Matter of David and Josephine Maldonado Trust

Case Number

23PR00585

Case Type

Hearing Date / Time

Mon, 03/18/2024 - 08:30

Nature of Proceedings

Petition for Internal Affairs

Tentative Ruling

Probate Notes:

Appearances required. 

At the initial hearing, Co-Trustees/Respondents appear to have answered one of the three prayers made in the Petition by giving Petitioner a copy of the requested trust.  No objection to the Petition was filed, nor has been filed since.

There are still two outstanding prayers for relief:

1. Ascertain all beneficiaries and their rights to trust res.
2. Order trustee/respondent to pay damages.

The following is noted for the court at this hearing:

No Trust Instrument on file.  The Court cannot answer prayer no. 1 above if a copy of all known iterations of the trust, and all accompanying amendments, are not submitted for review. Respondents or Petitioner must submit all trust instrument for review. (Local Rule, 1791(c).)

Proposed Order (Local Rule, 1731.) – Petitioner must submit a proposed order outlining the exact relief requested in the petition.

If no written objection to the Petition is on file by the hearing, it is recommended the Court hold that all objections are considered waived.  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.

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