On February 01, 2023 a
Motion-Secondary
was filed
involving a dispute between
Herbers, Mary S.,
and
for Trust
in the District Court of San Bernardino County.
Preview
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CHANDLER LAW FIRM
ATTORNEYS AT LAW
Robert C. Chandler, Esq. SBN 138266)
Carla R. Kralovic. Es gs . N 227197)
Floyd F. Fishcll, Esqfis N 1 17659)
Christopher L. Nelson, E (SBN 220566) E‘ L D
wwogmim
.
.
,
I
3800 Oran e Street, Suite 7o
MAW
Riverside. A 92501 moan: Den.
T: 951) 276-3022
F: E951) 782-0230 JUN 09 m
Attorneys for Timothy Hebcrs, 'l‘rustcc
OOOQ¢
av: VALERIE oomsrem. Dep—
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
Case No.2 TRUSB 2300028
In re: the
OBJECTION T0 PETITION FOR
LOUISARNOLD HEBERS BREACH OF FIDUCIARY DUTY. ETC.
REVOCABLE TRUST VVVVVVVV
Dated November l6, 2006 Date: July l0. 2023
Time: 9:00 a.m.
Dept: S-37
Now comes Timothy Boyce Herbcrs, individually and as trustee of the Louis Arnold
Hcrbcrs Revocable Trust who hereby objects to Mary S. Hcrbcrs’ Verified Petitionfor: Breach
ofFiduciary Duty; Suspension of Trustee; Removal of Trustee; Appointment ofProfessional
Fiducimy as Successor Trustee; Accounting; Order Precluding trustfimdsfi'om being used to
fimd Respondent 's
Defense in this Matter:
l. FA T AL AN R URAL HISTORY
l. Trustor Louis Arnold Hcrbcrs created the Louis Arnold Hcrbcrs Revocable Trust by
written instrument, naming Respondent Timothy Hcrbcrs as successor trustee.
2. Trustor died in April 2020. at which time Respondent Timothy Hcrbers began serving as
trustee. He has sewed as trustee continuously until the present.
3. At the time of Trustor‘s death, the trust estate was comprised of Trustor‘s residence
located at I680 N. Euclid Avc., Up|and, California (hereinafter “the Residence") as well
as three checking accounts totaling $5,778.61. There were also $l48.82[ .00 in life
insurance proceeds that Respondent received on behalf of the trust in September 2020.
Objection lo Petition
Page of 5 l
Respondent held $9,000 of those proceeds in the trust's bank account to cover anticipated
expenses. and distributed the rest to the beneficiaries in the amount of 346.607 each.
ln administering the trust, Respondent has acted reasonably and prudently within the
discretion allowed him by the trust instrument, as will be stated more fully below.
{£wa
Respondent had provided Petitioner. through her counsel. an informal trust accounting in
both November and December 2022 but counsel rejected that accounting.
ll. SL‘A'I‘QS QF REAL PROPERTY& OTHER ASSETS
ln the last several years of his life, Trustor did not perform required maintenance and
OOwQO‘
upkeep on the Residence. and by the time of his death. it had fallen into a state of serious
disrepair.
In 2020. Petitioner had purchased an appraisal of the Residence which gave a value of
ll thcn-prescnt condition. (ln September 2020, Respondent reimbursed
$750,000 in its
12 Petitioner the $500 cost of the appraisal from trust funds.) Respondent has no objection
l3 to this valuation ofthe property in its then-current condition.
I4 Petitioner then consulted with a licensed local rcaltor and was informed that if the
property was to be cleaned and fully repaired to prime scllablc condition. it could be sold
l5
for over $1 .2 million, more than $400,000 above the appraised value.
l6
Respondent therefore purposed to repair and improve the Residence to bring it up to
l7
prime sellable condition and so maximize each beneficiary‘s share ofthc trust.
l8
l0. Respondent. being a licensed contractor. began making repairs, improvements. and
upgrades to the property to bring it to prime sellablc condition.
20
By doing the work himself, Respondent is saving the trust tens of thousands of dollars in
2 l
labor that the trust would pay if a third-party contractor was hired. Respondent has not
22
paid himself for services provided as either trustee or contractor. but reserves the right to
23 d0 so in the future.
24 l2. Further, Respondent. as a licensed contractor, was ablc to obtain materials for below
25 retail cost. saving the trust further expense in improving the Residence.
