Conservatorship of Wayne O Evenson

Case Number

Case Type Conservatorship Hearing Date / Time Tue, 08/11/2026 - 09:00 Nature of Proceedings First Account and Report of Successor Conservator Tentative Ruling Probate Notes: Probate Notes: Appearances required.

The following discrepancies must be addressed by Supplement: Discrepancy no. 1 - The estate is losing money at a rate that will not support the conservatee past 2036. The following causes are readily identifiable from the schedules: Stock losses on sale ($8,816.75) Management fees for investment accounts ($12,996.28)

Discrepancy no. 2 - There are several disbursements to "Wells Fargo Card Services" without explanation. 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).

Discrepancy no. 3 - The estate suffered a loss of $8,816.75 due to the sale of several securities at a significantly less market value than the carry value. A fiduciary ordinarily has a duty to invest trust property, preserve it, and make it productive. (Prob. Code Sec.Sec.16006-16007.) The fiduciary's investment powers are derived from powers set by statute (Prob. Code, Sec.Sec.16200(b), 16047), case law, and the circumstances of the estate and its beneficiaries. All of these sources of investment powers are considered in determining whether an investment is proper. (See Estate of Collins (1977) 72 Cal.App.3d 663.) The default investment standard for all fiduciaries is the prudent investor rule. (Prob. Code, Sec.16046(a).)

In general, the duty to invest extends to accumulated but undistributed income as well as principal. (Lynch v John M. Redfield Found. (1970) 9 Cal.App.3d 293.) Therefore, a supplement is required to explain the stock losses.

Discrepancy no. 4 - There are no account statements on file. Original account statements must be filed. (Prob. Code, Sec. 2620)

Discrepancy no. 5 - There are no care facility account statements on file. Original residential care facility or long term care facility bills must be submitted. (Prob. Code, Sec. 2620(b)(5))

Discrepancy no. 6 - Overhead costs not reimbursable. Local Rule 1732(b) states "The following expenses are considered by the court to be a business expense and are not ordinarily reimbursable costs or fees: Photocopy expenses; Telephone charges; Computer research fees; Clerical services; Travel to and from court; and Communication with the probate examiner and/or attorney." CCP 1033.5: (b) The following items are not allowable as costs, except when expressly authorized by law: (1) Fees of experts not ordered by the court. (2) Investigation expenses in preparing the case for trial. (3) Postage, telephone, and photocopying charges, except for exhibits. (4) Costs in investigation of jurors or in preparation for voir dire. (5) Transcripts of court proceedings not ordered by the court.

Discrepancy no. 7 - Several entries for the Conservator fees do not contain sufficient detail to determine whether the work performed was "reasonable" or related to the administration of the estate. The following are examples of multiple entries in the billing statement that must be itemized and explained in better detail: Date | Description in billing statement | Discrepancy | 11/15/24 | TC with Wells Fargo in PA | About what? The weather? | 11/30/24 | 16 calls on cell phone for the month | About what’ vacations? | 1/31/2025 | 78 incoming emails for January, 9 from caregiver, 6 from bank, 34 from attorney, 1 form pharmacy, 13 from investment advisor, 4 from family, 9 from geriatric manager, 1 from pension plan, one from physician. | About what? Politics? |

All petitions for orders fixing and allowing compensation must comply with the requirements of rule 7.702 concerning petitions for extraordinary compensation in decedents' estates, to the extent applicable to guardianships and conservatorships, except that the best interest of the ward or conservatee is to be considered instead of the interest of beneficiaries of the estate. CRC 7.751(b) Phrases such as 'court appearances,' 'initial investigation, study and preparation,' 'determination of complex issues,' 'sales of property,' 'services in connection with the collection of notes and accounts,' 'services in negotiating and completing the settlement of the issues presented by * * * and subsequent services in effectuating,' 'extensive preparation in advance of the hearing,' 'extensive office consultation, research, interviewing of witnesses, collection of evidence,' 'preparation and filing of * * * tax returns * * * including numerous conferences' lend little towards informing of the extent of the extraordinary services performed, without the taking of evidence to substantiate with particularity the actual services, item by item, for which extra compensation is sought. (In re Fulcher's Estate (1965) 234 Cal.App.2d 710, 717 [emphasis added].)

According to CRC, Rule 7.756: (a) The court may consider the following nonexclusive factors in determining just and reasonable compensation for a conservator from the estate of the conservatee or a guardian from the estate of the ward: (1) The size and nature of the conservatee's or ward's estate; (2) The benefit to the conservatee or ward, or his or her estate, of the conservator's or guardian's services; (3) The necessity for the services performed; (4) The conservatee's or ward's anticipated future needs and income; (5) The time spent by the conservator or guardian in the performance of services; (6) Whether the services performed were routine or required more than ordinary skill or judgment; (7) Any unusual skill, expertise, or experience brought to the performance of services; (8) The conservator's or guardian's estimate of the value of the services performed; and (9) The compensation customarily allowed by the court in the community where the court is located for the management of conservatorships or guardianships of similar size and complexity. (b) No single factor listed in (a) should be the exclusive basis for the court's determination of just and reasonable compensation.

Discrepancy no. 8 - There is no allegation in the petition related to Court Investigator fees. "In cases involving a court investigation, a petition for approval of an account must state the amount of court investigator's assessments that have been paid and any amount due and owing. A receipt for payment must be filed, unless the fiduciary has obtained an order deferring or waiving payment of the assessment." (Local Rule 1741)

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