Trusts and Estates

Ca. Trs. & Estates Quarterly 2023, VOLUME 29, ISSUE 1

LITIGATION ALERT

Written by Jeremiah J. Moffit, Esq.,* Courtney A. Sorensen, Esq.,* Craig S. Weinstein, Esq.,* and Sara Z. May, Esq.*

PROBATE CODE SECTION 850 DOES NOT AUTHORIZE A CLAIMANT TO SEEK THE RETURN OF DOCUMENTS AND COMMUNICATIONS AS ASSETS OF THE ESTATE

PARKER V. SCHWARCZ (2022) 84 CAL.APP.5TH 418

The First District Court of Appeal held that a former conservatee could not use Probate Code section 850, authorizing the return of real or personal property, to obtain documents and communications of the former temporary conservator.

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