27 January 2012

TENTATIVE DECISION


It must be noted that it was always agreed within the family that if Daddy passed everything belonged to Momma, that if Momma passed everything belonged to Daddy. But, then there was a power grab within the family, Robert being the ring leader thus forcing Momma's conservator to protect her interest.

Page 3 and Page 4 of the decision would like for one to believe that the conservator acted to lay claim to all the property and not for the benefit of the conservatee, going even further to proclaim:

"It was her conservator - not Edwina as a competent person - that did so."

When in reality, everyone in the family and the Court should know that Momma has always suffered from a mental disorder.

OTHER CASES: BP 122665 Thelsey Fuller Trust & BP 118616 Estate of Thelsey Fuller

In regards to the real property on 12th Ave, Inglewood, CA:

"Thelsey was duly served, has had an opportunity to object to the petition and failed to do so."

Probate Notes
Department LA 99 Court Convened at: 10:00:00 AM 5/23/2011
Continuance Number: 18
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)

The objections were filed five months after Robert and Doris hired Daniel Kristof Lak and three months after Robert and Doris had Mr. Lak draw up the Trust and the Trust Amendment.

Robert and Doris also had Daniel Kristof Lak place the Belhaven Ave property into the Trust after they had Daddy sign the Trust Amendment.

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Section 259 of the Probate Code. (a) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) where all of the following apply:
(1) It has been proven by clear and convincing evidence that the person is liable for physical abuse, neglect, or fiduciary abuse of the decedent, who was an elder or dependent adult.
(2) The person is found to have acted in bad faith.
(3) The person has been found to have been reckless, oppressive, fraudulent, or malicious in the commission of any of these acts upon the decedent.
(4) The decedent, at the time those acts occurred and thereafter until the time of his or her death, has been found to have been substantially unable to manage his or her financial resources or to resist fraud or undue influence.
(b) Any person shall be deemed to have predeceased a decedent to the extent provided in subdivision (c) if that person has been convicted of a violation of Section 236 of the Penal Code or any offense described in Section 368 of the Penal Code.
(c) Any person found liable under subdivision (a) or convicted under subdivision (b) shall not (1) receive any property, damages, or costs that are awarded to the decedent's estate in an action described in subdivision (a) or (b), whether that person's entitlement is under a will, a trust, or the laws of intestacy; or (2) serve as a fiduciary as defined in Section 39, if the instrument nominating or appointing that person was executed during the period when the decedent was substantially unable to manage his or her financial resources or resist fraud or undue influence. This section shall not apply to a decedent who, at any time following the act or acts described in paragraph (1) of subdivision (a), or the act or acts described in subdivision (b), was substantially able to manage his or her financial resources and to resist fraud or undue influence within the meaning of subdivision (b) of Section 1801 of the Probate Code and subdivision (b) of Section 39 of the Civil Code.
(d) For purposes of this section, the following definitions shall apply:
(1) Physical abuse as defined in Section 15610.63 of the Welfare and Institutions Code.
(2) Neglect as defined in Section 15610.57 of the Welfare and Institutions Code.
(3) False imprisonment as defined in Section 368 of the Penal Code.
(4) Fiduciary abuse as defined in Section 15610.30 of the Welfare and Institutions Code.
(e) Nothing in this section shall be construed to prohibit the severance and transfer of an action or proceeding to a separate civil action pursuant to Section 801.


What happened to Daddy's original will?


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