[CA] How should I handle a probate fraud case?
I’m pro se, litigating against the former conservator of my 90-year-old father for fraud, breach of fiduciary duty, and elder financial abuse. He failed to apply for VA benefits and never implemented a 2017 CalVet Memory Care plan he proposed. That led to $500,000+ in avoidable losses; my father is now financially depleted and at risk of institutionalization.
The conservator, his attorney, and the court-appointed counsel have been aligned. At the last conservatorship hearing, they jointly requested mediation. Judge said mediation only if all parties consent; I said I was open but needed time. They also asked for a “global mediation” covering conservatorship and trust; judge denied—mediation applies only to the conservatorship (different judge handles the trust).
Five business days before the hearing, they filed a last-minute response to my objection trying to discredit me. I filed a supplemental rebuttal declaration, which was accepted. I think their six-year VA inaction leaves them vulnerable, which may explain their mediation request. Judge directed me to submit a final declaration limited to conservatorship accounting objections by August 28. What I need guidance on:
Should I consent to mediation now—does it hurt leverage or show weakness?
How to approach the Aug 28 declaration limited to accounting issues?
Title idea: Declaration of Sheri Geoffreys Opposing Approval of the Conservatorship Accounting and Request for Denial of Fees and Surcharge. Include “surcharge” in title, or is my already-filed surcharge petition sufficient?
Summary & detailed objections: failure to apply for VA benefits; avoidable private-pay caregiving vs. CalVet; improper/excess charges; failure to preserve assets. Some entries are in the 4th/5th Accountings (already approved) based on our belief in 2017 that CalVet was underway. Now we know it wasn’t; mismanagement from Aug 2020. How do I object to already-approved entries while opposing the 6th Accounting?
Remedies to request: deny approval (6th, possibly 5th/4th), deny fees, impose surcharge, refer to APS.
Exhibits: 2017 emails re VA/CalVet, timeline of delays and costs, financial summaries showing depletion.
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Mediation: Agreeing doesn’t signal weakness (Probate Code §17206). Probate judges like to see parties attempt resolution; mediation is confidential (Evidence Code §§1115–1128). Limiting it to the conservatorship (as the judge ruled) is appropriate. Prepare your objections and evidence clearly so you negotiate from strength.
Declaration (due Aug 28): Keep it strictly on accounting objections. Tie each fiduciary breach to specific accounting entries/omissions (e.g., quantify inflated care costs that timely VA/CalVet would have reduced).
Title: Keep the surcharge request in the body; your separate surcharge petition is already on file—keep the title focused on opposing the accounting.
Prior approved accountings: Courts treat approvals as final unless there’s fraud/misrepresentation/concealment (Code of Civil Procedure §473(b)). Argue you were misled to believe the 2017 CalVet plan was implemented; show concealment. Ask the court to revisit prior periods or treat losses from Aug 2020 forward as continuing breaches tied to the current accounting.
Remedies: Request denial of the Sixth Accounting, denial of conservator/attorney fees, and surcharge to make the estate whole. You can also request referral to APS to underscore seriousness.
Exhibits: Use contemporaneous writings—2017 emails re VA/CalVet, timelines, financial comparisons (actual costs vs. CalVet scenario). Judges respond to concrete numbers tied to specific acts/omissions.
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I have questions in probate court litigation.
I understand probate litigation can be stressful. What specific issues are you facing?
I’m pro se, litigating against the former conservator of my 90-year-old father for fraud, breach of fiduciary duty, and elder financial abuse. He failed to apply for VA benefits and never implemented a 2017 CalVet Memory Care plan he proposed. That led to $500,000+ in avoidable losses; my father is now financially depleted and at risk of institutionalization.
The conservator, his attorney, and the court-appointed counsel have been aligned. At the last conservatorship hearing, they jointly requested mediation. Judge said mediation only if all parties consent; I said I was open but needed time. They also asked for a “global mediation” covering conservatorship and trust; judge denied—mediation applies only to the conservatorship (different judge handles the trust).
Five business days before the hearing, they filed a last-minute response to my objection trying to discredit me. I filed a supplemental rebuttal declaration, which was accepted. I think their six-year VA inaction leaves them vulnerable, which may explain their mediation request. Judge directed me to submit a final declaration limited to conservatorship accounting objections by August 28. What I need guidance on:
- Should I consent to mediation now—does it hurt leverage or show weakness?
- How to approach the Aug 28 declaration limited to accounting issues?
- Title idea: Declaration Opposing Approval of the Conservatorship Accounting and Request for Denial of Fees and Surcharge. Include “surcharge” in title, or is my already-filed surcharge petition sufficient?
- Summary & detailed objections: failure to apply for VA benefits; avoidable private-pay caregiving vs. CalVet; improper/excess charges; failure to preserve assets. Some entries are in the 4th/5th Accountings (already approved) based on our belief in 2017 that CalVet was underway. Now we know it wasn’t; mismanagement from Aug 2020. How do I object to already-approved entries while opposing the 6th Accounting?
- Remedies to request: deny approval (6th, possibly 5th/4th), deny fees, impose surcharge, refer to APS.
- Exhibits: 2017 emails re VA/CalVet, timeline of delays and costs, financial summaries showing depletion.
Have you already initiated proceedings?
Yes. I filed an objection and a petition for surcharge.
Anything else the estate lawyer should know before I connect you?
Yes.
Mediation: Agreeing doesn’t signal weakness (Probate Code §17206). Probate judges like to see parties attempt resolution; mediation is confidential (Evidence Code §§1115–1128). Limiting it to the conservatorship (as the judge ruled) is appropriate. Prepare your objections and evidence clearly so you negotiate from strength.
Declaration (due Aug 28): Keep it strictly on accounting objections. Tie each fiduciary breach to specific accounting entries/omissions (e.g., quantify inflated care costs that timely VA/CalVet would have reduced).
Title: Keep the surcharge request in the body; your separate surcharge petition is already on file—keep the title focused on opposing the accounting.
Prior approved accountings: Courts treat approvals as final unless there’s fraud/misrepresentation/concealment (Code of Civil Procedure §473(b)). Argue you were misled to believe the 2017 CalVet plan was implemented; show concealment. Ask the court to revisit prior periods or treat losses from Aug 2020 forward as continuing breaches tied to the current accounting.
Remedies: Request denial of the Sixth Accounting, denial of conservator/attorney fees, and surcharge to make the estate whole. You can also request referral to APS to underscore seriousness.
Exhibits: Use contemporaneous writings—2017 emails re VA/CalVet, timelines, financial comparisons (actual costs vs. CalVet scenario). Judges respond to concrete numbers tied to specific acts/omissions.
Thank you—super helpful. I’ve already submitted timelines showing unnecessary private pay vs. projected CalVet costs as of Aug 2020 (with application and wait-list timing), plus the 2017 emails. When I file the accounting declaration, should I note that I accept mediation? Judge ordered mediation but said I could decide after looking into it. Also, can I keep working with you on AskaLawyer—and how?
Keep the Aug 28 declaration focused solely on accounting objections. Don’t mix in mediation. Instead, confirm mediation separately—file a short notice of non-objection or state your consent on the record at the next hearing. That keeps your declaration “clean.”
As for future help, you can return to AskaLawyer and request me by name if the platform allows; otherwise, start a new question and reference this matter so the next attorney has full context.
Thank you!
You’re welcome!
