Matter of The Burt Fugate Trust
Matter of The Burt Fugate Trust
Case Number
24PR00258
Case Type
Hearing Date / Time
Wed, 05/29/2024 - 08:30
Nature of Proceedings
Petition to Approve Removal of Co-Trustee, Removal of Successor Co-Trustee, Modification of Trust Instrument
Tentative Ruling
Probate Notes:
Appearances required. Any Respondents desirous to object to the Petition, must file a written objection before the 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 must be submitted:
Supplement re: Guardian ad Litem. The petition reveals the potential need to appoint a Guardian ad Litem for unborn minors.
The consent of a beneficiary who lacks legal capacity, including a minor, or who is an unascertained or unborn person may be given in proceedings before the court by a guardian ad litem, if it would be appropriate to do so. In determining whether to give consent, the guardian ad litem may rely on general family benefit accruing to living members of the beneficiary's family as a basis for approving a modification or termination of the trust.
(Prob. Code, § 15405.) Petitioner must submit supplement explaining why a Guardian ad Litem should not be required under the circumstances.
Proposed Order (Local Rule, 1731.) – Petitioner must submit a proposed order outlining the exact relief requested in the petition. PLEASE NOTE: the Petition does not contain the exact language that will be included in the modification of the trust. The proposed modifications at Paragraph 18 of the Petition are too general. The proposed order should contain this language for the Court’s review.
If the documents curing these deficiencies are not processed by 8:00 a.m. on May 27, 2024, 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 1701(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: 161 956 1423
Passcode: 137305