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ADAM M. HORN, ESQ. (SBN -23374t)
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GRIFFITH & HORN, LLP
2 1530 Humboldt Road, Suite 3
Chico, California 95928
J Telephone: (530) 812-1000
3/26/2024
Email : adam@adamhornlaw. com
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Attorney for Petitioner,
5 GLEN EATON
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8 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF BUTTE
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11 In Re: ) Case No. 24PR00136
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t2 THB CHARM A. JONES 2013 ) PETITION TO CONF'IRM
REVOCABLE TRUST FBO WILLIAM J ) APPOINTMENT OF SUCCESSOR
t3 DE PARCQ,II ) TRUSTEE
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t4 ) Probate Code $ 17200
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15 ) Date: April1o,2o2+
Glen Eaton, Petitioner ) Time: 9:00 a.m.
16 ) Dept: TBD
)
T7 )
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Petitioner GLEN EATON, Trustee alleges as follows:
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CAPACITY OF THE PARTIES AND RELEVANT FACTS
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1. On or about December 12,2013, CHARM A. JONES executed and established THE
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CHARM A. JONES 201 3 REVOCABLE TRUST (hereinafter the "Trust"), a true and correct copy of
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which is attached hereto as Exhibit "I" and incorporated herein by reference.
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2. On or about November 19, 2018, CHARM A. JONES amended the Trust in part and
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confirmed the remainder of the Trust (the "First Amendment"). A true and correct copy of the First
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Amendment is attachedhereto as Exhibit "2" and incorporatedhereinbyreference. (The Trust and First
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Amendment together are hereinafter sometimes referred to as "THE CHARM JONES TRUST").
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3. The terms of THE CHARM JONES TRUST as amended in Article 6, Section 6.01 name
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Petition to Confirm Appointment of Successor Trustee
I CHARM A. JONES and her daughter ANA MARIE JOHNSON (formerly known as ANA MARIE
2 BELVEDERE) to serve as Co-Trustees of the Trust, with ANA MARIE JOHNSON to serve alone as
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J successor trustee if CHARM A. JONES is incapacitated. ln the event ANA MARIE JOHNSON is
4 unable or unwilling to act as successor trustee then "a professional fiduciary successor trustee shall be
5 appointed by the court."
6 4. ANA MARIE JOHNSON died on September 9,2021.
7 5. CHARM A. JONES died on September 1,2023.
8 6. On January 24,2023,pursuant to Court Order in Butte County Superior Court Case No.
9 22PR00664, Petitioner, a licensed professional fiduciary, was confirmed as Successor Trustee of The
10 CharmA. Jones Revocable Trust, dated December2,2013, withno bondrequired. A copyofthe Court
11 Order is attached hereto as Exhibit "3" and incorporated herein by reference. At all times since,
I2 Petitioner has been acting as Trustee of THE CHARM JONES TRUST.
13 7. Pursuant to Section 5.03 of the Trust, distributions to beneficiaries under age25 areto
I4 be held in a separate trust for the benefit of that beneficiary. The Trust has one beneficiary under age
15 25 narned WILLIAM J. DE PARCQ IL The name of this separate trust is THE CHARM A. JONES
16 2013 REVOCABLE TRUST FBO WILLIAM J. DE PARCQ II (sometimes referedto herein as "THE
I7 DEPARCQ TRUST").
18 8. GLEN EATON has nearly completed the administration of THE CHARM JONES
T9 TRUST, including distributions to the beneficiaries, and has established THE DEPARCQ TRUST
20 to hold WILLIAM J. DE PARCQ II's distributive share. However, GLEN EATON does not wish to
21 be Trustee of THE DEPARCQ TRUST for the next approximate 4 years until WILIAM J. DE
22 PARCQ II turns 25
23 9. Per the terms of the underlying CHARM JONES TRUST, a professional fiduciary
24 successor trustee shall be appointed by the court in the event there is no longer a Trustee of the
25 Trust.
26 STANDING
27 10. Petitioner is GLEN EATON, the current trustee of the Trust. Petitioner has standing
28 to bring this Petition pursuant to Probate Code $ 17200(a).
Petition to Confirm Appointment of Successor Trustee 2
I VENUE AND JURISDICTION
2 11. Venue for this proceeding is proper in Butte County because the decedent's
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J residence and Trust property was located at 40 Pebblewood Pines Drive, Chico, CA in Butte
4 County. The Trust's principal place of business and administration is in Butte County.
5 REQUESTED RELIEF
6 12. Petitioner nominates and requests pursuant to Probate Code $ 17200(b)(10) and
7 Article 6, Section 6.01 of the Trust as first amended that CRYSTAL COATS, California Licensed
8 Professional Fiduciary, License No. PF 1378, is confirmed to act as the trustee of THE CHARM A.
9 JONES 2013 REVOCABLE TRUST FBO WILLIAM J. DE PARCQ II to serve without bond. ln
l0 discussions with Petitioner and Petitioner's attorney, CRYSTAL COATS has agreed to serve as
11 Trustee if appointed.
t2 NAMES AND ADDRESSES OF PERSONS BNTITLED TO NOTICE
l3 13. The names and addresses of the persons entitled to notice of this Petition are as
t4 follows:
15 A. PAUL BELVEDERE, Beneficiary,
566 S,2280W,
l6 Provo, UT 84601
l7 B. WILLIAM J. DE PARCQ II, Beneficiary,
Columbia Ave.
