Conservatorship of Elaine Twitchell

Case Number

24PR00374

Case Type

Hearing Date / Time

Wed, 01/14/2026 - 09:30

Nature of Proceedings

First Accounting and Report of Conservator

Tentative Ruling

Probate Notes:

Appearances required.

The accounting, as submitted, does not constitute a pleading, because it does not contain necessary factual allegations required to (1) serve as a formal basis for a judgment; (2) frame and limit the issues, separating issues of fact from questions of law; (3) make available the defense of res judicata (claim preclusion) in a later action; and (4) give notice of claims, and possible defenses, and cross-demands. (4 Witkin, Cal.Proc.6th (2025), Pleadings § 1 Origin, Nature, and Extent [citing Committee on Children's Television v. General Foods Corp. (1983) 35 C.3d 197, 211.)

The submission is not verified, which is required for all submissions to the Probate Court.  (Prob. Code, § 1021.)

The submission also does not provide the factual allegations required by Probate Code sections 1060-1064 (CRC, Rule 7.575), does not contain all of the supporting schedules required by those code sections, and does not contain any factual allegations or the required information in Article 3, Chapter 7, Part 4 of Division 4 of the Probate Code (§2620, et seq.).

Petitioner did not lodge the account statements with the court in an evidentiary manner that complies with Probate Code section 2620(c).  Thus, they cannot be considered evidence.

The Final Inventory and Appraisal is not executed in accordance with the requirements of Probate Code sections 2610, and 8800-8980.

Estate on hand at beginning of account does not match the amount listed in the Final Inventory and Appraisal filed February 11, 2025. (Prob. Code, §1061(a).)  The property on hand should have reflected the amount in the Final Inventory and Appraisal. (Prob. Code, § 1061(a)(1).)

Charges do not equal credits (Prob. Code, §1061(c).)

Schedule subtotals do not equal total charges/total credits (schedules don’t add up, etc).  Specifically, there is no justification for $2,014,842.32 total property on hand at end of account.

Schedule A is not segregated into categories, then listed in chronological order.  Pursuant to Cal. Rules of Court, rule 7.575(d), receipts must be listed in subject matter categories (not chronologically by bank account).

Schedule C is not segregated into categories then listed in chronological order.  (See Fiduciary Accounting Handbook (Cont. Ed. Of the Bar 2022) §8.8 [“As with receipts, disbursements should be listed categorically, then chronologically within each category.”].)

Conservator may not use credit cards without disclosing the billing statements to the court. Use of credit cards without court approval violates CRC, Rule 7.1059, subdivisions (b)(1-3, and 8).

Sufficiency of the bond must be addressed. (See Local Rule 1742 (a) & (b).)

Attorney’s fees were paid without court approval. Fees can only be paid from the conservatorship estate after court authorization. (Prob. Code, §§ 2640–2643.) (See Prob. Code, §§2430(a)(4), 2640(a), 2641(a), 2642(a), 2647.)  If a conservator pays or receives compensation, or if an attorney for the conservator receives any payment from the conservatorship estate without advance court approval, the court may surcharge and remove the conservator and impose any other sanction authorized by law. (CRC, Rule 7.755(a).)

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