Probate Calendar Department Nine (8:30 a.m.) September 5, 2014. Letters Testamentary were issued on September 6, 2013. Partial Inventory and Appraisal



Similar documents
LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 3. Appointment of Personal Representatives

CHAPTER ELECTIVE SHARE OF SURVIVING SPOUSE

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF

legal plans Assisting a person with dementia in planning for the future

ESTATE PLANNING OUTLINE

Durable Power of Attorney For Finances

The person to whom you give this power is known as your "attorney-in-fact" or "agent." You are known as the "principal."

CALIFORNIA PROBATE CODE Jan. 1, DO NOT FILE WITH THE COURT - Sections 13006, ,

PROBATE COURT OF FRANKLIN COUNTY, OHIO ROBERT G. MONTGOMERY, JUDGE. WRONGFUL DEATH TRUST DECLARATION [Loc. R. 70.2]


UNDERSTANDING PROBATE. The Family Guide PREPARED BY ROBERT L. FERRIS

PROBATE COURT FEE AND DISTRIBUTION SCHEDULE March 28, 2013

Title 7. Probate Rules. Chapter 1. General Provisions

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

DURABLE POWER OF ATTORNEY

72.2 ELECTRONIC FILING IN THE PROBATE DIVISION

UNDERSTANDING PROBATE: A BASIC GUIDE TO THE PROBATE PROCESS

LEGISLATIVE BILL 72. Approved by the Governor May 13, 2015

CHAPTER Committee Substitute for Committee Substitute for Senate Bill No. 494

14. Probate in the State of Washington

PRACTICE NOTE 25 ESTATES PRACTICE

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (2015)

New Changes to the Probate Code

PROBATE IN NEVADA WHAT, WHY, AND HOW by Layne T. Rushforth

Alzheimer s Services of Louisiana. Legal Planning For Louisiana Residents

SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE. Case No.:

ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY

Florida Lawyers Support Services, Inc. PO Box Orlando, Florida Fax PROBATE FORMS

Probate Proceeding Checklist (see Surrogate s Court Form P-1, rev. 2/08)

Index to Rules. Local Probate Rule 1...Hours of Court. Local Probate Rule 2...Examination of Files, Records and Other Documents

If You Are Considering Administering a Deceased Estate

Agency on Aging. Most material suggests finding, identifying, and recording the following:

Contact CANHR s Lawyer Referral Service (LRS) by visiting or calling (800)

California Wills, Trusts and Estate Planning

GUARDIANSHIP OF AN INDIVIDUAL WITH A WHAT IS A DEVELOPMENTAL DISABILITY

Recommended Procedures for Bank Officers in Guaranteeing Customers' Signatures

New York State Department of Taxation and Finance. Estate Tax Waivers

CALIFORNIA GUIDE TO BASIC ESTATE PLANNING 2014

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 10. Guardianships

New Texas Statutory Power of Attorney & Limitations on Use. Paul McNutt, Jr. Executive Vice President General Counsel

UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT. SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Fiduciary

Synopsis of Nevada Probate Law. Don W. Ashworth Probate Commissioner Eighth Judicial District Court

NC General Statutes - Chapter 37A 1

ESTATE SETTLEMENT BASICS

Florida Power of Attorney

INSURANCE BENEFICIARY CHANGES

Important Information About Changing The Beneficiary On An Insurance Policy

Article Estates and Trusts MARYLAND STATUTORY FORM PERSONAL FINANCIAL POWER OF ATTORNEY IMPORTANT INFORMATION AND WARNING

Residential Mortgage Loans: Foreclosure Procedures

THE CITY OF NEW YORK DEPARTMENT OF FINANCE NOTICE OF RULEMAKING

ESTATE PLANNING FACTS

GUIDELINES FOR COURT-APPOINTED ATTORNEYS IN GUARDIANSHIP MATTERS. (2005 Revised Edition)

A Bill Regular Session, 2011 HOUSE BILL 1811

FLORIDA GUARDIANSHIP: A RESOURCE FOR FAMILIES DEALING WITH ALZHEIMER S DISEASE

Request to Change Beneficiary on Life Insurance Policies

Section 34 - Real and Personal Property Conservatorship Estates

FOR THE COUNTY OF REDWOOD

HOW TO PLAN FOR INCAPACITY. Lawyers and financial professionals are typically expected to help their clients by

GUARDIANSHIP LAW IN NORTH CAROLINA for General Guardians - Guardians of the Person-Guardians of the Estate

Estate Planning. Farm Credit East, ACA Stephen Makarevich

Living Trust Overview

15 GCA ESTATES AND PROBATE CH. 7 TESTAMENTARY ADDITIONS

Supreme Court of Florida

LOS ALAMOS COUNTY PROBATE COURT

What is Estate Planning?

