Preview
Filed
rior Court of California
Sacramento
&
Carlena L. Tapella, State Bar No. 160263 $21 2023
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LAW CORPORATION morans
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400 Capitol Mall, 11th Floor By , Deputy
Sacramento, CA 95814 eet geek ee
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Telephone: (916) 558-6000 Z3PRO02121
Facsimile: (916) 446-1611
F&F
Attorneys for Trustee
Bryan Healea
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF SACRAMENTO
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In the Matter of Case No. 2% FZOOZ (2
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the AVERY HEALEA TRUST FIRST ACCOUNT AND REPORT OF
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TRUSTEE AND PETITION FOR ITS
SETTLEMENT; FOR TRANSFER OF
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TRUST PROPERTY TO COURT OF
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JURISDICTION OUTSIDE OF
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CALIFORNIA; FOR DISCHARGE OF
BOND
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Hearing Date: . oi Ht
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Time: 209m ~=BY FAX
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Department: 129
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Petitioner Bryan Healea alleges:
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1. Trustee. Petitioner is the duly appointed and acting trustee of the Avery Healea Trust
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(“Trust”) established under the terms of the Dee H. Thompson Continuing Trust (“Thompson
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Trust”). Petitioner was appointed as the trustee of the Trust pursuant to court order made in the
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matter of the Dee H. Thompson Continuing Trust, Sacramento County Superior Court Case No. 34-
NO
KF
2021-00305127. A true and correct copy of the court’s order is attached hereto as Exhibit A. The
NY
NO
Thompson Trust was created pursuant to the terms of the Healea Family Trust (Survivor’s Trust)
WY
NO
upon the death of Erma Healea. A true and correct copy of the Healea Family Trust (Survivor’s
FP
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Trust) Trust is attached hereto as Exhibit B. A true and correct copy of the Amendment to the
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Healea Family Trust (Survivor’s Trust), in which the Thompson Trust is created, is attached hereto
NY
NO
as Exhibit C.
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No
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1
FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER
OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA
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The Thompson Trust terminated upon the death of Dee H. Thompson and, pursuant to its |
terms, the remaining assets were divided among the living great grandchildren of Gordon Healea. |
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Avery Healea (“Avery”) is a great grandchild of Gordon Healea. Avery is 7 years old. Her date of
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birth is July 1, 2016.
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2 Period of Account. The first account covers the period from May 16, 2022, through
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April 30 2023. Petitioner notes that the first account was ordered to be filed by February 28, 2023,
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for the account period ending December 31, 2022. However, distribution from the Thompson Trust
SFI
was not completed until August 2022. And, the initial checks to Petitioner as trustee had to be
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reissued due to delay in cashing the checks. Petitioner received the checks in March 2023.
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cs Summary of Account. Petitioner is chargeable, and is entitled to the credits, as set
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forth in the Summary of Account attached hereto as Exhibit D. The supporting schedules are
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attached to said Summary of Account and incorporated herein by reference.
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4. Interest-Bearing Accounts. During the account period, all cash that was not invested
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was maintained in an interest-bearing account.
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5. Identity of Beneficiary. The sole beneficiary of the Trust is Avery. The Trust
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law corporation
terminates when Avery attains the age of 25. If Avery dies prior to attaining age 25, the assets are
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to be distributed to Avery’s issue.
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6. Change in Form of Assets. The change in form of assets are set forth in Exhibit E.
7 Bond Report. Petitioner has filed bond of $69,000.00 in the trust proceeding for the
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Thompson Trust. A true and correct copy of the bond is attached hereto as Exhibit F. The
FS
NO
calculation of the appropriate amount of bond is as follows:
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Market value of assets on hand $67,877.81
Ne
NO
Plus: annual income (approximate) $581.44
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NO
Total: ~ $68,459.25
FF
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Plus: 10% recovery fee $6,845.92
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Total: $75,305.17
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Petitioner is not requesting that his bond be increased because he is seeking to transfer the
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trust property to a jurisdiction outside of California, as set forth below.
