probate - San Bernardino Superior Court

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Superior Court of Calif, County of San Bernardino Page: 10 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: RAYMOND L HAIGHT CONSERVATORSHIPS ---------------------------------------------------------------------- DATE: 05/01/13 TIME: 10:30 DEPT: S15P ---------------------------------------------------------------------- CASE#: CON PS0800307 CASE NAME: GUADALUPE MACIAS SEE ALSO 11 HEARING: Petition for WILLING RESIGNATION OF TRUSTEE OF S.N. TRUST; & APPOINTMENT OF SUCCESSOR TRUSTEE OF S.N TRUST COUNSEL: J. ISMAEL MACIAS (PCR)...JOSEPH P FOLEY ALICIA MACIAS (PCR)...JOSEPH P FOLEY ALISSA MAYELA MARTINEZ (PCR)...JOSEPH P FOLEY GUADALUPE MACIAS (PCE)...NOREEN FONTAINE NOREEN T FONTAINE (PET)...NOREEN T FONTAINE GENERAL INFORMATION Order approved upon receipt of resignation from Bank of West. Monies to be placed into blocked account and pre-authorized monthly withdraw of $300 on the 1 st of each month. THIS CASE IS SET FOR HEARING ON Petition for Willing Resignation of Trustee of Special Needs Trust and Appointment of Successor Trustee THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioners, J. Ismael Macia, Alicia Macias and Alissa Mayela Martinez, are the parents and sister of Guadalupe Macia. A minor’s compromise was issued by the Los Angeles Superior Court on or about 1/5/94 (Case No. 046972), and $225,000 was to be paid to a special needs trust for the exclusive benefit of Guadalupe Macias. Bank of the West is the successor in interest to Sanwa Bank, the originally name trustee of the trust. The settlement payments of $1,300/month have been made to Guadalupe for her benefit. In 2009, a Limited Conservatorship of the person was granted. The court at that time required more information on the trust administration. In April, 2012, the trustee filed a trustee’s statement with this court showing the value of the assets in the trust had decreased over the years to $66,565.56.
2. The parties agree that given the reduced amount of the trust estate, a change in trustee is appropriate. Petitioners proposed that the current conservators, J. Ismael Macia, Alicia Macias and Alissa Mayella Martinez, be appointed trustees of the special needs trust. Question if the current trustee, Bank of the West, is willing to decline as the current acting trustee? If so, need to file written resignation. 3. That the proceeds of the trust be placed into blocked accounts so as to further minimize expenses and eliminate the need for bond 4. Petitioners request the court waive future accountings. As this is a courtsupervised trust, annual and biennial accountings are required per CRC 7.903(c)(6). 5. Petitioners would request that the court order periodic payments from the blocked account in an amount not more than $1,300/month but in an amount to be determined at the time of the hearing on this petition. 6. Resignation filed on 03/22/13. RECOMMENDATION Need to clear notes. If approved, court to set OSC re proof of blocked account for 30 days. Set hearing on accounting review for successor trustees (if required) for 05/28/14. Set hearing on accounting review for Bank of the West’s final account for 60 days. Accounting to be filed 30 days in advance. (gls/cbr) Future Hearings: 5/28/14 Accounting Review.
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probate - San Bernardino Superior Court

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