What is a petition for special needs trust?

Useful Rulings on Petition for Special Needs Trust

Recent Rulings on Petition for Special Needs Trust

IN THE MATTER OF: TRANSAMERICA PREMIER LIFE INSURANCE COMPANY

The Trust does not appear to be a special needs trust, as referred to in the June 16, 2000 court order. The court requests an explanation regarding why a special needs trust was not entered into, given the June 16, 2000 Order’s statements that “E.R. is a minor that has a disability that substantially impairs his ability to provide for his own care or custody and constitutes a substantial handicap, that E.R. is likely to have special needs that will not be met without a trust . . .

  • Hearing

    Jul 17, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

PETITION OF: TAMIKA ALEXANDER

Special Needs Trust was established pursuant to Order filed 10-3-12. Accounting was due 10-3-13. None has been filed. B. Court may appoint counsel for beneficiary Ronald Wulfderdinger. RHO-NEE WULFE OLIVER ALEXANDER GREENWOOD THE RONALD WULFERDINGER SPECIA

  • Hearing

    Jul 15, 2020

  • Judge

    George

  • County

    Contra Costa County, CA

IN THE MATTER PABLO TOLEDO

Did Conservator receive R&B from the SNT from 9/19-1/20, which would not be shown on this account? Van Wingerden trustee to respond/verify. [the above calculations are based on conservator receiving funds from the SNT from 9/19-1/20] *If Conservatee was not paid for 9/19-1/20 then she is entitled to additional funds therefore the amount Conservator owes to the estate will be reduced by said amount. The total amount of unauthorized withdrawals by Conservator is $8,500.00 from #7337.

  • Hearing

    Jul 14, 2020

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF SOLOMON CAUSEY

Assuming the explanations of the above comments are satisfactory, the Court intends to grant the Second Account and Report of the Trustee of the Special Needs Trust. Bond amount is currently $1,572,000.00. The ending balance of the SNT is $1,190,104.56. The Court intents to grant the request that bond be decreased by $583,116.00, to be excluded annuity in the amount of $257,054.98. The total amount of bond shall be $988,884.00.

  • Hearing

    Jul 14, 2020

  • Type

    Family Law

  • Sub Type

    Conservatorship

IN THE MATTER OF THE SPECIAL NEEDS TRUST OF MARTHA YOUNG

Third and Final Account and Report of Trustee for the SNT; Petition for its Settlement, Close of Trust; And Approval of Fees for Trustee and Trustee’s Attorney Objection of Mack Cudgo Jr. and Lakeith Young to Third and Final Account and Report of Trustee for the SNT; Petition for its Settlement, Close of Trust; And Approval of Fees for Trustee and Trustee’s Attorney Amended Third and Final Account and Report of Trustee for the SNT; Petition for its Settlement, Close of Trust; And Approval of Fees for Trustee

  • Hearing

    Jul 14, 2020

CASTRO V. CALIFORNIA GLASS OF VALLEJO

The FREEMANS’ Demurrer to Second Amended Complaint TENTATIVE RULING Defendants MATTHEW FREEMAN, REBECCA FREEMAN, and THE LAW OFFICES OF FREEMAN & FREEMAN (collectively the “FREEMANS”) demur to Plaintiffs MARK CUDGO, JR. and LAKEITH YOUNG’s second amended complaint (“SAC”). Legal Standard. The function of a demurrer is to test the sufficiency of t...

  • Hearing

    Jul 14, 2020

EM VS VISTA DEL MAR CHILD AND FAMILY SERVICES ET AL

PLAINTIFF’S PETITION TO APPROVE MINOR’S COMPROMISE WITH SPECIAL NEEDS TRUST TENTATIVE: Plaintiff’s Petition to Approve Minor’s Compromise is CONTINUED for 60 days. Plaintiff is ordered to file within the next 30 days a Second Supplement which addresses the issues in the below probate notes.

