Probate Conservatorship Legal Steps

Summary

In California, a conservatorship should involve the conservatees participation and legal representation. If you believe your inheritance was mismanaged during a conservatorship, you can file a petition in probate court to compel the production of the will or trust documents. Beneficiaries have the right to request these documents. If law enforcement deems the matter civil, consider presenting your evidence to another attorney or legal aid service. Follow up with the California State Bar regarding any complaints filed against attorneys involved.

Full Conversation

I was placed on temporary probate conservatorship before I was notified. I was not represented by an attorney. The conservatorship lasted 13 months.
What state are you located in, ****? The rules for conservatorship vary by state.
California
What is the current status of your conservatorship?

In California, a conservatorship should be established with the conservatee's participation and they should be represented by an attorney.
Dismissed
What steps were taken to dismiss the conservatorship?

In California:
- Conservatorship can be terminated by court order.
- The conservatee, conservator, or any interested party can petition for termination.
The court investigator's report recommended jury trial. However, the judge dismissed it.
What was the reason given by the judge for dismissing the jury trial recommendation?

In California:
- Judges have discretion to dismiss cases or recommendations based on various factors.
The judge stated it was requested. No further explanation was given.
What was the request that the judge referred to when dismissing the jury trial recommendation?

In California:
- Judges can dismiss jury trial recommendations based on requests from involved parties.
The minute order reads "Upon request of counsel, Court dissolves the temporary conservatorship and dismissed the action without prejudice." No explanation given.
Who made the request to dissolve the temporary conservatorship?
Counsel. Since I did not have an attorney, nor was I present at any hearing, I can only assume it was the attorney for the conservator.
What actions have you taken since the conservatorship was dissolved and the case was dismissed?
There were * letters of conservatorship issued. I have tried hiring an attorney to find out what was taken. I have not been able to find an attorney willing to take the case.
What specific items or assets do you believe were taken during the conservatorship?
Inheritance left to me by my father. I was a minor and my mother has never shown me the will. So, land, insurance policies, retirement, 401k, stocks, bonds.
What steps have you taken to obtain a copy of your father's will? In California, wills are public record once probate has been completed. You can request a copy from the probate court in the county where your father lived.
The will was never recorded. My mother has stated I'll find out what my father left me when she died. I have written formal letters to my mother & her attorney requesting a copy.
What was the response to your formal letters requesting a copy of the will? In California, beneficiaries have a right to a copy of the will.
None.
What actions are you considering to take next, given the lack of response to your formal letters?
Whatever you tell me to do. Still looking for an attorney to help but I will do, file, research whatever you tell me.
Have you considered filing a petition in probate court to compel the production of the will? In California, beneficiaries have the right to do so.
I don't know how to
Do you need assistance in understanding how to file a petition in probate court?
Yes
In California, you can file a petition in probate court to compel the production of the will. You can find the forms and instructions on the California Courts website. The nearest probate court to you is Los Angeles County Superior Court, Stanley Mosk Courthouse, * N Hill St, Los Angeles, CA *, Phone: (*) *-*.
Will they help me if this occurred in Madera county?
Yes, you can file your petition in Madera County Superior Court. Here are the details: Madera Superior Court, * South G Street, Madera, CA *, Phone: (*) *-*.
If the original has been destroyed, they've already removed the conservatorship case file from the court. So, I can bet they've destroyed the will. If property transfers occurred during the conservatorship, will someone have a copy that can be requested?
Who was the conservator during the conservatorship? They might have a copy of the will or know about any property transfers.
My mother
What actions has your mother taken regarding the will and the assets since the conservatorship was dissolved?
She has sold property I suspect was purchased with my trust money and transferred title to her name
Have you obtained any evidence or documentation that supports your suspicion about the property purchased with your trust money?
My father deceased in *. My mother did not work. When my grandfather sued her for wrongful death (she was responsible for my father's death), she paid *,* cash. In a skip trace, my name cane up on a property as an intervivos trust
What actions have you taken since discovering your name on the property as an intervivos trust?
None. I don't know what to do
Have you considered contacting a probate attorney or legal aid service in your area for assistance with this matter?
I have contacted them. They state they are unable to help
