Matter of The Armando I Perez Trust

Case Number

22PR00501

Case Type

Hearing Date / Time

Wed, 03/12/2025 - 08:30

Nature of Proceedings

1. Petition to Determine Claim to Property (McConnel) 2. Petition for Instructions (Perez-Hogan)

Tentative Ruling

Probate Notes:

Appearances required. The following is noted for the Court at the Hearing:

There are two matters on calendar for the hearing:

1. Petition to Determine Claim to Property (McConnel)
2. Petition for Instructions (Perez-Hogan)

Petition to Determine Claim to Property

Shelly McConnel filed a Petition to Determine Claim to Property (erroneously titled Petition for Order Confirming Trust Assets) on February 6, 2025. The Petition seeks a determination from the Court that the proper title holder of the funds in the Decedent’s Conservatorship Estate is the Decedent’s trust. 

Although this petition has not received objection, Ms. McConnel did not use form DE-115 to notice the hearing, thus Due Process outlined in Probate Code section 851 is defective.  This notice defect keeps the petition from being ripe for adjudication at the hearing, and the Court should order the petition re-served with proper Notice of Hearing.

Petition for Instructions (Perez-Hogan)

Patricia Perez-Hogan filed a Petition for Instructions on January 17, 2025.  That Petition received objections by multiple parties, placing the matter at issue and requiring evidentiary hearing to resolve. (In re Estate of Lensch (2009) 177 Cal.App.4th 667, 676; Conservatorship of Farrant (2021) 67 Cal.App.5th 370, 377.)

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 956 1423

Passcode: 137305