You are on page 1of 8

1

2
3

ALBERT E WILSON, in pro per


2201 Calle Taxco
West Covina, CA 91792
(626) 502-7656

4
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, CENTRAL DISTRICT
STANLEY MOSK COURTHOUSE, Los Angeles, California

5
6
7
8
9
10
11
12
13
14
15
16
17
18

In Re

)
)
WILSON REVOCABLE TRUST
)
)
ESTABLISHED SEPTEMBER 19, 1989
------------------------------------------------------------- )
)
)
ALBERT WILSON, BENEIFICARY
)
Petitioner,
)
)
v.
)
)
VICKI ALVAREZ, TRUSTEE OF THE
)
WILSON REVOCABLE TRUST.
)
Respondent.
)
)
)

Case No.:
PETITION SUSPEND AND REMOVE
TRUSTEES AND APPOINTMENT OF
SUCCESSOR TRUSTEE; FOR OTHER
RELIEF FOR BREACH OF TRUST; FOR AN
ACCOUNTING; FOR INSTRUCTIONS
[PROBATE CODE 15642, 16420, 17200]

DATE:10/16/2015
TIME:
DEPT:

19
20
21
22
23
24

Petitioner, ALBERT WILSON, alleges as follows:

25
26

JAMES V WILSON, hereinafter referred to as Petitioners FATHER, died on March 12,

27

2014. At the time of his death he left in trust real property at 2201 Calle Taxco West

28

Covina California in that jurisdiction.


1
WILSON REVOCABLE TRUST - PETITION RELIEF FOR BREACH OF TRUST

On or about September 19, 1989, Petitioners Father, as Settlor, executed a document

purporting to create a revocable living trust (Wilson Revocable Trust). Petitioners Fathers

Trust instructs the Trustees to divide and distribute the net income and principal of the Trust

Estate for the benefit of the Settlors named beneficiaries as follows: Vicki Alvarez (Wilson),

Albert Wilson to share 60/40. A true and correct copy of decedents Trust, as received from

Wm J Sanderson Atty, is attached hereto as EXHIBIT A.

7
8

Petitioner is a person interested in both the devolution of the estate and proper timely

administration of the Wilson Revocable Trust because Petitioner is the decedents Son and

10

also a named beneficiary in Trust, and therefore has standing to bring this petition.

11
12

I.

SUSPEND AND REMOVE TRUSTEE

13

The trust instrument does appoint Albert Wilson as successor trustee. If Vicki

14

Alvarez(Wilson) is unable or unwilling to act as Trustee. Petitioner requests that the court

15

temporarily suspends Vicki Alvarez(Wilson) as Trustee and appoint a neutral third party to

16
17
18
19
20

act as Trustee until such time as the Trustee removal petition is heard. It is the Petitioner
belief that appointing a neutral third party as trustee is in the best interests of the trust and
of those persons interested in the trust estate.
II.

PROVIDE ACCOUNTING

21

To date, Respondent has never provided petitioner with a proper account of the Trust.

22

Petitioner requests that the court order Vicki Alvarez to file an accounting that includes

23

information as per PROB C 16063(a) with the court, that accounts for the trustee

24

actions from the present to the date she started to handle the decedents affaires.

25
26
27
28
2
WILSON REVOCABLE TRUST - PETITION RELIEF FOR BREACH OF TRUST

III.

BREACH OF TRUST

Respondent Trustee is in breach of trust in that trustees violated their duties to administer

the trust in accordance with its terms and to exercise reasonable skill, care, and diligence

in the administration of the trust by reason of their conduct alleged herein, including but

5
6
7
8

not limited to, failure to provide a true and complete copy of the terms of the trust , mailing
address and telephone number of trustee, take reasonable steps under the circumstances
to take and keep control of and to preserve the trust property, Self-dealing trust principal

property by transferring to Spouses family members, failing to make distributions required

10

under the trust instrument in a timely manner, demanding a Beneficiary makes a payment

11

for trust expenses in order to receive any distribution, disregard to administer the trust

12

according to the trust instrument, failure to administer the trust solely in the interest of all

13
14
15

the beneficiaries, failing to provide an accurate accounting upon a written request, and to
list, evaluate, the worth of principal property, any income, and worth of the trust

16
17

The reasonably ascertainable names and addresses of the persons entitled to notice of

18

this petition are as follows:

19
20
21
22
23

Albert Wilson 2201 Callle Taxco West Covina California 91792


Vicki Alvarez 3281 Guasti Rd. suite 425 Ontario California 91101
This last known address for contact is her attorney

24
25

The Petitioner does not know of any request for special notice has been filed in this

26

proceeding.

27
28
3
WILSON REVOCABLE TRUST - PETITION RELIEF FOR BREACH OF TRUST

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

WHEREFORE, Petitioner prays for an order of the Court:


1. Without delay the court suspends Vicki Alvarez as trustee of the Trust, and appoints
a neutral 3rd party, in order to stop additional harm to the trust and its beneficiaries.
2. The court order Vicki Alvarez to file an accounting with the court, detailing actions
as trustee up to a new trustee is appointed.
3. The court commences proceedings to remove Vicki Alvarez as Trustee
4. To surcharge Vicki Alvarez from her share of the trust. To restore losses to the trust
due to her bad acts.
5. Unless stated in the Trust Document deny the use of trust funds to object this
petition.
6. For Instructions on how to proceed in this matter.
7. For such other orders or remedies per PROB C 1640(a) that the Court may deem
proper.
RESPECTFULLY SUBMITTED:

17
18
19

DATED: 10/16/2015

__________________________
Albert Wilson, Petitioner, In Pro Per

20
21
22
23
24
25
26
27
28
4
WILSON REVOCABLE TRUST - PETITION RELIEF FOR BREACH OF TRUST

1
2

VERIFICATION

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

4
5
6
7
8
9
10
11
12

I have read the foregoing PETITION TO DETERMINE VALIDITY OF PURPORTED


TRUST AMENDMENT and know its contents.
I am a party to this action. The matters stated in the foregoing document are true of
my own knowledge except as to those matters which are stated on information and belief,
and as to those matters I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on 10/16/2015, in Los Angeles, California.

13
14
15
16

_______________________________
Albert Wilson, Declarant

17
18
19
20
21
22
23
24
25
26
27
28
5

WILSON REVOCABLE TRUST - PETITION RELIEF FOR BREACH OF TRUST

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6
WILSON REVOCABLE TRUST - PETITION RELIEF FOR BREACH OF TRUST

PROOF OF SERVICE

1013A (3) CCP Revised 5/1/05

2
3

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the county of Los Angeles, State of California.

I am over the age of 18 and not a party to the within action; my business address

is www.legalnoodle.com, 322 Culver Blvd., #144, Playa del Rey, CA 90293.


On
, I served the foregoing document described as:

7
8
9
10

on the parties in this action


[X] by placing a true copy thereof enclosed in sealed envelopes addressed as follows:

11
12
13
14
15
16
17
18

BY MAIL
[X]

I deposited such envelope in the mail at Los Angeles, California.


The envelope was mailed with postage thereon fully prepaid.

Executed on

, at Los Angeles, California.

[X] (State) I declare under penalty of perjury under the laws of the State of California that the above is true and
correct.

Dean McAdams
Type or Print Name

Signature

19
20
21
22
23
24
25
26
27
28
7

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28