On December 04, 2008 a
Probate Matters
was filed
involving a dispute between
Fiske, Bonnie L,
and
for Petition for Probate of Will and for Letters Testamentary
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
SBN 168550
Robert D. Schwartz, COUNTY OF SAN BERNARDINO
POINDEXTER & DOUTRE, INC. SAN BERNARDINO DISTRICT
400 S. Hope Street, Suite 1320
Los Angeles, California 90071
5/1/2024 7:12 PM
Telephone: (213) 628-8297 By: Angeline Garcia, DEPUTY
Facsimile: (213) 488-9890
E-mail: rschwartz@pdlawvers.com
Attorneys for Steve Jeffers, Kari Bruseth
And Scott Cleff
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
lO
ll Estate of: ) Case N0. PROP80801057
)
12 ) T0 REPORT 0F
INITIAL OBJECTION
) ADMINISTRATOR AND PETITION FOR
Michael J. McGookin: SETTLEMENT AND THIRD AND FINAL
l3 )
) ACCOUNTING AND PETITION FOR
l4 ) ALLOWANCE 0F STATUTORY
Deceased. ) COMPENSATION FOR SERVICES
l5 ) RENDERED AND FOR FINAL
) DISTRIBUTION
l6 ) [PROBATE CODE SECTION 11001]
l7 ) DATE: May 8, 2024
) TIME: 9:00 a.m.
l8 ) DEPT: F1
)
l9 )
20
21 Steve Jeffers, Kari Bruseth and Scott Cleff, heirs and named beneficiaries under the Will of
22 Michael J. McGookin (collectively, “Objectors”), present this Initial Objection (hereinafter the
23 “Objection”) to the Report 0f Administrator and Petition for Settlement and Third and Final
24 Accounting and Petition for Allowance of Statutory Compensation for Services Rendered and for
25 Final Distribution (“First Account”).1 This Objection is being filed concurrently with a Petition to
26
27
1/One of the many problems With the First Account is that it is in fact the first and only account
28 ever filed in this fifteen plus year pending Estate. Petitioner has erroneously named this Account
INITIAL OBJECTION TO REPORT OF ADMINISTRATOR AND PETITION FOR SETTLEMENT AND THIRD AND FINAL
ACCOUNTING ETC.
Remove Personal Representative and Order of Surcharge (“Removal and Surcharge Petition”) and a
Petition to Appoint Administrator with Will Annexed (“Appointment Petition”).
1. Preliminarv Statement. Michael J. McGookin (“Decedent”) died 0n November 12,
2008. Bonnie L. Fiske (“Petitioner” 0r “Fiske”) was appointed Executor of Decedent’s estate by
order 0f this court 0n January 15, 2009 and Letters Testamentary were issued on January 15, 2009.
For more the fifteen (15) years since her appointment, Fiske has breached her fiduciary duties,
disrespected this court, arrogantly dismissed the complaints 0f the heirs and beneficiaries, illegally
took compensation from the Estate, lied to the court and the heirs and beneficiaries, hid litigation
filed against the Estate, failed t0 inventory all 0f the Decedent’s property, failed t0 close the Estate
10
timely, exposed the Estate t0 unnecessary costs and expenses, entered into multiple conflicts of
ll
interest, failed t0 account and report t0 the court and the beneficiaries in accordance with Probate
12
Code §10900 et seq., failed t0 communicate with and keep the heirs and beneficiaries apprised 0f
l3
the proceedings 0f the Estate 0r give notice t0 the heirs and beneficiaries among many other
l4
atrocities.
l5
2. Fiske’s gross negligence and her sheer disregard for her fiduciary duties are
l6
astounding. The court should summarily deny the First Account, order Fiske to turn over all books,
l7
records, papers, pleadings, documents as requested herein in accordance With Probate Code §10901,
l8
and order her t0 turn over all assets on hand to the next appointed Personal Representative pursuant
l9
to the Appointment Petition. The court should remove Fiske as the Executor and surcharge her in
20
accordance with proof to be presented on the Removal and Surcharge Petition.
21
22 3. Failure to Give Notice. Obj ectors obj ect to the First Account because Petitioner has
23 failed to give notice of hearing 0n the First Account as required by Probate Code §1 1000.
24 4. Violation 0f Probate Code $1062(a). The First Account fails t0 show “the nature 0r
25 purpose 0f each item [or] the source of the receipt” in the Schedule of Receipts. Instead, the
26 Schedule 0f Receipts is a ledger of particular items of income. It is impossible t0 discern What each
27
and Report as the Third Account despite there never being a previously filed and/or court
28 approved accountings.
2
INITIAL OBJECTION TO REPORT OF ADMINISTRATOR AND PETITION FOR SETTLEMENT AND THIRD AND FINAL
ACCOUNTING ETC.
