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TWELFTH ACCOUNT AND REPORT OF TRUSTEE; PETITION FOR SETTLEMENT OF ACCOUNT, AND FOR APPROVAL OF TRUSTEE FEES
In the Matter of the Melvin D. Cooke Trust 26-65041
TWELFTH ACCOUNT AND REPORT OF TRUSTEE; PETITION FOR SETTLEMENT OF ACCOUNT, AND FOR APPROVAL OF TRUSTEE FEES
TENTATIVE RULING: The matter is CONTINUED to June 4, 2026, at 8:30 a.m. in Dept. B. Petitioner is directed to file and serve, no later than May 27, 2026, a declaration further explaining the Trustee Compensation provided in Paragraph 14 of the Petition.
Trustee contends he is entitled to $47,675 in compensation. (Pet., ¶ 14.) It appears this amount is comprised of:
1. $32,800 for reimbursement of amount that Trustee paid to the Trust’s Raymond James account on November 17, 2025 as purportedly set forth on Schedule A, plus 2. $14,875.00 that is made up of Trustee’s 1% fee of the 2025 value of the Trust (= $17,465.99), less the amount he was purportedly already paid in 2025 (= $2,509.99).
(Ibid.)
With respect to the first item for $32,800 paid by the Trustee, the Court’s review of the Schedule A Receipts only shows a payment of $16,400.00 by Frank Toller on November 17, 2025. (See 12th Accounting, PDF p. 20.)
With respect to the second item for $14,875.00, the second piece—$2,509.99—appears to be inaccurately calculated. That amount begins with an acknowledgement that Trustee was paid $35,809.00 in 2025 as purportedly shown on the Disbursements Schedule. (Pet., ¶ 14.) He contends this amount should be reduced based on amounts he was owed in 2023 for the 10th Accounting ($2,454.11) and in 2024 for the 11th Accounting ($30,763.90), for a total reduction of $33,218.01. (Ibid.) Thus, Trustee contends, with those credits, he was only paid $2,509.00 [= $35,809.00 paid in 2025 - $33,218.01 owed in prior Accountings]. (Id.)
First, with respect to the amounts purportedly owed from the 10th and 11th Accountings, the $30,763.90 owed from the 11th Accounting included the amount of $2,454.11 owed from the 10th Accounting. (See 11th Accounting, filed 5/8/25, ¶ 14; Order for Approval of 11th Account, filed 6/10/25.) Thus, the 11th Accounting did not award Trustee $33,218.01 [= $2,454.11 +$30,763.90], but rather $30,763.90.
Second, with respect to the $35,809.00 that Trustee states he was paid in 2025, the Court’s review of the Disbursements Schedule covering 1/1/25 through 12/31/25 only shows a total of $17,904.50 paid to Frank Toller. (See 12th Accounting, PDF p. 22.)
Based on the foregoing, the balance owing to Trustee, as reflected by the Petition, is $12,859.40 [= $30,763.90 amount owed from 10th and 11th Accountings - $17,904.50 amount paid to Trustee in 2025].
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The Court’s review therefore results in an amount of $46,725.39 being owed to Trustee as compensation [= $16,400.00 as reimbursement of amount that Trustee paid to the Trust’s Raymond James account on November 17, 2025 as set forth on Schedule A + $17,904.50 as Trustee’s 1% fee of the 2025 value of the Trust + $12,859.40 as amount owing from 10th and 11th Accountings less amount paid to Trustee in 2025].
Although the discrepancy between Petitioner’s request for compensation and the Court’s calculation is negligible, the underlying amounts are significantly off. Thus, the Court wants to ensure it has all appropriate and accurate records before it. The Court further wants to better understand the purpose of Trustee making a payment to the Trust’s Raymond James account for “partial refund of trustee fees,” for which Trustee now seeks reimbursement.
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