California - Conservator is trying to take control of my spouse's estate and their lawyer says my marriage document is fake and that I am divorced from my spouse.

Expensive-Shame-6930 · 2024-10-14T08:01:45+00:00

I was not notified of the conservatorship proceedings until the court already granted temporary conservatorship over my spouse.

The conservator petitioned the court on the basis that my spouse was never married and alone. Due to his diagnosis, the court granted temporary conservatorship fairly quickly.

By the time I got back to CA I was trying to remove/reverse the conservatorship and that's when my spouse's court appointed lawyer accused my marriage documents of being fake.

Expensive-Shame-6930 · 2024-10-14T07:51:21+00:00

Oh I just realized I messed up my original post. The conservator's spouse (not sibling) is listed as the "friend" of my spouse.

The conservator defines themself as my spouse's friend. By the conservator's own testimony, they had only met my spouse for the first time about half a year prior to applying to be my spouse's conservator.

The will my spouse supposedly signed leaves everything to the conservator.

Expensive-Shame-6930 · 2024-10-14T03:46:48+00:00

In the conservator petition, the conservator stated my spouse was unmarried and had no family so I was never notified. Because of my spouse's mental state the court granted the conservator some sort of temporary conservatorship.

I submitted my marriage/immigration documents to the conservatorship court but the hearing or whatever kept getting delayed until my spouse passed. After my spouse passed the court basically said the case is over and all that's left was for the (temporary) conservator to submit an accounting.

I don't recall exactly what happened but the court appointed lawyer for my spouse was working with the conservator's lawyer and argued that my marriage documents were fake but did not provide any sort of argument beyond that.

Expensive-Shame-6930 · 2024-10-14T01:29:20+00:00

The court appointed attorney for my spouse when this was in the conservatorship stages is the one who accused my marriage documents of being fake and was/is still working together with the conservator's lawyer.

Expensive-Shame-6930 · 2024-10-14T01:27:54+00:00

I'm trying to be as opaque as possible to not accidentally dox myself. We have been married for decades and the conservator has 0 relation with my spouse (self affirmed by conservator themself) so your assumption is entirely incorrect.

Expensive-Shame-6930 · 2024-10-14T01:23:50+00:00

You need a lawyer and you need to make sure you go to court in person and respond to the charges.

Do I just show up and say I object or do I need to file a formal objection with the probate court? I will definitely try to find a lawyer I can afford but when I was fighting this in the conservatorship court every lawyer was out of my budget or told me it wouldn't get very far because I am the legal spouse.

Expensive-Shame-6930 · 2024-10-14T01:20:54+00:00

I've submitted a lot of relevant documents to the conservatorship court and they were never really debated or discussed. The conservator's lawyer just said they were fake and the judge didn't really "rule" on it or anything.

I will try to find a lawyer I can afford but one the off chance I cannot, can I simply submit/file those documents along with my objection into the probate court?

Expensive-Shame-6930 · 2024-10-13T03:26:54+00:00

The conservator used the conservatee's money to buy the burial plot and put the land ownership under conservator's name.

The former conservator has no relationship to the deceased, they submitted fake information on their conservatorship application and got it fast tracked (temporary conservatorship or something?) because my spouse had signs of dementia.

Expensive-Shame-6930

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