"THIS AIN'T NO GAME SHOW!": COMPLAINT AGAINST SUCCESSOR TRUSTEE

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ELDER ABUSE IS A CRIME?

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01 April 2014

COMPLAINT AGAINST SUCCESSOR TRUSTEE

15 January 2014

Office of the Chief Trial Counsel Intake
STATE BAR OF CALIFORNIA
1149 South Hill Street
Los Angeles, California 90015-2299

COMPLAINT AGAINST ATTORNEY(S)

Dear Office of the Chief Trial Counsel, Intake

Attorney Patrick John Barnitt - #94794 was appointed Successor Trustee of the Thelsey L. Fuller Trust (Trust) in the Superior Court of California, County of Los Angeles, Case BP 122 665 on March 07, 2012. Mr. Barnitt hired attorney Jeanne Marie Fitzgerald - #134526 as Attorney for Trustee.

Mr. Barnitt has failed to properly carry out his fiduciary duties as Successor Trustee in regards to the THELSEY S. FULLER TRUST (sic), THELSY L. FULLER TRUST (Trust), dated July 23, 2008.

Mr. Barnitt has failed in his fiduciary duties to the Trust in failing to protect the Trust from monetary loss and by offering the Trust’s real estate assets for sale far below fair market value and without the prior consent or consultation with ALL of the Trust beneficiaries.

If the sale of 1916 N. Belhaven Ave., Los Angeles, CA. 90059 is confirmed by the Court at $153,000.00, the Trust will have lost $100,000.00. Homes in the area are being sold for $250,000.00 - $300,000.00 on average.

The Trust’s real estate asset known as 8625 S. 12th Ave, Inglewood, is also set to be sold at a loss to the Trust in the amount of $100,000.00, the current asking price is $249,000.00. The homes in that area list from $350,000.00 - $450,000.00 on average.

Combined these proposed actions [IF TAKEN] by the Successor Trustee and the Attorney for Trustee will cause a loss to the Trust conservatively at $100,000.00. That the Trust’s real estate assets were offered up for sale in Court and listed with a realtor without the prior consent of ALL of the Trust beneficiaries is a grave concern.

As of March 07, 2012, Mr. Barnitt has failed in his fiduciary duties by failing to collect rent on the Trust’s real estate asset located at 8625 S. 12TH AVE, INGLEWOOD, CA 90305-2309 or to evict the occupant(s).

Mr. Barnitt’s failure to collect rent from the occupant(s) has resulted in the possible loss to the Trust in the amount of $1,800.00 per month at fair market value for twenty-two months [25 MONTHS x $1,800 = $45,000] thus far.

1. Why are no rent monies being collected on the Trust’s real estate asset located at 8625 S. Inglewood Ave and if rent monies were being collected by whom?

2. Why hadn’t the occupants been evicted?

3. Why were [are/have] the Trust real estate assets being offered for sale far below fair market value?