PROBATE NOTES & MORE, BP099211

Over, five months after the conservator for Edwina Fuller filed PC 850 with the court, and after Robert and Doris generated the Thelsey S. [sic] Fuller Trust with the help of THEIR attorney, Daniel K. Lak and after establishing POA . . . objections are filed?

Keep in mind that everything that was done by Daniel K. Lak was done for the benefit of Robert and Doris.

I'm positive that Thelsey could have called an attorney long before Robert and Doris hired Mr. Lak if he had a problem with adding his wife's name to ANY of the real propety in question.

Also, you can see that Robert and Doris removed $3,000.00 the very day Steven asked the court to put a hold on Daddy's bank account and the very next day removed most if not all of Thelsey's money [$235,000.00] from his account . . . calling it a "gift."

FACTS
05/12/2008 Determine Ownership (PC 850)
Filed by Petitioner

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 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

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

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

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 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