SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
CENTRAL DISTRICT
Case No. BP 099 211
1 Sandra Jones Anderson #093456
.. Attorney at Law
2 500 South Grand Avenue, 19th Floor
Los Angeles, CA 90071
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(213) 683-5333 FAX (213) 627-9920
Attorney for STEVEN FULLER
5 Conservator of the Person & Estate
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
CENTRAL DISTRICT
In re the Conservatorship of
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EDWINA FULLER,
Conservatee
Case No. BP 099211
AMENDED PETITION TO DETERMINE
TITLE PURSUANT TO PROBATE
CODE §§ 850, 855, 856. AND 859,
(ORIGINALLY FILED MAY 12, 2008)
Judge: Lager
Dept. 99
Time: 10:00 a.m.
Trial Date: April 25, 2010
24 Petitioner, Steven Fuller, alleges:
25 1. Petitioner is the Conservator and son of the Conservatee, Edwina Fuller.
26 Edwina Fuller is the mother of five children: Robert Fuller, Doris Fuller, Shirley Carol
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28 AMENDED PETITION TO DETERMINE TITLE PURSUANT TO PROBATE CODE §§ 850, 855, 856. AND 859, (ORIGINALLY FILED MAY 12, 2008)
FULLER, EDWINA BP 099 211
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1 Ritchey, Sandra Arnold and the petitioner. The Court appointed Steven Fuller Conservator
2 of the estate of EDWINA FULLER, Conservatee, on February 8, 2007. This appointment
3 was made after a trial because EDWINA FULLER did not support the Conservatorship.
4 Edwina Fuller has suffered from chronic psychiatric disorder since the 1950's.
5 2. Edwina Fuller is the surviving spouse of the deceased, Thelsey L. Fuller;
6 having married him in 1937. In 1941 Thelsey Leo Fuller and Edwina Fuller purcbased a
7 home at 1916 North Belhaven Avenue, Los Angeles, California 90059 (hereinafter "the
8 Belhaven" property) and legally described as
9 Tract No 12999 Lot 79
10 APN 6134-030-040
11 The marriage was dissolved with the death of Thelsey L. Fuller on August 26, 2009.
12 3. In April 1968, during their marriage, THELSEY L. FULLER took community
13 property funds and secretly on August 21, 1968, in the thirty-first year of their marriage and
14 while residing with the Conservatee closed escrow on real property, identifying himself as
15 . an "unmarried man." TIIELSEY L. FULLER continued to hold title to said real property
16 (hereinafter the "Twelfth Avenue" property) which is located in the City of Inglewood,
17 County of Los Angeles, State of California, is commonly known as 8625 Twelfth Avenue,
18 Inglewood, California 90305 and is legally described as:
19 Lot 9 in Block "D" of Tract 9085, as per map recorded in Book 120 Page 36 of
20 Maps, in the office of the county recorder of-said county.
21 APN: 4025-005-033
22 THELSEY L. FULLER took title as an "unmarried man." THELSEY L. FULLER had no
23 separate property, did not inherit any property during the marriage, and thus only had
24 available to him Iris community property earnings and savings for the purchase of the home.
25 4. At time of the purchase of the Twelfth Avenue Property he and EDWINA
26 FULLER were living together. They were never divorced nor legally separated. Thelsey L.
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28 AMENDED PETITION TO DETERMINE TITLE PURSUANT TO PROBATE CODE §§ 850,
855, 856. AND 859, (ORlGINALLY FILED MAY 12, 2008)
FULLER, EDWINA BP 099 211
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FULLER, EDWINA BP 099 211
1 Fuller moved in and out of the home with the Conservatee as his mood suits him. On
2 December 8, 1969, EDWINA FULLER applied for Aid to Families 'With Dependent
3 Children (AFDC) after having cashed in her insurance policy in September 1969.
4 5. In 2008, Shirley Carol Ritchey had a power of attorney for the now deceased
5 Thelsey L. Fuller. Robert L. Fuller and Doris Fuller expressed to petitioner their concern
6 regarding Shirley Carol Ritchey's control of their father's funds and indicated they wanted
7 the power of attorney revoked and the father's properties protected against a transfer into the
8 name of Shirley Carol Ritchey.
