04 May 2014
Conspiracy to sell Trust Assets below fair market value
It is alleged that Patrick J. Barnitt and Jeanne M. Fitzgerald as Successor Trustee and Attorney for Successor Trustee colluded and conspired with Steven A. Fuller to sell the Thelsey L. Fuller Trust real estate assets and to circumvent the appeal pending before the 2nd Appeal Court.
The Trust fifty-percent interest in the single-family residence, 1916 N. Belhaven Ave, is $150,000.00 the valuation of which is based on a good faith estimate pursuant to Probate Code section 1063(a).
The fifty-percent interest of the Estate of Edwina Fuller was offered up for sale by Steven A. Fuller, theTrust fifty-percent interest was offered up for sell by Jeanne M. Fitzgerald and confirmed sold by the Court for $76,000.00. Prior to the sale Steven A. Fuller, Patrick J. Barnitt and Jeanne M. Fitzgerald were notified that if the assets were to be sold they needed to be sold for fair market value to prevent a financial loss to the Thelsey L. Fuller Trust and the Estate of Edwina Fuller.
The actions of Patrick J. Barnitt, Jeanne M. Fitzgerald and Steven A. Fuller in the selling of the fifty-percent interest of the Trust asset and the fifty-percent interest of the Estate of Edwina Fuller in the property noted above for far below fair market value is financial elder abuse and against the beneficiaries of the Thelsey L. Fuller Trust and the Estate of Edwina Fuller i.e. Shirley, Sandra, Robert and Doris.
It is alleged that the Trust properties, 1916 N. Belhaven Ave and 8625 S. 12th Ave were marketed in order to spite Robert Fuller & Doris Fuller and to deprive them of the Trust assets if they prevailed on appeal, the Belhaven Ave property having been sold [below fair market value] while the appeal by the defendants is still pending before the court.
It is also alleged that Patrick J. Barnitt converted $600.00 from monies paid to evict; to administrative fees. Barnitt was paid the sum of $600.00 to evict the occupant(s) from the Trust real estate located at 8625 S. 12th Ave, Inglewood, CA.
See page 2 of the DECLARATION OF PATRICK J. BARNITT (1) RESIGNATION AS TRUSTEE; AND (2) REQUEST OF TRUSTEE FOR EXPENDITURES dated 03/27/14.
As of this writing the only services to the Thelsey L. Fuller Trust that Mr. Barnitt has performed is the sale of the Trust's 50% interest in the Belhaven asset [below fair market value] and the attempted sale of the Inglewood asset [below fair market value] at the request of Steven Fuller and in total disregard and circumvention of the wishes of the beneficiaries to the Thelsey L. Fuller Trust and to their detriment.
It is therefore further alleged that the attorneys, Patrick J. Barnitt & Jeanne M. Fitzgerald engaged in a conflict of interest in carrying out the sinister designs of Steven A. Fuller in regards to the Thelsey L. Fuller Trust in the selling and attempted selling of the Trust real estate assets below market value.
Atty. Teddie J. Randall was notified far in advance by his clients, Arnold's Attorney-in-Fact and Ritchey that they were opposed to the Trust assets being sold below fair market value. Atty. Randall instead catered to the nefarious designs of Steven A. Fuller in the selling of the Trust asset, a blatant conflict of interest in regards to Arnold & Ritchey.
The court cases are:
Los Angeles County Superior Court Cases
BP099211, BP118616, BP122665, BP135381
California 2nd District Court of Appeal