IN RE: MILENEWICZ-PENTA LIVING TRUST

CASE NUMBER: 26PB-0033358 This matter is on calendar for hearing on a Petition to Appoint Successor Trustee. The matter has been properly noticed with proof of service on file. No objections have been raised.

The verification on page 4 of the Petition is unsigned. Probate Code Section 15660.5 states that the Public Administrator may be appointed as trustee if, among other things, “after reasonable inquiry, no other qualified person is willing to act as trustee.” The Petition fails to address whether an inquiry has been made and whether the Trustor’s siblings are qualified to act as trustee.

Additionally, Probate Code Section 15660.5 requires that “at the time of appointment and pursuant to the terms of the trust, the entire trust is then to be distributed outright.” Section 9 of the Trust provides that distribution to a minor beneficiary shall either be (1) held in trust for that minor beneficiary, or (2) paid to the parent, custodian, or guardian of that minor beneficiary. The Petition fails to address whether the trust is to be distributed outright or held in trust for the minors.

The Court will require a Guardian Ad Litem be appointed for the minor beneficiaries.

The matter is continued to Monday, July 6, 2026, at 2:30 p.m. in Department 44 for further proceedings on the Petition to Appoint Successor Trustee. An amended Petition is required to be filed to address the issues raised above. Petitioner is also required to file and serve a new Notice of Hearing for the continued hearing date, along with a copy of the amended Petition, on all parties entitled to notice. A Guardian Ad Litem is required to be appointed for the minor beneficiaries. No appearance is necessary on today’s calendar.

IN RE: THE YERGENSON FAMILY REVOCABLE TRUST OF 2001, DATED AUGUST 30, 2001