Status Hearing re: Final Distribution
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Estate of Mark Wayne Miller 25PR000059
STATUS HEARING RE: FINAL DISTRIBUTION
TENTATIVE RULING: A status report is on file. Based on the Court’s review of the status report, the Court determines that continuation of administration is in the best interests of the estate and/or of interested persons. Thus, the Court orders that administration of the estate continue. (Prob. Code, § 12201, subd. (c)(2).) The matter is CONTINUED to April 06, 2027, at 8:30 a.m. in Dept. B. The Status Hearing may be vacated if, prior thereto, the personal representative files a petition for an order for final distribution. The personal representative shall file a status report 10 days prior to the next hearing. The Clerk is directed to provide notice to the parties.
In The Matter of George J Manyik 26PR000065 and Antoinette J Manyik Family Trust
PETITION TO MODIFY TRUST RE: SUCCESSOR TRUSTEES
APPEARANCE REQUIRED. Petitioner does not, through the instant Petition, seek to resign, and does not seek an order naming Tammy L. Duda as Successor Trustee. Rather, Petitioner seeks to modify the Trust itself to provide for Tammy L. Duda as Successor Trustee, and further to permit Petitioner to resign upon 30 days’ notice in the future.
The Court is concerned, however, that the prayed for approach would, upon any such resignation, effect a violation of Probate Code section 15602, subdivision (a)(3). That statute provides that a trustee is required to give a bond when “an individual who is not named as a trustee in the trust instrument is appointed as a trustee by the court.” Section 15602, subdivision (b), states: “The court may not . . . excuse the requirement of a bond for the individual described in [(a)(3)], except under compelling circumstances. For the purposes of this section, a request by all adult beneficiaries of a trust that bond be waived for an individual described in [(a)(3)] is deemed to constitute a compelling circumstance.”
The Court would like counsel to appear to discuss the foregoing.
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