1. SPR80388, MATTER OF THE HAEL THATCHER SNT
The Trustee’s 6th Account and Report is APPROVED. Additionally, pursuant to Probate Code § 15408(a)(2), the court finds good cause to release and waive bond and to require the next accounting to be the final one required upon exhaustion of the trust assets pursuant to Probate Code §16062(a). The court further waives the court filing fees pursuant to Government Code §70652(d).
To the extent the Trustee has requested instruction regarding Trust termination, the court notes the Trust expressly provides for termination only upon the death of the beneficiary. (Trust, §5.1(c).) However, the exhaustion of Trust assets - even during the beneficiary’s lifetime - would necessarily result in termination of the Trust. The court would be disinclined to terminate the Trust otherwise.
2. SPR82450, MATTER OF DAVID STEWART HUHLE
The Fifth Account and Report is approved.
As for the petition for trustee and attorney compensation,trustee fees are approved in the amount prayed. Attorney fees are approved in the amount of $4,515.00. The court has reduced the hourly rates of the attorney and his paralegal to $375/hour and $150/hour, respectively. In making this determination, the court has considered the nature and difficulty of the tasks performed, the time spent, the results achieved, and the compensation customarily allowed by the court in the community where the court is located.
3. SPR090509, MATTER OF SHARON ANELLO TRUST
Approved. The Court will sign the [proposed] order submitted with the Second Supplement on July 8, 2020.
4. SPR092567, MATTER OF ROBERT MICHAEL ZAJONC TRUST
The Court will approve the settlement agreement and sign the proposed order submitted by attorney Michael Spalding if written consents to the Court’s continuing jurisdiction pursuant to CCP §664.6 are received prior to the hearing. As of noon on August 5, 2020, the Court has not received the consents. All other items identified in the Court’s tentative ruling for the July 24, 2020 hearing have been addressed. If the Petitioner wishes the Court to approve the settlement agreement without continuing jurisdiction under CCP section 664.6, she may call to request an appearance at the hearing and so indicate. The Court would then approve the settlement and sign a modified order. Absent receipt of consents or a request to appear, the matter will be continued to September 11, 2020 at 9:30 a.m. in Department 18.
5. SPR094341, MATTER OF JAMES HOSTETTER, BERNITA V. HOSTETTER TRUST
A request for dismissal without prejudice of this petition was entered on August 3, 2020. Therefore, this hearing is dropped from calendar.
6. SPR094342, MATTER OF FLORENCE PIEPENBRINK & ROBERT PIEPENBRINK TRUST
Petition to Appoint Successor Trustee and Confirm Trust Beneficiaries is APPROVED. The Court will sign the proposed order appointing petitioner as successor trustee (without bond); and confirming the residuary share of Ellen Piepenbrink passes to petitioner as the only other residuary beneficiary under the Trust.
7. SPR094359, MATTER OF JULIUS JAHN, GERTRUDE H. JAHN TRUST
The petition is APPROVED. The Court will sign the proposed order submitted by petitioner.
8. SPR094361, MATTER OF KAREN HAMLOW, EARL E. HAMLOW, JR. TRUST
This matter is continued to September 25, 2020 at 9:30 a.m. in Department 18 to allow Petitioner to comply with Prob. Code § 851(c)(1) and (3). Petitioner is referred to the new form DE-115 adopted for mandatory use as of January 1, 2020. This form also provides for an indication that the petition was served along with the notice of hearing. (DE-115, pg 2, no.5.) There is no proof of service of the petition filed with the court presently. In addition the petitioner should clarify the following apparent discrepancy in the property description. The Trust Schedule A and other documents refer to the Property as 958 McNear Street but the First Amendment refers to the property as 958 McNear Avenue. Upon notice being given as required by law, or waived, clarification that the documents in fact do refer to the same property, and absent any objection, the court would grant the request on its merits.
9. SPR094697, MATTER OF AMY JO MCMAHON TRUST
The petition is APPROVED. The court will sign the proposed order submitted by petitioners on July 30, 2020.