Department LA 99 Court Convened at: 10:00:00 AM 5/23/2011
Honorable Marvin Lager
S.L. Williams , Deputy County Clerk , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP099211 303 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
DETERMINE OWNERSHIP (PC 850)
Petitioner(s): Fuller, Steven A.
Attorney(s): Anderson, Sandra Jones, Attorney a
Continuance Number: 18 Continuance From: Monday, April 25, 2011
Last Date Changed: Monday, May 16, 2011 9:43:23 AM
Last Note Changed By: SRILEY
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 10.3 of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.
PRIOR ORDERS: Cont to 5/23/11
SUMMARY
Petnr is son/consr of person & estate Ltrs 2/16/07
30 days personal service notice of hearing (Thelsey; Shirley) filed per PC851(a) ok
1st Supp filed 8/6/08; 2nd supp filed 3/4/09; 3rd supp filed 3/17/09
OTHER CASES: BP 122665 Thelsey Fuller Trust & BP 118616 Estate of Thelsey Fuller
MATTERS TO BE CLEARED: N/A
FACTS: Petnr alleges that consee is separated from her spouse, Thelsey, and that on 8/21/68 Thelsey took C/P funds and purchased R/P located at 8625 Twelfth Avenue, Inglewood, CA, identifying himself as an "unmarried man." Petnr alleges that Thelsey continues to hold title to R/P. Petnr confirmed that Thelsey purchased the R/P with Odessa Gains (a former girlfriend of Thelsey). Odessa, now decd, was listed on the joint tenancy grant deed as "a single man". Petnr alleges the purchase of the R/P was made with C/P funds and was not made known to the consee. Petnr alleges that on 2/23/03, Odessa signed a quit claim deed on which she indicated that the transfer was a "gift" of the R/P to Thelsey. Petnr alleges that consee has a C/P interest in this property and that her name should be added as co-owner of the R/P. Further, Petnr alleges R/P located at 1916 North Bellhaven Ave, Los Angeles is occupied rent-free by one of the consee's children (Shirley) and thus, is not producing income to support the proposed consee. Petnr further alleges that Thelsey and Shirley are taking actions w/o the petnr's or the consee's consent to remove the consee's name from the property. Petnr alleges that he has determined that the FMV for the R/P was $1,200/month and has made a demand that Shirley pay to him one-half the market value of the R/P. 2ND SUPP FILED 3/4/09: Objr lacks standing to object to the petnr's request regarding the Inglewood property. Objr is not the spouse, nor does she hold a pwr of atty for Thelsey Fuller, petnr's father. Thelsey was duly served, has had an opportunity to object to the petition and failed to do so.
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OBJECTIONS : Filed on 9/4/08
OBJECTOR: Shirley Ritchey
ATTORNEY FOR OBJECTOR: Anthony P. Martin
SUMMARY:
Objr is daughter of consee
Objs verified & served
MATTERS TO CLEAR:
A. What is objr's standing to object to this petition? - supp reqd
ARGUMENT: Objr alleges that she is 70 yrs old and has been "permanently disabled" (Lupus Erythematosus) since 1999 and is on a fixed income of approx $1,029/month. Objr alleges she currently resides in the subject R/P and that it is jointly owned by both objr and her mother and father and since 2000 has lived there rent free with the consent of her mother and father, after it had been vacant for approx 6 months. Objr objs to the allegation that the fair market rental value of the property is $1,200/month. Objr alleges the R/P is currently in a state of disrepair. Objr further objects to the allegation that her father is afraid of objr.
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OBJECTIONS : Filed on 10/30/08
OBJECTOR: Thelsey L. Fuller
ATTORNEY FOR OBJECTOR: Daniel K. Lak
SUMMARY:
Objr is spouse of consee
Supplement to objs filed 4/8/09
MATTERS TO CLEAR:
A. Objs not served on petnr and petnr's counsel and objr Shirley Ritchey - no proof of service filed
ARGUMENT: Objr Thesley and consee Edwina were separated at the time of the purchase of the property and therefore Edwina is not entitled to a C/P interest. Petnr has offered no evidence to support the allegation that community funds were used to purchase the R/P.
