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Not absolutely certain what you are saying.
The trustee issued a proposed action. One beneficiary objected not to the action but the methods within the action. Trustee petitioned the court to have the proposed action adopted by the court. One beneficiary filed a reply again agreeing to the action but objecting to the method. At the first hearing the court indicated this is a issue as to the methodology go see if you can resolve it. We attempted but failed to agree.
Now the trustee is taking the position I will not implement the proposed action, (in essence all the beney's agreed but one object to the method) and I am going to do the following.
The court still has jurisdiction on the proposed action and that is before the court.
I believe 16503(d) would apply and the trustee could do what he wanted before he submitted the issue before the court. I would think he would have to tell the court he is withdrawing the proposed action. Since all the beney's agree I would think this would be used against him.
So you are aware-I am an attorney-I represent one of the beney's (that objected to the method). I did family law for 35 yrs and some probate. The trustee is the brother-in-law of this beney.
The issue relates to the disposal of the personal property. The trustee removed the jewelry from the residence, precluded this beney the right to inspect the jewelry. We believe the personal property should be disposed of via a round robin process-which is what he proposed and we agree upon-we only think that the jewelry should be omitted from the round-robin until it has been appraised, (which it has not been). All the other items are in the decedent's residence and the jewelry is in a safety deposit box. All the other beney have inspected the jewelry and have access to it except my beney.
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