Preview
Electronically
Matthew C. O’Donnell SBN 100052 FILED
Patrick K. McNulty SBN 318609
By Superior Court of Califomia, County of San Mate:
ON 05/26/2023
O’DONNELL & ASSOCIATES
724 Oak Grove Avenue, Suite 110 By Isi Lopez-Chavez, Gabriela
Menlo Park, CA 94025 Deputy Clerk
Telephone (650) 853-7183
Fax (650) 324-9173 Electronically
Attorneys for Petitioner, RECEIVED
RODNEY PAUL
5/15/2023 4:00 PM
CLERK OF THE SUPERIOR COURT
SAN MATEO COUNTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
10
11
In the Matter of CASE NO. 23-PRO-00521
12
13 THE RICHARD A. PAUL AND ORDER CONFIRMING TRUST ASSETS
14 JACQUELINE R. PAUL REVOCABLE Probate Code §§ 850(a)(3)(B), 15200, &
LIVING TRUST 17200 et seq.
15
dated December 16, 2001 Date: EX PARTE
16 Time: 10:00AM
17 RODNEY PAUL, Dept: 1
Trustee.
18
19
20
The Ex Parte Petition for Order Confirming Trust Assets came on for hearing in the above
21
entitled court on , 2023, before the Honorable Judge
22
On evidence given to the satisfaction of the court, the court makes the following findings:
23
1 Notice of the time and place of the hearing was given as required by law.
24
2 All facts set forth in the petition are true and correct.
25
3 Petitioner RODNEY PAUL is an adult and the Trustee of the RICHARD A. PAUL
26
AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST originally created on December
27
16, 2001 by RICHARD A. PAUL and JACQUELINE R. PAUL as Settlors and initial Trustees.
28
THE RICHARD A. PAUL AND JACQUELINE R. Case No.:
PAUL REVOCABLE LIVING TRUST
ORDER CONFIRMING TRUST ASSETS
4 Pursuant to Probate Code section 17000, 170002(a) and 17005(a), this court is the
proper venue and has exclusive jurisdiction over this matter.
5 Petitioner seeks an Order confirming that RICHARD A. PAUL’s interest in the
financial accounts described below as assets of the revocable trust created by RICHARD A. PAUL
and JACQUELINE R. PAUL, and currently under the control of the Trustee of the RICHARD A.
PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST.
6. RICHARD A. PAUL and JACQUELINE R. PAUL were the Settlors and initial
Trustees of the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING
TRUST dated December 16, 2001 (the “Trust” herein). On February 22, 2002, JACQUELINE R.
10 PAUL died and on July 12, 2019, RICHARD A. PAUL, as the surviving settlor and sole Trustee,
11 and pursuant to the terms of the Trust, amended the Trust for the first time designating RODNEY
12 PAUL as the first successor Trustee.
7
13 RICHARD A. PAUL died on February 26, 2023.
14 8 RICHARD A. PAUL was survived by his wife, NANCY W. SMITH, and three
15 adult children, namely, RODNEY PAUL, RANDALL PAUL and REID PAUL, and had no
16 deceased children.
17 9 Petitioner is the currently acting trustee of the RICHARD A. PAUL AND
18 JACQUELINE R. PAUL REVOCABLE LIVING TRUST dated December 16, 2001 and is
19 conducting the trust administration in San Mateo County.
20 10. RICHARD A. PAUL died testate.
21 11. Paragraph FIFTH of the WILL OF RICHARD A. PAUL provides: I give all of my
22 estate to the Trustee named as Trustee of that certain Trust designated as THE RICHARD A.
23 PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST , established on December
24 16, 2001, amended for the first time earlier this day, of which I am the settlor.”
25 12. Petitioner believes that the Trust under which he has been acting as trustee is valid.
26 13. Exhibit “A” appended to the Trust lists RICHARD A. PAUL’s real property,
27 “Various checking, savings and money market accounts” as well as other assets held in the Trust.
28
THE RICHARD A. PAUL AND JACQUELINE R. Case No.:
PAUL REVOCABLE LIVING TRUST
ORDER CONFIRMING TRUST ASSETS
14. Prior to his death, RICHARD A. PAUL’s financial advisor transferred his financial
accounts from one financial institution, where they were property titled in the name of the Trust,
to a new financial institution. During this transfer, the financial advisor incorrectly titled the
accounts into the RICHARD A. PAUL REVOCABLE LIVING TRUST instead of the RICHARD
A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST. As such, the Petitioner
has been unable to take control of these accounts held at Fidelity Investments.
