Conservatorship of Wayne O. Evenson
Conservatorship of Wayne O. Evenson
Case Number
22PR00263
Case Type
Hearing Date / Time
Tue, 02/13/2024 - 09:00
Nature of Proceedings
1) Petition for Substituted Judgment 2) Petition for Surcharge
Tentative Ruling
Probate Notes:
Appearances required.
The following must be submitted:
Declaration and Supplement. The petition does not address whether Conservatee opposes the petition (Prob. Code, §2582(a)), and contains bare allegations of malfeasance related to the beneficiary of the trust that the amendment seeks to disinherit. Thus, a Declaration from the Conservator containing testimony of the facts alleged in the petition is requested to meet the high bar of clear and convincing evidence the Court must have before it before the Court can substitute its judgment for that of the conserved, and issue a surcharge.
Trust contains forbidden no-accounting provision. California Rule of Court, Rule 7.903(c) requires the trustee “to file accounts and reports for court approval in the manner and frequency required by Probate Code sections 1060 et seq. and 2620 et seq.” and does not allow any exception. The proposed trust violates this rule at subdivision 7.14 by making exception for the initial trustee. No matter who the trustee is, they must account.
This provision was allowed by the court in the last iteration, but it is strongly recommended against allowing this provision to continue.