Petition seeking appointment of trustee and reasonable compensation
July 13, 2026 Dept. 9 Probate Tentative Rulings
11. 26PR0152 RE: JOYCE MARIE LANG LIVING TRUST, AKA: LANG LIVING TRUST PETITION SEEKING APPOINTMENT OF TRUSTEE AND REASONABLE COMPENSATION
Petitioner, Lori Kocher (“Petitioner”), filed a petition to appoint a successor trustee as there is currently a vacancy and the only named successor trustee under the Trust has died, and no other person or entity is serving or able to act as trustee.
Probate Code § 15660 (a) If the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled, the vacancy shall be filled as provided in this section. (b) If the trust instrument provides a practical method of appointing a trustee or names the person to fill the vacancy, the vacancy shall be filled as provided in the trust instrument. (c) If the vacancy in the office of trustee is not filled as provided in subdivision (b), the vacancy may be filled by a trust company that has agreed to accept the trust on agreement of all adult beneficiaries who are receiving or are entitled to receive income under the trust or to receive a distribution of principal if the trust were terminated at the time the agreement is made.
If a beneficiary has a conservator, the conservator may agree to the successor trustee on behalf of the conservatee without obtaining court approval. Without limiting the power of the beneficiary to agree to the successor trustee, if the beneficiary has designated an attorney in fact who has the power under the power of attorney to agree to the successor trustee, the attorney in fact may agree to the successor trustee. (d) If the vacancy in the office of trustee is not filled as provided in subdivision (b) or (c), on petition of any interested person or any person named as trustee in the trust instrument, the court may, in its discretion, appoint a trustee to fill the vacancy.
If the trust provides for more than one trustee, the court may, in its discretion, appoint the original number or any lesser number of trustees. In selecting a trustee, the court shall give consideration to any nomination by the beneficiaries who are 14 years of age or older.
Proof of service of notice was filed on May 29, 2026. // //
July 13, 2026 Dept. 9 Probate Tentative Rulings
MODIFICATION OF TRUST Petitioner seeks a modification of the trust to have the ability to receive compensation. The Trust currently provides, “The Trustee shall receive no compensation for services as Trustee under this Declaration.” Petitioner is not a beneficiary of the trust.
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The Trust requires ongoing administration including managing and safeguarding Trust assets, maintaining records, preparing accountings, coordinating tax compliance, communicating with beneficiaries, and engaging professionals as needed. Petitioner asserts performing these substantial fiduciary services warrant reasonable compensation consistent with customary standards for trustees administering trusts of similar size and complexity in California.
Petitioner believes without reasonable compensation: 1. Trustee may be unwilling or unable to continue serving, risking disruption to Trust administration; 2. It may be difficult to recruit or retain qualified successor trustees in the future; 3. The trust may incur greater expense and delay due to the need for repeated court involvement or trustee turnover; 4. The requested modification is administrative in nature and is intended to facilitate proper Trust administration and to further the Trust’s purposes; and 5. The requested modification does not change the nature of the trust as it was drafted gifting the trust assets to the solely named successor trustee and thus there was no need to have compensation.
Probate Code § 15680 (a) Subject to subdivision (b), and except as provided in Section 15688, if the trust instrument provides for the trustee's compensation, the trustee is entitled to be compensated in accordance with the trust instrument. (b) Upon proper showing, the court may fix or allow greater or lesser compensation than could be allowed under the terms of the trust in any of the following circumstances: (1) Where the duties of the trustee are substantially different from those contemplated when the trust was created. (2) Where the compensation in accordance with the terms of the trust would be inequitable or unreasonably low or high. (3) In extraordinary circumstances calling for equitable relief.
July 13, 2026 Dept. 9 Probate Tentative Rulings
(c) An order fixing or allowing greater or lesser compensation under subdivision (b) applies only prospectively to actions taken in administration of the trust after the order is made. (emphasis added)
In Thorpe v. Reed (2012) 211 Cal.App,4th 1381, the court held that where the trust instrument specifically states that a successor trustee is not entitled to compensation, and the trustee unconditionally accepted the appointment by performing duties, the trustee is bound by the no compensation clause. “If a trust contains a fee clause that a potential successor trustee believes will provide inequitably low compensation, the trustee should either condition acceptance on modification of the clause by the court or should refuse to accept the appointment until the current trustee has obtained a modification.”].) “However this may be, the [trust] having limited the amount which [plaintiff] should receive as compensation for [his] services ... and [plaintiff] having accepted the[] trust, [he is] bound thereby, and the order of the court allowing [him] a greater amount is without authority.” (Estate of Whitney, supra, at p. 650, 248 P. 754.)
Id. at 1393
Here, Petitioner seeks appointment as successor trustee while simultaneously requesting reasonable compensation due to the fact that the Trust prohibits compensation. The Court finds that such circumstances exist to allow for reasonable compensation pursuant to Probate Code § 15680.
TENTATIVE RULING #11: ABSENT OBJECTION THE PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE IS GRANTED AS REQUESTED. ANY PERSON WHO HAS AN OBJECTION MAY MAKE IT ANY TIME, EVEN ORALLY AT THE HEARING (PROBATE CODE § 1043). PETITIONER’S REQUEST FOR MODIFICATION OF THE TRUST TO AUTHORIZE REASONABLE COMPENSATION IS GRANTED.
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 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 22
July 13, 2026 Dept. 9 Probate Tentative Rulings
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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