What is a petition for approval of settlement trust?

Applicable Procedure to Approve a Probate Settlement Agreement

Some Probate related issues may rely on the Code of Civil Procedure for a vehicle to bring a matter before the court. Probate Code section 1000 states that “[e]xcept to the extent that this code provides applicable rules, the rules of practice applicable to civil actions,…apply to, and constitute the rules of practice in, proceedings under this code.”

Probate Code section 17200 is the applicable statute governing a request for Court approval of settlement terms involving a trust. Upon approval of the terms, the Court would then consequently accept the request to retain jurisdiction under Code of Civil Procedure 664.6. As such, a Court will treat a to Motion to Approve A Probate Settlement Agreement as a Petition under Probate Code section 17200.

A motion under Code of Civil Procedure section 664.6 is normally the method used to resolve disputes arising over settlement agreements. Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial (The Rutter Group 2019) ¶ 12:951. The Court may adjudicate terms of the settlement, under such a motion. Id. at 12:955.8.

Role of the Court in Approval

Pursuant to Probate Code section 17200, upon Petition by the trustee or beneficiary of a trust, the court may pass on the internal affairs of the trust. Probate Code section 17200 provides a non-exclusive list of items the Court may address. This list includes the ability for the Court to pass on the acts of the Trustees, including the exercise of discretionary powers, such as entering a settlement agreement. Probate Code, § 17200(b)(5). It also allows the Court to instruct the Trustee. Probate Code, §17200(b)(6).

Multiple Trustees

Probate Code section 15620. That section states “[u]nless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action.”

While trustees must act unanimously when taking actions on behalf of the trust, they each owe an individual fiduciary duty to act in accordance with the duties set forth in Probate Code section 15000, et seq. (Prob. Code, § 16000.) “Tort liability arises where a fiduciary owes a duty to another, breaches the duty, and that breach proximately causes damage.” Gaab v. Reese, Cal. Practice Guide: Civ. Proc. Before Trial Claims and Defenses (The Rutter Group 2018) ¶ 3:500; see also Meister v. Mensinger (2014) 230 Cal.App.4th 381, 395.

“Where a breach of fiduciary duties results in liability to more than one co-trustee, the liability is joint and several.” Cagnolatti v. Guinn (1983) 140 Cal.App.3d 42, 49. Thus, Co-Trustees may be joint tortfeasors. Id.

Objecting Parties

Objecting parties forfeit their right to object to the approval of the settlement by failing to appear and file responses/objections to the initial trustee’s petition and by failing to participate in the mediation. Smith v. Szeyller (2019) 31 Cal.App.5th 450.

Useful Rulings on Petition for Approval of Settlement Trust

Rulings on Petition for Approval of Settlement Trust

PEEK V MARTINEZ

Petitioner’s counsel is ordered to open a new case for ongoing court supervision of th Irrevocable Settlement Trust.

  • Hearing

PEEK V MARTINEZ

With respect to the Petition to Establish Irrevocable Settlement Trust attached as Attachment 19 b(11) to the Petition to approve the compromise, the Petition to Establish Irrevocable Settlement Trust meets the requirements of Prob.C. § 3611(i) and Cal Rules of Court Rule 7.903, therefore the petition is granted. Petitioner’s counsel is ordered to open a new case for ongoing court supervision of the Irrevocable Settlement Trust.

  • Hearing

PEEK V MARTINEZ

With respect to the Petition to Establish Irrevocable Settlement Trust attached as Attachment 19 b(11) to the Petition to approve the compromise, the Petition to Establish Irrevocable Settlement Trust meets the requirements of Prob.C. § 3611(i) and Cal Rules of Court Rule 7.903, therefore the petition is granted. Petitioner’s counsel is ordered to open a new case for ongoing court supervision of the Irrevocable Settlement Trust.

