probate - San Bernardino Superior Court

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Superior Court of Calif, County of San Bernardino Page: 11 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: RAYMOND L HAIGHT ---------------------------------------------------------------------- DATE: 05/01/13 TIME: 10:30 DEPT: S15P ---------------------------------------------------------------------- CASE#: CON PS0800307 CASE NAME: GUADALUPE MACIAS SEE ALSO 10 HEARING: Petition for APPOINTMENT OF PROBATE CONSERVATOR OF THE ESTATE COUNSEL: J. ISMAEL MACIAS (PCR)...JOSEPH P FOLEY ALICIA MACIAS (PCR)...JOSEPH P FOLEY ALISSA MAYELA MARTINEZ (PCR)...JOSEPH P FOLEY GUADALUPE MACIAS (CEP)...NOREEN FONTAINE NOREEN T FONTAINE (PET)...NOREEN T FONTAINE GENERAL INFORMATION Petitioners were appointed Limited Conservators of the person only on 5/12/09. Continued from 1/3/12 at request of counsel. Continued from 2/6/12 and 4/2/12 for Attorney Fontaine to prepare citation to Bank of the West re Why no accounting has been filed, What fees have they been collecting, How payments are made and to whom, and Why this is a SNT. Continued from 05/02/12. New petition to be filed by Attorney Foley’s clients. Continued from 07/18/12, 09/05/12, 11/14/12 and 1/24/13 at request of counsel. Attorney Foley to file paperwork to allow Bank of the West to resign as trustee and allow conservator to act as successor trustee. Continued from 03/20/13. Bank of West to file resignation and waiver of accounting. THIS CASE IS SET FOR HEARING ON (Amended) Petition for Appointment of Limited Conservator, to add estate by parents (Ismael Macias and Alicia Macias) and sister (Alissa Martinez) THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioners request bond be waived as the estate funds will be subject to the terms of the Special Needs Trust. JTD 2. Petitioner alleges the conservatorship estate will comprise of funds to be held in the Special Needs Trust. 3. Supp. (12/21/11): Petitioner requests powers to fix residence, access confidential records, consent or withhold consent to the marriage, to control
conservatee’s right to contract, to give or withhold medical consent, right to control conservatee’s social and sexual contacts, and to make decisions concerning education. 4. Court Investigator and IRC reports filed. 5. Report of counsel filed. 6. Proof of completion of Conservatorship Training Class filed. 7. Trustee’s Statement regarding the Guadalupe Macias Special Needs Trust filed 05/24/12 indicates as follows: a. Bank of the West, as Trustee, maintains that venue is properly located in Los Angeles County as Bank of the West is the Successor in Interest to Sanwa Bank, which is named as the original Trustee of the Trust as the usual place of business is in Los Angeles County. Trustee indicates that neither the Order Approving Compromise of Minor’s Claim entered on 01/05/94 in Los Angeles County, establishing the Trust (LF, page 8), nor the Trust (LF, page 37) required that the Trustee file accountings with the Court. b. Trustee requests that if the Court requires the filing of accountings with the Court, that such accountings be filed as a separate and independent proceeding from the subject Conservatorship proceeding. c. Assets on Hand, as of 04/19/12, are $66,565.56, and the home in which the conservatee resides in. The trust receives an annual income in the range of $7,500 to $12,500 (LF, page 24). Trust waives bond (LF, page 40). d. Trustee alleges that an agreement has been made with Beneficiary’s parents as follows: 1. That the Court accept the resignation of Bank of the West, as Trustee; 2. Appoint parents as Co-Trustees and have all monies placed in a blocked account to avoid a bond expense; 3. That the Court authorize an amount to be determined to be paid each month to the Beneficiary’s parents as an allowance and/or caregivers; 4. That the parents not be required to file accountings with the Court as all monies will be placed in a blocked account. e. Parties approve the accountings previously submitted by the Trustee; and Bank of the West will not be required to file accountings with the Court; f. As Beneficiary’s parents reside in San Bernardino County, the proper venue for the administration of the Trust will be in San Bernardino County. g. Resignation filed on 03/22/13. 8. Resignation to act as trustee by Bank of the West is filed.
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probate - San Bernardino Superior Court

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