Privately Administered Trust?

[dmtrust]

I received this reply from an attorney representing a Trustee:

Q: has an order for final distribution been made?

A: The trust is being administered privately, so there is no court order for anything at this time. To date, the only court involvement will be when we file our petition for [the Trustee] to resign and for approval of his second accounting,

My questions:

1. what does he mean "administered privately"?
2. does the superior court have jurisdiction over the Trust pursuant to 17000. (a) or other?
3. How can they submit a second accounting if i only received a summary of account and not a first full account?

 

[dee_dub]

I received this reply from an attorney representing a Trustee

In reply to what? Presumably these are your questions, and you should know what you're asking.

1. what does he mean "administered privately"?

He means it's not being administered by the court.

2. does the superior court have jurisdiction over the Trust pursuant to 17000. (a) or other?

I'm guessing you're talking about California Probate Code Section 17000. This section doesn't (as I read it) give a court jurisdiction over a trust, it just sets out some of the consequences if the court does have jurisdiction.

3. How can they submit a second accounting if i only received a summary of account and not a first full account?

Maybe you weren't entitled to a full first account, maybe a full first account wasn't required for some reason. It is impossible to say without knowing the full details.

 

[dmtrust]

i am reading the probate code to understand the action or non-actions of the trustee.

i suppose he isnt regulated or compelled to follow the procedure as explained in the code if it is privately administered.

for example, it is the end of 2009 and he said he would close the estate in 2008.

i cannot understand why it isnt closed yet. it wasnt a complicated estate.

in july the trustee said he quit and then his atty sent a letter verifying he quit yet they havent set a court date to replace him.

why would a trustee deliberately keep the estate open?