Estate of John Anthony Trujillo
Estate of John Anthony Trujillo
Case Number
22PR00245
Case Type
Hearing Date / Time
Tue, 02/13/2024 - 09:00
Nature of Proceedings
Hearing Re: Blocked Account or Successor Guardian ad Litem
Tentative Ruling
Probate Notes:
Appearances required.
The following is noted for the Court at the hearing:
On May3, 2023, this Court signed two order relevant to this matter: 1) An Order re: Final Distribution, and 2) an Order to Deposit Funds Into Blocked Account (Form MC-355). The Order for Final Distribution contained language at paragraph 38 that appointed minor’s mother as guardian ad litem for purposes of distribution from the estate. The Order to Deposit Funds Into a Blocked Account contained an order naming Jennifer Guthrie-Verrette as guardian ad litem for purposes of placing the funds into a blocked account.
The matter on calendar was schedule due to a document that was filed with the court by the attorney for Guthrie-Verrette titled “DECLARATION RE; MINOR’S BLOCKED ACCOUNT AND ORDER THEREON.” This declaration contained within it a procedurally improper request for relief. A declaration is not a pleading, and all requests for relief must be made on pleadings that cite to authority authorizing this court to grant such requested relief. The declaration is not a pleading, and does not cite to any authority to grant the relief requested.
Thus, this matter was set for hearing to allow attorney for Ms Guthrie-Verrette to clarify the relief requested, and to point to authority for that relief.
It is noted that it appears the relief being sought is to, at minimum, clarify the person in the role of guardian ad litem of the minor, and make the minor’s mother that person for purposes of the Order to Deposit Funds Into a Blocked Account. However, the proper procedure for that request would be to file a Petition for Appointment of Guardian Ad Litem-Probate (DE-350/GC-100) requesting the minor’s mother be appointed, and include a request to discharge Ms. Guthrie-Verrette as Guardian ad Litem. This can be done by attaching the request to paragraph 5 of the petition as “attachment 5” and carefully articulating the order discharging Ms. Guthrie-Verrette at paragraph 8 of the proposed order (form DE-351/GC-101). Further orders to the bank that order the replacement of the guardian ad litem on the blocked account can also be placed in paragraph 8, or an attachment thereto.