Petition to Compel Accounting; to Compel Distribution of Trust Assets; to Suspend and Remove Trustee
July 27, 2026 Dept. 9 Probate Tentative Rulings
9. 26PR0172 IN THE MATTER OF GINGER S. LONG PETITION HEARING
On June 9, 2026, Petitioner, Ginger S. Long (“Petitioner”), filed a Petition to Compel Accounting; to Compel Distribution of Trust Assets; to Suspend and Remove Trustee; to Prohibit Kathleen Dolan from Defending the Petition at the Trust’s Expense. A Proof of Service was filed on June 16, 2026. No opposition has been received. Petitioner is one of four remainder beneficiaries of the Clayetta H. Spelt Revocable Family Trust dated April 16, 2015, as amended (the “Trust), and is the daughter of Settlor, Clayetta H.
Speltz (“Settlor”), who died on May 11, 2025. Kathleen Dolan (“Trustee”) is also a remainder beneficiary of the Trust, Settlor’s daughter, and is acting trustee of the Trust. Petitioner asserts that since approximately June 2025, Petitioner has repeatedly requested that Trustee provide information concerning administration of the trust, including, but not limited to (i) a trust accounting pursuant to Probate Code section 16062; (ii) copies of Settlor’s operative estate planning documents, including her last will, trust instrument, and all amendments and restatements thereto; (iii) information regarding the assets, liabilities, and administration of the Trust and the anticipated distribution of trust assets; and (iv) an accounting of transactions undertaken by Trustee while acting as Settlor’s attorney-in-fact.
Trustee has failed and refused to provide the requested information or accounting, and has failed to provide meaningful information concerning the status of Trust administration in violation of her fiduciary duties. On October 19, 2025, Trustee transmitted an informal digital binder containing assorted documents, a generalized list of assets, and personal spreadsheets. Petitioner asserts the documents provided did not constitute a formal trust accounting and failed to comply with requirements of Probate Code § 16063.
Petitioner believes that since approximately October 2022, Trustee has sold, transferred, or otherwise disposed of Trust assets without notice, supporting documentation, or meaningful information to the beneficiaries despite repeated requests for such information. Petitioner has not received a distribution of Trust income or principal, nor any meaningful information concerning any proposed plan of distribution. Petitioner believes the Trust’s other remainder beneficiaries, Carol Marble and William Long, have not received distributions from the Trust.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
On or around May 20, 2026, Trustee notified the beneficiaries of her intention to move administration of the Trust to the State of Colorado notwithstanding the fact that Trustee resides in California and the principal place of administration of the Trust is California. Petitioner does not consent to the removal and believes the remaining beneficiaries do not consent either.
July 27, 2026 Dept. 9 Probate Tentative Rulings
Petitioner seeks the following relief: 1. Suspend and remove Trustee pursuant to Probate Code § 15642 and appoint Petitioner as successor trustee or, alternatively, appoint an independent temporary trustee or professional fiduciary; 2. Order Trustee to prepare and file an account and report concerning her administration of the Trust commencing May 11, 2025 through the date of the Court’s Order, and that such account and report be filed within thirty days of the Court’s Order; 3. Order Trustee to prepare and file an account and report concerning her actions while acting under Settlor’s Durable Power of Attorney commencing with Trustee’s appointment as attorney-in-fact through Settlor’s death on May 11, 2025, which shall be filed within thirty days of the Court’s Order; 4.
Order Trustee to provide Petitioner complete copies of all Trust documents and any other estate planning documents executed by Settlor during her lifetime, including, but not limited to, Settlor’s: 1) last will and testament; 2) durable power of attorney; and 3) advance healthcare directive; 5. Award Petitioner attorney’s fees and costs incurred in bringing this Petition; and 6. Order that Trustee cannot utilize Trust funds in defense of this Petition absent further order of the Court. TENTATIVE RULING #9: APPEARANCES ARE REQUIRED AT 8:30 A.M.
ON MONDAY, JULY 27, 2026, IN DEPARTMENT NINE. IF A PARTY OR PARTIES WISH TO APPEAR BY ZOOM, PLEASE CONTACT THE COURT AT (530) 621-5867 AND MEETING INFORMATION WILL BE PROVIDED.
18