Estate of Walter A Fasold, Jr

Case Number

24PR00563

Case Type

Hearing Date / Time

Wed, 12/04/2024 - 08:30

Nature of Proceedings

Petition for Spousal Property

Tentative Ruling

Probate Notes:

The following must be submitted:

Supplement re: request for distribution conflicting with the Decedent’s Last Will and Testament.  A supplement to the petition is required to show the Court how the Court has authority to determine and confirm that Decedent’s stock holdings pass to the petitioner, when the Decedent’s Will plainly states “I give my entire estate, both real and personal, of whatsoever character and wheresoever situated, to the Trustee of that Trust designated as the Walter A Fasold and Jane M. Fasold Living Trust u/d/t/ 4/21/17, established prior to the execution of this Will, under the Declaration of Trust, wherein I was a Trustor.”

According to that provision of the Will, this Court does not appear to have the authority to grant the petition.

If the documents curing these deficiencies are not processed by 8:00 a.m. on December 2, 2024, the petition will be recommended for DENIAL, unless the party appears and requests a continuance date, or submits a request for a continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-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