What is a petition for special needs trust?

Useful Rulings on Petition for Special Needs Trust

Recent Rulings on Petition for Special Needs Trust

TIANNI S JONES VS ORLANDO H PILE ET AL

· If funds are distributed to a special needs trust, the probate department must review the terms of the trust. “When the settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612, the terms of the proposed trust must be reviewed by the Probate Department. The terms of the trust must include the provisions required in California Rules of Court, rule 7.903, and Local Rule 4.116.” (L.A. County Super. Ct. R 4.115(c).)

  • Hearing

CONS. OF ROBERT SWEATT

Order Directing Establishment of A Pooled Special Needs Trust filed 12-20-2019. Need amended order with copy of the trust attached. CAROL SWEATT LARA HEISLER ROBERT SWEATT PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Need appearances to report status of mediation and 9-2-2020 order to meet and confer The Court is waiting for these items: 1. Report of Atty. Terence Murphy (MNCD) Notes: 1. Opposition filed by Elizabeth Hylander-Priebe 1-10-20. 2.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

AIDA SIFONTES ET AL VS MABEL PENA

The Court finds that sufficient evidence has been presented to establish a special needs trust on behalf of Claimant Gerardo pursuant to Prob C § 3604. Expenses for vacations and/or recreational activities are permissible. The Court finds it is reasonable that those special needs cited could not be met without the SNT, and that the amount is not more than reasonably necessary to meet Gerardo’s special needs.

  • Hearing

CNSVSHIP OF OWEN SINCLAIR

Hearing: Trustee Friend's First Account and Report of SNT ***** Notice not provided to Conservatee/Beneficiary Owen Sinclair. Can notice be waived? The period (12/01/2016 – 12/31/19) for this account follows the Interim Forensic account period. However, Ms. Friend was appointed temporary successor trustee of the SNT on 8/16/16. The period should have been 8/16/16 - 8/15/17 and then 8/16/17 – 8/16/19. Nevertheless, the Court approves the modified account period.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF CHRISTOPHER ARDEN SCOTT BURK

A court making the order or giving the judgment referred to in § 3600, upon petition by a conservator, may order that the funds be paid to a SNT established under § 3604 for the benefit of the person with a disability. (§ 3602(d).) In turn, § 3604 allows a court to establish a SNT for a person with a disability if a court makes an order under § 3602.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF CHRISTOPHER ARDEN SCOTT BURK

If the the above is resolved, the draft SNT needs to be revised to address the following deficiencies: - The proposed SNT does not discuss the check amounts of $18,943.20, $393.52, and $393.52 that were ordered deposited into Counsel James Studer's atty client trust account on 9/22/20 by the Court. (See Proposed SNT, § 3.1.) Why are these sums not added to the trust estate? - § 5.3 - redraft to state: "Resignation of Trustee.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF JAZZ HART

- Because the Court never approved the substituted judgment SNT, the Chase accounts #1293 and #2997 and all those transactions shall be part of this accounting. - Also include the income received into #3976. (ie, Kroger payroll). - Chase account #3976 is not titled correctly as a Conservatorship account. The bank statement has it listed as a joint account between Jazz R Hart or Kamila Brill. Why? Is this not a conservatorship account? Is Kroger Kamila's paycheck?

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

PTN OF RONALD WULFERDINGER

Note: Special Needs Trust was established pursuant to Order filed 10-3-12. Accounting was due 10-3-13. None has been filed. RHO-NEE WULFE OLIVER ALEXANDER GREENWOOD THE RONALD WULFERDINGER SPECIA PROBATE EXAMINER NOTES-SUBJECT TO REVISION AFTER REVIEW BY THE JUDGE Unable to review.

  • Hearing

  • Judge

    George

  • County

    Contra Costa County, CA

IN RE SAMANTHA MACHADO SPECIAL NEEDS TRUST

Hearing: Review Hearing: Transfer In (case initially filed in Solano County) ******************** This matter needs to be set for the First Account and Report of successor trustee. The initial one year account period is 12/06/19 – 12/05/2020. Set the due date for the First Account and Report of the successor trustee on 02/05/2021 and se...

  • Hearing

  • Type

    Probate

  • Sub Type

    Trust

IN THE MATTER OF CAROL JOYCE MCWILLIAMS

Petitioner is also directed to provide written proof that the heir Crystal McWilliams asks that her share be distributed to the Crystal McWilliams First Special Needs Trust Dtd 7/22/08 and to provide legal authority for making such a distribution. Proposed Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period.

  • Hearing

MATTER OF MARTIN COSCA SNT

Nature of Proceedings: 6th Accounting & Report Absent objection, the Sixth Accounting will be approved, however, bond must be filed, and should be set at $37,953.98....

  • Hearing

MATTER OF MARTIN COSCA SNT

Nature of Proceedings: 6th Accounting & Report...

  • Hearing

MATTER OF LAWRENCE LAZZO SNT

Nature of Proceedings: 5th Accounting & Report This matter was continued from 10/20/20 for notice to the Public Guardian and County Counsel. The court has received Notice of Hearing and Proof of Service. Absent objection, the Fifth Accounting will be approved....

