In Re Conservatorship Hume

Good Law
140 Cal. App. 4th 1385·44 Cal. Rptr. 3d 906
Court of Appeal of CaliforniaJune 29, 2006G036141California3,735 words

Opinion

Opinion

William Snow Hume, in pro. per., for Objector and Appellant.

Benjamin P. de Mayo, County Counsel, and James C. Harvey, Deputy County Counsel for Conservator and Respondent.

SILLS, P.J.

We publish this case to make explicit what is otherwise implicit in the statute dealing with objections to inventories and accountings in conservatorship proceedings (Prob.Code, § 2614 [1] )—namely that the burden of proof is on the objector to the inventory and accounting, not on the conservator.

The facts are simple: The Orange County Public Guardian was appointed conservator of Laura Snow Auston Hume sometime prior to June 2004. In June 2004 the public guardian filed a final inventory and appraisal of Laura's estate. One of her children, William Snow Hume, filed objections. [2] A hearing was held, and the trial court entered an order overruling the objections and "accept[ing]" the inventory and appraisal "as is." William Snow Hume then filed this appeal. [3] His primary contention is that the trial court erred in placing the burden of proof on him to show that the various appraisals contained in the inventory were erroneous, rather than placing the burden of proof on the conservator to show…

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