IN RE THE MERRILL FAMILY TRUST DATED FEBRUARY 23, 2011
Petition to Determine Existence of Trust and for Order Transferring Assets to Trust
Motion type
Parties
Ruling
2026PRTR065826: IN RE THE MERRILL FAMILY TRUST DATED FEBRUARY 23, 2011 08/05/2026 in Department J6 Hearing on Petition to Determine Existence of Trust and for Order Transferring Assets to Trust
If there are any encumbrances on the real property at issue, such encumbrancers are entitled to notice. Notice to such persons must be given in the manner provided in Chapter 4 (commencing with Section 413.10) in Title 5 of Part 2 of the Code of Civil Procedure. (Prob. Code, § 851, subd. (a)(2).) This does not mean that a summons should be served but rather that the manner of service must be the same as for a summons (e.g., personal service, leaving and mailing copies, or by mail with notice and acknowledgement of receipt).
The Grant Deed provided with the petition as Exh. F shows a 50% interest given to an Anthony Merrill, not James Merrill. Discuss. Petitioner is directed to serve and file a verified supplement that provides a deed showing James Merrills 50% interest.
The Court will continue the matter for any required notice and the verified supplement to be served and filed.
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