Estate of Gene Curli
Petition to Determine Succession to Primary Residence
Motion type
Ruling
CASE NUMBER: 26PB-0033416
This matter is on calendar for further proceedings on a Petition to Determine Succession to Primary Residence. The matter has not been properly noticed. There is no proof of service for any parties entitled to notice. The Petition contains the following defects: 1. Item 5 is incomplete as to whether the decedent died intestate or had a will. The Court notes Item 12 states there is a will; however, attached is a copy of a trust. A trust is not a will. The trust indicates the property is a trust asset.
2. An Inventory and Appraisal has not been attached as requested by item 8.
3. Attachment 11 fails to state facts sufficient to show the property was decedent’s primary residence.
4. It is unclear what interest each individual listed in item 13 has in the property.
5. The Petition is incomplete regarding attachment 14.
Considering the subject real property belongs to a trust and trust assets cannot be transferred by way of a Petition to Determine Succession to Primary Residence, the Petition is DENIED. The clerk is directed to close the file and vacate any future hearing dates. No appearance is necessary on today’s calendar.
ESTATE OF DEBRA DOMBERG
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