San Francisco

San Francisco

Friday, December 23, 2011

California Conservator of the Estate

The Judicial Council of California developed a handbook for statewide use by private conservators under Probate Code sections 1834-1835.  Below you will find excerpts from the Conservator's Handbook that apply directly to Ms. Adler's responsibilities as the conservator for my grandmother's estate.
 
1.  Conservator of the Estate, Chapter 5, paragraph M. Trusts, pages 129 and 130:
 
"Did the conservatee understand what he or she was doing when the trust was set up, when it was amended, or when he or she transferred property to the trustee?"
 
In early September of 2009, Dr. Jonathan Mueller, a neurological doctor and psychiatrist, who was chosen by Mr. Lawrence Siracusa (Ms. Adler's attorney) submitted his findings after evaluating my Grandmother.  His diagnosis was moderate to severe dementia.  He concluded it was highly unlikely that my grandmother knew what she was doing when she made the changes to her trust in April of 2009.  These changes were te result of my brother's actions.  He brought her to her estate planning attorney on April 24, 2009.  The subsequent changes were for the sole benefit of Thomas C. DeMartini.  Ms. Adler is completely aware of this chain of events.  She is also aware that three of the trust documents were forged and that the declaration purported to be signed by my grandmother in June of 2009 was also a forgery.
 
Ms. Adler took no action to bring this to the court's attention thereby protecting my grandmother's trust.  She instead chose to employ my brother's felon girlfriend and has since then favored my brother's interest in the trust over that of my Uncle's 50% interest and my 25% interest.  She has even instructed her litigation attorney, Brian McCaffrey, to file a no contest action against my Uncle and I.
 
In addition, she filed an action to remove my Uncle and my attorney leaving us with no one while she has two attorneys being paid for by the Trust.  Since my grandmother has passed, 75% of these attorneys' fees are being paid by my Uncle and I.  Absolutely NO OUT OF POCKET EXPENSE to Ms. Adler.