Judge: Daniel M. Crowley, Case: BC343540, Date: 2024-10-09 Tentative Ruling

Case Number: BC343540    Hearing Date: October 9, 2024    Dept: 71

Merik Migliore v. John Aiken, II, M.D.

Case No. B34350

Plaintiff, Merik Migliore, applies ex parte for an order:

1.  Converting his Special Needs Trust (SNT) into an Irrevocable Domestic Asset Protection Trust (DAP Trust);

2.  Appointing himself as Trustee over the resultant trust;

3. That the revised trust continue to maintain its asset protection provisions;

4. That the modified trust be established without probate court oversight;

5. That the annuities provided under the trust be adjusted to match inflation; and

6. That the Court consider Mr. Migliore’s concerns that he is paying excessive trustee fees and issue a prohibition against selling his abode;

7. That the Court consider Mr. Migliore’s concerns about his appointed Guardian Ad Litem and counsel’s fees; and

8.  That the Honorable Judge Robert H. O'Brien come out of retirement to preside over this modification.

The Court denies the application for the following reasons:

               1.  The Court notes that there is a petition in the Probate Division of the Los Angeles Superior Court set for hearing on October 15, 2024 (Case No. LP01427) seeking the same relief as this application.  The Civil Division of the Court no longer has jurisdiction over the trust. 

  2.  The relief sought requires a noticed motion to allow the Court the time to work up the requests in the application. 

               3.  Mr. Migliore also did not give notice of this application to the state agencies who would normally receive notice of the creation and funding of a SNT.

  4.  The proper party to seek to modify a trust is the trustee, not the trust beneficiary. 

  5.  Finally, the Court has no jurisdiction to compel a retired judge to hear a matter.

The ex parte application is denied.  Plaintiff is to give notice.