On November 06, 2018 a
Complaint,Petition
was filed
involving a dispute between
Public Guardian,
and
for Trust
in the District Court of San Bernardino County.
Preview
i
RAMONA E VERDUZCO SBN 216979
Deputy County Counsel
2 MICHELLE D BLAKEMORE SBN 134107 S
fi j cR g NARDINO
County Counsel
3 385 North Arrowhead Avenue 4th Floor QV Q18
San Bernardino CA 92415 0140
4 Telephone 909 387 5455
Fax 909 387 3070
Attarneys for the Office ofi Public Guardian
av
7
SUPERiOR COURT U CALIFQRNIA OUNTY OF SAN BERNARDINO
8
SAN BERNRRDINO DISTRICT
9
10
11 ONSERVATORSH P OF THE ESTATE CASE NO lp p 7
OF
PET TION FOR REMOVAL OF
RANQALL ALTON GONZALES TRUSTEE AND APPQINTMEIUT OF THE
PUBLIC GUARDIAN AS SUCCESSOR
14
TRUSTEE QF THE RANDAL ALT4N
GONZALES SPECIAL NEEDS TRUST
15
16 d 0 3 a
Canservatee 3S S3 j
17
Petitioner the Public Guardian for the County of San Bernardina State af
Califarnia as conservatar of the estate of Randall Aiton Gonzales conservatee
2o
respec 11y alleges that
21
22 1 On December 19 2016 Teri Sue McKinley was suspended as
23 Conservator of the Persan and Estate of Randall Alton Gonzales as we I as Trustee of
2 the Randall Alton Gonzales Special Needs Trus nereinafter Special Needs Trus
2
25 On December 19 2016 the Public Guardian was appointed temporary
26 conservator of the esta e only of Randall Alton Gonzales
2 3 Randall Alton Gonzales is 50 years of age
2s
2192346
1
PETITION FOR REMOVAL OF TRUSTEE AND APPOINTMENT OF THE PUBLIC GUARDIAN
AS SUCCESSQR TRUS7EE OF TNE RANDA L ALTON SPEG AL NEEDS TRUST
Y
e
1
4 Prior to the Public Guardian s appointment as conservator of the estate
2
Teri Sue McKinley the former conservatar of the estate and trustee af the Special Needs
3
Trust petitianed the court for a substituted judgment for Qrder to Establish the Special
4
Needs Trust and the court approved same on March 301 2015 Thereafter the 5pecial
5
Needs Trust 29 2Q15 A copy af the Trust is attached as
was established on May
6
Exhibit A
7
5 The Special Needs Trust designates Randal Alton Gonzales as the sole
s
life beneficiary and Teri Sue McKinley as the initial trustee See Exhibit A p 3
9
6 The P blic Guardian learned about the existence of the Specia Needs
10
Trust on or about Qctober 26 2016 when the caurt re erred the case to the Pubiic
11
Guardian
12
13
7 The Public Guardian subsequently received a copy of the Special Needs
Trust from the conservatee s guardian ad litem on or about August 23 2017 when he
14
filed a petition under Prabate Code section 850 to recaver the funds depleted fram the
15
Special Needs Trust
16
8 With regard ta remaval of the trustee any interested perstan other than the
primary beneficiary may petition for remaval of any trustee with or without cause and a
court of competent jurisdiction shall confirm the removal of the trustee See Exhibit A
2o P 1Q
21 9 Upon removal of a trustee that trustee shall be replaced by any interested
22 person other than the primary beneficiary on confirmation by a court of competent
23 jurisdictian In the event there is no one then willing ar able ta serve as successor trustee
2 then a court of competent jurisdictian shall designate the successor trustee See Exhibit
2 A p 10
26 10 Although Teri Sue McKinley has been suspended as trustee of the Special
27 Needs Trust she has not been removed Pursuant to the court s order on June 14 2018
2s Teri Sue McKinley faund to have breached her duties to
was fiduciary the
2192346
2
PETITION FC7R REMOVAL OF TRUSTEE AND APPOINTMENT OF THE PUBLIC GUARDIAN
AS SUCCESSOR TRUSTEE OF THE RANDAL ALTON SPEGIAL NEEDS TRUST