  • Hearing

    Jul 13, 2020

  • Type

    Employment

  • Sub Type

    Discrimination/Harass

KEVIN MAY ET AL VS AXMINSTER MEDICAL GROUP INC ET AL

The hearing on the petition to confirm minor’s compromise with special needs trust is continued to August 12, 2020, at 10:30 a.m. to allow petitioner to cure the following defects: Petitioner has not yet been appointed as Guardian ad litem for Baby May and has no standing to proceed. The Court must rule on the Guardian ad litem application before the Petitioner can proceed.

  • Hearing

    Jul 10, 2020

MATTER OF MARK BURGESS SNT

Nature of Proceedings: 1st Accounting & Report...

  • Hearing

    Jul 09, 2020

MATTER OF MARK BURGESS SNT

Nature of Proceedings: 1st Accounting & Report Absent objection, the First Accounting and Report will be approved. An Order is needed....

  • Hearing

    Jul 09, 2020

JENNA MICHELLE PREWITT LITIGATION TRUST

Why is the special needs trust paying for vacation expenses for the beneficiary's parents? Was a new van purchased during this account period? (See Exh. C, page 1, dates 7/3/18 and 7/16/18.) Where in the accounting is this shown? ____________ 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.

  • Hearing

    Jul 08, 2020

  • Type

    Probate

  • Sub Type

    Trust

IN RE THE MATTER OF THE JORDYN ZUPAN SPECIAL NEEDS TRUST

Review Hearing: Re: Confirmation of Transfer to Contra Costa County ********************* On 02/05/2020 the court approved transfer of this matter to Contra Costa County. The Court received receipt of the Transfer of records from Contra Costa County on 03/09/2020. No appearance required. Future dates vacated; matter to go off calendar. ...

  • Hearing

    Jul 08, 2020

  • Type

    Probate

  • Sub Type

    Trust

SAMUEL NATHAN BERGER VS LOS ANGELES UNIFIED SCHOOL DISTRICT

Additionally, the terms of the proposed special needs trust are not acceptable for nine reasons. First, the proposed special needs trust reads as through it is a third party trust created with third party’s funds. However, this is not a third party trust. It is a first party trust because it is funded with Claimant’s personal injury settlement and not with Petitioner’s own funds. A new trust should be prepared without reference to the Petitioner as the settlor.

  • Hearing

    Jul 08, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

IN THE MATTER OF THE LESLIE DE LA CRUZ SPECIAL NEEDS TRUST

Petition for Approval of Fifth Account Current and Report of Trustee; for Authorization to Pay Trustee’s Attorneys’ Fees [Probate Code Sections 16062, 16063, and 16064] PREGRANT ORDER This case will remain on calendar on July 7, 2020. However, because of emergency orders and public health directives due to the COVID-19 pandemic, neither counsel n...

  • Hearing

    Jul 07, 2020

IN THE MATTER OF THE MARTHA YOUNG SPECIAL NEEDS TRUST

Third and Final Account and Report of Trustee for the SNT; Petition for its Settlement, Close of Trust; And Approval of Fees for Trustee and Trustee’s Attorney Objection of Mack Cudgo Jr. and Lakeith Young to Third and Final Account and Report of Trustee for the SNT; Petition for its Settlement, Close of Trust; And Approval of Fees for Trustee and Trustee’s Attorney Amended Third and Final Account and Report of Trustee for the SNT; Petition for its Settlement, Close of Trust; And Approval of Fees for Trustee

  • Hearing

    Jul 07, 2020

IN RE THE MATTER OF SAMANTHA MACHADO SPECIAL NEEDS TRUST

Account and Report PREGRANT ORDER The courtroom will be open on July 6, 2020. However, because of emergency orders and public health directives due to the COVID-19 pandemic, neither counsel nor petitioner need appear in person. Counsel for petitioner will receive an invitation to attend court remotely via Zoom. Counsel may forward that invitati...

