Petition to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Revocable Trust
July 13, 2026 Dept. 9 Probate Tentative Rulings
3. Confirm the Schwab accounts are assets of the Trust to be held, administered and distributed by Carole Goold, as the current acting trustee, under the terms of the Trust.
Probate Code § 17200, in part, provides: (a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust. (b) Proceedings concerning the internal affairs of a trust include, but are not limited to, proceedings for any of the following purposes: (3) Determining the validity of a trust provision. (5) Settling the accounts and passing upon the acts of the trustee, including the exercise of discretionary powers. (10) Appointing or removing a trustee.
The Amendment and Restatement of the Carr Family Revocable Trust Article Two, section 2.1 provides: 2.1 Definition of Trust Estate All property subject to this instrument from time to time is referred as the “trust estate” and shall be held, administered, and distributed as provided in this instrument. The trustee shall hold, administer, and distribute the property in the Schedule of Community Property Assets (which are attached hereto and made part of this trust instrument), any other property that may be hereafter subject to this trust, and the income and proceeds attributable to all such property, in accordance with the provisions of this instrument. Schedule A includes “All Investment Accounts with Charles Schwab: Acct No.: 1119-6345, 2122-6352, 2122-6358, 2122-6365, 2124-9819, 2124-9820.”
Section 1.4 of the Trust instructs Carole Goold to be successor trustee in the event of a vacancy. Section 1.5 of the Trust provides for Mrs. Carr’s resignation as trustee effective immediately. An Acceptance of Trustee was signed by Carole Goold.
TENTATIVE RULING #13: ABSENT OBJECTION THE PETITION IS GRANTED AS REQUESTED. ANY PERSON WHO HAS AN OBJECTION MAY MAKE IT ANY TIME, EVEN ORALLY AT THE HEARING (PROBATE CODE § 1043). NO HEARING ON THIS MATTER WILL BE HELD UNLESS A REQUEST FOR ORAL ARGUMENT IS TRANSMITTED ELECTRONICALLY THROUGH THE COURT’S WEBSITE OR BY TELEPHONE TO THE
July 13, 2026 Dept. 9 Probate Tentative Rulings
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COURT AT (530) 621-6551 BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; LOCAL RULE 8.05.07; SEE ALSO LEWIS V. SUPERIOR COURT, 19 CAL.4TH 1232, 1247 (1999).
NOTICE TO ALL PARTIES OF A REQUEST FOR ORAL ARGUMENT AND THE GROUNDS UPON WHICH ARGUMENT IS BEING REQUESTED MUST BE MADE BY TELEPHONE OR IN PERSON BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. CAL. RULE CT. 3.1308; EL DORADO COUNTY LOCAL RULE 8.05.07. PROOF OF SERVICE OF SAID NOTICE MUST BE FILED PRIOR TO OR AT THE HEARING.
LONG CAUSE HEARINGS MUST BE REQUESTED BY 4:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED AND THE PARTIES ARE TO PROVIDE THE COURT WITH THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. LONG CAUSE ORAL ARGUMENT REQUESTS WILL BE SET FOR HEARING ON ONE OF THE THREE MUTUALLY AGREEABLE DATES ON FRIDAY AFTERNOONS AT 2:30 P.M. THE COURT WILL ADVISE THE PARTIES OF THE LONG CAUSE HEARING DATE AND TIME BY 5:00 P.M. ON THE DAY THE TENTATIVE RULING IS ISSUED. PARTIES MAY PERSONALLY APPEAR AT THE HEARING.
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