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Bryan D. Coryell, Esq. (257700)

Law Offices of Bryan D. Coryell
13 Redwood Court
Santa Rosa, CA 95409
Telephone: 707-337-2203
Email: bryan@bryancoryell.com

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Attorney for the Trustee,

Kristin Scofield

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CRUZ

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IN RE RALPH R. EDWARDS AND KATHLEEN

M. EDWARDS FAMILY TRUST, ESTABLISHED
UNDER TRUST AGREEMENT DATED APRIL 6,
2007

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Case No.:
PETITION FOR SETTLEMENT OF ACCOUNT
AND APPROVAL OF TRUSTEE AND
ATTORNEYS FEES
(Probate Code 17200(b)(5), (b)(9))
Date:
Time:
Dept.:

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Petitioner, Kristin Scofield (Petitioner), as trustee of

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the Ralph R. Edwards and Kathleen M. Edwards Family Trust, established under
trust agreement dated April 6, 2007 (the Trust), hereby presents the second
account and report of the administration of the Trust, covering the period
from August 1, 2014, to February 19, 2015. Petitioner alleges the following:
Jurisdiction and Venue:

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1.

The Trust was established by Ralph R. Edwards (Ralph) and

Kathleen M. Edwards (Kathleen) as settlors and co-trustees, pursuant to the

Trust Agreement dated April 6, 2007(the Trust Agreement). A true and correct
copy of the Trust Agreement is attached to this Petition as Exhibit A.
Kathleen died on January 21, 2013. On October 24, 2013, Ralph executed the
First Amendment to the Ralph R. Edwards and Kathleen M. Edwards 2007 Family

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Petition for Settlement of Account and Approval of
Trustee and Attorneys Fees

Trust Agreement (the Amendment). A true and correct copy of the Amendment is

attached hereto as Exhibit B. Ralph died on January 22, 2014.

2.

Under the terms of the Trust Agreement, the Trust was split into

the Survivors Trust and the Bypass Trust. As used in this Petition, the term

Trust collectively refers to the Ralph R. Edwards and Kathleen M. Edwards

Family Trust and all subtrusts created under the Trust Agreement following the

deaths of Kathleen, Ralph, or both. After Kathleens death, Ralph was the sole

trustee of the Trust until the time of his death. Petitioner has been the sole

trustee since Ralphs death.

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3.

The Trust is administered in Santa Cruz County, California.

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Necessity of Petition:

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4.

This Petition is reasonably necessary for Petitioners protection

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because one or more beneficiaries have raised questions regarding Petitioners

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administration of the Trust. As a result, Petitioner has been forced to

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withhold funds from distribution to the beneficiaries in order to cover

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potential costs of litigating any claims made during the approximately three

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years until the statute of limitations has expired. By means of this Petition,

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Petitioner seeks a timely determination of all matters presented in this

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account so that Petitioner can distribute all remaining Trust funds and

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finalize administration of this Trust.

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Summary of Account:

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5.

Petitioner should be charged and credited as shown in the summary

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of account and supporting schedules, true and correct copies of which are

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attached hereto as Exhibit C and incorporated herein by this reference as

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though fully set forth.

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///

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Petition for Settlement of Account and Approval of
Trustee and Attorneys Fees

Objections to Accounting:

6.

Unless an interested person delivers a written objection to

the Trustee within ninety (90) days of receipt of the Trustees
account, the account shall be deemed settled and shall be final
and conclusive with respect to transactions disclosed by the
account as to all beneficiaries of the trust, including any unborn
and unascertained beneficiaries.

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Article IX, Section II, Paragraph E of the Trust states:

After settlement of the account by reason of the expiration

of the ninety (90) day period referred to above or by agreement of
the parties, the Trustee shall no longer be liable to any
beneficiary of the trust, including any unborn and unascertained
beneficiaries, with respect to transaction disclosed in the
account, except for the Trustees intentional wrongdoing or fraud.
7.

