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Photo of Kern Co Non Criminal Court

Court

Kern Co Non Criminal Court

California

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Case Information

Filed 2024-07-24
Status Judgment
Type Trust Internal Affairs Petition
Docket 7 entries
Disposition transfer

Parties

Plaintiff Mossman , Penny Kay

Lawyers

Docket Entries

  1. Comment Petition for Order Determining Ownership of Real Property Belonging to and Subject to Administration of the Trust
  2. Comment (DE-115/GC-015) - 02/20/2025
  3. View Document Rejection/Correction Notice-PET: MCDONALD COONS LAW GROUP; TITLE: LIVING TRUST Comment PET: MCDONALD COONS LAW GROUP; TITLE: LIVING TRUST
  4. Comment First Verified Supplement to Petition for Order Determining Ownership of Real Property Belonging to and Subject to Administration of the Trust
  5. Comment Declaration of Susie Coons in Support of Petition for Order Determining Ownership of Real Property Belonging to and Subject to Administration of the Trust
  6. View Document AMENDED Petition for Order 02/20/2025 Judicial Officer Myers, Brett V. Hearing Time 8:30 AM Result Held Comment NOT READY FOR HEARING - re Petition for Order Determining Ownership of Real Property Belonging to and Subject to Administration of the Trust - NOTES - 1. Title of trust listed in the petition is inconsistent with the trust and documents attached (see exhibits), which provides the trust shall be known as "The Osborne Family Trust." Need verified supplement. 2. Need proof of service per Code of Civil Procedure section 413.10, et seq. (i.e., personal service) Charles Lee Daughtery, who appears to live at the subject real property of this petition (3017 Kennedy Way, Bakersfield, CA 93309). (Prob. Code, sec. 851, subd. (a)(2).) 3. Paragraphs 4 and 5 state on 11/09/15, survivor trustee/Robert Osborne sold his primary residence in Rancho Cucamonga, CA and that the real property in Bakersfield, CA (subject real property) was purchased "after the sale of the real property located in Rancho Cucamonga." But Robert prepared a Grant Deed on 10/15/2015, which is the month before he purportedly acquired the Bakersfield, CA property. Need further clarification or correction by verified supplement whether the real property located at 3017 Kennedy Way, Bakersfield, CA 93309 was acquired before or after the execution of the trust and Certificate of Trust. 4. Will has not been lodged/filed. (Prob. Code, sec. 8200.) 5. Real property listed in Schedule C of the Trust (Exhibit A) is the Rancho Cucamonga property, not the Bakersfield property. The Comprehensive Transfer Document (Exhibit D) appears to have been executed prior to settlor acquiring the Bakersfield property. In Heggstad, the property was listed in the Schedule, that the property was already acquired by the settlor at the time the trust was executed. (Estate of Heggstad (1993) 16 Cal.App.4th 943.) Need further legal authority in support of petition. (Judicial Officer to Determine.)
  7. Judicial Officer Myers, Brett V. Comment Petition for Order Determining Ownership of Real Property belonging to and Subject to Administration of the Trust

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