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Case Number
test12345
Case Type
Hearing Date / Time
Thu, 06/22/2023 - 12:11
Nature of Proceedings
test
Tentative Ruling
Posted Probate Notes:
Supplements/corrections submitted after Monday, June 19, 2023, at 5pm will not be considered for the June 22, 2023, hearing (Local Rule 1721(c)(2)(2)). If deficiencies cannot be cured by that date, a continuance must be secured pursuant to Local Rule 1722(a)(1). Deficiencies must be corrected, or a continuance secured prior to hearing, or an appearance is required.
Supplement re: Bond. Sufficiency of the bond must be addressed. (See Local Rule 1714 (f)(6).) Here, per local rule, the petition must provide a statement addressing the bond. The statement must address whether the amount currently set at is sufficient, the need to increase/decrease, or that bond was never required, etc.
Notes to Judge:
Trustee fees: $39,641.97
Attorney fees: $2,000.00
Notes to Clerk:
NONE
MEMORANDUM
CURRENT ☒ PREVIOUS ☐
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Petitioner: |
Bank of America Relationship to Settlor(s): Trustee |
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Relief Requested: |
☒ Approval of Accounting ☒ Petition for Allowance of Fees NOTE: Even when an Accounting does not ask for specific relief: (PC § 1064(b)) “The filing of an account shall be deemed to include a petition requesting its approval, and may include additional petitions for authorization, instruction or confirmation authorized by the code, including, but not limited to, a request for an order for compensation of the fiduciary and the attorney for the fiduciary.” |
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Notice: |
☒ At least 30 days before hearing (Prob. Code, § 17203) |
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Accounting Period: |
PC § 1061(a) February 01, 2022 – January 31, 2023 |
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Issues with Merits: |
None |
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Assets on Hand at End of Last Account: |
$ 4,3I0,776.I8 |
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Assets on Hand at End of This Account: |
$4,187,260.66 |
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Bond: |
Sufficiency of the bond must be addressed. (See Local Rule 1714 (f)(6).) – see above note. |
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Trustee Fee: |
Fees Requested: $39,641.97 Section 17200, subdivision (b)(9) requires that probate courts review the reasonableness of a trustee's compensation. When “presented with a section 17200 petition to settle an account, ‘the probate court has a duty imposed by law to inquire into the prudence of the trustee's administration.’ [Citations.]” (Conservatorship of Moore (2015) 240 Cal.App.4th 1101, 1111 [citing (Schwartz v. Labow (2008) 164 Cal.App.4th 417, 427].) Trustee fee awards are analyzed pursuant to the factors listed in CRC, Rule 7.776. As such, trustees must submit documentation of the hours spent, nature of work performed, rate charged, etc. |
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Attorney Fees: |
Fees Requested: $2,000.00 No CRC governs attorney compensation in trusts. However, the Court can likely rely on the same factors in CRC, Rule 7.776 that govern compensation of trustees. |