probate - San Bernardino Superior Court

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Superior Court of Calif, County of San Bernardino Page: 13 CIVPRO San Bernardino District - Probate PROBATE/CONSERVATORSHIP CALENDAR HONORABLE: CYNTHIA LUDVIGSEN ---------------------------------------------------------------------- DATE: 05/01/13 TIME: 9:00 DEPT: S16P ---------------------------------------------------------------------- CASE#: PRO PS0900522 CASE NAME: THE ESMERALDA SANDOVAL SPECIAL NEEDS TRUST HEARING: SECOND Account and Report of ERNESTINA SANDOVAL and Petition for allowance of fees filed. COUNSEL: ESMERALDA SANDOVAL (PET)...KATHRYN S KORN THE ESMERALDA SANDOVAL SPECIAL(TRU)... GENERAL INFORMATION Continued 2/20/13 and 3/27/13 to clear notes. On 3/27/13, the court orders that access to the debit/credit card stop immediately pending further order of the court. THIS CASE IS SET FOR HEARING ON Second Account Current and Report of Trustee and Petition for Allowance of Fees THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Accounting covers period: 9/23/11 – 9/15/12 2. Assets on hand: $48,548.70 (cash of $23,781.91, Nissan vehicle with a carry value of $24,026.76 and the balance in personal property) 3. Petitioner as trustee does not seek compensation during this accounting period. 4. Attorney requests fees of $2,765.00, together with reimbursement of costs of $760.95. Fees are billed at $350/hour for 7.9 hours. Itemized. JTD 5. Petitioner alleges the current bond of $83,752.00 is excessive and requests bond be reduced to $26,750.00 Appears adequate. JTD 6. There is no social security income or supplemental social security income as petitioner originally stated was the trust beneficiary’s source of income. The only income listed is “interest income” which is minimal. Question the status of social security benefits for beneficiary? File verified supplement.
7. It appears the Special Needs Trust had considerable expenses during this accounting period and spent down by over 35%. There appears to be excessive purchases of clothing and household expenses (i.e., on 2/21/12 a payment to Capital One for clothing and personal items of $460.30, and in 3/12 over $200/month in clothing expenses and in 4/12 over $600, etc). It appears from the disbursements there are consistent clothing and household items which appear excessive. Need to file verified supplement explaining the need for such clothing and household expenses. Supp (2/19/13): Petitioner alleges that during the period of the account, the beneficiary lost in excess of 50 pounds and is the point of moving out of his mother’s home to live independently. For this reason, petitioner alleges funds were spent on clothing and setting up for her own household. 8. As petitioner uses a Capital One credit card for purchases, need verified supplement clarifying whether there is an outstanding balance on such account. Also need copies of credit card statements for the accounting period Supp (2/19/13): Petitioner alleges that as of 9/15/12, there is a small balance of $124.51.. RECOMMENDATION Court’s discretion. If approved, set next accounting review for 5/7/14 (if one year) and (5/6/15) if two years. Accounting to be filed 30 days in advance. REASSIGN TO S8P (gls)
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probate - San Bernardino Superior Court

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