Fuller court date, Probate Notes 20 NOV 13, Case BP135381

LOS ANGELES SUPERIOR COURT

Probate Notes

Department LA 5 Court Convened at: 08:30 AM 11/20/2013
Honorable Mitchell L. Beckloff
Sal Jimenez , Deputy County Clerk M. Manskar , Deputy Sheriff
Linda Biche, CSR 3359 , Reporter

BP135381 1020 FULLER, EDWINA - DECEDENT
Letters of Administr
PROBATE - OTHER

Petitioner(s): Fuller, Steven

Attorney(s): Randall, Teddie J., Esq.

Continuance Number: 1 Continuance From: Wednesday, October 23, 2013

Last Date Changed: Friday, November 15, 2013 11:35 AM

Last Note Changed By: MGUAYANT

To clear probate notes "filed documents" must be submitted to Rm 429, within time frames set forth in Rule 4.4 (b) of LASC Rules. You may contact the Probate Attorney or Probate Examiner 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 on the Court's web site at www.LASuperiorCourt.org.

PETN FILED 10/3/13

PRIOR ORDERS: Cont to 11/20/13 to clear notes

SUMMARY:
Petnr is pers rep & son
Ltrs 3/6/13 (limited IAEA)
D/D 6/2/12
Supp filed 10/21/13
2nd supp filed 11/6/13
ntc/copy spec ntc William George, Marshal Oldman ok
ntc/copy heirs Steven Fuller, Sandra Arnold ok
ntc/copy spec ntc DHS ok

OTHER CASE: BP099211 (decd's consrship; petnr is consr; final acct set for 12/2/13); BP122665 (Thelsey Fuller Trust)

FACTS: Estate consists of one-half interest in r/p at 1916 N. Belhaven Ave., LA. Per Order settling the first acct in the decd's consrship, filed 4/14/11, petnr, as consr, was authorized and directed to sign a Note and Trust Deed in favor of his atty, Sandra Jones Anderson, for the sum of 41,269 to create a lien on the subj r/p for her fees. Per the same order, petnr was awarded fees in the amt of 124,700 in the form of a lien against the estate. Per a prelim title rpt dated 9/16/13, liens for atty Anderson's and petnr's fees are recorded against the subj r/p (atty Anderson's are recorded twice). Petnr alleges there is also a petn pending for fees in the approx amt of 15,000. The approx total of the outstanding liabilities (including creditor's claims filed in this estate--see below) is 314,373.56 + costs of administration.

Creditor's Claims:
DHS, 690.40; 8/15/13
DHS, 72,001.19; 8/14/13
Steven Fuller, 10,712.97 (funeral)
Steven Fuller, 124,700; 5/29/13 (consr fees)
Sybil Yvonne Burrell, 50,000 est; 10/25/12

The estate rp sold for 76,625.00. The proceeds are currently the only estate asset. Petnr alleges there is an outstanding jgmt, pending collections, in favor of the estate in the amt of 107,692. Order filed 3/19/12 under consrship case no. BP099211 provides petnr, as consr of the estate, is entitled to 107,692.30 from Thelsey Fuller, representing her c/p share of pension benes received by Thelsey Fuller; the sum is to be pd from the assets of the Fuller tr prior to dist to any bene. The order further provides the tee of the Fuller tr shall recoer 235,158.28 from Robert and Doris Fuller aka Doris Fuller Stewart as individuals (jointly and severally liable). PER SUPP, petnr alleges the estate cannot recover from the tr until the tr has collected these sums or sells tr r/p.

Petnr alleges a search of the records indicates no trust deed was recorded (re the fees ordered per 4/14/11 order in consrship); thus, petnr alleges the lien has the status of a creditor. There is a dispute as to the order of priority of the liens, fees, creditors and costs of admin. Per supp, petnr does not dispute that the 4/14/11 Order constitutes a valid lien.

Per Prob C 11420:
"Debts shall be paid in the following order of priority among classes of debts, except that debts owed to the United States or to this state that have preference under the laws of the United States or of this state shall be given the preference required by such laws:
"(1) Expenses of administration. With respect to obligations secured by mortgage, deed of trust, or other liens, including, but not limited to, a judgment lien, only those expenses of administration incurred that are reasonably related to the administration of the property by which obligations are secured shall be given priority over these obligations.
"(2) Obligations secured by a mortgage, deed of trust, or other lien, including, but not limited to, a judgment lien, in the order of their priority, so far as they may be paid out of the proceeds of the property subject to the lien, if the proceeds are insufficient, the part of the obligation remaining unsatisfied shall be classed with general debts.
"(3) Funeral expenses.
"(4) Expenses of last illness.
.....
"(7) General debts, including judgments not secured by a lien and all other debts not included in a prior class."


MATTERS TO CLEAR:
E. No Order Confirming Sale of the subj r/p filed (sold per 9/11/13 M.O. & per petn). PER SUPP, pending.

i. If Anderson is a creditor, what "position" does she take as a creditor, i.e., what is the order of priority for the outstanding liabilities under Prob C 11420? - SUPP alleges after costs of admin and payment to DHS, Anderson's claim would be paid pro rata w/other creditors. Does petnr allege Steven Fuller's funeral and fee claims and Burrell's claim fall in the same category as Anderson's? - 2nd SUPP alleges the following order of priority of creditors: DHS followed by Steve Fuller and Anderson liens; then funeral expenses; lastly Burrell's claim.

RELIEF:
1. JTD the Supplemental Order Settling First Account dated April 14, 2011, does not constitute a lien on the Estate's property, subject to priority status payable directly from escrow;
2. JTD Sandra Anderson is a creditor in equal position as other creditors and shall be paid from the Estate according to Probate Code 11420 upon finalization;
3. JTD the Supplemental Order Settling First Account dated April 14, 2011, does not supercede costs of administration and priority creditors

PA COMMENTS: The final acct & a petn for fees in the related conrship proceeding is scheduled for hrg on 12/2/13 ; query if the w/in matter s/b continued to that same date.
Note: atty Anderson 10/22 email indicates she objects, unable to attend; her email not sent to other counsel as atty alleges it is n/a on the State Bar web site. As of calendar review, 11/15, no objections filed.

Note: Petnr filed on 10/23/13 a Notice of Proposed Action re sale of the Fruller trust's one-half interest in the subject r/p; no juris in this probate proceeding over the Fuller trust.

mguayante@lasuperiorcourt.org
MG(10/17/13)(11/15)

http://www.lasuperiorcourt.org/ProbateNotes/

See also:
Los Angeles County Superior Court Cases
BP099211 Conservatorship Edwina Fuller
BP122665 Challenge to the Trust Admendment
BP118616 Probate Thelsey L. Fuller

California 2nd District Court of Appeal
B241450 Fuller vs. Fuller et al.