15. Among other methods, Probate Code § 15200(a) provides that a trust may be created
by a declaration by the owner of property that the owner holds the property as trustee. Pursuant
to Probate Code § 15200(e), a trust may also be created by an enforceable promise to create a trust.
10 Petitioner respectfully submits that the decedent effectively created a trust over the accounts at
11 Fidelity Investments. Alternatively, Petitioner submits that the trust created RICHARD A. PAUL’s
12 promise to create such a trust for the benefit of himself in the event of incapacity, and after his
13 death, for the benefit of his Trust beneficiaries.
14 16. Petitioner respectfully submits that accounts held at Fidelity Investments are, and
15 continue to be, assets under the control of the Trustee of the RICHARD A. PAUL AND
16 JACQUELINE R. PAUL REVOCABLE LIVING TRUST. Petitioner is informed and believes that
17 RICHARD A. PAUL never revoked the trust, in whole or in part, during his lifetime.
18 17. Petitioner respectfully submits that RICHARD A. PAUL believed that his accounts
19 at Fidelity Investments had been correctly retitled by his financial advisor prior to his death.
20 18. Petitioner respectfully submits that RICHARD A. PAUL’s accounts at Fidelity
21 Investments are subject to the terms of the trust under the rule established in Estate of Heggstad,
22 (1993)16 Cal. App. 4" 943,946, in which the Court held that “the Settlor’s written declaration
23 stating that he holds . . . property as trustee was sufficient to create a revocable living trust.”
24 19. The names, addresses, ages, and relationships to RICHARD A. PAUL of the
25 fiduciaries named in the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE
26 LIVING TRUST dated December 16, 2001, and the heirs of RICHARD A. PAUL, as well as their
27 relationship to the settlor, are set forth below:
28
THE RICHARD A. PAUL AND JACQUELINE R. Case No.:
PAUL REVOCABLE LIVING TRUST
ORDER CONFIRMING TRUST ASSETS
RODNEY PAUL adult Son
1619 Oak View Avenue First Successor Trustee
Kensington, California Beneficiary of Trust (1/3)
Intestate heir
RANDALL PAUL adult Son
303 Granville Ct Second Successor Trustee
San Jose, California Beneficiary of Trust (1/3)
Intestate heir
REID PAUL adult Son
182 Linda Rd Third Successor Trustee
Wayne, New Jersey Beneficiary of Trust (1/3)
Intestate heir
10 NANCY W. SMITH adult Spouse
1534 Nadina Street Not a fiduciary
11 San Mateo, California Not a trust beneficiary
Intestate heir
12
13 20. No persons other than those named in paragraph 19 above are entitled to notice; of
14 those, Petitioner is not required to give himself notice.
15 21. Petitioner is informed and believes and on that basis alleges that a request for special
16 notice has not been filed in this proceeding.
17 22. Petitioner is not required to give notice to himself pursuant to Probate Code section
18 1201.
19 23. The waivers of notice of this Ex Parte petition of RANDALL PAUL, REID PAUL
20 and NANCY W. SMITH have been filed.
21 24. The consents of RANDALL PAUL, REID PAUL and NANCY W. SMITH to this
22 petition have been filed.
23
24 IT IS THEREFORE ORDERED:
25 1 The RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING
26 TRUST dated December 16, 2001 is valid;
27 2 The decedent’s accounts at Fidelity Investments are assets subject to the RICHARD
28
THE RICHARD A. PAUL AND JACQUELINE R. Case No.:
PAUL REVOCABLE LIVING TRUST
ORDER CONFIRMING TRUST ASSETS
1 A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST dated December 16,
2 2001, and under the control of RODNEY PAUL, Trustee of the RICHARD A. PAUL AND
3 JACQUELINE R. PAUL REVOCABLE LIVING TRUST, subject to the terms of the RICHARD
A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST, and should be
administered pursuant to the terms of the Trust.