9' 6. On May 12, 2008, Petitioner filed a Probate Code 850 Petition to preserve the
10 . Conservatee's community property interest in the Belhaven Property and the Inglewood
11 Property. In addition, Petitioner sought the Conservatee's interest in the accumulated
12 retirement benefits of Thelsey Fuller, believed to have been in excess of $300,000.00 and to
13 require payment of market rent by Shirley Carol Ritchey, occupant of the Belhaven property.
14 7. In 2008, following Thelsey L. Fuller having received a diagnosis that he was
15 terminally ill, he spent one night with Doris Fuller in her home and then in June 2008, moved
16 to the petitioner's home to be with his spouse, Edwina Fuller.
17 8. THELSEY L. FULLER was employed as a postal worker during the marriage
18 and accrued retirement during the marriage. He moved in and out of the home with
19 EDWINA FULLER, did not provide her with any income, failed to provide support for wife
20 and his minor child, and forced the Conservatee to rely on public benefits for her care and for
21 the care of their then minor child.
22 9. With the filing of the Probate Code 850 petition, ROBERT FULLER engaged
23 Attorney Lak on behalf of THELSEY L. FULLER who, at that time was a 91-year-old with
24 multiple medical problems. Petitioner questioned the competence of Thelsey L. Fuller.
25 Petitioner believed that ROBERT FULLER may have taken complete control of THELSEY
26 L. FULLER's assets which Petitioner believed to be a retirement account with Smith Barney
27 with a balance exceeding $200,000.00, a retirement account with AIG of an estimated
28 AMENDED PETITION TO DETERMINE TITLE PURSUANT TO PROBATE CODE §§ 850, 855, 856. AND 859, (ORIGINALLY FILED MAY 12, 2008)
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1 $72,000.00, a checking account with a balance of up to $50,000.00, postal retirement income,
2 and possible rental income.
3 10. On May 12, 2008, Petitioner filed a petition under Probate Code 850 to request
4 the Court to determine title to community property assets controlled and held by THELSEY
5 L. FULLER., spouse of the Conservatee.
6 11. On or about July 21, 2008, Robert Fuller and Doris Fuller removed Thelsey
7 Fuller from the home of petitioner in which Thelsey Fuller had reunited and was living with
8 his spouse, Edwina Fuller, the Conservatee.
9 12. Robert and Doris Fuller assumed control and care of Thelsey Fuller and on July
10 23,2008, Thelsey L. Fuller allegedly executed the "Thelsey S. Fuller Revocable Trust,"
11 (hereinafter the "Trust")( emphasis added).
12 13. Among the declarations in the alleged Trust allegedly signed by Thelsey L.
13 Fuller are the following::
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"1.4 Marital Status. The settlor is not currently married."
"1.5 Previous Marriage. The settlor was previously married to Edwina
Fuller, but that marriage was dissolved by a Judgement in 1968."
17 14. The schedule of assets in the alleged trust includes the Twelfth Avenue
18 Property, the real property that is the residence of Doris Fuller, and the Citibank account.
·19 15. The Thelsey S. Fuller Revocable Trust was purportedly amended on September
20 16, 2008 to correct the name of the trust and to alter the disposition of assets following the
21 death of the Settlor.
22 16. On June 30, 2009, Petitioner filed a Motion and Application for a Temporary
23 Restraining Order to Prevent Removal of Funds From Accounts in the Name of Thelsey L.
24 Fuller Now on Deposit with Citibank, Inglewood Branch. These assets were not in the
25 Thelsey L. Fuller Revocable Trust.
26 17" On July 1, 2009, Robert L. Fuller and Doris Fuller closed the account containing
27 the community property retirement funds and divided the $235,152.28 that was in account
28 AMENDED PETITION TO DE1ERMINE TI1LEPURSUANT TO PROBATE CODE §§ 850, 855, 856. AND 859, (ORIGINALLY FILED MAY 12, 2008)
FULLER, EDWINA BP 099 211
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1 4-46814907 between themselves. Robert Lewis Fuller took cashier's check number
2 310852478 for $117,576.14. Doris Fuller Stewart took cashier's check number 310852479
3 for $117,576.14.
