2019 February California Bar Forum

[Kentshindig]

I believe that as a Conservator, you are not allowed to create a codicil, only the testator can amend the Will.
If I remember correctly, this is the reason why I found the codicil invalid.

in some respects, making a will or codicil makes little difference. A person can do a new will and have the same effect as a codicil, which is authorized by CPC 2580. The court in Romo said if the conservator is incapacitated, then the person, his conservator, his attorney, or the court, cannot do a will for the person. But in Hart, the court distinguished the emphatic position in Romo, holding a person’s conservator can disinherit heirs and others who may have an expectancy interest in the estate. Either way, a petition informing the court of the circumstances is necessary, which was absent in the fact pattern, so the codicil was invalid.

I remember a lecture online by Emerson bar review (free to the public still) which stated that a conservator is allowed to make the codicil when capacity is no longer held by the testator. In addition, there was a bar question in CA that addressed this, however, the gift was to the conservator and his sister - making it invalid. But here, the gift with intent was to the friend, but only the testator could gift away his cp, not his wife's. That is how I handled the codicil after I found it valid.

Conservatees do not lose all rights or all voice in important decisions affecting their lives. All conservatees have the right to be treated with understanding and respect, the right to have their wishes considered, and the right to be well cared for by their conservators. Conservatees generally keep the right to (1) control their own wages or salary from employment, (2) make or change a will, (3) marry, (4) receive personal mail, (5) be represented by a lawyer, (6) ask a judge to change conservators, (7) ask a judge to end the conservatorship, (8) vote, unless a judge decides they are not capable of exercising this right, (9) control personal spending money if a judge has authorized an allowance, and (10) make their own medical decisions, unless a judge has taken away that right and given it exclusively to their conservators.

A Conservator does not have inherent powers to make such significant changes. Ultimately, I don't think the examiners care if the codicil is valid or not, they are probably more interested in your analysis and how it supports your conclusion.

Well, according to Murphy v. Murphy and my Wills, Trusts and Estates book from law school a conservator has the power to make the will.

"In some states a guardian or conservator appointed by the court has the power not only to make, amend, or revoke a trust for the ward, but also to make, amend, or revoke the ward's will. If challenged, under the substituted judgment standard the guardian or conservator must show that the ward probably would have under taken the same action. See UPC §5-411 (1990). In Murphy v. Murphy, 78 Cal. Rptr. 3d 784 (App. 2008), the court held that a judicial substituted judgment order during the ward's life precluded a post-death challenge to the estate plan as modified by a conservator....." This is an actual quote from my book.

The actual statute is Section 2580(b)(13) of the California Probate Code. For the conservator to do this he would have to petition the court, or alternatively an interested person could petition to required to conservator to make a will if the three purposes set forth in 2580(a) are met to the court's satisfaction. (https://codes.findlaw.com/ca/probate-co ... -2580.html). The fact pattern involved no petition to the court or court evaluation of the factors. I cannot believe answer to this question would be known by most attorneys or judges absent legal research. Really glad I did not take the test this time-- I would have had no clue how to answer this.

I think basically the examiners wanted the argument that the appointed conservator must do the following for making a will: conservatee must not have capacity, give notice to affected parties, the intent of the conservatee must be in accordance with the codicil to be valid if formational requirements are met AND file the petition under the SJ with the courts (which of course I did not put in my answer). Even though I answered it without mentioning the filing of the petition, I mentioned that notice must be given to the wife under a different code. I did mention the incapacity issue and the intent too which all fit the facts. At this point I can't remember my answer completely but I found the codicil valid. Whether it was good enough without the SJ, who knows what the grader will think of my answer.

Review of Q.1 (Comm Prop/Wills/Trusts).

All the comments here are intriguing. This question had an extraordinary amount facts and a lot of issues and sub-issues. I hope those who took it stayed organized and passed. Here is my review of the question and all the best to you. -Eddie https://www.youtube.com/watch?v=FSA345l55wQ

Disclaimer: This is not meant to be an exhaustive list of possible issues.

[Ciedam08]

1 more day!!!! Who else has complete anxiety??! I can’t even concentrate on anything ... not feeling confident since I totally missed an issue one the first essay ... good luck to everyone!

[Ciedam08]

I'm starting to freak out about results coming back. This was my second time taking it. The first time I did pretty well on the MBEs but failed all of the essays. I thought things went much better walking out but now I am second guessing myself. I can't take this a third time!

I’m in the same boat as you! This was my second time, and I felt good walking out of the first day, until I saw all the comments about the first essay. I’m sure I failed that one, because I didn’t know the law on conservatorship ... I wish you the best of luck!

[maureenwct]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

[PassTheCalBar]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

I feel the same, especially about essay 1. But, let's keep our fingers crossed. Good luck to you as well!

[DodgerBlues1991]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

Is everyone thinking that "historical" is meaning a not pass?

[Underoath]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

Is everyone thinking that "historical" is meaning a not pass?

So, everyone here failed? I doubt it. I don't think it means that.

[PassTheCalBar]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

Is everyone thinking that "historical" is meaning a not pass?

So, everyone here failed? I doubt it. I don't think it means that.

I agree. I think they didn't update the system yet so there's nothing we are able to know as of now. Let's stay positive!

[DodgerBlues1991]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

I feel the same, especially about essay 1. But, let's keep our fingers crossed. Good luck to you as well!

If it makes you feel better one essay will not make or break you

[Underoath]

If I fail (which will be multiple times of failing), I think I may find a different field to make money in. There's people in sales making more money than attorneys anyway.