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2
FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER
OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA
8. Liabilities of the Trust. There are no liabilities which are a lien on trust assets; there
HOS
are no taxes due but unpaid as shown on filed returns or assessments received subsequent to filing
of returns; there are no notes payable; and there are no judgments for which the trust is liable.
WY
9. Market Value of Assets. There were no assets on hand at the beginning of the'
Pe
account period, so there is no market value to report. The market value of assets at the end of the
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account period is shown on the schedule of Property on Hand at End of Account (Schedule F)
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attached to Exhibit D.
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10. Request to Transfer Proceedings to Colorado. Petitioner is a resident of Colorado
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and the principal place of administration of this Trust takes place in Colorado. The following
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information is provided as required by Probate Code section 17402:
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a. Name, Age, and Place of Residence of Trustee. The name of the trustee is
Bryan Healea, the Petitioner. Petitioner is 39 years old. Petitioner’s address is 15944 Wildhaven
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Lane, Colorado Springs, Colorado. (Prob. Code, § 17402, subd. (a)(1), (d).)
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b. Name, Age. and Place of Residence of Beneficiary. The name of the sole
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beneficiary of the Trust is Avery Healea, age 7, who resides at 15944 Wildhaven Lane, Colorado
law corporation
Springs, Colorado. (Prob. Code, § 17402, subd. (b).)
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c. Trustee’s Acceptance of Trust. Petitioner is the court-appointed trustee and
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already has accepted the Trust. Petitioner will administer the Trust in Colorado. (Prob. Code, §
17402, subd. (c):)
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d. Qualifications of Trustee. Petitioner has not previously administered a Trust.
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Petitioner is a parent of the beneficiary. (Prob. Code, § 17402, subd. (d).)
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e: Bond. The Colorado Trust Code will not require the posting of a bond by the
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BB
trustee. (Prob. Code, § 17402, subd. (d).)
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f. Value of Any Other Property. Petitioner is also the trustee of the Maren
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Healea Trust. The assets of the Maren Healea Trust are derived from the trust of the same settlor as
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the within Trust. Petitioner is also seeking to transfer administration of the Maren Healea Trust to
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Colorado. The Maren Healea Trust consists of investments and cash nearly identical to those held
in this Trust. As of September 30, 2023, the market value of the Maren Healea Trust is $67,907.60.
3
FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER
OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA
(Prob. Code, § 17402, subd. (e).)
—
g. Name of Court. Under the Colorado Trust Code, the Trust would not be
HO
subject to court supervision. Petitioner will be required to file a registration statement to confirm
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the jurisdiction of the Colorado court and select the Colorado Uniform Trust Code as the governing
BP
law moving forward. The court in Colorado would not take any affirmative steps to manage the trust
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unless it was requested to do so through the petition of a trustee or beneficiary. (Prob. Code, § 17402,
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subd. (f).)
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h. Character, Condition, Location, and Value of the Trust Property to be
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Transferred. The assets on hand are set forth in Schedule F to Exhibit E. (Prob. Code, § 17402,
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subd. (g).)
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i. Pending Civil Actions. There are no pending civil actions in California
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against Petitioner arising out of the administration of this Trust. (Prob. Code, § 17402, subd. (h).)
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j. Reason for Transfer. Petitioner and the lifetime beneficiary reside in
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Colorado. The amount of principal of the Trust is relatively small. It will be administered for
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another 18 years. Petitioner desires to preserve as much of the principal of the Trust for his daughter
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law corporation
as possible. The Colorado Trust Code will not require this Trust to be subject to the jurisdiction of
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the Court, except to the extent that Petitioner is to register the Trust and to confirm that it will be
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administered accordance to the Colorado Trust Code. Both Petitioner, as trustee, and the
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beneficiary, have the right to petition the Colorado Court concerning the administration of the Trust,
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should the need arise, similar to California.