11 18 East
18 Spokane, WA 99208;
t9 C. GLEN EATON, California Licensed Professional Fiduciary,
License No. PF 740, Trustee
20 P.O. Box 1085,
Chico, CA95927
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D CRYSTAL COATS, California Licensed Professional Fiduciary,
22 License No. PF 1378, proposed successor trustee,
P.O. Box 8749
23 Chico, CA95927
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14. No request for special notice has been filed in this proceeding.
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\ryHEREFORE, Petitioner request the following:
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Petition to Confirm Appointment of Successor Trustee J
1 L That the Court accept the resignation of GLEN EATON, California Licensed
2 Professional Fiduciary, License No. PF 740, as the Trustee of THE CHARM A. JONES 2013
J REVOCABLE TRUST FBO WILLIAM J. DE PARCQ II.
4 2. That the Court confirm CRYSTAL COATS, California Licensed Professional Fiduciary,
5 License No. PF 1378, to act as the Trustee of THE CHARM A. JONES 2013 REVOCABLE
6 TRUST FBO WILLIAM J. DE PARCQ II.
7 3. For such other and further relief as the Court deems just and proper
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HORN, LLP
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10 DATED: March'7- lo, 2024. By
11 Attorney for Petitioner
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Petition to Confirm Appointment of Successor Trustee 4
I VERIFICATION
2 I have read the foregoing PETITION TO CONFIRM APPOINTMENT OF SUCCESSOR
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J TRUSTEE and know the contents therein. The same is true of my own personal knowledge, save
4 and except, those maters alleged upon my information and belief and as to those matters, I believe
5 them to be true.
6 I declare under penalty of perjury under the laws of the State of California that the foregoing
7 is true and correct, and that this document is signed by me in Forest Ranch, CA, on the date set forth
8 below.
9 DATED: March 15,2024 By:
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Petition to Confirm Appointment of Successor Trustee 5
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ADAM M. HORN, ESQ. (SBN -23374t) 1 GRIFFITH & HORN, LLP 2 1530 Humboldt Road, Suite 3 Chico, California 95928 J Telephone: (530) 812-1000 3/26/2024 Email : adam@adamhornlaw. com 4 Attorney for Petitioner, 5 GLEN EATON 6 7 8 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF BUTTE 10 11 In Re: ) Case No. 24PR00136 ) t2 THB CHARM A. JONES 2013 ) PETITION TO CONF'IRM REVOCABLE TRUST FBO WILLIAM J ) APPOINTMENT OF SUCCESSOR t3 DE PARCQ,II ) TRUSTEE ) t4 ) Probate Code $ 17200 ) 15 ) Date: April1o,2o2+ Glen Eaton, Petitioner ) Time: 9:00 a.m. 16 ) Dept: TBD ) T7 ) 18 Petitioner GLEN EATON, Trustee alleges as follows: l9 CAPACITY OF THE PARTIES AND RELEVANT FACTS 20 1. On or about December 12,2013, CHARM A. JONES executed and established THE 2t CHARM A. JONES 201 3 REVOCABLE TRUST (hereinafter the "Trust"), a true and correct copy of 22 which is attached hereto as Exhibit "I" and incorporated herein by reference. 23 2. On or about November 19, 2018, CHARM A. JONES amended the Trust in part and 24 confirmed the remainder of the Trust (the "First Amendment"). A true and correct copy of the First 25 Amendment is attachedhereto as Exhibit "2" and incorporatedhereinbyreference. (The Trust and First 26 Amendment together are hereinafter sometimes referred to as "THE CHARM JONES TRUST"). 27 3. The terms of THE CHARM JONES TRUST as amended in Article 6, Section 6.01 name 28 Petition to Confirm Appointment of Successor Trustee I CHARM A. JONES and her daughter ANA MARIE JOHNSON (formerly known as ANA MARIE 2 BELVEDERE) to serve as Co-Trustees of the Trust, with ANA MARIE JOHNSON to serve alone as a J successor trustee if CHARM A. JONES is incapacitated. ln the event ANA MARIE JOHNSON is 4 unable or unwilling to act as successor trustee then "a professional fiduciary successor trustee shall be 5 appointed by the court." 6 4. ANA MARIE JOHNSON died on September 9,2021. 7 5. CHARM A. JONES died on September 1,2023. 