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BRUCE A, FEDER (SBN 70803)
Kato, Feder & Suzuki, LLP
685 Market Street, Suite 540 ELECTRONICALLY
San Francisco, California 94105 F I L E D
Telephone: (415) 974-5715 Superior Court of California,
Facsimile: (415) 974-6199 County of San Francisco
JAN 24 2014
Attorneys for Petitioner, Clerk of the Court
Rosia Lee Hart Deputy Clerk
Department 202
Hearing: Jan 30 2014 10:00AM PST
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
IN RE: Case No.: PTR-06-288755
EX PARTE PETITION FOR APPOINTMENT
OF PAULA R. BIBBS AS TEMPORARY
SUCCESSOR TRUSTEE
THE ROSIA L. HART REVOCABLE
TRUST DATED MAY 19, 2004
[Probate Code $17200(b)(10) & (11)]
Department: Probate; Room 202
Petitioner, ROSIA LEE HART, also known as Rosia L. Hart, presents her ex parte petition
for the appointment of PAULA R. BIBBS as temporary successor trustee.
1. Filed concurrently with this ex parte petition is a separate petition for appointment of
Paula R. Bibbs as general successor trustee.
2. Background History.
a Petitioner is the original settlor of the trast known as THE ROSIA L. HART
REVOCABLE TRUST DATED MAY 19, 2004, and currently resides in her home in Antioch. That
trust is the subject of this proceeding.
£X PARTE PETITION FOR APPT. OF
TEMPORARY SUCCESSOR TRUSTEE
PTR-06-288755,Co 09 OB Ht A HF mB Ye
PR Re
SB WN
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b. Petitioner’s estate came under a conservatorship in November 2006 when the
court found that she had been the victim of financial abuse by an acquaintance Gregory Wiggins.
Mr. Herb Thomas, a licensed professional fiduciary, was appointed to serve as conservator of the
estate. The same circumstances pertaining to that alleged financial abuse which is well documented
in the court records, also led to the appointment of Mr. Thomas as the successor trustee of
petitioner’s revocable living trust, and the placing of the trust under court supervision. Once it was
determined that Mr. Wiggins was no longer influencing her financial affairs and that her estate had
stabilized, a petition was filed with the court to terminate the consetvatorship because petitioner has
always wanted to manage her own affairs. Since all of her assets had been transferred by Mr.
Thotnas to the trust, there was no longer a need for the conservatorship and the petition to terminate
the conservatorship was granted.
c. In September 2013, petitioner filed a Petition for Order Approving First
Amendment to her trust (“Petition for Amendment”). The amendment proposed to modify the
ultimate disposition of her trust estate upon her death, and also to appoint a trustee of her own
choosing. The court approved the Petition for Amendment except that the approval did not apply to
her selected successor trustee, The court did instruct that she could petition the court to appoint a
new successor trustee to replace current trustee Herb Thomas, so long as the new trustee was a
professional fiduciary licensed in California. ‘This ex parte petition is filed to appoint a new
temporary successor trustee to serve until such time as the court can review Petitioner's other
petition for appointment of a general successor trustee. Mr. Thomas has already represented to the
court that he would voluntarily resign as trustee in favor of a new trustee who was a licensed
professional fiduciary.
3. Appointment of a New Successor Trustee, Counsel for petitioner offered to arrange for
petitioner to meet with several experienced professional fiduciaries for her evaluation as potential
successor trustees to her trust. She met with Paula Bibbs, a licensed professional fiduciary who is
well known to this court, and petitioner approved of Ms. Bibbs wholeheartedly, as they share many
common interests and common communities, Petitioner has chosen Paul R. Bibbs to serve as both
the temporary successor trustee and as the general successor trustee of her trust subject to court
2
“EX PARTE PETITION FOR APPT, OF”
TEMPORARY SUCCESSOR TRUSTEE,
PTR-08-288765,wo nN PR
approval.
4. Assets in the Trust and Bond. According to the amended third account and report of
trustee Herb Thomas filed with this Court on August 17, 2012, the bondable property on hand at the
end of the accounting period was $118,816 and annual income from all sources was approximately
$42,000.
Bondable property on hand at end of third trust account $118,816
Annual income (approximate) $42,000
Subtotal $160,816
Cost of bond recovery per CRC 7.207 $16,082
Total bondable estate $176,898
Petitioner believes that a bond of $177,000 will be sufficient to protect the assets of the trust,
5. Jurisdiction of the Court, Petitioner alleges that this court has jurisdiction and
authority to appoint Paula R. Bibbs as temporary successor trustee, and to accept the resignation of
the currently acting successor trustee, Herb Thomas, pursuant to Probate Code §§17200(b)(10) and
(11). Furthermore, the Order Partially Approving First Trust Amendment to Rosia L. Hart
Revocable Trust dated May 19, 200, filed on October 31, 2013, specifically allowed petitioner to
petition the court by ex parte application for the appointment of her nominee as temporary successor
trustee pending the hearing on a petition for appointment of a general successor trustee.
