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Carmichael
John H. Carmichael, Esq. (196416)
2 13700 Cimarron Avenue
Gardena, California 90249
3 Telephone: 310.345.2525
Email: jhclaw@gmail.com
4 Attorney for Claimant
Connor Cochran
5
16
INTRODUCTION
17 Comes now Petitioner Connor Cochran, son and heir of Doris Cochran,
18 Petitioning the Court for an order (1) Requiring the Trustee of his late mother's
19 Trust (Steven Cochran) to provide a copy of said Trust and the Amendment to
20 Petitioner forthwith and (2) to invalidate the Trust Amendment:
21 1. The Decedent, Doris Cochran ("Doris"), died in Riverside County on
22 September 23, 2013. See Declaration of Connor Cochran, 'If 4, attached to this
23 Petition as Exhibit A and fully incorporated herein.
24
2. Doris is succeeded by three sons, the moving party Connor Cochran, as
25 well as Steven Cochran and Kevin Cochran. C. Cochran Decl. '11'11 5-8.
26 3. Steven informed Connor that he has been "cut out" of Doris' original
27 Trust document by a subsequent amendment. Exhibit A to C. Cochran Decl.
28 4. Steven claimed he had been advised by an unnamed attorney that he
TRUST CONTEST FOR CONNOR FROM CHARLIE 2-12-14 PAGE 1
1 could "proceed? doing whatever it is he believes a Trustee can and should do
2 under a California Trust. Exhibit A to C. Cochran Decl.
3 5. However, Steven has not sent or otherwise provided Connor with a
4 copy of either the June 3, 1997 Trust or the November 29, 1999 alleged
5 amendment thereto, despite Connor's timely written request for such a copy.
6 6. By this Petition, Connor respectfully requests this Court to issue an
7 order requiring Steven Cochran to comply with that provision of California law
8 forthwith by sending such trust to Connor's representative immediately.
9 7. Secondly, because Steven has indicated an intent to "proceed" without
10 specifying what that means (Exhibit A to C. Cochran Decl.), Petitioner can only
11 assume he means to distribute the assets of the Trust, if any, to himself and any
12 other beneficiaries as stated on the purported Amendment thereto, without prior
13 notification to Connor.
14 8. Petitioner has been informed, but has not been able to confirm through
15 examination, that the Trust and purported Trust Amendment exist and that the
16 purported Trust Amendment "cuts him out" of the terms of the original Trust.
17 9. Petitioner asserts the purported Trust Amendment was accomplished
18 through the undue influence, fraud, and preying upon the mental incapacity of
19 Doris Cochran by other beneficiaries of the Trust; through misconduct by
20 unrelated third parties; or both. On this basis, Petitioner alleges:
21 ALLEGATIONS
24 11. At all times relevant to the allegations in this petition, Petitioner was a
25 resident of the State of California.
26 12. At all times relevant to the allegations m this petition, Settlor was a
27 resident of the State of California.
28 13. On or about September 23, 2013, the Settlor, a resident of the County
TRUST CONTEST FOR CONNOR FROM CHARLIE 2-12-14 PAGE2
1 of Riverside in a nursing facility, died in the County of Riverside. Settlor had
15 Cochran family to pay her "a significant sum of money" (Kevin's words) that
16 Connor purportedly owed to Gloria;
17 (c) This money had been paid to Gloria by Steven, who was then
18 reimbursed by Doris;
19 (d) The purported Trust Amendment was made under the undue
20 influence of Gloria and Steven, acting together or separately;
21 (e) The purported Trust Amendment was procured directly or
22 indirectly in reliance upon allegations of fact made by Gloria and/ or Steven;
23 (0 During the year prior to her death, Doris expressed to Kevin that
24 she wanted to correct this situation - "disinheritance" of Connor - and "make
25 things right" (Kevin's words) regarding Connor;
26 (g) Despite being informed by Kevin that an equal division among the
27 three children was Doris's clearly expressed wish, Steven refused to take the
28 steps required by a fiduciary to implement the Settlor's wishes regarding the
TRUST CONTEST FOR CONNOR FROM CHARLIE 2-12-14 PAGE3
1 trust, including explicitly refusing to bring appropriate instruments to Doris in
2 her nursing home or arrange for Doris to independently consult counsel; and
3 (h) Kevin hoped Connor would accept a radically reduced share of
4 Kevin's own share of the proceeds of the Trust as distributed under the
5 purported Amendment instead of challenging the Trust or Amendment, and
6 without having had an opportunity to examine the Trust or purported
7 Amendment.
8 17. At all times on and after her admission to an extended-care nursing
9 home in Riverside County some time prior to her death, the Settlor had
10 substantial difficulty managing her financial resources because she suffered from
11 one or more of the mental deficits listed in Probate Code 811(a)(1)-(4), as
12 hereinafter described.
