SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE LAMOREAUX JUSTICE CENTER PROBATE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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1 ATTORNEY LAW OFFICES OF ATTORNEY 123 Main St. Suite 1 City, CA Telephone: ( Facsimile: ( attorney@law.com Attorney for Petitioner, RON A. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE LAMOREAUX JUSTICE CENTER PROBATE DIVISION In the Matter of: THE A. FAMILY TRUST Case No.: PETITION FOR ORDER COMPELLING TRUSTEE TO PROVIDE NOTIFICATION AND COPY OF TRUST [Probate Code Section et seq.]; DECLARATION OF RON A.; PROPOSED ORDER Date: Time: Dept: Pursuant to Probate Code section et. seq., Petitioner Ron A. respectfully requests that this Court compel Trustee Nick F. to provide Petitioner with Notification and a copy of the trust known as the A. Family Trust (hereinafter the Trust, date of the Trust s inception unknown. STATEMENT OF FACTS Petitioner is the son of Decedent Hossein Rahimzadeh -A. (also spelled Ardebily. Petitioner is an heir to the decedent and is informed and believes that he is also named as a beneficiary to the Trust. Petitioner is a resident of the United Kingdom. Decedent was a resident of the United Kingdom and died in the United Kingdom on February 5, (See Exhibit A, True and Correct Copy of Certified Copy of an Entry of Death No 1

2 proceeding for the administration of the decedent s estate has been conducted in California. Decedent owned property in Orange County legally described as Lot 12 of Tract 9074, in the city of Mission Viejo, County of Orange, State of California as per map recorded in Book 380, Pages 40-46, inclusive of Misc. maps in the office of the county recorder of said county and located at Valderas, Mission Viejo(hereinafter Property. On July 14, 2005, a trust transfer deed was recorded transferring the Property to a revocable trust under RTC section in which the decedent granted the Property to R. A. and Nick F., Co-Trustees of the A. Family Trust, as R. A. s sole and separate property. (See Exhibit B, Trust Transfer Deed. The property tax rolls indicate that the Property continues to be held as titled on July 14, A. F. was the decedent s wife and Petitioner is informed and believes that Ms. F. currently resides in the home located at Valderas, Mission Viejo (the Property. Petitioner is informed and believes that upon the death of his father, all or portions of the revocable Trust became irrevocable thereby placing the statutory requirement on the remaining trustee, Ms. F., to provide notification to the petitioner pursuant to Probate Code Section (a (1 and upon Petitioner s request, to provide him with a true and complete copy of the terms of the irrevocable trust or portions thereof pursuant to Probate Code section (a. Trustee F. knew of Petitioner s whereabouts at that time yet failed to serve notification on Petitioner as required by Section Petitioner verbally requested of Trustee a copy of the Trust approximately one month after his father s death. (See Exhibit C, Declaration of Ron Rahimzadeh -A., attached herein. On May 4, 2009, the petitioner requested the Trust documents from Ms. F. via certified mail, a true and complete copy attached herein as Exhibit D. Ms. F. failed to respond to this request. Petitioner also sent a request for a copy of the Trust to the attorney who requested the recording of the July 14, 2005 transfer. (See Exhibit E, attached herein. That attorney 2

3 responded stating that his office was not retained to administer the Trust. (See Exhibit F, attached herein. PETITION I. NOTIFICATION AND COPY OF THE TRUST Probate Code section (a (1 states: A trustee shall serve a notification by the trustee... When a revocable trust or any portion thereof becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or more of the settlors of the trust. The notification must be served on each beneficiary and each heir of the irrevocable trust or irrevocable portion thereof provided the location of the beneficiary or heir is known to the trustee. (Probate Code section (b (1 and (2; (d and (e. The notification must contain the following: (1 The identity of the settlor or settlors of the trust and the date of execution of the trust instrument. (2 The name, mailing address and telephone number of each trustee of the trust. (3 The address of the physical location where the principal place of administration of the trust is located, pursuant to Section (4 Any additional information that may be expressly required by the terms of the trust instrument. (5 A notification that the recipient is entitled, upon reasonable request to the trustee, to receive from the trustee a true and complete copy of the terms of the trust. (Probate Code Section (g. Probate Code section (a states: When a revocable trust or any portion of a revocable trust becomes irrevocable because of the death of one or more of the settlors of the trust, or because, by the express terms of the trust, the trust becomes irrevocable within one year of the death of a settlor because of a contingency related to the death of one or 3

4 more of the settlors of the trust, the trustee shall provide a true and complete copy of the terms of the irrevocable trust, or irrevocable portion of the trust, to any beneficiary of the trust who requests it and to any heir of a deceased settlor who requests it. Title to the Property was, prior to the death of decedent, and remains to this date held by the Trust. N. F. as the remaining trustee and has failed in her statutorily mandated duties to provide notification or a copy of the Trust, upon his request, to the petitioner, an heir to the decedent who was a co-trustee to the Trust. The petitioner therefore requests that this Court compel Ms. F. to provide the notification and a copy of the Trust as specified in the aforementioned Probate Code section. II. TRUSTEE IS RESPONSIBLE TO PETITIONER FOR ALL DAMAGES CAUSED TO PETITIONER FOR HER FAILURE TO PROVIDE NOTIFICATION AS MANDATED IN PROBATE CODE SECTION Probate Code section (b states: (b A trustee who fails to serve the notification by trustee as required by Section on an heir who is not a beneficiary and whose identity is known to the trustee shall be responsible for all damages caused to the heir by the failure unless the trustee shows that the trustee made a reasonably diligent effort to comply with that section. For purposes of this subdivision, reasonably diligent effort" means that the trustee has sent notice by first-class mail to the heir at the heir's last mailing address actually known to the trustee. Trustee F. was aware of the petitioner s address since the death of the decedent. She refused to provide a copy of the Trust upon Petitioner s verbal request. (See Exhibit C, Declaration of Ron Rahimzdeh- A.. Furthermore, on May 8, 2008 Ms. F. received, and signed for, a certified letter requesting that a copy of the Trust be sent to the Petitioner s attorney (See Exhibit D to which she did not respond. Additionally, the petitioner believes, but cannot confirm until a copy of the Trust is provided, that he is also a beneficiary to the Trust. Probate Code Section (a states: 4

5 A trustee who fails to serve the notification by trustee as required by Section on a beneficiary shall be responsible for all damages, attorney's fees, and costs caused by the failure unless the trustee makes a reasonably diligent effort to comply with that section. Pursuant to the aforementioned Probate Code sections, the petitioner requests that this Court award him damages, attorney s fees and costs associated with his efforts to receive notification from Trustee F.. Date: Attorney Attorney for Petitioner Ron A. 5