Matter of The Burt Fugate Trust

Case Number

24PR00258

Case Type

Hearing Date / Time

Wed, 07/10/2024 - 08:30

Nature of Proceedings

Petition for Internal Affairs and Modification

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.

After supplement, the following is noted for the Court at the hearing:

Guardian ad Litem recommended for unborn persons.  The supplement reveals there is a remote chance that the “grandchildren” class could be expanded.  If the Court is concerned the class could expand, a Guardian ad Litem for unborn minors should be appointed:

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.)

It is, otherwise, recommended the Petition be granted unless objection is received.

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