15 Guam Code Ann. § 3317
Terms Used In 15 Guam Code Ann. § 3317
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Trustee: A person or institution holding and administering property in trust.
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cotrustees has impaired the proper administration of the trust. The proceeding may be initiated by the Superior Court upon its own motion or by verified petition of a beneficiary of, or any other person interested in, the trust, including any person in being who shall or may participate in the corpus or income of the trust.
The Clerk of the Superior Court shall set the matter for hearing, and notice thereof shall be given in the manner provided in Section 3401 of this Title. The trustee whose removal is sought shall be personally served with a copy of the motion or petition and with notice of the time and place of the hearing thereon, at least ten (10) calendar days before the hearing, provided, that if such a trustee is not a resident of the territory of Guam, or has absconded or concealed himself from the territory of Guam, the Superior Court may fix the manner of giving notice to such trustee by mail, publication or otherwise, as the Superior Court may determine, and the Superior Court may proceed upon such notice as if such trustee had been personally served. In addition, the petitioner, or the Superior Court when acting upon its own motion, shall cause a copy of the petition or motion and of the notice of the hearing mailed to or personally served upon the personal representative, if any part of the estate remains to be distributed to the trustee, and to or upon each cotrustee and to or upon all the beneficiaries, including therein all persons in being who shall or may participate in the corpus or the income of the trust, as provided in Section 3401 of this Title whether any of the persons to whom notice is to be given have requested special notice or given notice of appearance.
SOURCE: California Probate Code, § 1123.5.
§ 3319. Custody of Assets Pending Hearing on Removal of
Testamentary Trustee.
The Superior Court, whenever it appears from the verified petition of a beneficiary of a testamentary trust or other person interested in the trust, or from facts coming to its attention, that the assets of the trust or the interests of a beneficiary may suffer loss or injury during the time required for hearing and decision by the Superior Court under the provisions of Section 3317 of this Title and appellate review, if any, may compel the trustee whose removal is sought to surrender any assets of the trust in such trustee’s possession or subject to such trustee’s control to a custodian designated by the Superior Court or to a cotrustee and may
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suspend the powers of the trustee whose removal is sought to such extent as the Superior Court deems necessary.
SOURCE: California Probate Code, § 1123.6.
§ 3321. Exclusive Jurisdiction and Procedure for Removal of
Trustee.
The jurisdiction and procedure provided by Sections 3317 and 3319 of this Title shall be exclusive.
SOURCE: California Probate Code, § 1123.7.