Matter of The Kenneth J and Carol R Plumlee Trust
Matter of The Kenneth J and Carol R Plumlee Trust
Case Number
20PR00039
Case Type
Hearing Date / Time
Wed, 06/18/2025 - 08:30
Nature of Proceedings
1. Accounting, 2. Petition to Appoint Successor Trustee
Tentative Ruling
Probate Notes:
Appearances required.
The following is noted for the Court at the hearing:
Accounting
On June 18, 2024, Nathan Shaw, in his capacity as trustee, 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.)
Before the Court could set the evidentiary hearing, Nathan Shaw died in February of 2025. The death of Mr. Shaw created a vacancy in the trustee position, as well as a procedural hurdle to the accounting gaining approval.
As it currently stands, the accounting submitted for approval by Mr. Shaw in his capacity as trustee should not be approved due to the following defects:
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.
Petition to Appoint Successor Trustee
On March 12, 2025, Kenneth S. Plumlee filed a Petition requesting the Court to appoint Mr. Plumlee (an objector to the accounting) as successor trustee to fill the vacancy at the trustee position. It was previously noted that 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. Supplement filed on May 1, 2025, admits Mr. Plumlee still does not approve of the accounting.
On June 6, 2025, Angella Shaw filed a written objection to the Mr. Plumlee’s Petition to Appoint Successor Trustee. Ms. Shaw makes several allegations that claim Mr. Plumlee is unfit to serve as trustee.
Due to the contentious nature of the dispute before the Court, it is recommended the Court appoint a neutral Private Professional Fiduciary to administer the trust, wind it down, and distribute the corpus. Parties must come prepared to discuss appointment of a PPF, and be ready to offer names of PPFs that can be appointed as trustee. In the absence of agreement by the parties, it will be recommended that the Court appoint either Shell McConnell or Barry VanderKelen.
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