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18. On August 26,2009, Thelsey L. Fuller died in a nursing home, the location of
5 which was kept secret from the three other children of Tbelsey L. Fuller.
6 19. Robert Lewis Fuller, an individual, and as Trustee of an alleged Thelsey S. Fuller
7 Trust [sic], daughter Doris Fuller Stewart, as an individual, both of whom took control of the
8 person and estate of Thelsey L. Fuller and depleted at least one of his non-trust bank
9 accounts as evidenced by the bank statements and checks attached hereto as Exhibit "A."
10 20. David Lewin was appointed the administrator of the estate of Thelsey L. Fuller,
11 Los Angeles Superior Court Case No. BP 118616.
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21. At issue in the Petition to Determine Title is the character of the decedent's
13 property at the time of his death. If the Twelfth Avenue property which was purchased
14 during the marriage is community property, then Edwina Fuller is entitled to have the court
15 pass and confirm said property to her. If however, the Court were to decide that property
16 was Thelsey L. Fuller's separate property, then the Court must first address the omission of
17 Edwina Fuller from the Trust and the allegation that "the marriage dissolved by Judgment in
1968."
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19 22. Although Petitioner believed that Thelsey L. Fuller may have current interests
20 in additional real property not included in his trust, but currently in his name, Petitioner has
21 been unable to confirm the decedent's ownership at this writing.
22 WHEREFORE, Petitioner respectfully requests the Court to
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1.
Join Robert L. Fuller, an individual, Robert L. Fuller as Trustee of the
24 Thelsey Fuller Revocable Trust, Doris Fuller also known as Doris Fuller Stewart, and David
25 Levin to permit the court to resolve the issues of the underlying Probate Code Section 850
26 petition;
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2.
Determine who is entitled to the real and personal property assets of
28 AMENDED PETITION TO DETERMINE TITLE PURSUANT TO PROBATE CODE §§ 850, 855, 856. AND 859, (ORIGINALLY FILED MAY 12, 2008)
FULLER, EDWINA BP 099 211
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1 Thelsey L. Fuller.
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Fashion a remedy to resolve the issues before it.
Require that the assets of Thelsey L. Fuller be placed in his estate until
4 the court makes a determination of proper disposition.
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Determine whether the funds belonging to Thelsey L. Fuller are still in
6 Robert L. Fuller and Doris Fuller Stewart's possession and if so, direct that Robert L. Fuller
7 and Doris Fuller Stewart turn over said funds to David Lewin, Administrator of the estate of
8 Thelsey L. Fuller.
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6.
Place any additional real property, if any, deemed to have been held by
10 the decedent in the various variations of Thelsey Fuller's name and/or trust under the
11 jurisdiction of the Administrator of the estate until issues of alleged estate planning
12 documents and possible elder abuse are resolved.
13 7. Impose a civil penalty under Probate Code Section 859 if the court
14 determines that the assets of Thelsey L. Fuller were wrongfully taken and/or wrongfully
15 concealed to avoid providing support to Edwina Fuller.
16 Dated: October 18,2010
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PETITION TO JOIN ROBERT L. FULLER, AS AN INDIVIDUAL AND AS TRUSTEE OF THE THELSEY S. FULLER [SIC]
28 TRUST, DORIS FULLER PURSUANT TO PROBATE CODE §§ 855, 856. AND 859, AND JOIN DAVID LEWIN.
ADMINISTRATOR OF THE ESTATE OFTHELSEY L. FULLER TO PETITION TO DETERMINE TITLE UNDER Probate
Code §850 FILED MAY 12, 2008
FULLER, EDWINA BP 099 211
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RIGHT CLICK ON IMAGES, OPEN IN NEW TAB
FORMAL REAL ESTATE FRAUD COMPLAINT
L. A. COUNTY REAL ESTATE FRAUD
[and other fuckry]
"Thelsey L. Fuller Trust"
$1,048,500.00
"Thelsey L. Fuller Trust"
$1,048,500.00
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