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Petitioner requests that this Court authorize him to transfer the property held in the Avery
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Healea Trust to El Paso County, Colorado, to be administered in all respects according to the law of
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the State of Colorado, including accounting and bond provisions.
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11. Discharge of Bond. The assets already are held by Petitioner as trustee. Because
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there is no bond requirement under the Colorado Trust Code, Petitioner requests that, if this petition
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is granted, Petitioner’s bond filed in the matter of the Dee H. Thompson Trust, Sacramento County
DN
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Superior Court Case No. 34-2021-00305127, be discharged.
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12. Special Notice. No one has filed a request for special notice in this proceeding.
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FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER
OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA
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13. Entitlement to Notice. The following eee. is entitled
to notice of the hearing:-
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_____ Name
and Address Oo ae
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| Avedy Healea 'B fici
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| 15944 Wildhaven Lane er
Colorado Springs, CO 80921 3 ce a ye ts ee
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WHEREFORE, Petitioner requests an order of this court:
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1. Approving, allowing, and settling the first account and report of Bryan Healea as
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trustee in all respects as filed;
2. Confirming the acts and transactions of Bryan Healea as trustee and reported in the
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account and report;
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3. Transferring this trust administration to Colorado, to be administered in all respects
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in accordance with the Colorado Trust Code, including accounting and bond provisions;
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4. Discharging the bond of Bryan Healea; and
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5. Granting such other and further relief as the court considers proper.
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Dated: December |S, 2023 Sears / / ;
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Biyan Tea, Petitioner
law corporation
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LAW CORPORATION
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By:
COLBY CRAIG) = /U Attorney-in-Fact
BOND UPON QUALIFYING
Preview
Filed rior Court of California Sacramento & Carlena L. Tapella, State Bar No. 160263 $21 2023 weintraub tobin chediak coleman grodin sidlte LAW CORPORATION morans NH 400 Capitol Mall, 11th Floor By , Deputy Sacramento, CA 95814 eet geek ee WYO Telephone: (916) 558-6000 Z3PRO02121 Facsimile: (916) 446-1611 F&F Attorneys for Trustee Bryan Healea DA HN IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA Oo IN AND FOR THE COUNTY OF SACRAMENTO oOo In the Matter of Case No. 2% FZOOZ (2 et CO tobin chediak coleman grodin the AVERY HEALEA TRUST FIRST ACCOUNT AND REPORT OF KF& TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER OF HO TRUST PROPERTY TO COURT OF mk JURISDICTION OUTSIDE OF WO CALIFORNIA; FOR DISCHARGE OF BOND BR mm Hearing Date: . oi Ht OH Time: 209m ~=BY FAX law corporation Department: 129 DH weintraub Petitioner Bryan Healea alleges: HN 1. Trustee. Petitioner is the duly appointed and acting trustee of the Avery Healea Trust CO wm (“Trust”) established under the terms of the Dee H. Thompson Continuing Trust (“Thompson BO Trust”). Petitioner was appointed as the trustee of the Trust pursuant to court order made in the —NO CS matter of the Dee H. Thompson Continuing Trust, Sacramento County Superior Court Case No. 34- NO KF 2021-00305127. A true and correct copy of the court’s order is attached hereto as Exhibit A. The NY NO Thompson Trust was