6. Notice, During petitioner’s lifetime, she is the sole beneficiary of her trust. As
modified by the First Amendment already approved by this approved by this Court on October 31,
2013, the trust provides that upon petitioner’s death, there shall be specific gifts made to Henry
Gains, Adeline Reed, Gayle R. Reed and Rosalind D. Reed, now known as Rosalind Reed Williams,
The remainder of the trust estate shall be distributed to Andrew Smith. If any of the above
beneficiaries predecease petitioner, the predeceased person’s share shall go to the surviving issue of
that person as named in the first amendment. These contingent beneficiaries are Jackie Henderson,
Corrida Gains, and Jackie Smith; however petitioner is not required by the probate code to give
notice to the contingent beneficiaries.
“VEX PARTE PETITION FOR APPT, OF
TEMPORARY SUCCESSOR TRUSTEE
PTR-06-288755wi
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Notice to the above-parties (exeluding contingent beneficiaries), if living, will be.given, as
follows:
Henry Gains Rosalind D. Reed (aka Rosalind Reed Williams)
1490 Kennedy Avenue 4766 Stonewood, Drive.
Weed, CA 96094 Fairfield, CA 94531
Adeline Reed Andrew. Smith
306 Portland Avenue 2709 Lotus.Court
Oakland, CA 94606 Antioch, CA 94531
Gayle R. Reed
2389 Platley.Circle
Fairfield, CA 94533
7, Special Notice. No requests for special notice have been filed in this trust matter.
WHEREFORE, Petitioner requests that:
1 The court appoint Paula R. Bibbs as temporary successor trustee of The Rosia.L. Hart
Revocable Trust dated May 19, 2004 and amended on October 31, 2013;
2. Bond for Ms; Bibbs be set at $177,000; and
3. For all further orders the court may deem necessary.
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Dated: ue / Aol Qe Alex i. Hi2F .
4 ROSIA L. HART, Petitioner
Dated: _} HS feht .
BRI A. FEDE
Attorney for Petitioner
EX PARTE PETITION FOR APPT, OF
TEMPORARY SUCCESSOR TRUSTEE
PTR-06-280755won
a
VERIFICATION
1 am the petitioner in this action; the foregoing is true of my own knowledge, except as to the
matters stated in it on my information and belief, and as to those matters I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed at San Francisco, California.
Dated:_] y 126 ly Vascal- Naf:
ROSIA L. HART
“EX PARTE PETITION FOR APPT. OF
TEMPORARY SUCCESSOR TRUSTEE
PTR-06-266756
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BRUCE A, FEDER (SBN 70803) Kato, Feder & Suzuki, LLP 685 Market Street, Suite 540 ELECTRONICALLY San Francisco, California 94105 F I L E D Telephone: (415) 974-5715 Superior Court of California, Facsimile: (415) 974-6199 County of San Francisco JAN 24 2014 Attorneys for Petitioner, Clerk of the Court Rosia Lee Hart Deputy Clerk Department 202 Hearing: Jan 30 2014 10:00AM PST SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO IN RE: Case No.: PTR-06-288755 EX PARTE PETITION FOR APPOINTMENT OF PAULA R. BIBBS AS TEMPORARY SUCCESSOR TRUSTEE THE ROSIA L. HART REVOCABLE TRUST DATED MAY 19, 2004 [Probate Code $17200(b)(10) & (11)] Department: Probate; Room 202 Petitioner, ROSIA LEE HART, also known as Rosia L. Hart, presents her ex parte petition for the appointment of PAULA R. BIBBS as temporary successor trustee. 1. Filed concurrently with this ex parte petition is a separate petition for appointment of Paula R. Bibbs as general successor trustee. 2. Background History. a Petitioner is the original settlor of the trast known as THE ROSIA L. HART REVOCABLE TRUST DATED MAY 19, 2004, and currently resides in her home in Antioch. That trust is the subject of this proceeding. £X PARTE PETITION FOR APPT. OF TEMPORARY SUCCESSOR TRUSTEE PTR-06-288755,Co 09 OB Ht A HF mB Ye PR Re SB WN 15 16 17 18 19 20 a1 22 23 24 25 26 27 28 b. Petitioner’s estate came under a conservatorship in November 2006 when the court found that she had been the victim of financial abuse by an acquaintance Gregory Wiggins. Mr. Herb Thomas, a licensed professional fiduciary, was appointed to serve as conservator of the estate. The same circumstances pertaining to that alleged financial abuse which is well documented in the court records, also led to the appointment of Mr. Thomas as the successor trustee of petitioner’s revocable living trust, and the placing of the trust under court supervision. Once it was determined that Mr. Wiggins was no longer influencing her financial affairs and that her estate had stabilized, a petition was filed with the court to terminate the consetvatorship because petitioner has always wanted to manage her own affairs. Since all of her assets had been transferred by Mr. Thotnas to the trust, there was no longer a need for the conservatorship and the petition to terminate the conservatorship was granted. c. In September 2013, petitioner filed a Petition for Order Approving First Amendment to her trust (“Petition for Amendment”). The amendment proposed to modify the ultimate