Estate of Sandra W Lemon

Case Number

25PR00050

Case Type

Hearing Date / Time

Tue, 03/18/2025 - 09:00

Nature of Proceedings

Petition: Probate Will and Letters Testamentary

Tentative Ruling

Probate Notes:

Appearances required.

Petitioner must come prepared to discuss the necessity of an expensive, elongated probate of the Decedent’s estate, over the filing of a single petition pursuant to Probate Code section 850 to Determine Title to Property.

The Decedent executed a trust on April 30, 2014, that contained the following general assignment clause:

All of our right, title and interest in and to any other personal or real property, title to which is vested in either of our names as individuals, including without limitation other bank, savings and investment accounts vested in our name(s) and those accounts titled in the name of the trust at a future date.

(Supp. at Sched. A, dgtl. p.28.)

This, as a matter of law, placed all property the settlor owned into the settlor’s trust, making probate of the Decedent’s estate unnecessary to transfer title to any property owned by Decedent to Decedent’s heirs/beneficiaries. Since the heirs of Decedent’s estate are the same as Decedent’s beneficiaries under the terms of Decedent’s trust, it appears the probate of this estate will result in higher fees and costs to the Decedent’s heirs than is necessary.

It is recommended the Court deny the petition, unless petitioner shows good cause as to why probate of the estate is necessary.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334