Petition for Final Distribution

Cal. Super. - 2nd Dist.June 10, 2015

123 Judge SUPERIOR COURT OF CALIFORNIA, TENTATIVE RULINGS EVENT DATE: EVENT TIME: OXNARD DIVISION January 17, 2016 01/20/2016 09:00:00 AM DEPT.: J6 COUNTY OF VENTURA JUDICIAL OFFICER: Glen Reiser CASE NUM: CASE CATEGORY: EVENT TYPE: CASE TITLE: CASE TYPE:Probate Letters Of Administration 56-2015-00468725-PR-LA-OXN IN THE MATTER OF NORA NUNEZ DURAN Petition for Final Distribution - Petition for Final Distribution on Waiver of Account, and for Approval of CAUSAL DOCUMENT/DATE FILED: Petition for Final Distribution, 12/10/2015 stolo Tentative Ruling by Judge Rebecca Riley All heirs waive a final account by the administrator. The Court approved the final report. The Court intends to approve $23,035 in statutory fees to Petitioner's counsel, after correcting an error in the petition's fee calculation. (Prob. C. § 10810(a)(3) and (4).) On a fee base of $1,003,500 ($998,500 I&A + $5,000 gain), Petitioner says the fees come to $23,070. Actually, the fees come to $23,035. Counsel has incorrectly calculated 2% of $803,500 (=$16,070) whereas the compensation formula requires 2% of the next $800,000 (=$16,000) and 1% of the next $9 million (1% of $3,500 = $35). (PC § 10810.) Petitioner waives her fees. The Court intends to approve $716.33 in cost reimbursement to counsel; approve $2,600 in closing reserve; and approve the proposed final distribution of the remaining estate consistent with the terms of the heirs' 11/27/15 written agreement. (Exh. G.) TENTATIVE RULINGS Page: 1