Estate of James Glen Wiseman

Case Number

23PR00413

Case Type

Hearing Date / Time

Wed, 07/10/2024 - 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.  Personal appearances Matthew and Hannah Wiseman are required. 

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 despite the conflict of interest, before the Court determines rightful title.

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

Further evidence of intent.  The only relief Petitioner requested is for this Court to find the subject real property is an asset of the subject trust.  The problem with granting that request is that the alleged last valid recorded deed is the grant deed transferring title to Linda Overton as an individual, not as a trustee of the Linda Overton Trust.  That deed, according to Evidence Code section 662, creates a presumption that Ms. Overton’s intent was to hold title to the subject property as an individual, not in trust.  That presumption can only be rebutted by clear and convincing evidence showing contrary intent to hold title to the subject property in trust.  There is no such evidence on file.

To the contrary, the evidence on file shows Linda Overton took title to the subject property on December 17, 2021 via a grant deed from herself as trustee of the Colins Family Trust, to herself as an individual, then never executed another valid transfer of title. 

On November 18, 2022, Ms. Overton transferred title to James G. Wiseman via a quitclaim deed due to alleged fraud.  Mr. Overton thereafter executed a trust on September 15, 2023 that does not contain any evidence of her intent to hold the subject real property in trust.

The trust executed by Ms. Overton does not contain a general assignment clause, nor a clause that references whether Ms. Overton intended to place the subject real property into the trust. At paragraph 2.01 of the trust, there is a clause that references a standard attached schedule of property titled “Schedule A”.  (Sup., at exh. A, dig. p. 4.)  The attached schedule A does not contain a general assignment clause for real property, and does not specifically identify the subject real property.  (Sup., at exh. A, dig. p. 18.)

Thus, there is no writing this Court can rely upon that contains the intent of Ms. Overton’s intent to hold the property in the trust.  Thus, the writing requirement of the statute of frauds is not met.

Appearances:

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

Meeting ID: 161 956 1423

Passcode: 137305