  • Hearing

IN THE MATTER OF ROMAN GONZALEZ

Feder in the settlement trust file (2009-00335635), Roman's attorney indicates that the settlement trust needs amendment on "operational issues" before the funds should be transferred. The hearing on the inventory/appraisal will therefore need to be continued to the hearing date Mr. Feder selects for the petition to amend the trust. Discuss. gmr

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ROMAN GONZALEZ

Feder in the settlement trust file (2009-00335635), Roman's attorney indicates that the settlement trust needs amendment on "operational issues" before the funds should be transferred. The hearing on the inventory/appraisal will therefore need to be continued to the hearing date Mr. Feder selects for the petition to amend the trust. Discuss. gmr

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ROMAN GONZALEZ

Feder in the settlement trust file (2009-00335635), Roman's attorney indicates that the settlement trust needs amendment on "operational issues" before the funds should be transferred. The hearing on the inventory/appraisal will therefore need to be continued to the hearing date Mr. Feder selects for the petition to amend the trust. Discuss. gmr

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ROMAN GONZALEZ

Feder in the settlement trust file (2009-00335635), Roman's attorney indicates that the settlement trust needs amendment on "operational issues" before the funds should be transferred. The hearing on the inventory/appraisal will therefore need to be continued to the hearing date Mr. Feder selects for the petition to amend the trust. Discuss. gmr

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF THE ROMAN GONZALEZ SETTLEMENT TRUST

On March 29, 2012, in a formal order, this court directed the co-trustees to execute the Second Amendment to the Declaration of Trust Roman Gonzalez Settlement Trust. Was it ever executed as ordered ? The pending accounting petition attaches only the initial 2004 settlement trust and treats the court-imposed amendment as though it never existed. Subject to the discussion herein, approve the fifth account and report. Approve $3062 in attorney fees to Ms.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF THE ROMAN GONZALEZ SETTLEMENT TRUST

On March 29, 2012, in a formal order, this court directed the co-trustees to execute the Second Amendment to the Declaration of Trust Roman Gonzalez Settlement Trust. Was it ever executed as ordered ? The pending accounting petition attaches only the initial 2004 settlement trust and treats the court-imposed amendment as though it never existed. Subject to the discussion herein, approve the fifth account and report. Approve $3062 in attorney fees to Ms.

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF THE ROMAN GONZALEZ SETTLEMENT TRUST

Upon full transfer of trust assets from the 2004 Roman Gonzalez Settlement Trust to the 2016 Roman Gonzalez Trust, the co-trustees of the settlement trust shall be discharged. gmr

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF JAMES GONZALEZ SETTLEMENT TRUST

Grant petition for substituted judgment, approving the second amendment to and restatement of the James Gonzalez Settlement Trust. Bond is set at $84,500. Approve interim attorney fees to Ms. Weiss' office of $2500 through 3/29/12. The previously ordered hearing date of 11/4/13 on the fourth account remains as set. gmr

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF THE ROMAN GONZALEZ SETTLEMENT TRUST

Grant petition for substituted judgment, approving the second amendment to and restatement of the Roman Gonzalez Settlement Trust. Bond is set at $132,000. Approve interim attorney fees to Ms. Weiss' office of $3300 through 3/29/12. The previously ordered hearing date of 11/4/13 on the fourth account remains as set. gmr

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF THE ROMAN GONZALEZ SETTLEMENT TRUST

Grant petition for substituted judgment, approving the second amendment to and restatement of the Roman Gonzalez Settlement Trust. Bond is set at $132,000. Approve interim attorney fees to Ms. Weiss' office of $3300 through 3/29/12. The previously ordered hearing date of 11/4/13 on the fourth account remains as set. gmr

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF THE AKELA NANG XZYASOUTHONE SETTLEMENT

Petition for Authorization for Trustee to Expend Trust Assets for Modification of Bathroom and for Approval of Attorney’s Fees (GC 70657.5(a)(1), 70652(d), Probate Code section 17200(b)(5) PREGRANT ORDER The petition is granted as prayed, except as to the payment from the Trustee of the Akela Xayasounthone Settlement Trust to be made directly to Benicia Home Improvement Center up to the amount of $50,000.00 for modification of Akela’s bathroom.

