Public Guardian of L.A. County v. Talbot CA2/2

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

In 2010, Arthur Talbot (Arthur) had two adult children— Richard and Susan. At that time, Richard had a mild developmental disability and was receiving public assistance. Arthur and Richard were living together in Arthur’s three- bedroom home in Hacienda Heights, California (the house). Arthur executed a will that left all of his property to Richard. To ensure that Richard’s future receipt of his inheritance from Arthur did not render Richard ineligible for public assistance, the probate court on May 11, 2011 created a “Special

Because several individuals involved in this case share the same last name, we use first names for clarity. We mean no disrespect.

The facts herein are based on the uncontested facts set forth in various affidavits and other documentation in the record.

2 Needs Trust” with Richard as its beneficiary (the Trust). A special needs trust is a trust into which proceeds from an inheritance or from litigation are placed, so that minors or adults who would otherwise receive those proceeds and who also have “a disability that substantially impairs [their] ability to provide” for themselves can remain…