Matter of Bettencourt Family Trust
Matter of Bettencourt Family Trust
Case Number
24PR00720
Case Type
Hearing Date / Time
Mon, 02/24/2025 - 08:30
Nature of Proceedings
Petition to Appoint Successor Trustee
Tentative Ruling
Probate Notes:
The following must be submitted:
Supplement re: Beneficiaries. The petition is vague as to the relationship to the settlors and the standing of the following persons:
- Living child, children, etc. The Petition fails to identify the children of the settlors, and the trust does not specifically identify any persons as children. There are only 6 persons named in the trust: Lee and Sarah Bettencourt (settlors), Boyd and Claire Bettencourt (beneficiaries who’s relationship to the settlors is not identified), Eric Caldwell (successor trustee), and Richard Christensen (successor trustee).
- Benjamin Bettencourt. Benjamin is not mentioned by name in the trust document, therefore does not appear to be a beneficiary or any person with standing. The supplement should explain how Benjamin has standing, and should specifically address whether the surviving spouse exercised the power of appointment in Article 8 of the trust. The supplement should contain documentary evidence of the exercise of the power of appointment or explain why such evidence is not available.
- Claire Bettencourt. Petitioner conspicuously omitted any discussion of Clair Bettencourt from the petition, but Claire is specifically identified as a contingent beneficiary, in equipoise with Boyd Bettencourt, at article 8, subd. F. of the Trust instrument. Supplement should explain Clair’s relationship to the settlors, and explain in detain why she was omitted from any discussion within the petition, and did not receive service of Notice of the Petition.
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.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 161 797 5412
Passcode: 8749009