Petition for Final Distribution

Cal. Super. - 2nd Dist.November 18, 2015

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:00:00 AM JUDICIAL OFFICER PRESIDING: Glen Reiser COUNTY OF VENTURA OXNARD DATE: 02/01/2017 DEPT: J6 CLERK: Jacqueline Flores REPORTER/ERM: Melissa Perez CASE NO: 56-2015-00474702-PR-LA-OXN CASE TITLE: In the Matter of Marjorie Hebert CASE CATEGORY: Probate CASE TYPE: Letters Of Administration EVENT TYPE: Petition for Final Distribution MOVING PARTY: Yasmin Hebert CAUSAL DOCUMENT/DATE FILED: Petition for Final Distribution, 12/19/2016 STOLO APPEARANCES STOLO Keira Hebert present CourtCall Stolo At 09:49 a.m., court convenes in this matter with all parties present as previously indicated. Attorney Guy Bayley appearing for Adminstrator Yasmin Hebert. Counsel have received and read the court's written tentative ruling. Matter submitted to the Court with argument. The Court finds/orders: The Court's tentative is adopted as the Court's ruling. At the time of her death on October 27, 2015, decedent was conserved in Los Angeles County, case number BP 109-009. The Los Angeles County Public Guardian's most recent accounting in the conservatorship appears to have been an approval through June 16, 2015. In anticipation of receipt of assets from the final conservatorship account, this probate was opened on December 30, 2015. The family now wishes to close the probate estate, except the Public Guardian has yet to petition for final account in Los Angeles. The final distribution petition in this case is premised upon "estimates" of assets (petition, at three), as administrative costs in the conservatorship have yet to be to calculated and ordered, and presumably none of the conservatorship assets have been distributed to this court's administrator in advance of the final conservatorship account. What does the Los Angeles County Public Guardian say as to why it is not seeking the final pre-death account for June 17, 2015-October 27, 2015, and thereafter retaining post-death estate assets for an additional 15 months ? Absent some impending petition, the administrator is directed to file a petition under §2620.2 in Los Angeles County to compel a final account in order to have that conservatorship estate closed and assets transferred to the administrator herein, with the appropriate professional fees paid therein to the Public Guardian and County Counsel in Los Angeles, conceivably subject to surcharge of interest at the legal rate for the inordinate delay in account. (Prob.C.§2401.3.) VEN-FNR-10.03 MINUTE ORDER DATE: 02/01/2017 Page 1 DEPT: J6 CASE TITLE: In the Matter of Marjorie Hebert CASE NO: 56-2015-00474702-PR-LA-OXN The scheduled hearing was continued on Court's own motion. Supplement to Final Account and Report to be served and filed on or before 05/03/17 by Administrator. Petition for Final Distribution continued to 05/10/2017 at 09:00 AM in department J6. On motion of Counsel Bayley Preliminary Distribution: Granted in the amount of $5000.00 each. Notice to be given by Counsel. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 02/01/2017 Page 2 DEPT: J6