Matter of The Plumlee Trust
Matter of The Plumlee Trust
Case Number
20PR00039
Case Type
Hearing Date / Time
Wed, 04/09/2025 - 08:30
Nature of Proceedings
Review Heairng re: Accounting
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.)
However, Nathan Shaw thereafter died in February of 2025. The death of Mr. Shaw creates procedural hurdles moving forward, because the accounting submitted for approval was submitted by Mr. Shaw in his capacity as trustee, which is now a vacant position within the trust. Further complicating matters is a petition filed on March 12, 2025, requesting the Court to appoint the objector, Kenneth S. Plumlee, as successor trustee to fill the vacancy. If the Court granted that petition, it would put Mr. Plumlee in a conflict of interest to advocate for the rejection of an accounting that he would also have to advocate for the approval of as the successor trustee.
Further problematic is the fact that the following issues have still not been resolved after multiple hearings:
Defective Accounting Period In Amended Account. 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 the amended petition alleges the Accounting period as June 14, 2022 – June 30, 2023, far earlier and shorter than the accounting period ordered.
Proof of Service of Amended Accounting. “An amended pleading or an amendment to a pleading requires the same notice of hearing (including publication) as the pleading it amends.” (CRC, Rule 7.53(a).) There is no proof of service of the Notice of Hearing (DE-120) for the amended pleading on file.
THEREFORE: A status update must be filed prior to the hearing specifically detailing:
- The legal positions of the remaining beneficiaries re: the accounting.
- Whether the remaining beneficiaries will be opposing the appointment of Mr. Plumlee as successor trustee.
- Whether the petition for approval of the accounting will be withdrawn.
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.
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