Case Taken Under Submission

Update - Re: Steven A. Fuller; Case Number BP135381 Fuller, Edwina - Decedent

08/12/2015 at 01:30 pm in Department 5, Maria E. Stratton, Presiding
FINAL ACCOUNTT/FEES/EXTRA FEES & DIST - Case Taken Under Submission

We believe that the Court will rule that Steven A. Fuller with the help of Atty. Teddie J. Randall violated their fiduciary duties in regards to the Estate of Edwina Fuller in that they improperly took $107,692.30 from said estate.

Once that ruling is made we will need an attorney that can file a claim against the bond and or a civil action to recover monies from Steven A. Fuller and Atty. Teddie J. Randall.

If you are an attorney or know an attorney that can handle this type of litigation please get in contact with us.

benamarine@gmail.com

The Estate of Edwina Fuller - $107,692.30

Misappropriation [Embezzlement] of Estate Assets - $107,692.30

SUPERIOR COURT OF THE STATE CALIFORNIA FOR THE COUNTY OF LOS ANGELES

In Re the Estate of EDWINA FULLER CASE NO. BP 135381


It is alleged that $107,692.30 was misappropriated from the Estate of Edwina J. Fuller by Steven A. Fuller with the assistance of Atty. Teddie J. Randall.

Edwina J. Fuller passed away on 02 June 2012, her conservatorship ended upon her death and thus became "the Estate of Edwina J. Fuller" and subject to California Probate Code.

$107,692.30 was paid to the Estate of Edwina J. Fuller on 29 September 2014 by Atty. Tala R. Davis in her capacity as Successor Trustee of the Thelsey L. Fuller Trust and from the Estate of Thelsey L. Fuller [LASC Case# BP 122 665] by Comerica Bank check #000250402 to Mr. Steven A. Fuller. 

No accounting has been made to the court in regards to the $107,692.30 received by Mr. Steven A. Fuller in connection with the court cases:

LASC Case# BP 099 211 Fuller, Edwina - Conservatorship 

LASC Case# BP 135 381 Fuller, Edwina - Decedent

Click on image to enlarge

But, instead those monies have been excluded from any accounting filed by Atty. Teddie J. Randall and his client Mr. Steven A. Fuller with the court in regards to the Estate of Edwina J. Fuller and or the cases cited above.



That these monies were taken without being reported to the court, without the consent of the court and without the oversight of the court constitutes fraud and financial elder abuse against the beneficiaries of the Estate of Edwina J. Fuller.

Shirley Ritchey, daughter
Sandra Arnold, daughter
Robert Fuller, son
Doris Fuller, daughter

That those monies have been embezzled and fraudulently converted is a violation of statutory law.

It is further alleged that Steven A. Fuller owes each beneficiary $21,538.46, their portion of the $107,692.30 paid to the Estate of Edwina J. Fuller by the Estate of Thelsey L. Fuller. That California Probate Law should have been applied by the court before any monies were distributed or confiscated by Steven A. Fuller and or any of his attorneys.

FIRST AND FINAL ACCOUNT AND REPORT OF ADMINISTRATOR; PETITION FOR APPROVAL OF DISBURSEMENTS; PETITION FOR STATUTORY FEES AND COMMISSIONS; FOR EXTRAORDINARY FEES; AND FOR FINAL DISTRIBUTION [PROBATE CODE 10900-1100, 10954] 

Set for hearing 16 June 2015, 8:30 AM, Department 5, The Honorable Maria E. Stratton

More to come, watch this space.*

*Objections to the accounting were filed 04/17/2015.

Madam Successor Trustee, Tala R. Davis

CONFLICT OF INTEREST, PLEASE RESIGN
by Monica Post

03 December 2014

Tala R. Davis 
Successor Trustee Thelsey L. Fuller Trust
Law Offices of Tala R. Davis 
3681 Crenshaw Blvd.
Los Angeles, California 90016

Re: Thelsey L. Fuller Trust – Conflict of Interest, Please Resign

Madam Trustee,

This is to inform you that there is a conflict of interest between you, Atty. Teddie J. Randall and the beneficiaries of the Thelsey L. Fuller Trust.

As you know I have made it abundantly clear that there is an ongoing complaint against Atty. Teddie J. Randall with the State Bar of California - Inquiry #14-18164.

Before you were named Successor Trustee it was made known to Atty. Teddie J. Randall and Mr. Steven Fuller that your appointment as Successor Trustee was opposed because of your ties to Atty. Teddie J.Randall, his office and the pending complaint against him with the Bar.

Now, some of your actions have been to the detriment of the Trust and the Trust beneficiaries.

The beneficiaries were not given adequate time to inventory the contents of the former Trust asset located at 8625 S. 12th Ave.

But, instead the antiques and the contents were removed from the residence without being appraised, inventoried and or sorted through by the Trust beneficiaries. 

Also, you are billing the Trust as an attorney at $350.00 per hour instead of the standard $150.00 per hour as a trustee. You are seeking over $21,000.00 in compensation for administration of the Trust thus far, which is overly excessive. 

Furthermore, the beneficiaries believe that you are using the proceeds from the sale of the Trust assets as an avenue to enrich yourself and or as retaliation for the complaint filed with the Bar against Atty. Teddie J. Randall.

The beneficiaries have agreed and have previously asked that you close out the Trust to prevent the further siphoning off of the sale proceeds from the Trust assets by you and or anyone else, which you refuse to perform but, make excuses instead.

Therefore, it is requested that you render your resignation immediately.