Document Filed Date
May 01, 2024
Case Filing Date
December 04, 2008
Category
Petition for Probate of Will and for Letters Testamentary
Status
Under Court Supervision
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA SBN 168550 Robert D. Schwartz, COUNTY OF SAN BERNARDINO POINDEXTER & DOUTRE, INC. SAN BERNARDINO DISTRICT 400 S. Hope Street, Suite 1320 Los Angeles, California 90071 5/1/2024 7:12 PM Telephone: (213) 628-8297 By: Angeline Garcia, DEPUTY Facsimile: (213) 488-9890 E-mail: rschwartz@pdlawvers.com Attorneys for Steve Jeffers, Kari Bruseth And Scott Cleff SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO lO ll Estate of: ) Case N0. PROP80801057 ) 12 ) T0 REPORT 0F INITIAL OBJECTION ) ADMINISTRATOR AND PETITION FOR Michael J. McGookin: SETTLEMENT AND THIRD AND FINAL l3 ) ) ACCOUNTING AND PETITION FOR l4 ) ALLOWANCE 0F STATUTORY Deceased. ) COMPENSATION FOR SERVICES l5 ) RENDERED AND FOR FINAL ) DISTRIBUTION l6 ) [PROBATE CODE SECTION 11001] l7 ) DATE: May 8, 2024 ) TIME: 9:00 a.m. l8 ) DEPT: F1 ) l9 ) 20 21 Steve Jeffers, Kari Bruseth and Scott Cleff, heirs and named beneficiaries under the Will of 22 Michael J. McGookin (collectively, “Objectors”), present this Initial Objection (hereinafter the 23 “Objection”) to the Report 0f Administrator and Petition for Settlement and Third and Final 24 Accounting and Petition for Allowance of Statutory Compensation for Services Rendered and for 25 Final Distribution (“First Account”).1 This Objection is being filed concurrently with a Petition to 26 27 1/One of the many problems With the First Account is that it is in fact the first and only account 28 ever filed in this fifteen plus year pending Estate. Petitioner has erroneously named this Account INITIAL OBJECTION TO REPORT OF ADMINISTRATOR AND PETITION FOR SETTLEMENT AND THIRD AND FINAL ACCOUNTING ETC. Remove Personal Representative and Order of Surcharge (“Removal and Surcharge Petition”) and a Petition to Appoint Administrator with Will Annexed (“Appointment Petition”). 1. Preliminarv Statement. Michael J. McGookin (“Decedent”) died 0n November 12, 2008. Bonnie L. Fiske (“Petitioner” 0r “Fiske”) was appointed Executor of Decedent’s estate by order 0f this court 0n January 15, 2009 and Letters Testamentary were issued on January 15, 2009. For more the fifteen (15) years since her appointment, Fiske has breached her fiduciary duties, disrespected this court, arrogantly dismissed the complaints 0f the heirs and beneficiaries, illegally took compensation from the Estate, lied to the court and the heirs and beneficiaries, hid litigation filed against the Estate, failed t0 inventory all 0f the Decedent’s property, failed t0 close the Estate 10 timely, exposed the Estate t0 unnecessary costs and expenses, entered into multiple conflicts of ll interest, failed t0 account and report t0 the court and the beneficiaries in accordance with Probate 12 Code §10900 et seq., failed t0 communicate with and keep the heirs and beneficiaries apprised 0f l3 the proceedings 0f the Estate 0r give notice t0 the heirs and beneficiaries among many other l4 atrocities. l5 2. Fiske’s gross negligence and her sheer disregard for her fiduciary duties are l6 astounding. The court should summarily deny the First Account, order Fiske to turn over all books, l7 records, papers, pleadings, documents as requested herein in accordance With Probate Code §10901, l8 and order her t0 turn over all assets on hand to the next appointed Personal Representative pursuant l9 to the Appointment Petition. The court should remove Fiske as the Executor and surcharge her in 20 accordance with proof to be presented on the Removal and Surcharge Petition. 21 22 3. Failure to Give Notice. Obj ectors obj ect to the First Account because Petitioner has 23 failed to give notice of hearing 0n the First Account as required by Probate Code §1 1000. 24 4. Violation 0f Probate Code $1062(a). The First Account fails t0 show “the nature 0r 25 purpose 0f each item [or] the source of the receipt” in the Schedule of Receipts. Instead, the 26 Schedule 0f Receipts is a ledger of particular items of income. It is impossible t0 discern What each 27 and Report as the Third Account despite there never being a previously filed and/or court 28 approved accountings. 2 INITIAL OBJECTION TO REPORT OF ADMINISTRATOR AND PETITION FOR SETTLEMENT AND THIRD AND FINAL ACCOUNTING ETC.