Matter of Lon Lavelle Brazelton Special Needs Trust

Case Number

16PR00405

Case Type

Hearing Date / Time

Wed, 11/06/2024 - 08:30

Nature of Proceedings

First Accounting of Successor Trustee (Amended)

Tentative Ruling

Probate Notes:

No appearances required, unless petitioner wishes to address the notes below.

The Amended Account has been reviewed, and the following is noted for the Court at the hearing:

Discrepancy no. 1 – Estate on hand at beginning of account does not match the amount on hand at the end of the last account. (Prob. Code, §1061(a).) The sixth account was filed on August 9, 2017, and shows a total estate value of $137,218.55.  The property on hand here shows $137,895.76, a difference of (+$677.21).  The property on hand should have reflected the amount on hand at the end of the last account. (Prob. Code, §1061(a).)

Petitioner’s explanation is understandable, but not satisfactory to clear the note.  According to the Probate Code section cited above, the estate on hand at the beginning of the accounting period must be the same as the estate on hand at the end of the last accounting period.  Any discrepancies must be accounted for either in the receipts schedule (for additional funds), or the disbursements schedule (for missing funds).

It is recommended the Court accept this discrepancy as presented, but only due to the fact that the difference in funds is not negative.  If the value here was missing, it would have to be accounted for or surcharged.

Discrepancy no. 2 – Fee requests for both the trustee and attorney for trustee are high, compared to the amount of trust property and apparent work that needed to be performed. However, the explanation offered in the amended accounting is persuasive enough to allow a one-time award of these high fees due to the extraordinary work that was required due to the succession, with a warning that such high fees will not be awarded in the future.

Discrepancy no. 3 – The petition contains allegations that the real property in the trust will be sold, without explanation as to why the sale of an income generating property would be prudent.  Unlike the fiduciary’s explanation above, attorney for fiduciary’s explanation is not persuasive enough to allow a one-time award of these high fees. It is recommended the Court reduce the fees by $930.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 956 1423

Passcode: 137305