A A A 
Tentative Ruling
Judge Timothy Staffel
Department 1 SM-Cook
312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369


Estate of Elizabeth Dunaway

Case No: 1377022
Hearing Date: Wed Sep 17, 2014 8:30

Nature of Proceedings: (1) First and Final Account etc. (2) OSC re Final Distribution

(1) First and Final Account etc.

Statutory compensation must include losses on the appraised value of the property. (Prob. Code section 10800(b); 10810(b).) The loss appears to be the difference between the amount expected to be distributed from the Estate of Byrum ($22,433.53) and that actually distributed ($5,617.58). Once the loss is accounted for, the statutory fee amounts to $224.70 ([$22,433.52 - $16,815.95] x 4%) . It is recommended that the court set the statutory fees of the personal representative and her attorney at $224.70 each.

It is further recommended that the court clarify the distribution. This estate is being distributed to intestate heirs. Petitioner proposes to distribute to decedent's three children and one grandchild, Mike Dunn, in equal shares. Pursuant to Prob. Code section 6402 and 240, the shares should be divided into as many equal shares as there are living members of the nearest generation then living and deceased members of that generation who leave issue then living. Mike Dunn would take if his parent is a deceased member of the same generation as the remaining three heirs. The court should clarify this for the record. 

Appearance is required unless there is no objection to the proposed statutory fee reduction and a supplement has been submitted clarifying distribution. If there is no objection, a new proposed order must be submitted.

(2) OSC re Final Distribution

It is recommended that this event be taken off-calendar.