The trust was not rewritten by the conservator. It was just totally ignored by the judge in everything he did. Also the durable power for medical treatment was ignored.
Here is the section of the probate code that seems to apply to our case. First we will try for a stay and appeal--
These are excerpts from 15640- 15645--
(9) For other good cause.
(d) If the court finds that the petition for removal of the
trustee was filed in bad faith and that removal would be contrary to
the settlor's intent, the court may order that the person or persons
seeking the removal of the trustee bear all or any part of the costs
of the proceeding, including reasonable attorney's fees.
Here is what the judge used but he lied because we earned in excess of $1 million for the trust net of related expenses in 2011 and 2012—
(e) If it appears to the court that trust property or the
interests of a beneficiary may suffer loss or injury pending a
decision on a petition for removal of a trustee and any appellate
review, the court may, on its own motion or on petition of a
cotrustee or beneficiary, compel the trustee whose removal is sought
to surrender trust property to a cotrustee or to a receiver or
temporary trustee. The court may also suspend the powers of the
trustee to the extent the court deems necessary.
--but we never lost money. Made $1.2 million in 2 years.
If this doesn't work it seem that--if I am accused of contempt by this kangaroo court--that I should be able to go in and dispute the contempt charge on the grounds that the judge issued an illegal order?
Has the court ruled appropriately? This conservator's daddy has a 12 acre ranch in Ojai. She has 70 conservatorship cases. Out of those 70, 7 are ttrust. Out of those 7 trusts, Judge Dredd has replaced 6 trustees with this conservator. In many cases the trusts had successor trustees who were passed over.
Here is what I believe we are dealing with--
Isn't that a defense for not completely obeying a court order?? What other options do I have with a crooked court if the judge will not grant a stay (probably won't) and we do not get an appeal??
This is hard earned family money. These ambulance chasers, the crooked judge, and the crony conservator and ambulance chasing loser attorneys are feeding at the trust trough. As head of the family I feel I have a responsibility to try to do something.
We have counsel coming on the scene from our e and o carrier but I am still waiting for them. Maybe I just need to disobey a little of the court order and stall these vermin off until I get counsel??
Once I give up the money I am holding in Az, I have the feeling I will never get it back. The e and o attorneys will cover us for backcharges but will not defend the trust or get us back on it.
What to do?