IN RE: THE TRUDI TUCKER LIVING TRUST

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 08/19/2026 Hearing on Motion - Other Motion for Substitution of Successor-In-Interest and Appointment of Neutral Professional Fiduciary in Department 129

Tentative Ruling

NOTICE OF MOTION AND MOTION FOR SUBSTITUTION OF SUCCESSOR-IN- INTEREST AND APPOINTMENT OF NEUTRAL PROFESSIONAL FIDUCIARY; MEMORANDUM OF POINTS AND AUTHORITIES

Filed: 6/29/2026

Re: The Trudi Tucker Living Trust

Moving Party: Sherri Arfsten, Petitioner In Pro Per

Responding Party: Wendi Heise, Respondent Attorney: Nicholas D. Yonano, (916) 817-4422

Responding Party: Walter E. Price, Successor Trustee Attorney: Samuel K. Swenson, (916) 333-0833

NOTICE: Pursuant to Local Rule 1.06 (A), the court will make a tentative ruling on the merits of this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative ruling may be downloaded off the court’s website. If the party does not have online access, they may call the dedicated phone number for the Probate Department at (916) 875-2529 between the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative ruling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, no hearing will be held.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure § 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 129 Zoom Link is https://saccourt-cagov.zoomgov.com/my/sscdept129 and the Zoom Meeting ID is 161 3352 9231. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government Code § 68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 08/19/2026 Hearing on Motion - Other Motion for Substitution of Successor-In-Interest and Appointment of Neutral Professional Fiduciary in Department 129

Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporter’s Office and an official reporter will be provided.

TENTATIVE RULING Petitioner Sherri Arfsten’s (“Petitioner”) motion for substitution of successor in interest is denied as follows.

On March 9, 2026, Petitioner filed a petition for suspension of ‘acting trustee’ and Respondent Wendi Heise (“Respondent”), appointment of temporary neutral trustee, freeze of trust assets, surcharge, double damages, and related relief. On March 18, 2026, Respondent filed a demurrer to the petition, which was sustained in part.

Petitioner alleges settlor Trudi Tucker died on June 24, 2026. She now seeks to substitute herself or a neutral professional fiduciary as Ms. Tucker’s successor-in-interest to “carry forward her survival claims and appoint a neutral professional fiduciary to protect the trust assets from imminent dissipation and unauthorized interference.” (Memorandum of Points and Authorities [“MPA”], 2:16-18.)

Relying on Probate Code section 15660, Petitioner argues that the trust documents, given their alleged invalidity, render the trust without a successor trustee. (MPA, 3:1-3, 10-11.) Probate Code section 15660 allows the appointment of a trustee to fill a vacancy “if the trust has no trustee or if the trust instrument requires a vacancy in the office of a cotrustee to be filled.” (Emphasis added.) “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.” (Id., at subd. (b).)

Petitioner states that the “contested, invalid [trust] instruments” render both Respondents unable to act as trustee, but cites no authority in support of this position. (MPA, 4:1-4.) Although Petitioner asserts that the trustee position is “entirely vacant and disputed due to pervasive undue influence and absolute incapacity surrounding the

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

26PR000648: IN RE: THE TRUDI TUCKER LIVING TRUST 08/19/2026 Hearing on Motion - Other Motion for Substitution of Successor-In-Interest and Appointment of Neutral Professional Fiduciary in Department 129

execution” of the August 9, 2024, first amendment, the May 5, 2026, co-trustee appointment, and the May 5, 2026, second amendment, such undue influence and incapacity is disputed by Respondent and successor trustee Walter E. Price. (Petitioner’s Declaration, ¶ 6.) While a trustee may be removed under Probate Code 17200, Petitioner’s claims of undue influence by Respondent are still pending and her allegations of undue influence and incapacity have not yet been proven. Petitioner’s argument that the trustee position is vacant is premature, unsupported by legal authority, and rejected. Because the trustee position is not vacant, and the trust instrument names the person to fill any vacancy, Probate Code section 15660 requires that any vacancy is filled as provided in the trust instrument.

Petitioner’s request for the appointment of a neutral fiduciary is similarly denied. Petitioner’s petition is premised on undue influence by Respondent and are not made against the currentlyappointed trustee, Mr. Price. Petitioner has offered no facts or argument demonstrating that “imminent dissipation and unauthorized interference” with trust assets has occurred since Mr. Price’s appointment as trustee.

The motion is denied.

This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc., § 1019.5; Cal. Rules of Court, rule 3.1312.)