Nature of Proceedings: Petition to Determine Beneficiaries and Distribution

UPDATED 1/10/2020 AT 12:30 P.M.

Appearances required. Any respondents must file a written objection before the hearing. The court has authority to require all objectors to file a written objection pursuant CRC, Rule 7.801, or else deem the failure to do so a waiver.

The following is noted for the court:

Petitioner failed to discuss a crucial step in the analysis as to how the trust distribution fails and just what procedure must be followed in order to distribute the trust. As a result of the analysis below, it appears the trust must be distributed to the estate of the “decedent” according to Probate Code section 21111(c). However, as noted below, who “decedent” is must be briefed further by petitioner.

The trust provisions are initially governed by Probate Code sections 21110 and 21111:

Section 21110 is known as an “antil........