IN RE THE ALVIN AND LEDLIE CORSE LIVING TRUST DATED SEPTEMBER 27, 2019

2026PRTR065586: IN RE THE ALVIN AND LEDLIE CORSE LIVING TRUST DATED SEPTEMBER 27, 2019 08/05/2026 in Department J6 Hearing on Petition to Determine Trust Property and Order Transferring Property to the Trust

Notice to Wells Fargo Bank and Charles Schwab must be given in the manner provided in Chapter 4 (commencing with Section 413.10) in Title 5 of Part 2 of the Code of Civil Procedure. (Prob. Code, § 851, subd. (a)(2).) This does not mean that a summons should be served but rather that the manner of service must be the same as for a summons (e.g., personal service, leaving and mailing copies, or by mail with notice and acknowledgement of receipt).

A basic principle of trust law is that one cannot declare a trust over property not yet acquired. (See Restatement (Third) of Trusts, § 41 ["An expectation or hope of receiving property in the future, or an interest that has not come into existence or has ceased to exist, cannot be held in trust."].) To include property acquired after the date of execution of a trust, a periodic trust amendment is needed "to capture any later acquired items not titled in the name of the trust." (Kucker v. Kucker (2011) 192 Cal.App.4th 90, 95.) A new general assignment of the assets would also suffice.

Here, the Declaration of Trust was executed on 9/27/19. (Petition, Exh. D.) Did the settlor(s) own the financial accounts at issue as of 9/17/19? If so, Petitioner is directed to serve and file a verified supplement providing that evidence. Is anyone objecting?

1