Electronically
SIGNED
By /s/Davis III, Leland
Date: , 2023 05/26/2023
Judge of the Superior Court
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
THE RICHARD A. PAUL AND JACQUELINE R. Case No.:
PAUL REVOCABLE LIVING TRUST
ORDER CONFIRMING TRUST ASSETS
Preview
Electronically Matthew C. O’Donnell SBN 100052 FILED Patrick K. McNulty SBN 318609 By Superior Court of Califomia, County of San Mate: ON 05/26/2023 O’DONNELL & ASSOCIATES 724 Oak Grove Avenue, Suite 110 By Isi Lopez-Chavez, Gabriela Menlo Park, CA 94025 Deputy Clerk Telephone (650) 853-7183 Fax (650) 324-9173 Electronically Attorneys for Petitioner, RECEIVED RODNEY PAUL 5/15/2023 4:00 PM CLERK OF THE SUPERIOR COURT SAN MATEO COUNTY SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO 10 11 In the Matter of CASE NO. 23-PRO-00521 12 13 THE RICHARD A. PAUL AND ORDER CONFIRMING TRUST ASSETS 14 JACQUELINE R. PAUL REVOCABLE Probate Code §§ 850(a)(3)(B), 15200, & LIVING TRUST 17200 et seq. 15 dated December 16, 2001 Date: EX PARTE 16 Time: 10:00AM 17 RODNEY PAUL, Dept: 1 Trustee. 18 19 20 The Ex Parte Petition for Order Confirming Trust Assets came on for hearing in the above 21 entitled court on , 2023, before the Honorable Judge 22 On evidence given to the satisfaction of the court, the court makes the following findings: 23 1 Notice of the time and place of the hearing was given as required by law. 24 2 All facts set forth in the petition are true and correct. 25 3 Petitioner RODNEY PAUL is an adult and the Trustee of the RICHARD A. PAUL 26 AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST originally created on December 27 16, 2001 by RICHARD A. PAUL and JACQUELINE R. PAUL as Settlors and initial Trustees. 28 THE RICHARD A. PAUL AND JACQUELINE R. Case No.: PAUL REVOCABLE LIVING TRUST ORDER CONFIRMING TRUST ASSETS 4 Pursuant to Probate Code section 17000, 170002(a) and 17005(a), this court is the proper venue and has exclusive jurisdiction over this matter. 5 Petitioner seeks an Order confirming that RICHARD A. PAUL’s interest in the financial accounts described below as assets of the revocable trust created by RICHARD A. PAUL and JACQUELINE R. PAUL, and currently under the control of the Trustee of the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST. 6. RICHARD A. PAUL and JACQUELINE R. PAUL were the Settlors and initial Trustees of the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST dated December 16, 2001 (the “Trust” herein). On February 22, 2002, JACQUELINE R. 10 PAUL died and on July 12, 2019, RICHARD A. PAUL, as the surviving settlor and sole Trustee, 11 and pursuant to the terms of the Trust, amended the Trust for the first time designating RODNEY 12 PAUL as the first successor Trustee. 7 13 RICHARD A. PAUL died on February 26, 2023. 14 8 RICHARD A. PAUL was survived by his wife, NANCY W. SMITH, and three 15 adult children, namely, RODNEY PAUL, RANDALL PAUL and REID PAUL, and had no 16 deceased children. 17 9 Petitioner is the currently acting trustee of the RICHARD A. PAUL AND 18 JACQUELINE R. PAUL REVOCABLE LIVING TRUST dated December 16, 2001 and is 19 conducting the trust administration in San Mateo County. 20 10. RICHARD A. PAUL died testate. 21 11. Paragraph FIFTH of the WILL OF RICHARD A. PAUL provides: I give all of my 22 estate to the Trustee named as Trustee of that certain Trust designated as THE RICHARD A. 23 PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST , established on December 24 16, 2001, amended for the first time earlier this day, of which I am the settlor.” 25 12. Petitioner believes that the Trust under which he has been acting as trustee is valid. 26 13. Exhibit “A” appended to the Trust lists RICHARD A. PAUL’s real property, 27 “Various checking, savings and money market accounts” as well as other assets held in the Trust. 28 THE RICHARD A. PAUL AND JACQUELINE R. Case No.: PAUL REVOCABLE LIVING TRUST ORDER CONFIRMING TRUST ASSETS 14. Prior to his death, RICHARD A. PAUL’s financial advisor transferred his financial accounts from one financial institution, where they were property titled in the name of the Trust, to a new financial institution. During this transfer, the financial advisor incorrectly titled the accounts into the RICHARD A. PAUL REVOCABLE LIVING TRUST instead of the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST. As such, the Petitioner has been unable to take control of these accounts held at Fidelity Investments. 