IN RE THE SEPARATE PROPERTY SURVIVOR’S TRUST OF THE PRITIKIN FAMILY TRUST

2026PRTR065994: IN RE THE SEPARATE PROPERTY SURVIVOR'S TRUST OF THE PRITIKIN FAMILY TRUST 08/13/2026 in Department J6 Hearing on Petition by Trustee to Establish Trust's Claim of Ownership, for Orde Confirming or Directing Transfer to Trust

Notice to Ameriprise 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).

A basic principle of trust law is that one cannot declare a trust over property not yet acquired. (See Restatement (Third) of Trusts, § 41 ["An expectation or hope of receiving property in the future, or an interest that has not come into existence or has ceased to exist, cannot be held in trust."].) To include property acquired after the date of execution of a trust, a periodic trust amendment is needed "to capture any later acquired items not titled in the name of the trust." (Kucker v. Kucker (2011) 192 Cal.App.4th 90, 95.) A new general assignment of the assets would also suffice.

Petitioner is directed to serve and file a verified supplement providing evidence that the settlor owned the Ameriprise account at issue as of 11/14/24. Discuss.

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