  • Hearing

MATTER OF LAWRENCE LAZZO SNT

Nature of Proceedings: 5th Accounting & Report This matter was continued from 10/20/20 for notice to the Public Guardian and County Counsel, none has yet been filed. Appearance required....

  • Hearing

CONSERVATORSHIP OF NELLY GACKOWSKA

Petition for Substituted Judgment as to Special Needs Trust, the court finds the General Delivery and Email service to be adequate under these very special circumstances. Absent objection, the Petition will be granted. Is it still contemplated that the Conservatorship will be terminated once the Special Needs Trust is established? 2. As to the Report of the Court Investigator, the court notes the memo provided by the Court Investigator. Order(s) are needed.

  • Hearing

SAMUEL NATHAN BERGER VS LOS ANGELES UNIFIED SCHOOL DISTRICT

The Probate Department has determined the proposed special needs trust comports with applicable statutory law. Thus, the petition is approved. CONCLUSION The petition is APPROVED. Petitioner is ordered to give notice of this ruling. Petitioner is ordered to file the proof of service of this ruling with the Court within five days. The parties are directed to the header of this tentative ruling for further instructions.

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

IN THE MATTER OF CHRISTOPHER JON MILES JR

The Court has reviewed Co-Trustee's First Account and Report of the SNT and notes the following deficiencies. The I&A and beginning balance on hand do not match. The I&A filed 12/11/19 relates to the value of the SNT, although it is using the 9/9/2014 date, which is the date that the conservatorship of estate was ordered. The value of the estate is reported as $52,522.94.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF VIRGINIA IRENE WILLIAMSON

Hearing: 1) Conservatorship Second Account & Report AND SNT Second Account & Report 2) Conservator/Trustee Fees 3) Attorney Fees ***** Approve accounts. Conservatorship (8/01/18-7/31/20) Approve conservatorship funds to be transferred to SNT and waive future conservatorship accounts per PC2628.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF BRIAN P. KOSTER

Expenses for SNT assets should be paid by SNT. Approve $300/month allowance to conservatee. Proposed Order to be lodged prior to hearing per Local Rule 10.00.D.1. __________________ The court discourages in-person appearances in Department J6 during the COVID-19 pandemic period. Appearances in Department J6 should be made by CourtCall (audio or video) whenever possible. A very limited number of people will be allowed in Department J6 at one time to comply with safety protocols.

  • Hearing

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF THE ABRAHAM DEJESUS SPECIAL NEEDS TRUST

Petition for Approval of Sixth and Final Account of Former Trustee for the Period of July 1, 2017 to January 31, 2020; Approval of Trustee’s Fees; Approval of Trust Advisory Fees; Approval of Attorney Fees; Petition to Transfer to the San Diego County Superior Court PREGRANT ORDER The courtroom will be open on November 17, 2020. However, becaus...

  • Hearing

IN THE MATTER OF THE MICHAEL NGUYEN SPECIAL NEEDS TRUST

Petition for Approval of Fourth Account Current of Trustee for the Period of August 1, 2017 to July 31, 2019; Approval of Trustee’s Fees; Approval of Trust Advisory Fees; Approval of Attorney’s Fees; Petition for an Order Removing Certain Members of the Trust Advisory Committee PREGRANT ORDER The courtroom will be open on November 17, 2020. How...

  • Hearing

JOSEFINA ROBLES VS ST FRANCIS MEDICAL CENTER ET AL

Petitioner attaches all required documents including the required medical records and prior approval of the special needs trust on September 22, 2020. Ruling The petition to approve the minor’s compromise (person with a disability) is granted. Next dates: Notice:

  • Hearing

  • Judge

    Maurice A. Leiter or Salvatore Sirna

  • County

    Los Angeles County, CA

IN THE MATTER OF THE NICHOLAS T. BROWN JR. SPECIAL NEEDS

First and Current Account and Report of Trustee; Petition to Settle Account; Petition for Approval of Interim Trustee Fees; Petition for Continued Payment of Interim Trustee Fees; Petition to Ratify Expenditure of Certain Assets of the Trust Estate; Petition for Authority to Expend Trust Assets for Educational Tutoring Services for Beneficiary; Pet...

  • Hearing

IN RE THE MATTER OF ZACHARY WOOD SPECIAL NEEDS TRUST

Account and Report PREGRANT ORDER Department 4’s courtroom is open to the public. However, because of emergency orders and public health directives related to the COVID-19 pandemic, appearances need not be in person, but they may be. If the court has an e-mail address on file for a petitioner, attorney or interested person, that person will rec...

  • Hearing

ALISON MADRID, ET AL. VS KAISER FOUNDATION HOSPITALS, ET AL.

Kaiser Foundation Hospitals, et al Court Order Re: Continuance of the 11/13/2020 Hearing on Petitioner/Guardian Ad Litem, Jennifer Navarro's Petition to Approve Compromise of Pending Action - With Special Needs Trust -as to Minor Claimant: Alison Madrid (Age 2); Having reviewed and considered the contents of the Petition, and to allow the Probate Department to review and make their recommendation as to the Special Needs Trust, the Court orders earing on Petition to Confirm Minor's Compromise with Special Needs

  • Hearing

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

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