Matter of Kinnebrew Family Trust
Matter of Kinnebrew Family Trust
Case Number
23PR00548
Case Type
Hearing Date / Time
Tue, 06/17/2025 - 08:30
Nature of Proceedings
1. Review re Accounting 2. Petition for Instructions
Tentative Ruling
Probate Notes:
Appearances required.
The following matters are on calendar:
Review Hearing re: Accounting
A status report filed on April 28, 2025, reports no further issues with the accounting, and purports to reach a conclusion that the accounting should be approved. However, a written objection was filed by Sophia Kinnebrew on April 29, 2025, in which she (and arguably Sarah Kinnebrew) object to various items they are contesting, one of which is arguably all actions taken by Debra Trout, the current trustee of the trust. This would logically include the accounting.
Therefore, all parties must appear at the hearing to state on the record whether there are any further objections to the accounting, and if so, what specifically those objections are.
Petition for Instructions (Amended)
On March 27, 2025, Trustee, Debra V. Trout, filed a Petition for Instructions pursuant to Probate Code section 17200, requesting the Court to interpret certain terms of the trust: whether the agreement between the former trustee and Jana L. LaFollette is binding and satisfies her interest in the trust; identify/confirm beneficiaries; and successor beneficiaries. The Petition of the Trustee received written opposition on April 10, 2025, and on April 29, 2025, by Sophia Kinnebrew, placing the 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.)
The status report filed on April 28, 2025, alleges no objections to the Petition for Instructions exists, and all agree to its approval. But the written objection filed by Sophia Kinnebrew alleges (poorly) the contrary, and will need to be clarified by the parties so the Court can determine the standing of the parties involved, and properly adjudicate the rights of those parties with standing.
Parties must come prepared to clarify what matters specifically need resolution moving forward, and what matters may be resolved at this hearing so they do not convolute matters moving forward. All discovery needs must also be presented at the hearing.
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