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Probate Notes

Department    LA    11     Court Convened at:    08:30 AM    05/06/2014
Honorable Lesley C. Green
Connie Hudson , Deputy County Clerk     , Deputy Sheriff
Paula Renteria CSR 9374 , Reporter

BP122665       1009     FULLER, THELSEY L. - TRUST    
Trust Proceedings
Compel Accounting

Petitioner(s): Fuller, Robert   Fuller, Doris

Attorney(s): Oldman, Marshal A., Esq.

Continuance Number:     Continuance From:

Last Date Changed: Monday, May 5, 2014 11:41 AM

Last Note Changed By: MOSBORNE

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available on the Court's web site at www.LASuperiorCourt.org.

petn filed 1/24/14

SUMMARY:
petnrs (2) are tr benes (2 of the settlor's 5 adult children)
tee is Patrick John Barnitt (appted per crt order dated 3/7/12)
30 day ntc ok

Atty decl filed 5/2/14

FACTS: Thelsey L. Fuller Tr estab 7/23/08. Thelsey died 8/26/09. The tr benes are the settlors 5 children (Petnr Robert, Petnr Doris, and Steven, Sandra and Shirley). The tee, pursuant to court order dated 3/7/12, is Patrick John Barnitt. Tee is bonded in amt of 350,000

The tee has never provided an acct, although he was appted 2 years ago. Petnrs made a written demand for an acct on 9/12/13 and the tee has not responded. Petnrs seek an order compelling the tee to file an acct for the period of 3/7/12 through the date of the order for the acct. The appeal also concerns the validity of an amendment. Petnrs seek an order that the tee be restrained from dist the tr assets before the appeal is decided. Petnrs alleg there is a reasonable probability that the petnrs will prevail in their appeal.

MATTERS TO CLEAR: N/A

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OBJECTIONS filed 2/3/14
OBJECTOR is Patrick John Barnitt
Atty is Jeanne M. Fitzgerald

SUMMARY:
Objector is tee (RESIGNATION filed 4/3/14)
NTC OF NON PAYMENT OF BOND PREMIUM (5,895) filed 4/2/14

FACTS: objector was waiting for the final acct from prior tees (petnrs) before preparing his own acct. Alleg he has no trust funds or any documents relating thereto. Objector believes the tr owns interests in 2 parcels of r/p, plus money owed by petnrs. The trust's 50% interest in r/p will be sold pursuant to court confirmation (hring was 4/3/14). petnrs and their relatives reside rent free in the trust's Inglewood residence.

objector filed resignation on 4/3/14

MATTERS TO CLEAR:
A. Has tee filed petn to approve resignation and appt succr? supp reqd.

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RELIEF:
1. JTD compel tee Patrick John Barnitt to file an acct for the period of 3/7/12 - date of court order compelling acct;
2. JTD that the tee be restrained from dist the assets of the tr until petnrs' appeal is decided;
3. JTD atty fees/costs
4. JTD OBJECTIONS

P/A COMMENT: Petnrs state an appeal of the Judgment and the Order Appting Succr tee is pending and therefore there is an automatic stay related to the appeal

Otherwise, tee has filed resignation on 4/3/14 and has failed to pay bond premiums 5,895. Does not appear petn to approve resignation or appt succr tee has been filed. Tee should be ordered to file acct by date certain and set OSC re: same

Hmm?

How was it that the Trust interest in the real estate was sold over the objections of the majority of the Trust beneficiaries?

How was it that the Estate of Edwina Fuller interest in the real estate was sold without the input of the beneficiaries of the Estate?

Steven A. Fuller wants  R E S P E C T ...

Respect is earned it is not freely given.