What reasons did they give for being unable to assist you? In California, you can contact the State Bar for a referral to another attorney or legal aid service.
It's too complicated. They don't think a registered nurse (my mother is a nurse) would do this.
What evidence do you have that your mother, as a registered nurse, could have possibly mismanaged your inheritance?
She was the trustee for the trust and she had seven letters of conservatorship issued during the temporary conservatorship for 13 months
What actions did your mother take as the trustee that lead you to believe she mismanaged your inheritance?
She took several trips to Hawaii, bought houses and spent money lavishly on a nurse's salary. Houses have multiple mortgages.
Do you have any financial records or documents that could potentially prove these lavish expenditures and multiple mortgages?
Other than public records of refinancing, no.
Have you considered obtaining a copy of these public records of refinancing to help build your case?
I have those records already
What steps have you taken after obtaining these records?
I don't know what to do with all the evidence
Have you considered presenting this evidence to a different attorney or legal aid service for a second opinion?
We have spoken to several attorneys and law enforcement. Law enforcement will not even file a report.
What was the reason given by law enforcement for not filing a report?
That it is a civil matter
It is a civil matter. Madera county sheriff
What specific actions are you considering to take next, given that law enforcement has deemed this a civil matter?
We want to file in court but cannot find a willing attorney
File in probate court for the will and or trust
What county is the will or trust located in? In California, you can file a petition in the probate court of the county where the will or trust is located.
Madera county
What is the name of the trust or the will?
Samuel **** is my father's name. The name on the deeds is Patricia **** intervivos trust dated December *, *.
What steps have you taken to obtain information about the Patricia **** intervivos trust?
Asked the county and my mother for a copy.
What was the response from the county and your mother when you asked for a copy of the Patricia **** intervivos trust?
County could not find. Mother refused
What steps have you taken since the county couldn't find the trust and your mother refused to provide a copy?
Contacted you to figure out the next steps
How do I make her give me a copy since the will was not filed
I have all this evidence and no one will help me file.
The commission of judicial review agrees there was a problem with the conservatorship. The only thing that has happened is the court case file has been deleted online and the file is now missing. I have a copy of the entire file at home.
What steps have you taken since the court case file was deleted online?
I don't know what to do.
Have you considered filing a complaint with the California State Bar regarding your mother's attorney's conduct during the conservatorship?
I have filed. I have not received a response.
What specific allegations did you include in your complaint to the California State Bar?
That her attorney forged my brothers signature on a consent and waiver. (I have text message screenshots confirming the forgery). Filing for conservatorship knowing I did not need to be conserved and not giving me notice if the hearing prior to it being placed. For advising me in his office to let my mother handle my affairs for me.
What was the response from the California State Bar regarding your complaint?
None received yet. On a separate complaint I filed on the forgery, they stated the attorney may not have known it was a forgery. The waiver was typed up and submitted by his law office. So I do not understand how he could not have known
What actions have you taken since receiving this response from the California State Bar?
I don't know what else to do.
What should be my next steps?
I have not taken any actions other than to file complaints with the bar about more issues his conduct.
What is the name of the attorney you filed a complaint against? In California, you can check an attorney's public record for any disciplinary actions on the State Bar's website.
Steve Mortimer
Steven Mortimer
What specific actions did Steven Mortimer take that led you to file a complaint against him?
That her attorney forged my brothers signature on a consent and waiver. (I have text message screenshots confirming the forgery). Filing for conservatorship knowing I did not need to be conserved and not giving me notice if the hearing prior to it being placed. For advising me in his office to let my mother handle my affairs for me
What was the outcome of the complaint you filed against Steven Mortimer with the California State Bar?
You've already asked this
What is the status of your complaint against Steven Mortimer with the California State Bar?
I have had no contact with the state bar. I have no idea.
Should I contact them again?
Yes, you should follow up with the California State Bar regarding the status of your complaint against Steven Mortimer.
Ok. Can I come back to this site to report my findings and get more advice?
Yes, you're welcome to return anytime for further advice. We're here to help you navigate through your legal issues.
Okay.
What is the current status of your inheritance and the properties that were under the conservatorship?