Judge: Jill Feeney, Case: 21STCV09251, Date: 2022-10-03 Tentative Ruling
Case Number: 21STCV09251 Hearing Date: October 3, 2022 Dept: 30
Department 30, Spring Street Courthouse
October 3, 2022
21STCV09251
Petition to Confirm Compromise of Pending Action of Veronica Corona (Age 49), a person with a disability
Background
On August 1, 2022, the Court continued the hearing on the instant motion to Confirm Minor’s Compromise with Special Needs Trust filed by Petitioner/Guardian ad Litem Rosie Corona as to Veronica Corona (Age 49) a Disabled Person.
Discussion
The Court last ordered Petitioner to appear and submit a corrected order to cure the following deficiencies. Petitioner submitted a new order on September 15, 2022.
1. Include a copy of the proposed SNT instrument.
A copy of the SNT instrument is attached after attachment 13.
2. Include any additional orders made, including bond requirements and any allowed fees or rulings on special requests for relief.
Bond in the amount of $322,000 is included in attachment 13.
3. Attachment 13 should include a specific 14-month calendar date as a due date for the first SNT accounting in probate.
Attachment 13 will be changed by the Court to state at paragraph 8 that petitioner shall file with Probate Court the First Account of the Special Needs Trust on or before December 4, 2023.
The Court strikes Paragraph 9 of Attachment 13. The Probate Court will set the OSC Date.
4. Order should include language requiring submission of a Notice of Commencement of Proceedings for a Court Supervised Trust on LASC Form PRO 044.
Attachment 13 now includes this requirement.
5. Order should also state that the civil court has set an OSC in its own department in 60 days to ensure that the probate case has been opened and that any required bond has been submitted.
Attachment 13 now states an OSC is set for December 2, 2022.
The Court finds as follows:
1. The SNT beneficiary has a disability which substantially impairs the individual’s ability to provide for her own care or custody and constitutes a substantial handicap;
2. The SNT beneficiary is likely to have special needs that will not be met without the trust;
3. The money to be paid to the trust does not exceed the amount that appears reasonably necessary to meet the SNT beneficiary’s special needs.
Petitioner cured all deficiencies previously identified. The petition is GRANTED, pending the appearance of the GAL at the hearing and pending the Court making the changes noted above to Attachment 13.
