Matter of The Plumlee Trust

Case Number

20PR00039

Case Type

Hearing Date / Time

Wed, 08/06/2025 - 08:30

Nature of Proceedings

Status Hearing

Tentative Ruling

Probate Notes:

Appearances required. 

On July 2, 2025, this Court appointed Shelly McConnell as the successor trustee of the subject trust, and set this hearing to review the status of the accounting and winding down of the trust.

A STATUS REPORT must be filed before the hearing outlining the successor trustee’s position on the following:

• First Accounting and Report. Specifically, what is the successor trustee’s position on whether the First Accounting and Report should be approved?
• Distributions and winding down of the trust.  What is a realistic timeline as to when the corpus of the trust can be distributed according to the distribution clauses in the trust, and a final accounting be filed for approval?

The following were the previously posted notes on the First 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.

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