15. Among other methods, Probate Code § 15200(a) provides that a trust may be created by a declaration by the owner of property that the owner holds the property as trustee. Pursuant to Probate Code § 15200(e), a trust may also be created by an enforceable promise to create a trust. 10 Petitioner respectfully submits that the decedent effectively created a trust over the accounts at 11 Fidelity Investments. Alternatively, Petitioner submits that the trust created RICHARD A. PAUL’s 12 promise to create such a trust for the benefit of himself in the event of incapacity, and after his 13 death, for the benefit of his Trust beneficiaries. 14 16. Petitioner respectfully submits that accounts held at Fidelity Investments are, and 15 continue to be, assets under the control of the Trustee of the RICHARD A. PAUL AND 16 JACQUELINE R. PAUL REVOCABLE LIVING TRUST. Petitioner is informed and believes that 17 RICHARD A. PAUL never revoked the trust, in whole or in part, during his lifetime. 18 17. Petitioner respectfully submits that RICHARD A. PAUL believed that his accounts 19 at Fidelity Investments had been correctly retitled by his financial advisor prior to his death. 20 18. Petitioner respectfully submits that RICHARD A. PAUL’s accounts at Fidelity 21 Investments are subject to the terms of the trust under the rule established in Estate of Heggstad, 22 (1993)16 Cal. App. 4" 943,946, in which the Court held that “the Settlor’s written declaration 23 stating that he holds . . . property as trustee was sufficient to create a revocable living trust.” 24 19. The names, addresses, ages, and relationships to RICHARD A. PAUL of the 25 fiduciaries named in the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE 26 LIVING TRUST dated December 16, 2001, and the heirs of RICHARD A. PAUL, as well as their 27 relationship to the settlor, are set forth below: 28 THE RICHARD A. PAUL AND JACQUELINE R. Case No.: PAUL REVOCABLE LIVING TRUST ORDER CONFIRMING TRUST ASSETS RODNEY PAUL adult Son 1619 Oak View Avenue First Successor Trustee Kensington, California Beneficiary of Trust (1/3) Intestate heir RANDALL PAUL adult Son 303 Granville Ct Second Successor Trustee San Jose, California Beneficiary of Trust (1/3) Intestate heir REID PAUL adult Son 182 Linda Rd Third Successor Trustee Wayne, New Jersey Beneficiary of Trust (1/3) Intestate heir 10 NANCY W. SMITH adult Spouse 1534 Nadina Street Not a fiduciary 11 San Mateo, California Not a trust beneficiary Intestate heir 12 13 20. No persons other than those named in paragraph 19 above are entitled to notice; of 14 those, Petitioner is not required to give himself notice. 15 21. Petitioner is informed and believes and on that basis alleges that a request for special 16 notice has not been filed in this proceeding. 17 22. Petitioner is not required to give notice to himself pursuant to Probate Code section 18 1201. 19 23. The waivers of notice of this Ex Parte petition of RANDALL PAUL, REID PAUL 20 and NANCY W. SMITH have been filed. 21 24. The consents of RANDALL PAUL, REID PAUL and NANCY W. SMITH to this 22 petition have been filed. 23 24 IT IS THEREFORE ORDERED: 25 1 The RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING 26 TRUST dated December 16, 2001 is valid; 27 2 The decedent’s accounts at Fidelity Investments are assets subject to the RICHARD 28 THE RICHARD A. PAUL AND JACQUELINE R. Case No.: PAUL REVOCABLE LIVING TRUST ORDER CONFIRMING TRUST ASSETS 1 A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST dated December 16, 2 2001, and under the control of RODNEY PAUL, Trustee of the RICHARD A. PAUL AND 3 JACQUELINE R. PAUL REVOCABLE LIVING TRUST, subject to the terms of the RICHARD A. PAUL AND JACQUELINE R. PAUL REVOCABLE LIVING TRUST, and should be administered pursuant to the terms of the Trust. Electronically SIGNED By /s/Davis III, Leland Date: , 2023 05/26/2023 Judge of the Superior Court 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE RICHARD A. PAUL AND JACQUELINE R. Case No.: PAUL REVOCABLE LIVING TRUST ORDER CONFIRMING TRUST ASSETS