The accounting attached as Exhibit C was transmitted to the

beneficiaries, including transmission via email, on March 2, 2015. As of the

date of the filing of this Petition, neither the Trustee nor her counsel has
received any objection, written or otherwise, to the accounting. Therefore,
the accounting must be deemed settled and should be approved by the Court as
requested herein.
Beneficiaries:
8.

Pursuant to Probate Code 1580015804, 17203 and California Rule

of Court 7.902, the name and mailing address of each beneficiary of the Trust
entitled to notice, so far as known to Petitioner after diligent inquiry, all
of whom are over 18 years of age, are as follows:
Rhonda Abell
P.O. Box 8943
South Lake Tahoe, CA 96158
Janie Edwards
1201 Stewart Ave.
Chico, CA 95926
c/o Michael Brady, POA
101 Parkshore Dr., Ste. 100
Folsom, CA 95630

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Roland Edwards
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Petition for Settlement of Account and Approval of
Trustee and Attorneys Fees

5021 Coast Rd.

Santa Cruz, CA 95060

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Roger Edwards
P.O. Box 202
Fair Oaks, CA 95628

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Itemization of services of Petitioner:

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9.

limited to, the care and custody of the assets composing the corpus of the
trust, collection and disbursements of income, periodic review of the trust
assets, making investments and reinvestments in the best interest of the trust
estate, preparation and filing of fiduciary income tax returns, and the
preparation of accountings, including this accounting, and other services
pertaining to the management and administration of the Trust estate.

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Requested compensation:

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10.

reasonable compensation.
Trust investments:

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Petitioner alleges that Petitioner is entitled to reasonable

compensation from the Trust for her services and that the sum of $120,000 is

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Petitioner has performed all required duties, including, but not

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All investments of the Trust principal shown in this account were

authorized and proper investments of the principal of this Trust under its
provisions and under the laws of this state, and were made or retained as set
forth in this account for the best interests of the Trust and for all
interested persons. All cash has been invested and maintained in interestbearing accounts or in investments authorized by law or the governing
instrument, except for that reasonably necessary for the orderly
administration of the Trust.
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Petition for Settlement of Account and Approval of
Trustee and Attorneys Fees

Notice:

12.

Petitioner is the sole trustee, who therefore is not required to

be given notice. The Trust beneficiaries entitled to notice, all of whom have

attained age 18, are set forth in paragraph 8, above, and will be given

notice. This Petition does not relate to a charitable trust subject to the

jurisdiction of the Attorney General. Therefore, no notice to the Attorney

General is required. Petitioner has not received any request for special

notice and none are on file to Petitioners knowledge.

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PETITIONER THEREFORE REQUESTS that:

1. The Court find that all facts stated in the Petition are true and
that all notices required by law have been duly given.
2. This account and report be settled, allowed, and approved, and all

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acts and transactions of Petitioner set forth in it, or relating to the

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matters set forth in it, be ratified, confirmed, and approved.

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3. Petitioner and the attorneys for Petitioner be allowed the requested

compensation for their services.
4. Such other and further orders be made as this Court may deem proper
under the circumstances.

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Dated: June ___, 2015

Law Offices of Bryan D. Coryell

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By:____________________________
Bryan Coryell
Attorney for Petitioner

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Petition for Settlement of Account and Approval of
Trustee and Attorneys Fees

Verification

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I, Kristin Scofield, declare that:

I have read the foregoing Petition and know its contents. It is true of

my own knowledge, except for the matters that are stated in it on information

and belief, and regarding those matters I believe them to be true. The

accounting attached as Exhibit C contains a full and true statement of all

charges against the Trustee and of all credits to which the Trustee is

entitled.

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I declare under penalty of perjury under the laws of the State of

California that the foregoing is true and correct.

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Dated: June ___, 2015

________________________________
Kristin Scofield, Petitioner

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Petition for Settlement of Account and Approval of
Trustee and Attorneys Fees