Estate of James Glen Wiseman

Case Number

23PR00413

Case Type

Hearing Date / Time

Wed, 05/29/2024 - 08:30

Nature of Proceedings

Petition to Determine Claim to Property

Tentative Ruling

Probate Notes:

Appearances of all heirs of the Estate of James Wiseman is recommended.  The following is noted for the Court:

Michael Wiseman has a conflict of interest.  Michael Wiseman is currently serving as the personal representative of James Wiseman’s estate (nominated as administrator by James’ two adult children), and is also serving as the named successor trustee of Linda Overton’s trust.  By advocating that title to the real property at issue belongs to the trust (which distributes that property to Michael Wiseman), Michael Wiseman appears to violate fiduciary duties attached to both positions (i.e. Personal Rep. and Trustee) as follows:

• Duty of loyalty
• Duty to deal impartially with heirs/beneficiaries
• Duty to avoid conflicts of interest (transactions/positions that will benefit you personally)
• Duty not to undertake actions adverse to trust/estate

Regardless of which estate rightfully holds title to the real property, the conflict must be resolved.

Therefore, it is recommended the Court seek the appearances and informed conflict of interest waivers of all heirs of the estate of James Wiseman to proceed in the face of the glaring conflict of interest, before the Court determines rightful title.

The waivers on file are woefully insufficient to inform Mathew and Hannah Wiseman of their rights and explain the conflict of interest.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334