Conservatorship of Smith CA1/4

Filed 7/16/14 Conservatorship of Smith CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

Conservatorship of the Person and Estate of VIRGINIA SMITH.

MARY VIVIAN, Objector and Appellant, A139386 v. (Contra Costa County ALAN STATMAN as Conservator and Super. Ct. No. MSP10-00095) Successor Trustee etc., Petitioner and Respondent.

I. INTRODUCTION In this probate matter, appellant Mary Vivian, acting in propria persona, appeals from the denial of her motion for reconsideration of an order granting respondent Alan Statman’s petition for approval of a trust accounting and petition for instructions requesting authorization to sell or rent the family home (Petition for Instructions). Appellant contends her motion for reconsideration should have been granted because she did not have an adequate opportunity to be heard when she arrived late to the hearing on respondent’s petitions. She further contends she had new facts and law that the court should have considered. We affirm.

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II. PROCEDURAL BACKGROUND This is the second appeal arising out of the administration of a trust established by appellant’s parents, Robert K. Smith, Sr. and Virginia Smith (the Smith Family Trust). In the first appeal, Conservatorship and Estate of Smith (A127442, Aug. 11, 2010 [nonpub. opn.]), this court affirmed the naming of respondent Alan Statman as successor trustee of the Smith Family Trust. We take the following background facts from our prior opinion, omitting the footnotes: “On January 29, 1996, Robert K. Smith, Sr., and his wife, Virginia Smith, established a revocable trust agreement with assets that included their residence and two checking accounts. Mr. and Mrs. Smith were designated trustees. The trust named the couple’s daughter (appellant Mary Vivian) and their son (Robert K. Smith, Jr.) as successor trustees if Mr. and Mrs. Smith became unable to act as trustees. In an amendment dated September 27, 2004, the couple named Robert, Jr., as the sole successor trustee. “On December 26, 2008, Robert, Jr., filed petitions seeking appointment as conservator of the persons and estates of both Mr. and Mrs. Smith, as well as petitions for appointment as temporary conservator of his parents. The trial court appointed Robert, Jr., as temporary conservator of the persons of Mr. and Mrs. Smith on January 7, 2009. Robert, Jr., died four days later, on January 11. “Respondent, a private professional conservator, filed a petition seeking appointment as conservator of the estates of both Mr. and Mrs. Smith on June 8, 2009. The petition alleged that both proposed conservatees were in medical facilities because of mental health issues, including dementia. Respondent also filed a petition for appointment as temporary conservator of the estates of the couple, which the trial court granted on June 10. Mr. Smith died on June 19. “On August 10, 2009, respondent filed a petition for substituted judgment for modification of the Smiths’ trust to appoint him as successor trustee. (Prob. Code, § 2580.) At a hearing on August 25, 2009, the trial court granted the petition on a