Matter of Ann Sharlyn Reading Trust
Matter of Ann Sharlyn Reading Trust
Case Number
24PR00571
Case Type
Hearing Date / Time
Wed, 11/13/2024 - 08:30
Nature of Proceedings
Petition for Internal Affairs
Tentative Ruling
Probate Notes:
Appearances required.
Probate Code §15642(b) states that the grounds for removal “include” the nine enumerated grounds, but the statute does not limit the court to those grounds. For this reason, and because the last ground, “other good cause,” is a flexible catch-all, the discretionary power of a court to remove a trustee is very broad.
Petitioner alleges the current trustee has “failed to act” after the death of the settlor. Although no specific harm to the trust is alleged (i.e. the trust is losing money on bad investments, trust property is suffering waste due to lack of repair, etc.), the trust should not even exist at this point in time (nine years after the death of the settlor), because of the mandatory distribution clause in the trust:
VI. Distribution of Trust Property Upon Death of Grantor
Upon the death of the grantor, the trustee shall distribute the trust property outright to the beneficiaries named in Section V, Paragraphs (A) and (B.
(Pet. at ex. A, Art. VI.)
Therefore, the Court may exercise its broad discretion to find good cause for removal of the trustee, and appoint the petition to affect the final distribution of trust assets.
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.
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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