On January 13, 2016 a
Complaint,Petition
was filed
involving a dispute between
Hernandez, Elizabeth,
Magana, Cassandra,
Magana, Nicholas,
and
for Petition for Probate
in the District Court of San Bernardino County.
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I i
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N
RUFORNiA
JASON L GAUDY SBN 228975 Tu
SUPERlOR
Kellie M T Chrisman SBN 292179
Cp 3NTY OF SHf E3ERIv
d RDWO
S7P ICT
SAN Rc R
Gaudy Law Inc
26 D street JqN 1 29i6
Upland CA 91786
P 909 982 3199 F 909 946 9449 1
Y
kellie@guadylaw com
OL NIEJIA DEPUTY
Attorney for NICHOLAS MAGANA Special Needs Trust and Trust Beneficiary
CASSANDRA MAGANA Trust Benefciary
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
T7
7
J
0 In re the Matter of the Case No PROPS1 60 0042
a
JOE MAGANA AND ESPERANZA MAGANA U
REVOCABLE TRUST dot June 8 2004
1 Elizabeth Hernandez Trustee PETITION FOR INSTRUCTION TO COMPEL
TRUSTEE TO ACT AND TO REMOVE ELIZABETH
HERNANDEZ AS TRUSTEE OF THE TRUST
N
I2 NICHOLAS MAGANA CASSANDRA MAGANA
o
f Probate Sections 15642 b 1 3 9 and Section
Petitioners 17200 b 10
Q U
3 Date Z 2
v
o
Time 8 j a nm
Dept rn a
2
S l
ca en
4 Petitioners NICHOLAS MAGANA and CASSANDRA MAGANA together Petitioners as two of th
trust beneficiaries of the Trust Petitioner NICHOLAS MAGANA
above named and as the sole beneficiary of
j
5 Special Needs Trust established for him under the Trust document hereby present this verified petition pursuant t Q
L
3
W
Probate Code Sections 15642 b 3 U
9 and Section 17200 b 10 Petitioners are seekin g an order from this Cou
O
to compel Trustee to act in accordance with the terms of the Trust including the Special Needs Trust and to remov
ELIZABETH HERNANDEZ as Successor Trustee of the Trust and allege as follows
7
STATEMENT OF FACTS
1
g On June 8 2004 JOE MAGANA and ESPERANZA MAGANA executed the JOE MAGANA AN
ESPERANZA MAGANA REVOCABLE TRUST hereinafter the TrusY The Trust established
1
PR0 PS 1 6 0 0 a 4 2
Special Needs Trust for Nicholas Magana Petitioner in Article 6 Section 6 A copy of the Trust i
attached hereto as Exhibit 1
2 JOE MAGANA Trustor died in April of 2015 ESPERANZA MAGANA Trustor died in Marc
of2011
3
To the best of Petitioners knowledge the assets of the trust consist of a real property located at 134
Bonita Avenue La Verna California 91750 bank accounts and tangible personal property
4 The Trust provided that ELIZABETH HERNANDEZ Successor Trustee the Trustors daughter
serve as Successor Trustee upon the death of both Trustors SUCCESSOR TRUSTEE is the sister o
NICHOLAS MAGANA and the aunt of CASSANDRA MAGANA
5
The Successor Trustee resides in San Bernardino County California and has retained the Law Office
0 of Doonan Doonan Inc located in San Dimas California to represent her as Trustee in this matter
6 The Trust creates a Special Needs Trust for NICHOLAS MAGANA in Article 6 Section 6 with th
1 primary purpose of
The primary purpose of this trust is to provide a supplemental and emergency fund t
supplement any public benefits available to Nicholas during his lifetime
2
And provides that
3
Special needs refers to the requisites for maintaining the good health comfort safety an
welfare ofNicholas
7 The Trust also provides in Article 6 Section 4 a 1 that
4
During his lifetime Nicholas Magana shall have the right to occupy the family residence o
any substitute residence or residential property purchased as provided in this section of th
instrument However Nicholas Magana shall have absolutely no control over the famil
residence
5
8
NICHOLAS MAGANA was diagnosed with Parkinson s disease at age 38 in 1997 He currently is o
Medicare and state supplemental income and his coverage pays for him to reside in a Parkinson s car
6
home
9 The Care Home provides basic meals non patient specific to N CHOLAS MAGANA and basi
7
toiletries and linen to the residents This does not include any specialized items including additiona
