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Fraud Alert: Scam Text Messages Claiming DMV Penalties -

We have been made aware of fraudulent text messages being sent to individuals claiming to be from the Department of Motor Vehicles (DMV) or the court system. These messages often state that the recipient owes penalties or fees related to traffic violations or DMV infractions and may include a link or phone number to resolve the matter. 

Take these steps to reduce the chances of falling victim to a text message scam:

  • Never respond to unsolicited or suspicious texts — If you receive a message asking for personal or financial information, do not reply.
  • Verify the source — If you are unsure, always contact the DMV through official channels.
  • Call the DMV if you have concerns — The DMV customer service team is available to help you at 800-777-0133.

Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

Jury Scam alert -

The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Matter of Howard Ibsen Family Trust

Case Number

19PR00086

Case Type

Trust

Hearing Date / Time

Mon, 10/02/2023 - 08:30

Nature of Proceedings

Petition to Approve 1st – 5th and Final Accounting

Tentative Ruling

Probate Notes:

Appearances required.  Pursuant to CRC, Rule 7.801, all objections are waived.

The following discrepancies must be resolved before the Court can approve the accountings:

Discrepancy no. 1 – Estate on hand at beginning of second account does not match the amount on hand at the end of the first account. (Prob. Code, §1061(a)(1).)  The property on hand at the end of the first account was $18,249,870.55, in the form of Cash Assets: $677,559.76 and Non-Cash Assets (carry value): $17,572,310.79.  The property on hand at the beginning of the second account was $18,241,328.27, consisting of Cash Assets: $11,297,461.76 and Non-Cash Assets (Carry Value): $6,943,846.51.  The accounting must be amended to track the differences and make up the discrepancy.

Discrepancy no. 2 – Charges do not equal credits in the third accounting.  (Prob. Code, §1061(c).)  Total charges in the third accounting are $18,949,188.02 and total credits are $18,326,597.  The Accounting must be amended to correct this discrepancy, and a schedule with a detailed reconciliation must be filed concurrently.

Discrepancy no. 3 - The trustee was paid at least $50,000 every year in trustee fees.  This amount was not explained, nor was it justified by billing statements showing the work performed and the hourly rate charged.

Section 17200, subdivision (b)(9) requires that probate courts review the reasonableness of a trustee's compensation. When “presented with a section 17200 petition to settle an account, ‘the probate court has a duty imposed by law to inquire into the prudence of the trustee's administration.’ [Citations.]” (Conservatorship of Moore (2015) 240 Cal.App.4th 1101, 1111 [citing (Schwartz v. Labow (2008) 164 Cal.App.4th 417, 427].)

Trustee fee awards are analyzed pursuant to the factors listed in CRC, Rule 7.776.  As such, trustees must submit documentation of the hours spent, nature of work performed, rate charged, etc.

According to the documents on file, it does not appear the trustees were entitled to such high fees, because the trustees did little more than pay some expenses of the trust, and assigned most of the investment monies to a professional broker.  Without billing statements showing the work performed, it is not recommended the Court approve the trustee fees as presented.  Consent and waiver of this issue by all beneficiaries is sufficient to disregard it.

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

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