  • Hearing

IN THE MATTER OF OEI MAE SATO

Settlement Trust. Should the court be making any orders re fees in this matter? Should conservator request her fees directly from the trust? Discuss.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

ANGEL BARRETO VS TRANSAMERICA PREMIER LIFE INSURANCE COMPANY

Barreto Settlement Trust established by Los Angeles County Superior Court order entered November 2, 2017 in Probate Case No. ______).

  • Hearing

  • Type

    Contract

  • Sub Type

    Breach

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

IN THE MATTER OF OEI MAE SATO

Settlement Trust. Should the court be making any orders re fees in this matter? Should conservator request her fees directly from the trust? Discuss.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF ROMAN GONZALEZ

Causal Document & Date Filed : On October 11, 2016, this court granted substituted judgment, authorizing the creation of the Roman Gonzalez Trust, from which the assets of the prior Roman Gonzalez Settlement Trust would pour. Carol Ann McMillan and professional fiduciary Jeffrey Loebl were appointed co-trustees. Bond was posted in the sum of $2,000,000.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ROMAN GONZALEZ

Causal Document & Date Filed : On October 11, 2016, this court granted substituted judgment, authorizing the creation of the Roman Gonzalez Trust, from which the assets of the prior Roman Gonzalez Settlement Trust would pour. Carol Ann McMillan and professional fiduciary Jeffrey Loebl were appointed co-trustees. Bond was posted in the sum of $2,000,000.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ROMAN GONZALEZ

Causal Document & Date Filed : On October 11, 2016, this court granted substituted judgment, authorizing the creation of the Roman Gonzalez Trust, from which the assets of the prior Roman Gonzalez Settlement Trust would pour. Carol Ann McMillan and professional fiduciary Jeffrey Loebl were appointed co-trustees. Bond was posted in the sum of $2,000,000.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ROMAN GONZALEZ

Causal Document & Date Filed : On October 11, 2016, this court granted substituted judgment, authorizing the creation of the Roman Gonzalez Trust, from which the assets of the prior Roman Gonzalez Settlement Trust would pour. Carol Ann McMillan and professional fiduciary Jeffrey Loebl were appointed co-trustees. Bond was posted in the sum of $2,000,000.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

  • County

    Ventura County, CA

IN THE MATTER OF ANDREW BENJAMIN BRENT

http://www.ssa.gov/pubs/EN-05-10026.pdf Should the conservatee's litigation settlement trust be converted to a special needs trust, and if not, why not ? How was the van acquired ? Who receives the $500/mo. paid in "entertainment" and please explain how it is put to use using dollar amounts. Please elaborate as to why the conservatee has $1000/month cleaning expense. What are the family's monthly cleaning expenses beyond the monies paid by the trust ?

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

BOHM WILDISH, LLP V. TERESA ROEBUCK

Defendant’s/Cross-Complainant’s (Teresa Roebuck in her capacity as trustee of the Shell Beach Settlement Trust (hereafter “Defendant)) Motion for New Trial (Motion), filed on 12-4-19 and noticed on 11-25-19, is CONDITIONALLY GRANTED unless Plaintiff (Bohm Wildish, LLP) “. . . consents to the reduction . . .” of the jury’s award of damages to $100,000. (Code Civ. Proc., § 662.5, subdivision (a)(2).)

  • Hearing

IN THE MATTER OF ANDREW BENJAMIN BRENT

http://www.ssa.gov/pubs/EN-05-10026.pdf Should the conservatee's litigation settlement trust be converted to a special needs trust, and if not, why not ? How was the van acquired ? Who receives the $500/mo. paid in "entertainment" and please explain how it is put to use using dollar amounts. Please elaborate as to why the conservatee has $1000/month cleaning expense. What are the family's monthly cleaning expenses beyond the monies paid by the trust ?

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

SOPHIA FREESMEIER ET AL VS MAGNA INTERNATIONAL INC ET AL

SUBJECT TO PROBATE COURT REVIEW of the settlement trust (the proposed trust is not a special needs trust), the court finds that the Petitioner proposes to deposit settlement funds into a minor’s settlement trust as described in the Petition, the terms of which are required to be reviewed by the Probate Department of the L.A. Superior Court. In compliance with L.A. County Super. Ct.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

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