Judge of the Orange County Superior Court (Ret.)

Hon. Jamoa A. Moberly

PROBATE, ESTATES & TRUSTS / ELDER ABUSE 

​Representative Cases

• Trustor - mother of two dentist kids, died 2016. Daughter was the trustee. She got cancer within months of mother's death and died in 2019. She did little administration. Her husband as executor and beneficiary of her share of 50-50 mother's trust became the successor of mom's trust. He allowed tenant to remain in mom's house rent free as his sister had. On advice of his Morgan Stanley brother, he did not sell stocks as brother-in-law demanded. Three years ago he had agreed to each of three grandkids getting 1/3 each. Brother never got around to signing the agreement. Finally filed a Petition for accounting, breach and removal. House needs major pool repair before selling. Settled for 593,500 to Brother-in-law. Payable 3-15-24. Brother to remain as trustee and executor of pour-over will. CCP 664.6. Future trust assets per probate will be divided 50-50.
  

• 93-year-old father amended trust 2 years before death adding other son as a co-trustee without telling first son. Disputes arose when dad broke hip and went into assisted living. Numerous claims arose regarding misuse of trust including second son accessing HLOC after first son withdrew trust funds to remodel house. All four siblings all agreed to partial credits and trial distribution.
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• Dispute involving trust contest.  Nephew challenged recently drafted trust by childless bachelor uncle whereby trust provisions gifted most of uncle’s property to his longtime tenants/neighbors on grounds of undue influence.
  
  
• Dispute arising from trust accounting and failure to fund sub-trusts coupled with challenges to expenses incurred in preparing trust properties for sale.  Breach of fiduciary duty.
  
  
• Dispute arising from amendment to trust while aunt on hospice.  Petition to invalidate amendment on grounds of lack of capacity and undue influence thereby reinstating gift of aunt’s home to nephew rather than to charities.
  
  
• Dispute arising from son’s petition to invalidate trust and amendments on grounds of undue influence, to invalidate transfer of deceased father’s residence to the daughter, removal of her as trustee and establishment of constructive trust.
  
  
• Dispute arising from challenge to mother’s holographic will leaving all of estate to son.  Challenge by daughter involved whether mother executed all of the document and if so, whether it was the product of undue influence, fraud or mistake.
  
  
• Dispute arising from failure to properly account over period of years and whether longtime accountant for trustor decedent should be removed, as well as to compel distribution.
  
  
• Dispute arising from daughter taking control of very substantial amount of cash stored in residence of parents, whether the cash was an asset of the trust, demand for return of cash, and whether parents had capacity to amend trust making her trustee.
  
  
• Dispute arising from management of longtime business of parents, whether conservatorship necessary, appointment of care manager and lesser alternatives to care of their persons and estate.
  
  
• Dispute arising from management of trust while trustor declining and in need of conservatorship.  Challenge to trust administration, return of trust properties and surcharge.
  
  
• Dispute arising from disposition of residence to elderly trustor’s prior caregiver who had befriended her during temporary stay at skilled nursing facility.  Allegations of undue influence. 
  
  
• Dispute arising from whether parents had capacity to enter into amended trust as asserted by children and whether mother was unduly influenced by father, and whether conservatorship necessary for either. 
  
  
• Dispute arising from temporary disappearance of mother with younger new boyfriend.  Mother was showing signs of mild dementia and question arose whether a conservatorship was appropriate,  and if so, parameters.
  
  
• Dispute between siblings arising from refusal to distribute trust estate and excessive administration expenses.
  
  
• Dispute arising from refusal of sibling to vacate deceased parent’s residence and to allow inventory and disposition of property by other siblings. 
  
  
• Dispute arising from girlfriend and sister of seriously injured middle age man and competing claims re care, visitation and asset management. 
  
  
• Disputes arising from visitation with elderly mother among numerous children, where mother should reside and with whom.  Many disputes in this regard have involved divorced parents of developmentally disabled adult children, spouses of elderly and between new spouses or partners if there are children of prior relationships.  Same issues arise if there are care issues regarding the elderly parent.
  
  
• Dispute arising from interpretation of conflicting provisions in will re who are beneficiaries.
  
  
• Dispute arising from rehabilitated parent’s desire to terminate longstanding guardianship of minor and to move child to out of county residence.
  
  
• Dispute arising from visitation with conserved adult disabled child between divorced parents with one parent living out of state. 
  
  
• Dispute arising from breach of fiduciary duties by successor trustee of irrevocable trust and wasting of trust assets, issues of legal malpractice by drafting counsel and failure to advise successor trustee child re duties.  Matter involved a generous and healthy parent who formed an irrevocable trust to minimize her susceptibility to her adult children. 
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• Dispute arising from amendment to trust gifting residence to mother’s in-home companion kept secret from daughter while she was also serving as successor trustee of otherwise sizable trust.  Secret was kept several years including by drafting attorney and independent reviewer until death of trustor.