Account and Report First and Final Report
2024PRDE033147: IN THE MATTER OF BARBARA Z GROSSMAN 06/03/2026 in Department J6 Account and Report First and Final Report etc.
This matter was last heard on 04/15/26. The court granted a motion to continue by executor Lynn Grossman. The court continued the hearing to 06/02/26.
A verified supplement has not been filed as of 05/28/26. Proof of statutorily sufficient service of the Notice of Hearing (DE-120) is required and has not been filed as of 05/28/26.
The court intends to set for an OSC re Failure to Comply With Court Order if the supplement is not filed prior to the hearing and continue the hearing if the supplement is filed for legal research review.
The following were noted as needing to be discussed in a supplement at the hearing on 02/11/26:
Notice of Petition to Administer Estate (DE-121) not filed. (Probate Code §11000)
Petitioners accidently checked box #31.a stating the estate should be distributed per intestate succession when there is a will. Petitioners propose to distribute the estate 25% ach to the beneficiaries of the will, with Ross Grossmans share going to the Ross Grossman Special Needs Trust. Petitioners accidently checked box #31.a stating the estate should be distributed per intestate succession when there is a will.
The proposed distribution of 25% each is not how the will directs distribution.
The will states A. I give such jewelry, personal effects, household goods, furniture, furnishings, works of art and automobiles as I may own at my death to my children, GAIL, LYNN, STACY and ROSS, who survive me, to be divided among them in shares as nearly equal in value as may be practicable as they may agree, or if they are unable to agree, as my Executors may determine.
The will also states, I direct my fiduciaries to divide my residuary estate into four equal shares, one of which shall be attributable to each of my children, GAIL, LYNN, STACY and ROSS. The shares attributable to GAIL, LYNN and STACY shall be held, administered and disposed of in accordance with the provisions of
2024PRDE033147: IN THE MATTER OF BARBARA Z GROSSMAN
paragraph A hereof. The share attributable to ROSS shall be held, administered and disposed of in accordance with the provisions of paragraph B hereof.
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A. Each share attributable to a daughter of mine shall be held in a separate trust hereunder, the net income and principal of which shall be disposed of as follows: 1. My Trustees may distribute to a daughter, from time to time, all or any portion of the net income and such portions of the principal of such daughters trust as the Independent Trustees (as herein defined), in their absolute discretion, may deem advisable for such daughters health, maintenance, support and education, to assist in the purchase (or renovation) of a home, to assist in the investment in a business or profession, for tax planning or for any other reason the Independent Trustees deem advisable. Any of the net income not so distributed during any taxable year of a daughters trust shall be accumulated and added to principal.
2. Upon a daughters death, or at the time set for the establishment of a daughters trust in the case of a daughter who is not then living, the balance then remaining of such daughters trust shall be distributed to and among her issue, or any of them, in such amounts or proportions on such terms and conditions and subject to such trusts or limitations as such daughter may appoint by her Will or by other written instrument delivered to my Trustees during such daughters lifetime, making specific reference to this power of appointment in such Will or other instrument.
3. Upon a daughters death, or at the time set for the establishment of a daughters trust in the case of a daughter who is not then living, to the extent that such daughter fails to exercise effectively the foregoing power of appointment, the balance then remaining of such daughters trust shall be distributed to her issue then living, per stirpes, or if there is no such issue, shall be distributed to my issue then living, per stirpes (or in the case of a trust for the benefit of a grandchild or more remote issue of mine, per stirpes to the issue then living of that individual who among my issue and me is such daughters nearest ancestor with issue then living), provided that any share distributable to a daughter of mine shall be added to (or used to reestablish) such daughters trust hereunder, to be held, administered and disposed of in accordance with the provisions thereof, any share distributable to my son shall be added to (or used to reestablish) the trust under paragraph B hereof, to be held, administered and disposed of in accordance with the provisions thereof, and any share distributable to a grandchild or more remote issue of mine shall be held in a separate trust hereunder, the net income and principal of which shall be disposed of in accordance with the provisions of this paragraph A as if each reference to a daughter of mine was instead a reference to such grandchild or more remote issue of mine.
2024PRDE033147: IN THE MATTER OF BARBARA Z GROSSMAN
B. The share attributable to my son shall be held in a separate trust hereunder, the net income and principal of which shall be disposed of as follows: 1. My Trustees may distribute to and among my son, ROSS, the issue of my children, and Qualified Charities (as herein defined), or any of them, all or any portion of the net income and such portions of the principal of this trust as the Independent Trustees, in their absolute discretion, may deem advisable for any reason. Distributions of income and principal under this subparagraph 1 may be made in such proportions among the aforesaid beneficiaries as the Independent Trustees, in their absolute discretion, may deem advisable, without regard to equality, and the pattern of any distribution of income or principal need not be followed at the time of any other such distribution.
Any of the net income not so distributed during any taxable year of this trust shall be accumulated and added to principal. Notwithstanding the foregoing provisions of this subparagraph, it is my wish that the Independent Trustees only make distributions to or for the benefit of my son, ROSS, in order to satisfy his special needs. For purposes of this subparagraph, the term special needs shall refer to the requisites for maintaining the good health, safety and welfare of ROSS when, in the discretion of my Trustees, such requisites are not being provided by any public agency, office or department of any state of the United States. Special needs shall include, but not be limited to, medical and dental expenses, insurance therefor, clothing and equipment, travel, entertainment, programs of training, education and treatment and essential dietary needs.
It is my wish that distributions to ROSS from this trust be used only to supplement other benefits that he may receive.
2. Upon my sons death, or at the time set for the establishment of this trust if my son is not then living, the balance then remaining of this trust shall be distributed to my sons issue then living, per stirpes, or if there is no such issue, shall be distributed to my issue then living, per stirpes (or in the case of a trust for the benefit of a grandchild or more remote issue of mine, per stirpes to the issue then living of that individual who among my issue and me is such grandchilds or more remote issues nearest ancestor with issue then living), provided that any share distributable to a daughter of mine shall be added to (or used to reestablish) such daughters trust under paragraph A hereof, to be held, administered and disposed of in accordance with the provisions thereof, and any share distributable to a grandchild or more remote issue of mine, shall be held in a separate trust thereunder, the net income and principal of which shall be disposed of in accordance with the provisions of paragraph A hereof as if each reference to a daughter of mine was instead a reference to such grandchild or more remote issue of mine.
Petitioner to file proof of statutorily sufficient service of notice and a verified supplement with an amended proposed distribution consistent with decedents will.
2024PRDE033147: IN THE MATTER OF BARBARA Z GROSSMAN
Petitioner to give notice.
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