CALIFORNIA PROBATE CENTER

The Authority for Probate Litigation and Estate Planning in California

What is Probate Fraud? How Do I Stop a Conservator, Guardian, or Personal Representative from Lying, Cheating or Stealing?

The number of ways that probate fraud can occur in California is so varied that it is hard to capture in few words. Nonetheless, here are a few recorded examples of probate fraud by greedy conservators, personal representatives, and guardians.

CONSERVATOR ALLEGEDLY STEALS FROM ELDERLY WOMAN

Conservators are supposed to protect the vulnerable from harm. So when one is assigned to an elderly individual, the court often assumes that the conservator (often a professional conservator that has no tie to the person other than money) is always acting in the best interests of the conservatee. This combination of lax oversight and trust can combine to form the perfect cover for a person to defraud an elderly person.  In an extensive review of over 2,400 conservatorships by the LA Times, the newspaper found extensive “incompetence, neglect, and outright theft” – including some cases in San Diego.  Read the article for more on how the wrong conservator can hurt the lives of those in the worst possible position to defend themselves from it.

FRAUD BY PERSONAL REPRESENTATIVES: FATHER AND SON ARRESTED IN PROBATE FRAUD CASE

In San Jose, “Ludwig F. Hurtado, 28, of Hayward and his father, Franz V. Hurtado, 61, of San Jose,” were arrested and Ludwig was “charged with five felony counts including four counts of grand theft and one count of conspiracy to cheat and defraud. Franz Hurtado is charged with one count of grand theft and one count of conspiracy to cheat and defraud.”

The father and son attempted to “cheat and defraud a San Jose widow out of the home that she had lived in with her husband for many years by arranging an estate sale based on a phony appraisal.” Ludwig was the personal representative of the widow’s dead husband, and was also the executor of a second estate in which he was charged with illegally misappropriating over $260,000 and using the money for personal uses.

GUARDIAN STOLE MONEY BY FRAUDULENTY EXECUTING WILLS

Bryan Tickell was hired to care for seniors under the care of Canada’s Public Guardian. While one of his victims lay unconscious on his death bed, Tickell rewrote his will, making himself a 20% beneficiary of an estate worth $1.32 million. Tickell also fraudulently transferred the deed of a home into his own name from an elderly woman incapable of managing her financial affairs. He later sold the property for a net gain of $966,032. Tickell also used the credit cards of seniors for personal gain and repeatedly used their cars without permission.

CONCLUSION

If you or someone you know suspects that a conservator, personal representative, or guardian is stealing from an elderly person, you need to contact an attorney immediately before the statute of limitations cuts off your rights.