Conservatorship of Piedad Diaz de Uriarte

Case Number

23PR00445

Case Type

Hearing Date / Time

Tue, 08/27/2024 - 09:00

Nature of Proceedings

Petition for Attorney’s Fees, etc.

Tentative Ruling

Probate Notes:

Appearances required. The following is noted for the Court at the hearing:

The court should decline to consider the petition at this time, and order a formal accounting deadline and hearing date.

On January 29, 2024, the currently operable Order Appointing Probate Conservator was filed after contested appointment and hearings thereon. In that order, Jose Uriarte was appointed conservator of the person, and Jesus Uriarte was appointed conservator over the estate. While new Letters were issued reflecting the order, a Conservatorship Compliance Order was not generated, leaving the former Conservatorship Compliance Order (filed 11/3/23) as the operable order.  This oversight created the current circumstances where there is no deadline for an accounting of the conservatorship estate, and no scheduled hearing for same.

If this petition were just for the fees incurred by the petitioning attorney, it would be proper. However, due to the circumstances described above, the requests in this petition for fees and reimbursements are premature and unwarranted without a formal accounting. (Prob. Code, §§1456.5; 2620; and 2623.)

It is recommended the Court decline to consider this petition at this time, issue a Conservatorship Compliance Order that includes required deadlines for an accounting to be filed, and sets a hearing on that accounting.  All fees and reimbursement requests can be heard at that time.

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