18
14
ichael, Esq.
15 torney for the Petitioner, Connor Cochran
16
17
18
19 VERIFICATION
21 have read the foregoing petition and know the contents thereof. The same is true
24 I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
---
25
26
27 Connor Cochran
28
TRUST CONTEST FOR CONNOR FROM CHARLIE 2-12-14 PAGE9
1 Law Offices of John H. Carmichael
John H. Carmichael, Esq. (196416)
2 13700 Cimarron Avenue
Gardena, California 90249
3 Telephone: 310.345.2525
Email: jhc/aw@9mailcom
4 Attorney for Claimant
Connor Cochran
5
15
16 I, an adult over eighteen years of age, hereby state and declare that the
17 following statements are true and correct to the best of my knowledge, and that I
18 would be prepared to so testify under oath:
19 1. I am the child by birth of Doris Cochran, the decedant in this matter.
20 2. I have neither committed any act nor failed to perform any duty such
21 that I would be barred from participation in my mother's estate or affairs.
22 3. I last visited my mother on or about August 24, 2013 while on business
23 travel to the Los Angeles area. At that time, she verbally expressed to me her
24 intention that I would share in her estate.
25 4. My mother died on or about September 23, 2013.
26 5. I have been informed by my older brother Steven Cochran, purportedly
27 acting as trustee in accordance with a purported trust instrument of which I was
28 never informed and have never received a copy, that I had been entirely cut out
E211CONTEST-EXHA PAGE 1
1 of my mother's estate and affairs. See Steven Cochran E-mail of October 16,
15
Connor Cochran
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E211CONTEST-EXHA PAGE3
1 INDEX OF EXHIBITS
2
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
E2!!CONTEST-EXHA PAGE4
--~ --~-----------------
Exhibit A
Doris Cochran passed at approximately 6:40 A.M. on Monday, September 23rd. I was at
her bedside. A constant vigil had been kept from 8:30P.M. the previous Tuesday. She had
her health up until the previous Monday, September 16th. Her mind was clear and alert
right up to the end. It has been only 23 days since her death.
The "Estate" of Doris M. Cochran was held in a Living Trust. Retaining a local attorney,
Stan and Doris Cochran established the Trust on June 3rd, 1997. Again, retaining a local
attorney, Doris Cochran amended the Trust - changing the provisions for "Distribution of
Income and Principal" - on November 29th, 1999. In amending the Trust, Doris Cochran
formalized her decision to disinherit and omit any provision in the Trust for Connor Freff
Cochran (formerly known as Jeffery Scott Cochran). It was her decision that this action be
kept from her son. It was her instructions that this information not be shared beyond the
immediate 3 family members.
As Trustee, I have retained a Probate Attorney to advise, and if necessary represent me, as
I fulfill my obligations as defined by the provisions of the Trust. The documents associated
with the Estate have all been reviewed and found to be complete and in order. The law is
clear. With the documents complete and in order, I have been advised that I can proceed.
Doris Cochran was of clear and sound mind right up to the end. She was precise in how she
wanted this affair handled - specific in her final instructions.
If you need to communicate with someone, it should be with me. Talking with anyone else
is a waste of your time - an unnecessary inconvenience to whomever you've reached out to.
I'm the only one that can do anything here - if you feel the need to talk, I'm the guy you
need to be talking to.
Steve Cochran
970-388-9239
cochrans2812@yahoo.com
----------------------------
Exhibit B
Dear Steve:
Please immediately identify your counsel of record, so my attorneys can contact him.
Failure to immediately identify your counsel will result in needless further legal
proceedings.
In addition, I am putting you on notice not to distribute any assets from any purported
Trust to yourself, to Kevin, or anyone else until my attorney can examine said purported
Trust. Doing so would violate the California probate code in many ways.
A minor correction: the name my mother and father gave me at birth was "Jeffrey," not
"Jeffery."
I will stop talking with other people once I have confirmed your current mailing address. If
you don't want me bothering anyone or "wasting my time" you can always cough it up via
return email, instead of continuing to ignore my repeated requests fur it.
Finally: I do not feel the need to talk, nor do I have any interest in speaking with you.
>From this point forward my attorneys will do my talking for me.
Sincerely,