Conservatorship of Pacheco

Appellant George Pacheco, Jr., appeals from a judgment of the Alameda County Probate Court ordering him to transfer certain real property and cash to respondent Harold Parnham, conservator for appellant’s father, Anthony George Pacheco, Sr. (George.) Appellant contends the probate court (1) improperly refused to abate the probate action despite the existence of another pending action (Prob. Code, § 2525); and (2) erred in ordering him to return cash that had been transferred to him during his mother’s lifetime.

Statement of the Facts

Mae Pacheco became ill during November 1986 and was thereafter diagnosed with terminal cancer. Mae managed the finances for herself and her husband during their marriage and continued to do so until her death on February 3, 1987.

According to appellant, Mae always wanted him to have her money and property. After his mother became ill she told him she and George wished to transfer their cash savings (a total of $148,033.82, which was being held in joint savings accounts) to joint accounts in appellant’s and George’s names. George was present when Mae discussed these plans with appellant.

George and appellant thereafter proceeded to…