Matter of the Edward and Evelyn Mang Trust

Case Number

23PR00535

Case Type

Hearing Date / Time

Wed, 01/17/2024 - 08:30

Nature of Proceedings

Petition to Determine Claim to Real Property

Tentative Ruling

Probate Notes:

Appearances required. 

Any Respondents desirous to object must file a written objection before the next hearing.  The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver. 

The following is noted for the Court:

Notice is still defective, since this is clearly a trust petition, and being heirs to a decedent’s estate does not make this matter a decedent’s estate matter, nor does it somehow magically except said heirs from being a “person claiming an interest in, or having title to or possession of, the property” pursuant to Probate Code section 851(a)(2), requiring 30 days notice and a copy of the petition to be personally served.  Thus, Petitioner fails to show how Evelyn M. Mang is not a person within the scope of section 851(a)(2), or qualifies as a person subject to the notice provisions of 851(b).

However, Petitioner’s argument that all persons entitled to notice have waived notice, is persuasive, and should be adopted by the Court. The waivers were not on file when calendar was closed before the last hearing.

Therefore, absent objection, the Court should grant the petition.