California Probate Code 2616 – (a) A petition may be filed under this article by any one or …
(a) A petition may be filed under this article by any one or more of the following:
(1) The guardian or conservator.
Terms Used In California Probate Code 2616
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Conservatee: includes a limited conservatee. See California Probate Code 29
- Conservator: means (1) the conservator of the estate or (2) the limited conservator of the estate to the extent that the powers and duties of the limited conservator are specifically and expressly provided by the order appointing the limited conservator. See California Probate Code 2600
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Estate: means all of the conservatee's or ward's personal property, wherever located, and real property located in this state. See California Probate Code 2600
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Instrument: means a will, a document establishing or modifying a trust, a deed, or any other writing that designates a beneficiary or makes a donative transfer of property. See California Probate Code 45
- interested person: includes any of the following:
California Probate Code 48
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Oath: A promise to tell the truth.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Personal property: All property that is not real property.
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
(2) The ward or conservatee.
(3) A creditor or other interested person, including persons having only an expectancy or prospective interest in the estate.
(b) Upon the filing of a petition under this article, the court may order that a citation be issued to a person to answer interrogatories, or to appear before the court and be examined under oath, or both, concerning any of the following allegations made in the petition:
(1) The person has wrongfully taken, concealed, or disposed of property of the ward or conservatee.
(2) The person has knowledge or possession of any of the following:
(A) A deed, conveyance, bond, contract, or other writing that contains evidence of or tends to disclose the right, title, interest, or claim of the ward or conservatee to property.
(B) An instrument in writing belonging to the ward or conservatee.
(3) The person asserts a claim against the ward or conservatee or the estate.
(4) The estate asserts a claim against the person.
(c) If the citation requires the person to appear before the court, the court and the petitioner may examine the person under oath upon the matters recited in the petition. The citation may include a requirement for this person to produce documents and other personal property specified in the citation.
(d) Disobedience of a citation issued pursuant to this section may be punished as a contempt of the court issuing the citation.
(Amended by Stats. 1994, Ch. 806, Sec. 18. Effective January 1, 1995.)