created pursuant to the terms of the Healea Family Trust (Survivor’s Trust) WY NO upon the death of Erma Healea. A true and correct copy of the Healea Family Trust (Survivor’s FP NO Trust) Trust is attached hereto as Exhibit B. A true and correct copy of the Amendment to the OH NO Healea Family Trust (Survivor’s Trust), in which the Thompson Trust is created, is attached hereto NY NO as Exhibit C. NO No ao 1 FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA = The Thompson Trust terminated upon the death of Dee H. Thompson and, pursuant to its | terms, the remaining assets were divided among the living great grandchildren of Gordon Healea. | HO Avery Healea (“Avery”) is a great grandchild of Gordon Healea. Avery is 7 years old. Her date of WY] birth is July 1, 2016. FR 2 Period of Account. The first account covers the period from May 16, 2022, through AO April 30 2023. Petitioner notes that the first account was ordered to be filed by February 28, 2023, DO for the account period ending December 31, 2022. However, distribution from the Thompson Trust SFI was not completed until August 2022. And, the initial checks to Petitioner as trustee had to be oe reissued due to delay in cashing the checks. Petitioner received the checks in March 2023. Co cs Summary of Account. Petitioner is chargeable, and is entitled to the credits, as set et CO weintraub tobin chediak coleman grodin forth in the Summary of Account attached hereto as Exhibit D. The supporting schedules are KH attached to said Summary of Account and incorporated herein by reference. NH 4. Interest-Bearing Accounts. During the account period, all cash that was not invested WHO mm was maintained in an interest-bearing account. F&F 5. Identity of Beneficiary. The sole beneficiary of the Trust is Avery. The Trust HW law corporation terminates when Avery attains the age of 25. If Avery dies prior to attaining age 25, the assets are DH to be distributed to Avery’s issue. BAN Re 6. Change in Form of Assets. The change in form of assets are set forth in Exhibit E. 7 Bond Report. Petitioner has filed bond of $69,000.00 in the trust proceeding for the CO Thompson Trust. A true and correct copy of the bond is attached hereto as Exhibit F. The FS NO calculation of the appropriate amount of bond is as follows: K HN Market value of assets on hand $67,877.81 Ne NO Plus: annual income (approximate) $581.44 WY NO Total: ~ $68,459.25 FF NO Plus: 10% recovery fee $6,845.92 WU NY Total: $75,305.17 Dn NY Petitioner is not requesting that his bond be increased because he is seeking to transfer the Nn NO trust property to a jurisdiction outside of California, as set forth below. ao bo 2 FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA 8. Liabilities of the Trust. There are no liabilities which are a lien on trust assets; there HOS are no taxes due but unpaid as shown on filed returns or assessments received subsequent to filing of returns; there are no notes payable; and there are no judgments for which the trust is liable. WY 9. Market Value of Assets. There were no assets on hand at the beginning of the' Pe account period, so there is no market value to report. The market value of assets at the end of the OWN account period is shown on the schedule of Property on Hand at End of Account (Schedule F) HN attached to Exhibit D. oN 10. Request to Transfer Proceedings to Colorado. Petitioner is a resident of Colorado eo and the principal place of administration of this Trust takes place in Colorado. The following oOo information is provided as required by Probate Code section 17402: et Sas tobin chediak coleman grodin a. Name, Age, and Place of Residence of Trustee. The name of the trustee is Bryan Healea, the Petitioner. Petitioner is 39 years old. Petitioner’s address is 15944 Wildhaven me Lane, Colorado Springs, Colorado. (Prob. Code, § 17402, subd. (a)(1), (d).) me a b. Name, Age. and Place of Residence of Beneficiary. The name of the sole “RSs em beneficiary of the Trust is Avery Healea, age 7, who resides at 15944 Wildhaven Lane, Colorado law corporation Springs, Colorado. (Prob. Code, § 17402, subd. (b).) weintraub te-R c. Trustee’s Acceptance of Trust. Petitioner is the court-appointed trustee and wm So already has accepted the Trust. Petitioner will administer the Trust in Colorado. (Prob. Code, § 17402, subd. (c):) oe d. Qualifications of Trustee. Petitioner has not previously administered a Trust. HNO SoS Petitioner is