Conservatorship of Michael Shane Moniot
Conservatorship Compliance Hearing
Motion type
Ruling
following reasons: There is ZERO stated value of the lost real property. There is no explanation how the property was lost. Thus the court does not know what the legal theories of recovery will be, and whether those theories lend themselves to traditional contingency fee scenarios, or whether they are more appropriate in contract remedies that would be compensable via an ordinary request for extraordinary fees at final distribution.
Allowing a 40% recovery fee of a Sacramento City residential property value would so eclipse the statutory fees normally allowable in a probate that it would blot out the sun shining on the heirs' inheritance, and require zero justification for the fees, in direct contrast to that requirement in a request for extraordinary fees. Accordingly, it is recommended the Court deny the petition and order that only a request for extraordinary fees be filed, if any request for fees above statutory fees be necessary. If not, the two heirs of the estate are very likely to have a significant portion of their inheritance wasted.
Petitioner must come prepared to address these issues at the hearing, and offer alternative suggestions. Petitioner also should file a Declaration outlining, in detail, the facts related to how the property was lost, and what the legal theories of recovery are going to be most likely to prevail.
Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the "Filing Description" field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field - BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).
Tentative Ruling: Conservatorship of Michael Shane Moniot Tentative Ruling: Conservatorship of Michael Shane Moniot Case Number
Case Type Conservatorship Hearing Date / Time Mon, 07/06/2026 - 08:30 Nature of Proceedings Conservatorship Compliance Hearing Tentative Ruling Probate Notes: Appearances required.
The following documents have not been filed with the court pursuant to the Court's order to file the documents, issued on February 2. 2026: Inventory & Appraisal (Form GC-040) (Prob. Code, Sec. 2610). The conservator must file an inventory and appraisal of the estate, made as of the date of the appointment of the guardian or conservator.
Proof of Service - Notice of How to File Objection to I & A (Form GC-042) (Prob. Code, Sec. 2610) A copy of the Inventory & Appraisal (Form GC-040), along with Notice of How to File Objection to I & A (Form GC-042), must be delivered to the conservatee's spouse or registered domestic partner, the conservatee's relatives in the first degree, and, if there are no such relatives, to the next closest relative, unless the court determines that the delivery will result in harm to the conservatee.
PLEASE NOTE: Failure to submit the required documents listed in the previous Conservator Compliance Order is a breach of fiduciary duty as a conservator, and can result in removal as conservator and surcharge. (Prob. Code, Sec. 2650(c).) If you are removed from office, a successor conservator will be appointed and will be entitled to collect fees. The death of the conservatee does not relieve a conservator of the duty to cure the deficiencies from the previous hearings.
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