Matter of The Kenneth J and Carol R Plumlee Trust

Case Number

20PR00039

Case Type

Hearing Date / Time

Wed, 09/11/2024 - 08:30

Nature of Proceedings

First Accounting and Review

Tentative Ruling

Probate Notes:

Appearances required. 

On June 18, 2024, Nathan Shaw filed a Petition for Approval of the First Accounting.  That petition received written objection by Kenneth S. Plumlee on July 9, 2024, placing this matter at issue and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)

A status update must be filed prior to the hearing.

Any other 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 issues were noted for the court at the last hearing (July 10, 2024):

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.

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