Matter of The Howard Ibsen 2018 Trust

Case Number

23PR00138

Case Type

Hearing Date / Time

Wed, 11/12/2025 - 08:30

Nature of Proceedings

Review

Tentative Ruling

Probate Notes:

Appearances required.

The following is noted for the parties and Court at the hearing:

This matter began with a Petition for Internal Affairs filed by Kenneth Ibsen on April 18, 2023.  According to the allegations in the petition, Kenneth Ibsen is the son of the late Howard Ibsen, settlor of the subject trust.

The respondent to that petition was named as Judith Jackson, and Does 1-100. Since no Doe respondents have been named since the filing of the petition, Judith Jackson is, effectively, the only respondent in the case. Again, according to the allegations in the petition, 1) Judith Jackson was unrelated to the settlor, but allegedly lived with the settlor for 30 years prior to Settlor’s death; and 2) Judith Jackson had no interest in the subject trust until the Second Amendment was executed shortly before Settlor’s death. Since the Second Amendment was allegedly executed under duress, or as the product of undue influence, the only claims being made against Judith Jackson relate to claims that amount to elder abuse and beneficiary status in the subject trust.

However, petitioner did not expressly include any claims for elder abuse in the petition, nor does the prayer for relief contain any relief that could be construed to be authorized under the laws of California related to elder abuse.  This leaves the only claims “against” Ms. Jackson those related to her property rights in the trust as beneficiary, if there be any claims that can be construed “against” Ms. Jackson at all.

Since the Court received notice that Judith Jackson passed away on September 29, 2025, it appears that the only interest Ms. Jackson’s estate would have in this case is the issue of whether the estate has any rights to the distribution of trust property.

Therefore, the parties must come prepared to address these issues at the hearing, and discuss whether the discovery issues assigned for judicial reference are still necessary to pursue.

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