Matter of The Kenneth J and Carol R Plumlee Trust, Dated 8/6/17

Case Number

20PR00039

Case Type

Hearing Date / Time

Wed, 07/10/2024 - 08:30

Nature of Proceedings

Petition for Approval of First Accounting

Tentative Ruling

Probate Notes:

Appearances required.  Any Respondents desirous to object to the Petition, must file a written objection before the hearing.  The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.

The following is noted for the court at the hearing:

Notice Defective.  Notice of this petition was given on June 18, 2024, which is 8 days short.  Notice of petitions for approval of accountings in trust matters (17200(b)(5)) must be given “[a]t least 30 days before the time set for the hearing on the petition, the petitioner shall cause notice of hearing to be delivered pursuant to Section 1215 to all of the following persons: (1) All trustees. (2) All beneficiaries, subject to Chapter 2 (commencing with Section 15800) of Part 3. (3) The Attorney General, if the petition relates to a charitable trust subject to the jurisdiction of the Attorney General.” (Prob. Code, § 17203.)

Defective Accounting Period.  The Court Order compelling this accounting specified the accounting period as “May 17, 2019 to the present date.” (Form. Ord. Aft. Hear., filed Feb. 21, 2024.)  Paragraph two of this petition alleges the Accounting period as June 14, 2022 – June 30, 2023, far earlier and shorter than the accounting period entered.  Further ambiguity exists, because the Summary of Account lists the accounting period as June 14, 2024 to June 30, 2024.  Although this is likely a typographical error, it should be corrected by amendment, and the accounting period ordered should be obeyed.

Proposed Order (Local Rule, 1731.) – Petitioner must submit a proposed order outlining the exact relief requested in the petition.

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).

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