  • Hearing

    Jul 06, 2020

IN RE THE MATTER OF RAEMOND RASCHAND BROWN SPECIAL NEEDS TRUST

The petitioner should clarify how Solano County will continue to be the proper venue since the Special Needs Trust will be administered in Los Angeles County. 3. The trust requires accountings upon the change of trustee. The petitioner has not filed an accounting for the period leading up to this petition. The court file shows that the last accounting was for the period ending September 30, 2018. (Probate Code § 16062.)

  • Hearing

    Jul 06, 2020

IN RE THE MATTER OF KARN PAUL NANDA SPECIAL NEEDS TRUST

Account and Report PREGRANT ORDER The courtroom will be open on July 6, 2020. However, because of emergency orders and public health directives due to the COVID-19 pandemic, neither counsel nor petitioner need appear in person, but they may. Counsel for petitioner will receive an invitation to attend court remotely via Zoom, and is encouraged t...

  • Hearing

    Jul 06, 2020

IN RE THE MATTER OF THE JOHNNY AGUILAR SPECIAL NEEDS TRUST

Account and Report PREGRANT ORDER The courtroom will be open on July 6, 2020. However, because of emergency orders and public health directives due to the COVID-19 pandemic, neither counsel nor petitioner need appear in person. Counsel for petitioner will receive an invitation to attend court remotely via Zoom. Counsel may forward that invitati...

  • Hearing

    Jul 06, 2020

CONSERVATORSHIP OF WILMA WALKER

Placing this amount in an SNT does not alter this requirement, until the SNT is established and the estate distributes the funds to the SNT (which will also need to be accounted for).

  • Hearing

    Jun 30, 2020

CONSERVATORSHIP OF WILMA WALKER

Placing this amount in an SNT does not alter this requirement, until the SNT is established and the estate distributes the funds to the SNT (which will also need to be accounted for). Because correction of the above defects requires amendment, it is recommended the Court continue the hearing to July 28, 2020.

  • Hearing

    Jun 30, 2020

CONSERVATORSHIP OF WILMA WALKER

Placing this amount in an SNT does not alter this requirement, until the SNT is established and the estate distributes the funds to the SNT (which will also need to be accounted for).

  • Hearing

    Jun 30, 2020

VICTOR MEJIA ET AL VS LYNWOOD UNIFIED SCHOOL DISTRICT ET AL

., subject to withdrawal only upon the authorization of the court, and $23,836.02 will be paid to the trustee of a Special Needs Trust (“SNT”). Court approval is required for all settlements of claims by a minor. (Probate Code §§ 3500, 3600, et seq.; Code of Civ. Proc. § 372.) SNT When a settlement proposes the establishment of a special needs or other trust as provided in Probate Code sections 3600 to 3612 (“SNT”), the terms of the proposed trust must be reviewed by the Probate Department. (L.A.

  • Hearing

    Jun 30, 2020

RANDY WOOD ET AL VS KAISER FOUNDATION HEALTH PLAN INC ET AL

COMPROMISE OF PENDING ACTION & ESTABLISHMENT OF SPECIAL NEEDS TRUST [CCP §372 CRC 3.1384] Date: 6/26/20 (8:30 AM) Case: Randy Wood, et al. v. Kaiser Foundation Health Plan, et al. (BC578186) TENTATIVE RULING: Petitioner Randy Wood, as Guardian ad Litem, for plaintiff Alexander Wood seeks an Order approving Compromise of Pending Action and, in connection therewith, an Order Authorizing Establishment of a Pooled Special Needs Trust.

  • Hearing

    Jun 26, 2020

MATTER OF QUINTEN TYLER HARRISON SNT

Nature of Proceedings: 1st Accounting & Report Absent objection, the matter will be approved. In the future the matter will be heard every two years, next Accounting will be 4/7/22....

  • Hearing

    Jun 25, 2020

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