Probate Calendar Department Nine (8:30 a.m.) September 5, Letters Testamentary were issued on September 6, Partial Inventory and Appraisal

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1 1. ESTATE OF ROSIO PP Review Hearing Re: Status of Administration. Letters Testamentary were issued on September 6, Partial Inventory and Appraisal number 1 was filed on January 9, Partial Inventory and Appraisal number 2 was filed on July 1, There is no Final Inventory and Appraisal in the court s file. Upon request of the personal representative, the court continued the hearing on the filing of the Final Inventory and Appraisal to September 19, Under the circumstances presented, it appears appropriate to continue this review hearing as well. TENTATIVE RULING # 1: THIS MATTER IS CONTINUED TO 8:30 A.M. ON WEDNESDAY, DECEMBER 17, 2014 IN DEPARTMENT EIGHT. 1

2 2. ESTATE OF SMITH PP Review Hearing Re: Inventory and Appraisal. TENTATIVE RULING # 2: THE FINAL INVENTORY AND APPRAISAL HAVING BEEN FILED ON JULY 22, 2014, THIS MATTER IS DROPPED FROM THE CALENDAR. 2

3 3. ESTATE OF GOBLE PP Review Hearing Re: Inventory and Appraisal. Letters of Administration with Will Annexed were issued on January 16, There is no Final Inventory and Appraisal in the court s file. TENTATIVE RULING # 3: APPEARANCES ARE REQUIRED AT 8:30 A.M. ON THURSDAY, SEPTEMBER 5, 2014 IN DEPARTMENT NINE. 3

4 4. ESTATE OF ANDERSON PP Review Hearing Re: Inventory and Appraisal. TENTATIVE RULING # 4: THE FINAL INVENTORY AND APPRAISAL HAVING BEEN FILED ON AUGUST 7, 2014, THIS MATTER IS DROPPED FROM THE CALENDAR. 4

5 5. MATTER OF THE GERALDINE J. HANSON TRUST PP Petition for Breach of Trust and Removal of Successor Trustee. Petitioner has filed five petitions in one document a petition to remove a trustee for alleged breach of trust; a Probate Code, 850 petition to assert a claim that the Geraldine J. Hanson Trust (Trust) owns certain real property despite it having been transferred by grant deed to the successor trustee of the Trust; for an accounting of the Trust; to remove an attorney-in-fact; and for the attorney-in-fact to provide an accounting. Petitioner alleges in the verified petition that she is the daughter of the settlor and beneficiary of the Trust. She further alleges the following: petitioner is informed and believes respondent Lintt is the acting successor trustee of the Trust; respondent Abbott is the spouse of respondent Lintt and the recipient of Trust property without consideration; the Trust was established in 1999; petitioner is informed and believes that in 2005 trustor was diagnosed with Alzheimer s disease; petitioner is informed and believes that after being diagnosed with Alzheimer s disease the trustor had no capacity to make decisions either personal or financial; after trustor s diagnosis in 2005 respondent took the original estate planning documents from trustor s residence stating respondent would make copies and send such copies to petitioner; petitioner does not have copies of those documents; in May 2006 the trustor executed a durable power of attorney naming respondent as attorney-in-fact after trustor s diagnosis and loss of capacity; petitioner is informed and believes that trustor executed multiple amendments to the Trust before and after her diagnosis with Alzheimer s disease and both before and after her incapacity; respondent has refused to provide petitioner with a copy of the estate planning documents; petitioner is informed and believes that trustor s real property located in Rescue was rented to various tenants and the income was used for the care, maintenance and welfare 5

6 of trustor; on February 14, 2014 respondent executed a grant deed as attorney-in-fact for trustor that conveyed the real property to the respondent and her spouse for insufficient consideration; and petitioner is informed and believes that this resulted in the trustor being deprived of necessary rental income from that real property. Petitioner also alleges the respondent breached her duties as attorney-in-fact and successor trustee. Petitioner requests production of all records kept as attorney-in-fact from May 11, 2006 to the present; for respondent to account for her actions as attorney-in-fact; for respondent to resign as attorney-in-fact; for respondent to provide petitioner with copies of the Trust; for removal of respondent as successor trustee; to appoint petitioner as successor trustee; to direct transfer of the real property from respondent and her spouse to petitioner as successor trustee; to surcharge the respondent double the amount of damage to the Trust; and to account for the Trust. The proof of service declares that the respondents were served notice of the hearing and copies of the petition by mail on April 17, There are no objections or opposition to the petition in the court s file. At least 30 days prior to the day of the hearing, the petitioner shall cause notice of the hearing and a copy of the petition to be served in the manner provided in Chapter 4 (commencing with Section ) of Title 5 of Part 2 of the Code of Civil Procedure on all of the following persons where applicable: (1) The personal representative, conservator, guardian, or trustee as appropriate. (2) Each person claiming an interest in, or having title to or possession of, the property. (Probate Code, 851(a).) Respondent successor trustee Lintt executed an acknowledgement of receipt of the petition on May 8, 2014 and the acknowledgement of receipt was filed on June 4,

7 Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing, together with a copy of the petition, on the following: (1) The attorney-in-fact if not the petitioner. (2) The principal if not the petitioner. (Probate Code, 4544(a).) The petition does not allege that the trustor/power of attorney principal is deceased. In fact, the trustor is listed as an interested person in paragraph 24 of the petition. Despite allegations of incapacity, at this point they are mere allegations and pursuant to the provisions of Section 4544(a)(2) the trustor in her capacity as the principal is entitled to be served with notice of these proceedings in order to provide her an opportunity to respond to the allegations if she so desires. At least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be mailed to all of the following persons: (2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3 (Probate Code, 17203(a)(2).) The petition does not allege that the trustor is deceased. In fact, the trustor is listed as an interested person in paragraph 24 of the petition. Since the petition alleges that the trustor has been deprived of necessary rental income that she previously received from the Trust s real property, presumably the trustor is also the current income beneficiary of the Trust and is entitled to service of notice of the proceedings. Despite allegations of incapacity, at this point they are mere allegations and pursuant to the provisions of Section 17203(a)(2) the trustor/current income beneficiary is also entitled to be served with notice of these proceedings in order to provide her an opportunity to respond to the allegations if she so desires. Due to the service deficiency cited above, the court can not reach the merits of the petition. At the hearing on July 11, 2014, respondents requested a continuance of the hearing. The court directed respondents to give notice of the continuance to the other parties. Respondents have not submitted proof of service of notice of the continuance; and petitioner has not 7

8 submitted proof of service of notice of the hearing and a copy of the petition on the trustor/principal/current income beneficiary. TENTATIVE RULING # 5: APPEARANCES ARE REQUIRED AT 8:30 A.M. ON THURSDAY, SEPTEMBER 5, 2014 IN DEPARTMENT NINE. 8