8 6. On January 24,2023,pursuant to Court Order in Butte County Superior Court Case No. 9 22PR00664, Petitioner, a licensed professional fiduciary, was confirmed as Successor Trustee of The 10 CharmA. Jones Revocable Trust, dated December2,2013, withno bondrequired. A copyofthe Court 11 Order is attached hereto as Exhibit "3" and incorporated herein by reference. At all times since, I2 Petitioner has been acting as Trustee of THE CHARM JONES TRUST. 13 7. Pursuant to Section 5.03 of the Trust, distributions to beneficiaries under age25 areto I4 be held in a separate trust for the benefit of that beneficiary. The Trust has one beneficiary under age 15 25 narned WILLIAM J. DE PARCQ IL The name of this separate trust is THE CHARM A. JONES 16 2013 REVOCABLE TRUST FBO WILLIAM J. DE PARCQ II (sometimes referedto herein as "THE I7 DEPARCQ TRUST"). 18 8. GLEN EATON has nearly completed the administration of THE CHARM JONES T9 TRUST, including distributions to the beneficiaries, and has established THE DEPARCQ TRUST 20 to hold WILLIAM J. DE PARCQ II's distributive share. However, GLEN EATON does not wish to 21 be Trustee of THE DEPARCQ TRUST for the next approximate 4 years until WILIAM J. DE 22 PARCQ II turns 25 23 9. Per the terms of the underlying CHARM JONES TRUST, a professional fiduciary 24 successor trustee shall be appointed by the court in the event there is no longer a Trustee of the 25 Trust. 26 STANDING 27 10. Petitioner is GLEN EATON, the current trustee of the Trust. Petitioner has standing 28 to bring this Petition pursuant to Probate Code $ 17200(a). Petition to Confirm Appointment of Successor Trustee 2 I VENUE AND JURISDICTION 2 11. Venue for this proceeding is proper in Butte County because the decedent's ô J residence and Trust property was located at 40 Pebblewood Pines Drive, Chico, CA in Butte 4 County. The Trust's principal place of business and administration is in Butte County. 5 REQUESTED RELIEF 6 12. Petitioner nominates and requests pursuant to Probate Code $ 17200(b)(10) and 7 Article 6, Section 6.01 of the Trust as first amended that CRYSTAL COATS, California Licensed 8 Professional Fiduciary, License No. PF 1378, is confirmed to act as the trustee of THE CHARM A. 9 JONES 2013 REVOCABLE TRUST FBO WILLIAM J. DE PARCQ II to serve without bond. ln l0 discussions with Petitioner and Petitioner's attorney, CRYSTAL COATS has agreed to serve as 11 Trustee if appointed. t2 NAMES AND ADDRESSES OF PERSONS BNTITLED TO NOTICE l3 13. The names and addresses of the persons entitled to notice of this Petition are as t4 follows: 15 A. PAUL BELVEDERE, Beneficiary, 566 S,2280W, l6 Provo, UT 84601 l7 B. WILLIAM J. DE PARCQ II, Beneficiary, Columbia Ave. 11 18 East 18 Spokane, WA 99208; t9 C. GLEN EATON, California Licensed Professional Fiduciary, License No. PF 740, Trustee 20 P.O. Box 1085, Chico, CA95927 2t D CRYSTAL COATS, California Licensed Professional Fiduciary, 22 License No. PF 1378, proposed successor trustee, P.O. Box 8749 23 Chico, CA95927 24 14. No request for special notice has been filed in this proceeding. 25 \ryHEREFORE, Petitioner request the following: 26 27 28 Petition to Confirm Appointment of Successor Trustee J 1 L That the Court accept the resignation of GLEN EATON, California Licensed 2 Professional Fiduciary, License No. PF 740, as the Trustee of THE CHARM A. JONES 2013 J REVOCABLE TRUST FBO WILLIAM J. DE PARCQ II. 4 2. That the Court confirm CRYSTAL COATS, California Licensed Professional Fiduciary, 5 License No. PF 1378, to act as the Trustee of THE CHARM A. JONES 2013 REVOCABLE 6 TRUST FBO WILLIAM J. DE PARCQ II. 7 3. For such other and further relief as the Court deems just and proper 8 HORN, LLP 9 10 DATED: March'7- lo, 2024. By 11 Attorney for Petitioner t2 13 T4 15 I6 T7 18 t9 20 2I 22 23 24 25 26 27 28 Petition to Confirm Appointment of Successor Trustee 4 I VERIFICATION 2 I have read the foregoing PETITION TO CONFIRM APPOINTMENT OF SUCCESSOR a J TRUSTEE and know the contents therein. The same is true of my own personal knowledge, save 4 and except, those maters alleged upon my information and belief and as to those matters, I believe 5 them to be true. 6 I declare under penalty of perjury under the laws of the State of California that the foregoing 7 is true and correct, and that this document is signed by me in Forest Ranch, CA, on the date set forth 8 below. 9 DATED: March 15,2024 By: 10 11 12 13 I4 15 I6 l7 18 t9 20 2l 22 23 24 25 26 27 28 Petition to Confirm Appointment of Successor Trustee 5