receive a distribution from the trust in the amount of the account assets.

See In re Estate of Holmes, 43 Cal. Rptr. 693, 695 (Ct. App. 1965) (indicating that adepemtion only occurs under California law when the decedent had the intent, at the time of the transfer, for the gift to adeem). 1 The district court affirmed the probate commissioner's report and recommendation, and this appeal followed.

On appeal, Robert argues that the probate commissioner's conclusion that Annette did not intend the gift to adeem was contrary to the evidence presented, including evidence from which he argued that her intent at the time of transfer could be inferred. Having considered the parties' arguments and the record on appeal, we conclude that substantial evidence supported the conclusion that Annette did not intend the gift to adeem when she transferred the assets. Although some evidence was presented that supported Robert's contention that Annette intended for the gift to Maryann to fail, Robert himself testified that the transfer was done solely to follow their financial advisor, who had transferred to a different investment firm. Furthermore, Maryann and another witness both testified that Annette had repeatedly mentioned that she had made a gift to Maryann in her trust, that Maryann and Annette were extremely close with no hostility or animosity between them up to the time of Annette's death, and that, immediately following Annette's death, Robert stated that he would be giving money to Maryann. Thus, the district court's decision affirming the probate commissioner's report and recommendation was supported by substantial evidence. See In re Estate lUnder its terms, the trust agreement is governed by California law.

SUPREME COURT OF NEVADA (0) IFTTA of Bethurem, 129 Nev. 313 P.3d 237, 242 (2013) (holding that this court will uphold the district court's findings of fact if they are supported by substantial evidence).

Accordingly, we ORDER the judgment of the district court AFFIRMED.

Pieku tiAe J.

Pickering

Par

Saitta

cc: Hon. Gloria Sturman, District Judge John Walter Boyer, Settlement Judge Phillips Ballenger Law Offices of P. Sterling Kerr McDonald Carano Wilson LLP/Las Vegas Eighth District Court Clerk

SUPREME COURT OF NEVADA OM 1947A e,