CALIFORNIA LAW REVISION COMMISSION

CONSERVATORSHIP AND GUARDIANSHIP IN MINNESOTA

ECKBERG LAMMERS ATTORNEYS AT LAW. Minnesota Personal Representative Instructions

Chapter 3 Probate of Wills and Administration. Part 1 General Provisions

PROBATE AND THE REALTOR

CHAPTER FORECLOSURE OF REAL ESTATE MORTGAGES BY ACTION

Administering a Deceased Estate DUNNING PLACE

INTRODUCTION. Probate Section of the ARKANSAS BAR ASSOCIATION 400 West Markham Street Little Rock, Arkansas 72201

TITLE 18 INSURANCE DELAWARE ADMINISTRATIVE CODE Consumer Rights. 901 Arbitration of Automobile and Homeowners' Insurance Claims

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

TRUST FUNDING (Estate Planning Advisory No. 4) WHAT IS TRUST FUNDING?

A Guide to Living Trusts

An Informal Glossary of Selected Entitlements, Guardianship and Estate Planning Terms 1

ESTATE PLANNING. Remember, estate planning is based on the idea that when you prepare in advance, you can prevent problems down the road.

ANZ Executors & Trustee Company (South Australia) Limited (Transfer of Business) Act 1996

PROBATE PROCEDURES MANUAL PROBATE DIVISION OF THE CIRCUIT COURT JACKSON COUNTY, MISSOURI

L E G A L F A C T S O F L I F E

Superior Court of California Statewide Civil Fee Schedule 1 Effective July 28, 2009

6/12/2014 AGENDA ESTATE PLANNING 101 ESTATE PLANNING OVERVIEW ESTATE PLANNING GOALS

INSTRUCTIONS TO APPROVE SETTLEMENT AND DISTRIBUTION OF WRONGFUL DEATH AND SURVIVAL CLAIM

Wisconsin Probate. A Client's Guide to the Language and Procedure of Probate inn Wisconsin BAKKE NORMAN L A W O F F I C E S

Long-Term Care Options Counseling Tool Kit:

Caring for a. Loved One s Estate. Serving as a Personal Representative

GUARDIAN ADVOCATE INFORMATION. For Persons with a Developmental Disability

COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY

Case 8:14-bk ES Doc 41 Filed 04/04/14 Entered 04/04/14 14:28:51 Desc Main Document Page 1 of 6

VEST & MESSERLY, P.A.

Terms & Conditions of Janney Montgomery Scott LLC Transfer on Death ( TOD ) Account Registration

NC General Statutes - Chapter 30 Article 1A 1

DURABLE POWER OF ATTORNEY. John Doe

UNDERSTANDING THE BASICS REVOCABLE LIVING TRUSTS

A trust is a separation of beneficial ownership from actual ownership. The grantor of the trust, in Texas usually called the settlor or trustor

Delaware UCCJEA 13 Del. Code 1901 et seq.

STEP-BY-STEP GUIDE TO THE PROBATE PROCESS

Matter of Northwest 5th & 45th Realty Corp. v Mitchell, Maxwell & Jackson, Inc NY Slip Op 31660(U) August 31, 2015 Supreme Court, New York

Transcription:

1. ESTATE OF ROSIO PP-20130115 Review Hearing Re: Status of Administration. Letters Testamentary were issued on September 6, 2013. Partial Inventory and Appraisal number 1 was filed on January 9, 2014. Partial Inventory and Appraisal number 2 was filed on July 1, 2014. 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, 2014. 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. ESTATE OF SMITH PP-20130172 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. ESTATE OF GOBLE PP-20130175 Review Hearing Re: Inventory and Appraisal. Letters of Administration with Will Annexed were issued on January 16, 2014. 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. ESTATE OF ANDERSON PP-20140042 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. MATTER OF THE GERALDINE J. HANSON TRUST PP-20140056 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

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, 2014. 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 413.10) 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, 2014. 6

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

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