blankets requested reasonable soaps and toiletries snacks basic entertainment items such as magazine
8
or a computer or clothing
2
Document Filed Date
January 13, 2016
Case Filing Date
January 13, 2016
Category
Petition for Probate
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I i c N RUFORNiA JASON L GAUDY SBN 228975 Tu SUPERlOR Kellie M T Chrisman SBN 292179 Cp 3NTY OF SHf E3ERIv d RDWO S7P ICT SAN Rc R Gaudy Law Inc 26 D street JqN 1 29i6 Upland CA 91786 P 909 982 3199 F 909 946 9449 1 Y kellie@guadylaw com OL NIEJIA DEPUTY Attorney for NICHOLAS MAGANA Special Needs Trust and Trust Beneficiary CASSANDRA MAGANA Trust Benefciary SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO T7 7 J 0 In re the Matter of the Case No PROPS1 60 0042 a JOE MAGANA AND ESPERANZA MAGANA U REVOCABLE TRUST dot June 8 2004 1 Elizabeth Hernandez Trustee PETITION FOR INSTRUCTION TO COMPEL TRUSTEE TO ACT AND TO REMOVE ELIZABETH HERNANDEZ AS TRUSTEE OF THE TRUST N I2 NICHOLAS MAGANA CASSANDRA MAGANA o f Probate Sections 15642 b 1 3 9 and Section Petitioners 17200 b 10 Q U 3 Date Z 2 v o Time 8 j a nm Dept rn a 2 S l ca en 4 Petitioners NICHOLAS MAGANA and CASSANDRA MAGANA together Petitioners as two of th trust beneficiaries of the Trust Petitioner NICHOLAS MAGANA above named and as the sole beneficiary of j 5 Special Needs Trust established for him under the Trust document hereby present this verified petition pursuant t Q L 3 W Probate Code Sections 15642 b 3 U 9 and Section 17200 b 10 Petitioners are seekin g an order from this Cou O to compel Trustee to act in accordance with the terms of the Trust including the Special Needs Trust and to remov ELIZABETH HERNANDEZ as Successor Trustee of the Trust and allege as follows 7 STATEMENT OF FACTS 1 g On June 8 2004 JOE MAGANA and ESPERANZA MAGANA executed the JOE MAGANA AN ESPERANZA MAGANA REVOCABLE TRUST hereinafter the TrusY The Trust established 1 PR0 PS 1 6 0 0 a 4 2 Special Needs Trust for Nicholas Magana Petitioner in Article 6 Section 6 A copy of the Trust i attached hereto as Exhibit 1 2 JOE MAGANA Trustor died in April of 2015 ESPERANZA MAGANA Trustor died in Marc of2011 3 To the best of Petitioners knowledge the assets of the trust consist of a real property located at 134 Bonita Avenue La Verna California 91750 bank accounts and tangible personal property 4 The Trust provided that ELIZABETH HERNANDEZ Successor Trustee the Trustors daughter serve as Successor Trustee upon the death of both Trustors SUCCESSOR TRUSTEE is the sister o NICHOLAS MAGANA and the aunt of CASSANDRA MAGANA 5 The Successor Trustee resides in San Bernardino County California and has retained the Law Office 0 of Doonan Doonan Inc located in San Dimas California to represent her as Trustee in this matter 6 The Trust creates a Special Needs Trust for NICHOLAS MAGANA in Article 6 Section 6 with th 1 primary purpose of The primary purpose of this trust is to provide a supplemental and emergency fund t supplement any public benefits available to Nicholas during his lifetime 2 And provides that 3 Special needs refers to the requisites for maintaining the good health comfort safety an welfare ofNicholas 7 The Trust also provides in Article 6 Section 4 a 1 that 4 During his lifetime Nicholas Magana shall have the right to occupy the family residence o any substitute residence or residential property purchased as provided in this section of th instrument However Nicholas Magana shall have absolutely no control over the famil residence 5 8 NICHOLAS MAGANA was diagnosed with Parkinson s disease at age 38 in 1997 He currently is o Medicare and state supplemental income and his coverage pays for him to reside in a Parkinson s car 6 home 9 The Care Home provides basic meals non patient specific to N CHOLAS MAGANA and basi 7 toiletries and linen to the residents This does not include any specialized items including additiona blankets requested reasonable soaps and toiletries snacks basic entertainment items such as magazine 8 or a computer or clothing 2