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RELIEF:
1. JTD issuing an order determining that one-half of R/P located at 8625 Twelfth Avenue, Inglewood, CA belongs to the cshp est as C/P
2. JTD issuing an order that title to one-half of the Inglewood R/P is rightfully in petnr as consr of est
3. JTD issuing an order that Thelsey Fuller has a one-half interest in the Inglewood R/P
4. JTD issuing an order confirming that one-half of R/P located at 1916 North Bellhaven Ave, Los Angeles belongs to the cshp est
5. JTD issuing an order that the cshp est is entitled to one-half of the fair market rent for the Bellhaven R/P
6. JTD issuing an order directing Shirley Carol Ritchey to pay to the conservatorship estate the sum of $600/month in rent to the consee or to the cshp estate
7. JTD objections of Shirley Ritchey: requests that the petn to determine title to R/P be denied; b) that one-half of the fair-rental value the R/P commonly known as 1916 N. Bellhaven Ave, Los Angeles, CA be determined to be $300.00
8. JTD objections of Thelsey L. Fuller: that petition be denied
PA COMMENTS: See prior orders - Trial
mosborne@lasuperiorcourt.org
MO(6/18)MO(7/28) MO(9/15)MO(10/27)MO(12/31)MO(3/9) MO(7/8)MG(7/20)MO(8/10)MO(10/9) PYD 1/12 MO(5/17)MO(7/23) PYD 7/29 10/1 MO(4/20) PYD 5/13
RECOMMENDED DISPOSITION:
RELATED ITEMS: 304-305 & RELATED CASE #302 BP 122665
Order to be Prepared By Clerk: Attorney:
Department LA 99 Court Convened at: 10:00:00 AM 5/23/2011
Honorable Marvin Lager
S.L. Williams , Deputy County Clerk , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP099211 304 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
DETERMINE OWNERSHIP (PC 850)
Petitioner(s): Fuller, Steven A.
Attorney(s): Anderson, Sandra Jones, Attorney a
Continuance Number: 2 Continuance From: Monday, April 25, 2011
Last Date Changed: Monday, May 16, 2011 9:44:18 AM
Last Note Changed By: SRILEY
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 10.3 of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.
PRIOR ORDER: Cont to 5/23/11
SUMMARY:
filed 8/20/10 - vol 2 only available for 4/25/11 hearing
petnr is consor of P & E
ntc to Doris Fuller ok her objections filed
OTHER CASES: BP 118616 Estate of Thelsey Fuller and BP 122665 Fuller Trust
MATTERS TO CLEAR:
A. no 30 day ntc personal svc Robert Fuller & David Lewin - ntcs for RPs to appear at trial mailed 4/10/11 for 4/25/11 hrng, insuff ntc
B. no ntc to consee
C. are real properties held by tee of trust? Who has possession/control of them?
D. what specific assets does petn claim belong to the consee? petn is very unclear - supp required
FACTS: consee is the surviving spouse of Thelsey L. Fuller - Thelsey died on 8/26/09 - the consee & Thelsey had 5 children, including petnr, Robert Fuller, Doris Fuller, Shirley Ritchey & Sandra Arnold - the parties married in 1937 & during the entire period of their marriage, until Thelsey's d/d, they parties lived together as H & W
on 7/23/08 Thelsey executed an IV trust - petnr believes trust was established to hide assets from the conservatee - petnr contends (?) that Robert Fuller and Doris Fuler executed a plan w/the assistance of their atty to defraud & take the majority of the estate assets via that trust - the trust (or its amendment) omitted the conservatee & provided for dist of the bulk of the estate to Robert & Doris - Thelsey's trust states that the settlor is unmarried & that his marriage to the consee was dissolved by a judgment in 1968
alleges Robert Fuller may have taken complete control of Thelsey's retirement accts at Smith Barney & AIG w/combined bal of appx 272,000, a checking acct w/appx bal of 50,000, post retirement income & rental income - on 7/1/09 (shortly before Thelsey's d/d) Robert & Doris closed bank accts taking & dividing 235,152.28 of Thelsey's & Edwina's c/p assets between themselves