a parent of the beneficiary. (Prob. Code, § 17402, subd. (d).) NO e: Bond. The Colorado Trust Code will not require the posting of a bond by the KN BB trustee. (Prob. Code, § 17402, subd. (d).) HN f. Value of Any Other Property. Petitioner is also the trustee of the Maren & NH Healea Trust. The assets of the Maren Healea Trust are derived from the trust of the same settlor as NO & the within Trust. Petitioner is also seeking to transfer administration of the Maren Healea Trust to NO SS Colorado. The Maren Healea Trust consists of investments and cash nearly identical to those held in this Trust. As of September 30, 2023, the market value of the Maren Healea Trust is $67,907.60. 3 FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA (Prob. Code, § 17402, subd. (e).) — g. Name of Court. Under the Colorado Trust Code, the Trust would not be HO subject to court supervision. Petitioner will be required to file a registration statement to confirm WD the jurisdiction of the Colorado court and select the Colorado Uniform Trust Code as the governing BP law moving forward. The court in Colorado would not take any affirmative steps to manage the trust wn unless it was requested to do so through the petition of a trustee or beneficiary. (Prob. Code, § 17402, DR subd. (f).) IN h. Character, Condition, Location, and Value of the Trust Property to be Oo Transferred. The assets on hand are set forth in Schedule F to Exhibit E. (Prob. Code, § 17402, o subd. (g).) OC ete tobin chediak coleman grodin i. Pending Civil Actions. There are no pending civil actions in California KF against Petitioner arising out of the administration of this Trust. (Prob. Code, § 17402, subd. (h).) NHB ee j. Reason for Transfer. Petitioner and the lifetime beneficiary reside in WOW ig Colorado. The amount of principal of the Trust is relatively small. It will be administered for BP pe nS another 18 years. Petitioner desires to preserve as much of the principal of the Trust for his daughter WwW law corporation as possible. The Colorado Trust Code will not require this Trust to be subject to the jurisdiction of DH et weintraub the Court, except to the extent that Petitioner is to register the Trust and to confirm that it will be NQ a administered accordance to the Colorado Trust Code. Both Petitioner, as trustee, and the Oo beneficiary, have the right to petition the Colorado Court concerning the administration of the Trust, Oo Bi should the need arise, similar to California. GS Petitioner requests that this Court authorize him to transfer the property held in the Avery S|§ IRIN Healea Trust to El Paso County, Colorado, to be administered in all respects according to the law of NY the State of Colorado, including accounting and bond provisions. BW 11. Discharge of Bond. The assets already are held by Petitioner as trustee. Because FF there is no bond requirement under the Colorado Trust Code, Petitioner requests that, if this petition AW is granted, Petitioner’s bond filed in the matter of the Dee H. Thompson Trust, Sacramento County DN RR Superior Court Case No. 34-2021-00305127, be discharged. nN I BD > 12. Special Notice. No one has filed a request for special notice in this proceeding. ao 4 FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT; FOR TRANSFER OF TRUST PROPERTY TO COURT OF JURISDICTION OUTSIDE OF CALIFORNIA fi 13. Entitlement to Notice. The following eee. is entitled to notice of the hearing:- em _____ Name and Address Oo ae LD | Avedy Healea 'B fici DO | 15944 Wildhaven Lane er Colorado Springs, CO 80921 3 ce a ye ts ee BR WHEREFORE, Petitioner requests an order of this court: OH 1. Approving, allowing, and settling the first account and report of Bryan Healea as NN trustee in all respects as filed; 2. Confirming the acts and transactions of Bryan Healea as trustee and reported in the Oo account and report; oO 3. Transferring this trust administration to Colorado, to be administered in all respects OO bt weintraub tobin chediak coleman grodin in accordance with the Colorado Trust Code, including accounting and bond provisions; &* _— 4. Discharging the bond of Bryan Healea; and NY _— 5. Granting such other and further relief as the court considers proper. Ww — Dated: December |S, 2023 Sears / / ; B® ee pon. f eAlte— ft vA Biyan Tea, Petitioner law corporation An — weintraub tobin chediak coleman grodin ~ _ LAW CORPORATION BS 1 ® By: COLBY CRAIG) = /U Attorney-in-Fact BOND UPON QUALIFYING