Nature of Proceedings: PETITION: TO REMOVE TRUSTEE & APPOINT SUCCESSOR TRUSTEE
This court lacks jurisdiction over the internal affairs of this trust, and, therefore, the court denies the petition without prejudice to filing a petition in the Los Angeles Superior Court.
Under Prob. Code § 17000(a) ?the superior court having jurisdiction over the trust? has exclusive jurisdiction over proceedings concerning the internal affairs of trusts. A petition to remove and/or appoint a trustee is a proceeding concerning the internal affairs of a trust. Prob. Code § 17200(b)(10). The proper county for commencement of this action relating to a testamentary trust is either the county where the decedent?s estate is administered or the principal place of administration ? both of which are in Los Angeles County in this instance. Prob. Code §§ 17002(a) and 17005(a)(2). The court possessing exclusive jurisdiction is the Superior Court in the county in which the trustee carries on the day-to-day
Hearing Date
October 04, 2007
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Nature of Proceedings: PETITION: TO REMOVE TRUSTEE & APPOINT SUCCESSOR TRUSTEE
This court lacks jurisdiction over the internal affairs of this trust, and, therefore, the court denies the petition without prejudice to filing a petition in the Los Angeles Superior Court.
Under Prob. Code § 17000(a) ?the superior court having jurisdiction over the trust? has exclusive jurisdiction over proceedings concerning the internal affairs of trusts. A petition to remove and/or appoint a trustee is a proceeding concerning the internal affairs of a trust. Prob. Code § 17200(b)(10). The proper county for commencement of this action relating to a testamentary trust is either the county where the decedent?s estate is administered or the principal place of administration ? both of which are in Los Angeles County in this instance. Prob. Code §§ 17002(a) and 17005(a)(2). The court possessing exclusive jurisdiction is the Superior Court in the county in which the trustee carries on the day-to-day