* * * * * * * * * * * * * * * * * * * * * * * * 

To: Tala R. Davis, Successor Trustee, Thelsey S. Fuller (sic) Trust

Fax No: 1.323.284.6985

Date: 05 December 2014

Re: Disposition of Remaining Trust Estate

Madam Successor Trustee,

In accordance with the provisions of the Thelsey S. Fuller (sic) Trust:

Section 5.3 Disposition of Remaining Trust Estate:

"5.3 Disposition of Remaining Trust Estate.  On the settlor’s death, the remaining trust estate shall be disposed as follows:

(a) If any of the children of the settlor survive him, the trustee shall divide the trust property into as many shares of equal market value as are necessary to create one share for each of the settlor’s children who survive him and one share for each of the settlor’s children who predecease him but who leave issue surviving him.  The trustee shall distribute one share OUTRIGHT to each of the settlor’s surviving children."

Therefore, distribute immediately to the beneficiaries their shares of the trust i.e. the proceeds from the sale of the Trust real estate assets.

* * * * * * * * * * * * * * * * * * * * * * * * 

Madam Trustee,

Again, according to the Trust document the Trust assets were to be distributed to the Trust beneficiaries "outright" upon the Settlor's death, that did not happen.

As you know the Trust asset located at 1916 N. Belhaven Ave. was ordered sold by Court order, no such order was given by the Court in relation to 8625 S. 12th Ave.

How is it that you came to list and sell the Trust asset known as 8625 S. 12th Ave. Inglewood, CA. without the consent or input of the Trust beneficiaries let alone the fact that you have refused to carry out the wishes of the Trust Settlor, Mr. Thelsey L. Fuller (deceased)?

But, instead you appear and is alleged that you have carried out the designs of yourself, Atty. Teddie Randall and Mr. Steven Fuller*, which is in direct opposition and conflict with the wishes of the Settlor, Mr. Thelsey L. Fuller and the Trust beneficiaries.

Simply put, by what authority were you authorized to sell the Trust asset known as 8625 S. 12th Ave.?

It is noted that you continue to fail to respond to telephone calls, emails and faxes in connection with the several request that have been made to you in regards to the Trust.

The Trust was not designed so that you or anyone else could enrich yourselves to the detriment of the Trust  or its beneficiaries.

*It is known among the beneficiaries that it was always Steven Fuller's desire to sell the Trust assets and that is exactly what transpired.

http://benamarine.blogspot.com/2014/05/conspiracy-to-sell-trust-assets-below.html

http://benamarine.blogspot.com/2014/05/complaints-against-attorneys-lasc.html

http://benamarine.blogspot.com/2014/05/plot-to-remove-atty-patrick-j-barnitt.html

Estate Asset Should Not Have Been Sold

It would appear that now is the time to have the Court rescind the sell of 1916 N. Belhaven Ave and relist it at "FAIR MARKET VALUE" if it has to be sold in order to pay various attorney fees of Steven A. Fuller.

Case Number:  BP135381
FULLER, EDWINA - DECEDENT

Filing Date:  06/27/2012
Case Type:  Letters of Administration (General Jurisdiction)
Status:  Pending

Future Hearings 

06/10/2014 at 08:30 am in department 5 at 111 North Hill Street, Los Angeles, CA 90012

MOTION - ORDER (MOTION FOR ORDER TO SHOW CAUSE FOR ESTATE'S FAILURE TO RESPOND TO BUYER'S NEED TO PURCHASE ESTATE PROPERTY) 

Selling of the real estate asset below fair market value constitutes financial elder abuse.

"MATTER CONTINUED" - THE SAVAGING OF ELDER'S ASSETS

An appeal by the defendants is still pending, therefore the Trust asset(s) should not have been sold or placed on the market in the first place.

Instead of the home in Compton being sold for $100,000.00 below fair market value, okay $50,000.00 below fair market value for the sake of argument… The proceeds from the collection of rent could have gone toward paying the attorney fees accumulated by Steven A. Fuller in the legal pursuit suit against his father.

Not only that but, Steven could have made an agreement with the Successor Trustee and could have borrowed against the Trust asset er, Edwina’s portion [50% of the asset] being that the real estate was free and clear.  Rented the property at fair market value and repaid the loan in order to pay the attorneys.

The Trust real estate asset in Inglewood is exclusively the property of the Trust, thus all of the beneficiaries of the Trust.

Hm?

Now, the Successor Trustee and his attorney quit after a complaint was filed against them with the Bar. Which is why Steven is running around like a chicken with his head cut off looking for another flunky to be put in as Successor Trustee in order to complete his sinister designs on the selling of the Trust assets against everyone's wishes and before the appeal is heard.

Enter -- B241450
http://appellatecases.courtinfo.ca.gov/search.cfm?dist=2

The Successor Trustee was doing the bidding of Steven A. Fuller. The Trust and how it could benefit ALL of the Trust beneficiaries was never his concern.

Yep, and the defendant's appeal is still pending before the appeals court... they were granted all Trust assets but, lost at trial. The only thing they admit is their debt to the estate of Edwina Fuller - $107,692.30.

Selling of the Trust asset below fair market value is considered financial elder abuse by Adult Protective Services, three of the Trust beneficiaries are over 70-years-old.

That said, consider that the attorneys representing either side during the PC 850 had every opportunity over 15 months to place Mr. Thelsey Leo Fuller, who's assets are the center of these various court cases, on the witness stand.

The plaintiff did not place Mr. Thelsey Leo Fuller on the witness stand.

The defendants did not place Mr. Thelsey Leo Fuller on the witness stand.

We believe that had Thelsey been placed on the witness stand he would have had the opportunity to express what he wanted.

It is fairly obvious as to why Mr. Thelsey Leo Fuller was not placed on the witness stand by either party during the PC 850 trial to determine ownership of the Inglewood property.

More likely than not, Steven would have been disinherited and Thelsey would have stated that his assets were to be divided equally amongst his other children.

“THIS AIN’T NO GAME SHOW!”

More to come!