Depending on the circumstances surrounding the trust administration issue at hand, a Section 17200 Petition may be a valid option for trustees in Orange County. Trustees can utilize these Petitions concerning the internal affairs of the trust. Examples include determining validity of a trust provision, fixing trustee’s compensation, and granting powers to the trustee. It is important to note, however, that the court can and will dismiss a Petition if it is not reasonably necessary in order to protect the interests of the trustee or beneficiary.
If you opt to file a Section 17200 Petition, it is best to ensure that you complete the Petition fully before submitting it to the court. Specifically, ensure that your Petition contains all of the following information:
- The complete name of the trust, including all amendments and modifications
- The complete names of the trustees
- The date the trust was created
- A statement of the facts that demonstrate the petition is authorized under California law
- A statement of the grounds for the petition
- The names and addresses for all persons who are entitled to receive notice of the petition
If the court does not dismiss the Petition, a hearing will be set. The trustee will have to ensure that notice of the hearing is provided to all trustees and beneficiaries, as well as the Attorney General if a charity is involved.
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