In addition to the cash accts, the conservatee & Thelsey owned interests in r/p located at 1916 N. Belhaven Ave., LA (family home, acquired in 1941) & r/p 8625 Twelfth Ave., Ingelwood (title to Twelfth Ave. R/p was acquired with c/p but title is in Thelsey's name as an unmarried man) - unclear from petn whether these properties were transferred to Thesley's trust
Alleges in question herein is the character of Thelsey's property at his d/d - if r/p located on 12th Ave. r/p was purchased with community property then the ocnsee is entitled to have it passed and confirmed to her, however, if that r/p is Thelsey's s/p, the crt must address the omission of the consee from the trust (Thelsey's?) & the allegation that consee's and Thelsey's marriage was dissolved by judgment in 1968
David Levin is the crt apptd pers rep of Thelsey's estate (BP 118616)
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OBJECTIONS: supp objections filed 11/24/10
Objector: Doris Fuller
Objector's Attorney: Daniel K. Lak
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Objector is consee's daughter/claimant
MATTERS TO CLEAR:
A. when were objections filed? only supp objections are in court file
A. filing fees have not been pd
FACTS-OBJS: Alleges the consee & Thelsey married in 1937, however they separated in the first quarter of 1968 as evidenced by the fact that Thelsey moved from the family home to the residence of his then girlfriend Odessa Gaines - because of the separation, Thelsey's earnings, and accumulations from those earnings, were his s/p - the 12th St r/p was acquired after Thelsey's separation from the consee & therefore is Thelsey's s/p - objector claims that petnr has failed to meet burden of proof contained in Evid Code section 500, in that petnr has provided no evidence that c/p funds were used to purchase 12th St. r/p
RELIEF:
1. JTD join Robert Fuller, individually & as tee of the Thelsey L. Fuller Revocable trust & Doris Fuller Stewart and David Levin in PC 850 petn
2. JTD determine who is entitled to r/p & p/p assets of Thelsey Fuller
3. JTD fashion a remedy to resolve the issues before it (?)
4. JTD require Thelsey's assets be placed in his estate until the court makes a determination re proper disposition
5. JTD determine whether funds belonging to Thelsey Fuller are still in the possession of Robert Fuller & Doris Fuller Stewart & if so direct them to turn over the assets to David Lewin the administrator of Thelsey's estate
6. JTD Place any addl r/p, if any, deemed to have been held by Thelsey under the juris of the admin until issues of alleged estate planning documents & possible elder abuse are resolved
7. JTD impose a civil penalty per PC 859 if the crt determines that Thesley's assets were wrongfully taken by Robert Fuller & Doris Fuller Stewart to avoid supporting the consee
8. JTD-OBJS: deny petn
PA's COMMENTS: see prior orders o/w this petn is very unclear - unable to determine what if any assets petnr claims belong to the consee - appears most of the relief concerns returning property to Thelsey's estate or trust & if so, this petn should be brought in those proceedings
sriley@lasuperiorcourt.org
SRR 11/8/10
RECOMMENDED DISPOSITION:
RELATED ITEMS: 303, 305 & RELATED CASE #302 BP 122665
Order to be Prepared By Clerk: Attorney:
Department LA 99 Court Convened at: 10:00:00 AM 5/23/2011
Honorable Marvin Lager
S.L. Williams , Deputy County Clerk , Deputy Sheriff
S. Baker, CSR 9249 , Reporter
BP099211 305 FULLER, EDWINA - CONSERVATORSHIP
Conservatorship-Pers
AMENDED-DETRM OWNERSHIP (PC 850)
Petitioner(s): Fuller, Steven A.
Attorney(s): Anderson, Sandra Jones, Attorney a
Continuance Number: 1 Continuance From: Monday, April 25, 2011
Last Date Changed: Monday, May 16, 2011 9:44:37 AM
Last Note Changed By: SRILEY
To clear probate notes "filed documents" must be submitted to Rm 258, within time frames set forth in Rule 10.3 of LASC Rules. You may contact the Probate Attorney whose E-Mail address appears at the end of these notes, subject to compliance with all conditions governing the use of Interactive E-Mail. E-mail Rules are available in Rm 258 and on the Court's web site at www.LASuperiorCourt.org.
