CA CA - Lydia "Dia" Abrams, 65, Idyllwild, 6 Jun 2020 #2

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Monday, July 29th:
*Review of Compliance Hearing (Estate) (@ 8:45am PT) - CA – Lydia “Dia” W. Kenshalo Abrams (65) (last seen @ 2:30pm June 6, 2020 from her 117-acre Bonita Vista Ranch, in a remote area east of Mountain Center, Idyllwild; vehicle, handbag, keys & cell phone still at home. Not found. *Children of Abram’s request to remove Harper as trustee of ranch & other estate properties. Riverside County #D201590018 / Trust Pet. #PRIN2100297
5/27/22: Crisara Abrams is the sole trustee of the Clem Abrams Trust. Keith Harper has been removed (11/15/23) as co-Trustee.
Info on disappearance & probate court info 6/6/20 thru 12/21/23 reference post #604 here:
https://www.websleuths.com/forums/t...rams-65-idyllwild-6-jun-2020-2.592392/page-31

1/18/24 Update: A hearing this Friday, 1/19/24. Also, Holmes has a new attorney who filed a motion asking for $322K for past managing the estate & past legal fees.
1/16/24 Update: Superior Court of California, County of Riverside filed by Maryann Brisneo, attorney for Harper. First & final account of prior-successor trustee, Keith Harper & Petition for: 1) Approval of prior-successor trustee prior acts; 2) Allowance of trustee loans advanced by prior-successor trustee Harper; 3) Allowance of trustee fees & costs advanced by prior-successor trustee Harper & 4) Allowance of attorneys fee.
1/19/24 Update: Court appointed trustee announced during the hearing that both parties had stipulated to Harper vacating the property, perhaps as early as today, Jan 21, 2024. However, the stipulated agreement still has not been posted on the Riverside probate online docket for the case. Trustee said the stipulation & associated order would be posted soon, and that they intend to get a new "caretaker" to maintain the property. It appears an April 23 hearing has been set on KH's request for $322K in this most recent motion, according to the online docket & newly posted minute orders in the case (although the filed motion says April 13). If the court determines that Dia Abrams is deceased, or if she is not located by June 6, 2025 (five years after her disappearance), the agreement calls for 50% of her liquidated estate to go to her adult children & the other 50% to go to Keith Harper. Next hearing on 4/23/24 @ 8:45am.
3/20/24 Update: The liquidation of the estate assets of Abrams began last week as a judge approved the sale of the first of Abram's 3 local real estate building. Court-appointed Trustee Richard Munro applied for permission to accept the higher of 2 offers made on Abrams' house on Tool Box Springs Road & this was granted by Palm Springs Judge Russell Velasquez on 3/8/24. It was listed in August 2023 for $998K, reduced in September to $925K & again reduced to $850K in October. In February of this year, 2 offers were received, one at $830K ad a "back-up" offer for $825K. Dia's estate includes two other properties, her Bonita Vista Ranch on 117-1/2 acres & the 15-acre Sky High Ranch, with a mobile home. Sky High is on the market per her son Clinton. Clinton intends to hold on to the Bonitz Vista property until he finds out what happened to his mother. A $300K Cash reward for into on information.
4/17/24 Update: Harper is asking the probate judge to award him $494,298 for managing Abrams' estate over 43 months. Harper billed his labor at $25 per hour & subtracted monthly rent at $ 1500.00/month. Harper also claimed he loaned the estate trust $257,798 in personal funds.
4/18/24 Update: Stipulation & Order to continue 4/23/24 hearing on Keith Harper's First & final account. By Honorable Russell Velasquez. Question reasonableness of the requested trustee's fees - alleges to have worked every day, for 10 hours per day, for 43 months. Question whether the court wishes to require additional details regarding the trustee's fees (e.g. when services were performed, how much time spend on each task etc.) Question payments of club fees for Planet Fitness (benefit to the trust?), returned deposit items in disbursements & personal withdrawals. Hearing set on 7/29/24 8:45am. Hearing on Subsequent Miscellaneous Petition filed by Harper.
 
11/07/2024 08:45 AMHearing on Subsequent Miscellaneous Petition filed by KEITH HARPER at 8:45 AM in Department PS3
----------------RECOMMENDATIONS---------------
To be determined by Judge
--------------REQUESTS---------------
Petition filing date and title are: 01/16/2024 -First and Final Account of Prior-Successor Trustee; Keith Harper and Petition For: Approval of Prior-Acts; Allowance of Trustee Loans Advanced by Prior-Successor Trustee Keith Harper; Allowance of Trustee Fees and Costs Advanced ... KEITH HARPER.
Petitioner is/are Keith Harper (former trustee)
Accounting Period: 06/06/20 through 12/01/23
Petitioner(s) request(s) the trust was created on 12/16/16 and amended and restated on 05/22/20. Settlor disappeared on 06/06/20 and her whereabouts continue to be unknown
Petitioner(s) alleges the trust is insolvent
Petitioner(s) alleges the account schedules are not balanced as there are verifications outstanding re source of funds used to pay liabilities and information re pending receipts
Petitioner(s) alleges Diane Fedders managed assets for the trust and statements have been requested so the account can be updated. If they are not provided, Petitioner requests that she be ordered to provide an account
Trustee fees: $236,500 after reducing the total amount by $64,500 for the rental value of the trust property where petitioner lived. The trustees fees are based on 12,040 hours (10 hours per day every day for 43 months) at $25 per hour
Petitioner(s) alleges that the trustee's fees include taking care of the ranch grounds, managing any paying trust liabilities, taking care of the animals, making repairs, managing labors, taking care of the properties of the estate
Attorney fees requested greater than $50,000, but it is requested that only $50,000 be reimbursed based on settlement agreement
Petitioner(s) request(s) reimbursement for loans to the trust in the amount of $197,485.23
---------------DEFICIENCIES---------------
Cash accounting is out of balance by $11.82. Petitioner requests that this be deemed as di minimis
---------------QUESTIONS---------------
Question reasonableness of the requested trustee's fees - alleges to have worked every day, for 10 hours per day, for 43 months. Supplement filed 06/05/24 sets forth what work was performed wich appear to be managing the properties
Question payments of club fees for Planet Fitness (benefit to the trust?), returned deposit items in disbursements, and personal withdrawals. See response in 06/05/24 supplement
-------------PROPOSED ORDER------------
Order submitted - amount of loan reimbursement differs from petition; trustee fees does not include reduction amount for rental property
--------------------------------
1 continuance(s)
Examined by S. Cruz on 03/29/24
Update by O. Ciftcikara on 04/18/24
Updated by J Real on 06/24/24
Updated by J Real on 07/10/24
Updated by J Real on 07/24/24
 
Response to KH accounting:
 

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