26 13. Petitioner has thus far advanced approximately $20,000 of his own funds in repairing and
27 improving the Residence, and estimates that another $50,000 will be necessary to
complete the job. But given the expected $400,000 increase in sales price (and possibly
28
Objection lo Petition
Page 2 of 5
Document Filed Date
June 09, 2023
Case Filing Date
February 01, 2023
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V -'.' n * 'I ’5“ li‘Kyzzs-“Ji: EL. C . t .’.= V ; U r ‘ Vf/T:‘>r\3 ”DJ CHANDLER LAW FIRM ATTORNEYS AT LAW Robert C. Chandler, Esq. SBN 138266) Carla R. Kralovic. Es gs . N 227197) Floyd F. Fishcll, Esqfis N 1 17659) Christopher L. Nelson, E (SBN 220566) E‘ L D wwogmim . . , I 3800 Oran e Street, Suite 7o MAW Riverside. A 92501 moan: Den. T: 951) 276-3022 F: E951) 782-0230 JUN 09 m Attorneys for Timothy Hebcrs, 'l‘rustcc OOOQ¢ av: VALERIE oomsrem. Dep— SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO Case No.2 TRUSB 2300028 In re: the OBJECTION T0 PETITION FOR LOUISARNOLD HEBERS BREACH OF FIDUCIARY DUTY. ETC. REVOCABLE TRUST VVVVVVVV Dated November l6, 2006 Date: July l0. 2023 Time: 9:00 a.m. Dept: S-37 Now comes Timothy Boyce Herbcrs, individually and as trustee of the Louis Arnold Hcrbcrs Revocable Trust who hereby objects to Mary S. Hcrbcrs’ Verified Petitionfor: Breach ofFiduciary Duty; Suspension of Trustee; Removal of Trustee; Appointment ofProfessional Fiducimy as Successor Trustee; Accounting; Order Precluding trustfimdsfi'om being used to fimd Respondent 's Defense in this Matter: l. FA T AL AN R URAL HISTORY l. Trustor Louis Arnold Hcrbcrs created the Louis Arnold Hcrbcrs Revocable Trust by written instrument, naming Respondent Timothy Hcrbcrs as successor trustee. 2. Trustor died in April 2020. at which time Respondent Timothy Hcrbers began serving as trustee. He has sewed as trustee continuously until the present. 3. At the time of Trustor‘s death, the trust estate was comprised of Trustor‘s residence located at I680 N. Euclid Avc., Up|and, California (hereinafter “the Residence") as well as three checking accounts totaling $5,778.61. There were also $l48.82[ .00 in life insurance proceeds that Respondent received on behalf of the trust in September 2020. Objection lo Petition Page of 5 l Respondent held $9,000 of those proceeds in the trust's bank account to cover anticipated expenses. and distributed the rest to the beneficiaries in the amount of 346.607 each. ln administering the trust, Respondent has acted reasonably and prudently within the discretion allowed him by the trust instrument, as will be stated more fully below. {£wa Respondent had provided Petitioner. through her counsel. an informal trust accounting in both November and December 2022 but counsel rejected that accounting. ll. SL‘A'I‘QS QF REAL PROPERTY& OTHER ASSETS ln the last several years of his life, Trustor did not perform required maintenance and OOwQO‘ upkeep on the Residence. and by the time of his death. it had fallen into a state of serious disrepair. In 2020. Petitioner had purchased an appraisal of the Residence which gave a value of ll thcn-prescnt condition. (ln September 2020, Respondent reimbursed $750,000 in its 12 Petitioner the $500 cost of the appraisal from trust funds.) Respondent has no objection l3 to this valuation ofthe property in its then-current condition. I4 Petitioner then consulted with a licensed local rcaltor and was informed that if the property was to be cleaned and fully repaired to prime scllablc condition. it could be sold l5 for over $1 .2 million, more than $400,000 above the appraised value. l6 Respondent therefore purposed to repair and improve the Residence to bring it up to l7 prime sellable condition and so maximize each beneficiary‘s share ofthc trust. l8 l0. Respondent. being a licensed contractor. began making repairs, improvements. and upgrades to the property to bring it to prime sellablc condition. 20 By doing the work himself, Respondent is saving the trust tens of thousands of dollars in 2 l labor that the trust would pay if a third-party contractor was hired. Respondent has not 22 paid himself for services provided as either trustee or contractor. but reserves the right to 23 d0 so in the future. 24 l2. Further, Respondent. as a licensed contractor, was ablc to obtain materials for below 25 retail cost. saving the trust further expense in improving the Residence. 26 13. Petitioner has thus far advanced approximately $20,000 of his own funds in repairing and 27 improving the Residence, and estimates that another $50,000 will be necessary to complete the job. But given the expected $400,000 increase in sales price (and possibly 28 Objection lo Petition Page 2 of 5