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Estate of Carmen Jeanette Jones, Deceased. v. Terry Harris et al

June 26, 2012

ESTATE OF CARMEN JEANETTE JONES, DECEASED. RAYMOND P. HARRIS, PETITIONER AND APPELLANT,
v.
TERRY HARRIS ET AL., OBJECTORS AND RESPONDENTS.



(Super. Ct. No. 09PR0047)

The opinion of the court was delivered by: Murray , J.

Estate of Jones CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Raymond P. Harris, in propria persona, appeals from the probate court's dismissal of his petition for probate of will of his deceased mother, Carmen Jeanette Jones. The probate court dismissed the probate petition on the ground that the only remaining assets of the decedent were trust assets not subject to probate. This appeal seeks to relitigate prior court orders in conservatorship and trust proceedings by and against Joyce Harris and Terry Harris as trustees/conservators of Mrs. Jones's trust, person, and estate.*fn1 The prior orders were the subjects of separate appeals in this court, which were consolidated for oral argument and decision only. (Conservatorship of Jones (Sept. 7, 2011, C062865 & C064672 [nonpub. opn.].) We will affirm the judgment (dismissal order).

FACTUAL AND PROCEDURAL BACKGROUND

On November 3, 2009, Raymond filed this case, Trinity County Superior Court No. 09PR047, a petition for probate of his mother's will, with himself as executor.

In December 2009, an opposition was filed by Joyce (Raymond's sister-in-law), on behalf of herself and her (recently deceased) husband, Terry (Raymond's brother), who served as trustees of the Carmen Jeanette Jones Revocable Trust and conservators of Mrs. Jones's person and estate.*fn2 The opposition argued there was nothing to probate, as the only asset was a residence, which was a trust asset not subject to probate. The opposition pointed out related cases:

Case No. 08PR014 (a trust case) was a June 2008 petition by Joyce and Terry (who had been appointed conservators of Mrs. Jones's person and estate) to remove Raymond as trustee of Mrs. Jones's trust, after Raymond deeded to himself real property that was a trust asset. (Conservatorship of Jones, supra, C062865.) The probate court rejected Raymond's claim of interest in the property, and in April 2009 removed Raymond as trustee of his mother's trust and ruled that the real property was an asset of the mother's trust. A copy of the judgment based on the court's ruling entered October 5, 2009 is included in the record on appeal of the current action.

Case No. 07PR0017 (a conservatorship case) was Raymond's challenge to the 2007 appointment of Joyce and Terry as conservators and approval of their first accounting. When Raymond filed the current case to probate his mother's will, the conservatorship case was still pending for court approval of a final accounting by Joyce and Terry as conservators for the estate of Mrs. Jones, who died in July 2009. A copy of the final accounting is included in the record on appeal of the current action.

We affirmed the judgments/orders in case Nos. C062865 and C064672 on September 7, 2011. (See p. 2, ante.)

In the current action seeking probate of the will, case No. 09PR047, Raymond then filed a "PETITION FOR DECLARATORY RELIEF BY RAYMOND P. HARRIS; REQUEST FOR PRELIMINARY INJUNCTIONS." This petition sought a stay of execution or a preliminary injunction to enjoin the sale of the real property or any other trust assets pending resolution of Raymond's accusations of misconduct by Joyce and Terry (which had already been rejected by the court in the other cases).

Joyce filed an opposition.

Raymond also filed a motion to compel discovery responses from Joyce, Terry, and Mrs. Jones's former attorney (who objected to the court's jurisdiction over her ...


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