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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118128
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I filed grandmother. She is 101. I would like to withdraw my

Customer Question

I filed for conservator for my grandmother. She is 101. I would like to withdraw my request but keep open the motions I filed for the trust side of the estate. How do I go about that and do I need a specific form? Language?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What motions did you file for the trust part of the estate? Why are you seeking to withdraw your petition for conservatorship?
Customer: replied 1 year ago.
Gee, good questions... Where do I start? My aunt (Margie) was the conservator of my grandma for less than a year before she passed away in May. My grandmother is living in a Assisted Living Facility in Castro Valley, CA. At that time my cousin (Vicki) and I both filed to be conservator. Vicki is using the same attorney as her mother she has privy to the information of the entire she is also the trustee. I do not have the money for a retainer for an attorney, so I've been doing this all on my own. I figured if I get selected to be conservator the estate will then pay for my attorney fees and it would be a mute point. Now, this is where it gets sticky... Vicki has disbursed ALL of my grandmothers belongings to herself and her siblings leaving out my side of the family. I do know that we are in the trust. I have reason to believe that my aunt Margie commingled funds from the estate, conservatorship...and possibly disbursed money to her children. Vicki has not been coperative in any way. Just very nasty. So, I filed a Petition to remove Vicki as Trustee and request a copy of the trust. This was filed on October 29. I have NOT gotten anything from the attorney. I've written letters and no response at all. I want to withdraw my motion as conservator because.... 1) I don't see anyway I can win without an attorney (especially since my grandmothers appointed attorney said to give it to Vicki since she is doing most of it anyway). Currently it is being handled by the court. 2) I can not get down to court tomorrow, which is when the hearing is to handle this. My husband just had back surgery and can't be left alone. So, with that, I figured I would just concentrate on the other matter...which is to remove Vicki from the Trust.
Customer: replied 1 year ago.
Oh, and by the way...there has NOT been any accounts done on the conservatorship...NEVER...
Customer: replied 1 year ago.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can use a CIV-110 to dismiss ONLY the request for conservatorship and you need to make sure you specify it is only for the conservatorship and it is without prejudice ( If this is all set for tomorrow and you do not show up, the court can dismiss your claim anyhow for not appearing. However, if you cannot afford an attorney and cannot get one from legal aid or through the state bar pro bono program you need file it with the clerk of court. It is then up to the court, since the other party is contesting this anyhow, to allow the withdrawal of that request. Make sure you state it is to withdraw/dismiss only the conservatorship petition and it is without prejudice.
Customer: replied 1 year ago.
Thank you...I think you've answered my question. It is so crazy. And the funny part is that Vicki's attorney is an very old man who is not well...and I question her competence... The conservatorship is so monitored by the courts that I am not too concern about that...and there isn't very much money in there as there is in the Estate. And trust me, I'm not doing this for money...I'm doing this to protect all beneficiaries (because there could be more than just my siblings who have been left out). That's the sad part.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You can make a motion for an accounting on the conservatorship to the courts as well as your motion for the accounting on the trust and to remove the trustee.

It is sad that family acts like this towards one another, but they always seem to do so when money is involved.