[PassTheCalBar]

If I fail (which will be multiple times of failing), I think I may find a different field to make money in. There's people in sales making more money than attorneys anyway.

True. But what if you pass this time after multiple failures? Let's keep hope up! Nobody knows anything at this point.

[ReasonablePersonSSC]

FWIW, my data migration date was 2/20. My moral character application was submitted in 1/2019 and still says 'pending internal review''. I am licensed to practice law in CT.

After listening to the reviews of the questions, I don't think I passed; I don't think I wrote enough or was comprehensive enough with my IRAC.

Good luck to all of you.

My AIMS record mirrors yours: I submitted the application mid-January, and my data migration date and status are the same as yours. I passed the July 2018 bar and the MPRE in March so I am hoping to get a positive determination in time for June swearing in...time will tell.

The Feb 2019 bar questions were difficult which may mean the graders were told to grade liberally. Good luck to everyone on Friday at 6:00pm!

[Underoath]

If I fail (which will be multiple times of failing), I think I may find a different field to make money in. There's people in sales making more money than attorneys anyway.

True. But what if you pass this time after multiple failures? Let's keep hope up! Nobody knows anything at this point.

Thanks, I appreciate it. Are you going to look at your results at home? with friends? significant other?

[PassTheCalBar]

If I fail (which will be multiple times of failing), I think I may find a different field to make money in. There's people in sales making more money than attorneys anyway.

True. But what if you pass this time after multiple failures? Let's keep hope up! Nobody knows anything at this point.

Thanks, I appreciate it. Are you going to look at your results at home? with friends? significant other?

I used to look at the results alone at home, but this time I will do with my parents. I've experienced failures like you, and I was literally thinking about committing suicide after the first result. This test is the beast. You are not alone. I genuinely wish you pass this time. Even if not, I hope you don't give up. Don't let this stupid test get you down. But, I really hope you pass this time!!!! one more day!!

[Underoath]

If I fail (which will be multiple times of failing), I think I may find a different field to make money in. There's people in sales making more money than attorneys anyway.

True. But what if you pass this time after multiple failures? Let's keep hope up! Nobody knows anything at this point.

Thanks, I appreciate it. Are you going to look at your results at home? with friends? significant other?

I used to look at the results alone at home, but this time I will do with my parents. I've experienced failures like you, and I was literally thinking about committing suicide after the first result. This test is the beast. You are not alone. I genuinely wish you pass this time. Even if not, I hope you don't give up. Don't let this stupid test get you down. But, I really hope you pass this time!!!! one more day!!

Thanks...you too. Best of luck. Please post here after you look and update us all. I will do the same.

[mande110]

Is anyone else able to register for the July 2019 exam? I can, and I get a message on the verification page that states "Previous Enrollments: You do not have any previous enrollments that have not received grades."

This does not seem promising...

[nowyouscantleave]

Is anyone else able to register for the July 2019 exam? I can, and I get a message on the verification page that states "Previous Enrollments: You do not have any previous enrollments that have not received grades."

This does not seem promising...

Same here.

[Saturn_Ascends]

Is anyone else able to register for the July 2019 exam? I can, and I get a message on the verification page that states "Previous Enrollments: You do not have any previous enrollments that have not received grades."

This does not seem promising...

Same thing here. I didn't try to register but have the same message under "Verification."

I'm guessing the system will not be updated until results are released and all this search for "clues" is pointless.

[cob2018]

Is anyone else able to register for the July 2019 exam? I can, and I get a message on the verification page that states "Previous Enrollments: You do not have any previous enrollments that have not received grades."

This does not seem promising...

Same here.

Mine says “You are not permitted to launch this application for the following reason: You already have an application in progress. Please see below.” But my data was transferred back in February so I don’t think it means anything

[arya12]

Disregard.

[arya12]

Is anyone not able to register for the July bar? I was able to sign up as well....

[DodgerBlues1991]

Is anyone not able to register for the July bar? I was able to sign up as well....

For me when I go to registration it says there is one already approved or pending. however if you try to apply for the bar i think it allows you. it allowed me and then under verification it says "You do not have any previous enrollments that have not received grades." Can't read into it too much, the bar would never allow anything to leak beforehand

[nowyouscantleave]

Is anyone not able to register for the July bar? I was able to sign up as well....

For me when I go to registration it says there is one already approved or pending. however if you try to apply for the bar i think it allows you. it allowed me and then under verification it says "You do not have any previous enrollments that have not received grades." Can't read into it too much, the bar would never allow anything to leak beforehand

Before the website changed last time around, a classmate was able to see the bar requirement as "satisfied" a day or two before results, so you never know? Unless that's why they changed the website...

[Atmosphere]

Is anyone not able to register for the July bar? I was able to sign up as well....

For me when I go to registration it says there is one already approved or pending. however if you try to apply for the bar i think it allows you. it allowed me and then under verification it says "You do not have any previous enrollments that have not received grades." Can't read into it too much, the bar would never allow anything to leak beforehand

same.

[DodgerBlues1991]

Is anyone not able to register for the July bar? I was able to sign up as well....

For me when I go to registration it says there is one already approved or pending. however if you try to apply for the bar i think it allows you. it allowed me and then under verification it says "You do not have any previous enrollments that have not received grades." Can't read into it too much, the bar would never allow anything to leak beforehand

Before the website changed last time around, a classmate was able to see the bar requirement as "satisfied" a day or two before results, so you never know? Unless that's why they changed the website...

yea but if im not mistaken that page does not exist anymore? where you can see requirements satisfied, if it does correct me please.