disposition of her trust estate upon her death, and also to appoint a trustee of her own choosing. The court approved the Petition for Amendment except that the approval did not apply to her selected successor trustee, The court did instruct that she could petition the court to appoint a new successor trustee to replace current trustee Herb Thomas, so long as the new trustee was a professional fiduciary licensed in California. ‘This ex parte petition is filed to appoint a new temporary successor trustee to serve until such time as the court can review Petitioner's other petition for appointment of a general successor trustee. Mr. Thomas has already represented to the court that he would voluntarily resign as trustee in favor of a new trustee who was a licensed professional fiduciary. 3. Appointment of a New Successor Trustee, Counsel for petitioner offered to arrange for petitioner to meet with several experienced professional fiduciaries for her evaluation as potential successor trustees to her trust. She met with Paula Bibbs, a licensed professional fiduciary who is well known to this court, and petitioner approved of Ms. Bibbs wholeheartedly, as they share many common interests and common communities, Petitioner has chosen Paul R. Bibbs to serve as both the temporary successor trustee and as the general successor trustee of her trust subject to court 2 “EX PARTE PETITION FOR APPT, OF” TEMPORARY SUCCESSOR TRUSTEE, PTR-08-288765,wo nN PR approval. 4. Assets in the Trust and Bond. According to the amended third account and report of trustee Herb Thomas filed with this Court on August 17, 2012, the bondable property on hand at the end of the accounting period was $118,816 and annual income from all sources was approximately $42,000. Bondable property on hand at end of third trust account $118,816 Annual income (approximate) $42,000 Subtotal $160,816 Cost of bond recovery per CRC 7.207 $16,082 Total bondable estate $176,898 Petitioner believes that a bond of $177,000 will be sufficient to protect the assets of the trust, 5. Jurisdiction of the Court, Petitioner alleges that this court has jurisdiction and authority to appoint Paula R. Bibbs as temporary successor trustee, and to accept the resignation of the currently acting successor trustee, Herb Thomas, pursuant to Probate Code §§17200(b)(10) and (11). Furthermore, the Order Partially Approving First Trust Amendment to Rosia L. Hart Revocable Trust dated May 19, 200, filed on October 31, 2013, specifically allowed petitioner to petition the court by ex parte application for the appointment of her nominee as temporary successor trustee pending the hearing on a petition for appointment of a general successor trustee. 6. Notice, During petitioner’s lifetime, she is the sole beneficiary of her trust. As modified by the First Amendment already approved by this approved by this Court on October 31, 2013, the trust provides that upon petitioner’s death, there shall be specific gifts made to Henry Gains, Adeline Reed, Gayle R. Reed and Rosalind D. Reed, now known as Rosalind Reed Williams, The remainder of the trust estate shall be distributed to Andrew Smith. If any of the above beneficiaries predecease petitioner, the predeceased person’s share shall go to the surviving issue of that person as named in the first amendment. These contingent beneficiaries are Jackie Henderson, Corrida Gains, and Jackie Smith; however petitioner is not required by the probate code to give notice to the contingent beneficiaries. “VEX PARTE PETITION FOR APPT, OF TEMPORARY SUCCESSOR TRUSTEE PTR-06-288755wi ao Notice to the above-parties (exeluding contingent beneficiaries), if living, will be.given, as follows: Henry Gains Rosalind D. Reed (aka Rosalind Reed Williams) 1490 Kennedy Avenue 4766 Stonewood, Drive. Weed, CA 96094 Fairfield, CA 94531 Adeline Reed Andrew. Smith 306 Portland Avenue 2709 Lotus.Court Oakland, CA 94606 Antioch, CA 94531 Gayle R. Reed 2389 Platley.Circle Fairfield, CA 94533 7, Special Notice. No requests for special notice have been filed in this trust matter. WHEREFORE, Petitioner requests that: 1 The court appoint Paula R. Bibbs as temporary successor trustee of The Rosia.L. Hart Revocable Trust dated May 19, 2004 and amended on October 31, 2013; 2. Bond for Ms; Bibbs be set at $177,000; and 3. For all further orders the court may deem necessary. + Dated: ue / Aol Qe Alex i. Hi2F . 4 ROSIA L. HART, Petitioner Dated: _} HS feht . BRI A. FEDE Attorney for Petitioner EX PARTE PETITION FOR APPT, OF TEMPORARY SUCCESSOR TRUSTEE PTR-06-280755won a VERIFICATION 1 am the petitioner in this action; the foregoing is true of my own knowledge, except as to the matters stated in it on my information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed at San Francisco, California. Dated:_] y 126 ly Vascal- Naf: ROSIA L. HART “EX PARTE PETITION FOR APPT. OF TEMPORARY SUCCESSOR TRUSTEE PTR-06-266756