PRIOR ORDER: Cont to 5/23/11
SUMMARY:
filed 10/20/10 - No file available for 5/23/11 hearing - reviewed from imaged files only
petnr is consor of P & E
OTHER CASES: BP 118616 Estate of Thelsey Fuller and BP 122665 Fuller Trust
MATTERS TO CLEAR:
A. no 30 day ntc personal svc Doris Fuller Stewart, Robert Fuller & David Lewin - ntcs for RPs to appear at trial mailed 4/10/11 for 4/25/11 hrng, insuff ntc
B. no ntc to consee
C. are real properties held by tee of trust? Who has possession/control of them?
D. what specific assets does petn claim belong to the consee? petn is very unclear - supp required
E. unable to determine how this amended petn differs from petn at #303 - supp required
FACTS: consee is the surviving spouse of Thelsey L. Fuller - Thelsey died on 8/26/09 - the consee & Thelsey had 5 children, including petnr, Robert Fuller, Doris Fuller, Shirley Ritchey & Sandra Arnold - the parties married in 1937 & during the entire period of their marriage, until Thelsey's d/d, they parties lived together as H & W
on 7/23/08 Thelsey executed an IV trust - petnr believes trust was established to hide assets from the conservatee - petnr contends (?) that Robert Fuller and Doris Fuler executed a plan w/the assistance of their atty to defraud & take the majority of the estate assets via that trust - the trust (or its amendment) omitted the conservatee & provided for dist of the bulk of the estate to Robert & Doris - Thelsey's trust states that the settlor is unmarried & that his marriage to the consee was dissolved by a judgment in 1968
alleges Robert Fuller may have taken complete control of Thelsey's retirement accts at Smith Barney & AIG w/combined bal of appx 272,000, a checking acct w/appx bal of 50,000, post retirement income & rental income - on 7/1/09 (shortly before Thelsey's d/d) Robert & Doris closed bank accts taking & dividing 235,152.28 of Thelsey's & Edwina's c/p assets between themselves
In addition to the cash accts, the conservatee & Thelsey owned interests in r/p located at 1916 N. Belhaven Ave., LA (family home, acquired in 1941) & r/p 8625 Twelfth Ave., Ingelwood (title to Twelfth Ave. R/p was acquired with c/p but title is in Thelsey's name as an unmarried man) - unclear from petn whether these properties were transferred to Thesley's trust
Alleges in question herein is the character of Thelsey's property at his d/d - if r/p located on 12th Ave. r/p was purchased with community property then the ocnsee is entitled to have it passed and confirmed to her, however, if that r/p is Thelsey's s/p, the crt must address the omission of the consee from the trust (Thelsey's?) & the allegation that consee's and Thelsey's marriage was dissolved by judgment in 1968
David Levin is the crt apptd pers rep of Thelsey's estate (BP 118616)
RELIEF:
1. JTD join Robert Fuller, individually & as tee of the Thelsey L. Fuller Revocable trust & Doris Fuller Stewart and David Levin in this petn to permit the court to resolve the issues of the underlying 850 petn
2. JTD determine who is entitled to r/p & p/p assets of Thelsey Fuller [this request must be brought in Thelsey's estate/trust proceeding]
3. JTD fashion a remedy to resolve the issues before it (?)
4. JTD require Thelsey's assets be placed in his estate until the court makes a determination re proper disposition [note: does not appear petnr/consor is in possession of assets belonging to Thelsey, therefore this relief must be sought in Thelsey's estate or trust proceeding]
5. JTD determine whether funds belonging to Thelsey Fuller are still in the possession of Robert Fuller & Doris Fuller Stewart & if so direct them to turn over the assets to David Lewin the administrator of Thelsey's estate [this request must be brought in Thelsey's estate]
6. JTD Place any addl r/p, if any, deemed to have been held by Thelsey under the juris of the admin until issues of alleged estate planning documents & possible elder abuse are resolved - [this relief must be sought in Thelsey's estate]
7. JTD impose a civil penalty per PC 859 if the crt determines that Thesley's assets were wrongfully taken by Robert Fuller & Doris Fuller Stewart to avoid supporting the consee
PA's COMMENTS: see prior orders o/w this petn is very unclear & unable to determine how this amended petn differs from the petn at #303 - unable to determine what if any assets petnr claims belong to the consee - appears most of the relief concerns returning property to Thelsey's estate or trust & if so, this petn should be brought in those proceedings
sriley@lasuperiorcourt.org
SRR 11/8/10
RECOMMENDED DISPOSITION:
RELATED ITEMS: 303, 304 & RELATED CASE #302 BP 122665
Order to be Prepared By Clerk: Attorney:
