Estate of Penelope Sue Wright
Estate of Penelope Sue Wright
Case Number
23PR00360
Case Type
Hearing Date / Time
Mon, 10/02/2023 - 08:30
Nature of Proceedings
Petition: Determine Successor of Real Property
Tentative Ruling
Probate Notes:
Appearances required. The following must be submitted:
Proof of Service of Notice of Hearing. A proof of service must be submitted showing all persons entitled to notice were served with at least 15 days’ notice of the hearing date, and the notice was timely filed. (Prob. Code, § 13152, 1020.) All persons entitled to notice are the following:
- All persons named in Decedent’s will, including contingent beneficiaries, and named executors.
- All trustees and beneficiaries of the trust.
- All tenants in common (i.e. co-owners) of the real property and right holders in the mineral rights and royalties at issue.
Notice in this case is deficient, because there is no notice to AT LEAST the following individuals:
- William J. Lindsay
- Trustee of the William J. Lindsay Family Trust
- All fractional owners of mineral and royalty rights re:the Juan B. Careaga Tract of Rancho Los Alamos.
- Trustee of Angela G. Lindsay Family Trust
Points and Authorities. Petitioners’ request to determine the property/rights at issue passes to them cannot be granted as requested. The Last Will and Testament of the Decedent clearly states that the subject mineral rights/royalties pass 50% to Dana Emmons “for life” (meaning a life estate) and 50% to the Angela G. Lindsay Family Trust.
Points and authorities must be filed explaining how a life estate ownership can be passed via the subject petition, and how 50% can be passed to an individual not identified in the petition as the trustee of the Angela G. Lindsay Family Trust. The Points and Authorities should also address how the petitioners can be granted their requests without the written consent of an appointed personal representative of the Decedent’s estate. (Prob. Code, §13154(b)(3)(B).)
If the documents curing these deficiencies are not processed by noon on September 30, 2023, it is recommended that the matter be continued to a date set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.
Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 797 5412
Passcode: 8749009