Document Filed Date
November 06, 2018
Case Filing Date
November 06, 2018
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i RAMONA E VERDUZCO SBN 216979 Deputy County Counsel 2 MICHELLE D BLAKEMORE SBN 134107 S fi j cR g NARDINO County Counsel 3 385 North Arrowhead Avenue 4th Floor QV Q18 San Bernardino CA 92415 0140 4 Telephone 909 387 5455 Fax 909 387 3070 Attarneys for the Office ofi Public Guardian av 7 SUPERiOR COURT U CALIFQRNIA OUNTY OF SAN BERNARDINO 8 SAN BERNRRDINO DISTRICT 9 10 11 ONSERVATORSH P OF THE ESTATE CASE NO lp p 7 OF PET TION FOR REMOVAL OF RANQALL ALTON GONZALES TRUSTEE AND APPQINTMEIUT OF THE PUBLIC GUARDIAN AS SUCCESSOR 14 TRUSTEE QF THE RANDAL ALT4N GONZALES SPECIAL NEEDS TRUST 15 16 d 0 3 a Canservatee 3S S3 j 17 Petitioner the Public Guardian for the County of San Bernardina State af Califarnia as conservatar of the estate of Randall Aiton Gonzales conservatee 2o respec 11y alleges that 21 22 1 On December 19 2016 Teri Sue McKinley was suspended as 23 Conservator of the Persan and Estate of Randall Alton Gonzales as we I as Trustee of 2 the Randall Alton Gonzales Special Needs Trus nereinafter Special Needs Trus 2 25 On December 19 2016 the Public Guardian was appointed temporary 26 conservator of the esta e only of Randall Alton Gonzales 2 3 Randall Alton Gonzales is 50 years of age 2s 2192346 1 PETITION FOR REMOVAL OF TRUSTEE AND APPOINTMENT OF THE PUBLIC GUARDIAN AS SUCCESSQR TRUS7EE OF TNE RANDA L ALTON SPEG AL NEEDS TRUST Y e 1 4 Prior to the Public Guardian s appointment as conservator of the estate 2 Teri Sue McKinley the former conservatar of the estate and trustee af the Special Needs 3 Trust petitianed the court for a substituted judgment for Qrder to Establish the Special 4 Needs Trust and the court approved same on March 301 2015 Thereafter the 5pecial 5 Needs Trust 29 2Q15 A copy af the Trust is attached as was established on May 6 Exhibit A 7 5 The Special Needs Trust designates Randal Alton Gonzales as the sole s life beneficiary and Teri Sue McKinley as the initial trustee See Exhibit A p 3 9 6 The P blic Guardian learned about the existence of the Specia Needs 10 Trust on or about Qctober 26 2016 when the caurt re erred the case to the Pubiic 11 Guardian 12 13 7 The Public Guardian subsequently received a copy of the Special Needs Trust from the conservatee s guardian ad litem on or about August 23 2017 when he 14 filed a petition under Prabate Code section 850 to recaver the funds depleted fram the 15 Special Needs Trust 16 8 With regard ta remaval of the trustee any interested perstan other than the primary beneficiary may petition for remaval of any trustee with or without cause and a court of competent jurisdiction shall confirm the removal of the trustee See Exhibit A 2o P 1Q 21 9 Upon removal of a trustee that trustee shall be replaced by any interested 22 person other than the primary beneficiary on confirmation by a court of competent 23 jurisdictian In the event there is no one then willing ar able ta serve as successor trustee 2 then a court of competent jurisdictian shall designate the successor trustee See Exhibit 2 A p 10 26 10 Although Teri Sue McKinley has been suspended as trustee of the Special 27 Needs Trust she has not been removed Pursuant to the court s order on June 14 2018 2s Teri Sue McKinley faund to have breached her duties to was fiduciary the 2192346 2 PETITION FC7R REMOVAL OF TRUSTEE AND APPOINTMENT OF THE PUBLIC GUARDIAN AS SUCCESSOR TRUSTEE OF THE RANDAL ALTON SPEGIAL NEEDS TRUST