02 September 2014

All y'all crooked.

Probate Notes
Department    LA    11     Court Convened at:    08:30 AM    09/08/2014
Honorable Lesley C. Green 
Connie Hudson , Deputy County Clerk     , Deputy Sheriff 
Paula Renteria CSR 9374 , Reporter

BP122665       1064     THELSEY L. FULLER TRUST DATED JULY 23, 2008     
Trust Proceedings  
APPRV. RESIGN TRUSTEE/APPT SUCC
Petitioner(s): Barnitt, Patrick  
Attorney(s): Fitzgerald, Jeanne M.  
Continuance Number:     Continuance From:
Last Date Changed: Tuesday, September 2, 2014 01:51 PM
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.LACourt.org.

Petition filed 5/16/14

SUMMARY:
Petnr is succr tee of trust
tr juris ok

OTHER CASES: Petnr is admr of estate of Edwina Fuller (Thelsey Fuller's predecd) in BP135381. Edwina's Fuller's previous cshp proceeding at BP099211.

MATTERS TO BE CLEARED: 
A. 30 days notice of hearing filed 5/21/14 ok? No verified allegation of names and addresses of all persons entitled to notice per Probate Code section 17201 - supp reqd

FACTS: Petnr alleges that due to urgent and compelling personal and business reasons that have arisen, petnr alleges it is necessary that petnr resign as tee at the earliest convenience of the Court.

Petnr alleges the trust instrument does not provide a practical method of appointing a tee and does not name a succr tee. Petnr alleges there has been no agreement between adult benes entitled to enter into such an agreement to provide a succr tee in accordance with Probate Code section 15660(c).

RELIEF:
1. JTD issuing an order accepting his resignation as trustee
2. JTD appointing a temp tee
3. JTD issuing an order for reimbursement to petnr for out-of-pocket costs inthe sum of $977.59

PA COMMENTS: See remaining note - need written supplement to clear note and determine if notice is sufficient.

Otherwise, grant JTDs 1 & 3, above. JTD should be denied without prejudice as moot as Court previously appointed Tala Davis as interim tee per 6/5/14 minute order. Petnr's 1st & Final Acct filed and set for 10/14/14

Mosborne@lacourt.org MO(9/2)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1065
Order to be Prepared By     Clerk:     Attorney:




Department    LA    11     Court Convened at:    08:30 AM    09/08/2014
Honorable Lesley C. Green 
Connie Hudson , Deputy County Clerk     , Deputy Sheriff 
Paula Renteria CSR 9374 , Reporter

BP122665       1065     THELSEY L. FULLER TRUST DATED JULY 23, 2008     
Trust Proceedings  
Appt. Successor Trustee
Petitioner(s): Fuller, Steven   Fuller, Robert
Attorney(s):  
Continuance Number: 1     Continuance From: Thursday, June 5, 2014
Last Date Changed: Tuesday, September 2, 2014 01:51 PM
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.

This is an ex parte application presented on 4/24/14 and set for this 6/5/14 hearing

PRIOR ORDERS: Cont to 9/8/14 as to JTD 1 only

SUMMARY:
Petnr is trust bene
tr juris ok
30 days ntc ok

Tala R. Davis' consent to act as succr tee attached to petition.

OTHER CASES: Petnr is admr of estate of Edwina Fuller (Thelsey Fuller's predecd) in BP135381. Edwina Fuller's previous cshp proceeding at BP099211.

FACTS: Per 2/17/12 Court order, Robert Fuller was removed as succr tee of the trust, effective immediately and was ordered to turn-over all papers that concern the trust and property belonging to the trust. Patrick Barnitt was appointed succr tee w/bond of $350,000.

Petnr alleges that on 4/14/14, petnr was advised by Jeanne Fitzgerald, atty for Patrick Barnitt, that her client had resigned as succr tee and she would no longer serve as his attorney.

Petnr alleges that on 4/3/14, the trust sold its one-half interest in R/P located at 1916 North Belhaven Avenue, Los Angeles, by Court confirmation (the other one-half interest is owned by the Estate of Edwina Fuller was sold separately). Petnr alleges escrow is waiting to close on each interest and a succr tee must be appointed to address the pending escrow and other trust matters.

MATTERS TO BE CLEAR:
A. What is proposed amount of bond for Tala R. Davis as succr tee? - supp reqd
B. What is current status of escrow? - supp reqd

RELIEF:
1. JTD appointing Tala R. Davis as succr tee of the Thelsey L. Fuller Trust
2. JTD bond

PA COMMENTS: See prior orders. 

MOsborne@lacourt.org MO(5/29)MO(9/2)
RECOMMENDED DISPOSITION:
RELATED ITEMS: 1064
Order to be Prepared By     Clerk:     Attorney:


BP122665
 


No comments:

Post a Comment

All comments are reviewed before posting.