IN RE: BETTY CARLSON FAMILY LIVING TRUST
Case Information
Motion(s)
Petition for Approval of Settlement Agreement and Mutual Release
Motion Type Tags
Petition
Ruling
CASE NUMBER: 24PB-0032631 This matter is on calendar for further proceedings regarding several pending Petitions. At the last hearing, Counsel informed the Court that the parties have resolved the issues with mediation. This matter is also on calendar for hearing on a Petition for Approval of Settlement Agreement and Mutual Release, Request for Order Authorizing Implementation of Settlement and Retaining Jurisdiction. The matter has been properly noticed with proof of service on file. No objections have been raised. Section V(A) of the Trust lists all beneficiaries. Page 8, section IV titled “Distribution of Trust Property Upon Death of Grantor,” states, “[u]pon the death of the grantor, the trustee shall distribute the trust property outright to the beneficiaries named, subject to any provisions in this Declaration of Trust.” The Trust does not provide for any specific distributions and does not grant the trustees the power to distribute trust assets in any other manner than that described above. The Settlement Agreement provides for the distribution of trust assets; however, the agreement has only been signed by the five trustees. The Court will require an agreement by all beneficiaries whose interest is affected by the proposed distribution.
The matter is continued to Monday, June 29, 2026, at 2:30 p.m. in Department 44 for further proceedings regarding the pending Petitions and the Petition for Approval of Settlement Agreement. An amended Petition is required to be filed with a Settlement Agreement signed by all beneficiaries. Petitioner is required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the Petition, on all parties entitled to notice. No appearance is necessary on today’s calendar.
IN RE: THE DUNGAN FAMILY TRUST DATED DECEMBER 21, 2017