In the Guardianship of Raymundo G. Rodriguez, An Incapacitated Person--Appeal from Probate Court No 2 of Bexar County

MEMORANDUM OPINION
No. 04-06-00800-CV
IN RE GUARDIANSHIP OF Raymundo G. RODRIGUEZ
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2004-PC-2578
Honorable Tom Rickhoff, Judge Presiding

Opinion by: Alma L. L pez, Chief Justice

 

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

 

Delivered and Filed: July 18, 2007

 

AFFIRMED

 

Lynda D. Lazo appeals the probate court's order denying her application to establish community property. Although Lazo raises four issues in her brief, the only issue preserved for our review is whether the trial court erred in denying Lazo's application. (1) Tex. R. App. P. 33.1. The evidence presented to the probate court established that the property Lazo sought to have declared to be community property was sold over four years before the guardianship was established in the probate court. The "guardianship estate" consists of the real and personal property owned by the ward. Tex. Probate Code Ann. 601(9) (Vernon Supp. 2006). Because Lazo failed to produce any evidence that the property in question belonged to the ward at the time the guardianship was established, the probate court did not err in denying her application. (2) Although appellee has requested sanctions against Lazo for filing a frivolous appeal, we deny the request because the probate court instructed Lazo that she was "welcome to appeal" its ruling. The probate court's order is affirmed.

Alma L. L pez, Chief Justice

 

1. Other issues raised by Lazo in her brief do not pertain to the probate court's order denying Lazo's application to establish community property in which Lazo expressly requested the probate court to "enter an Order to establish that the property 10822 Wayward St, SAT purchased by Raymundo G. Rodriguez in 1987 is community property." Lazo's application does not raise any issues with regard to an accounting, and the probate court's order does not contain an award of attorney's fees.

2. We note that Lazo has made three other attempts to seek redress relating to the property at 10822 Wayward St., including: (1) a claim against the estate; (2) an application for payment of proceeds from the sale of community property relating to the sale of 10822 Wayward St.; and (3) an application for payment of proceeds from guardian bond. It does not appear from our record, however, that Lazo appealed the orders entered by the probate court denying the claim or the application seeking to trace the proceeds from the sale of 10822 Wayward St. into the guardianship estate.