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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 113508
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Probate lawyer I just received Probate notes needed to be

Customer Question

Probate lawyer I just received Probate notes needed to be done prior to the upcoming final distribution hearing next month. There are two notes and a question that I need help on. The first note is: Item D: "Carry value of r/p of 250,882.06 set forth in
petn does not match carry value on corrected I&A filed 4/13/15 of 365,000 (carry value = D/D value) file supp to correct erroneous carry value alleged in petn supp.req." Let me point out that the original Petition for final distribution had a section called
Exhibit A Asset on Hand. It was stated that the net proceeds of the sale location and the Carry Value of $250,882.06. The Probate Referee did his final inventory and appraisal report and had a new value of $369.970 which includes the real property, jewelry,
cemetery lots and furniture. Should I use a supplement to correct the figures making sure they match? The second note: " Requires allegations relating to Prob C 1064(a)(1-5) supp req " I did managed to research this code. However, should I only reply on what
involves in my situation or should I fill out a form. Is there a blank form on this code where I could just fill in the blanks? My para legal just told to put in " The net proceeds from the sale of the family residence amounting to $250,882.06 is currently
in an interest bearing account with Citibank as per attached statement as of June 30, 2015 - EXHIBIT “F” Is this enough to satisfy this note? How to attach an exhibits on a supplement> Do I stamp the exhibit letter on the supporting documents when I do file
in court?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the probate referee issued notes with a mistake, you need to correct the amount based on the supplemental petition filed. Next to the correction put in parentheses why the correction was made (to match the subsequently filed supplemental notice of value).
2) Your second question you should reply to only what applies to your situation. You do not have to submit any response that does not apply to your case. You need to put in the CORRECT net proceeds.
3) The exhibits are just attached and in your report you file you refer to the exhibits on there and you just attach them to the pleading and mark each exhibit with the proper letter.
Customer: replied 1 year ago.
In regards ***** ***** answer on number 1, the note did stated that the "Carry Value of r/p of 250,882.06 set forth in petn does not match carry value on corrected I&A filed 4/13/15 of 365,000" In the supplement, do I correct the 250,882.06 to match the 365,000?
In regards ***** ***** answer on item 2, do I have to write down all the 1064 (a) 1 through 5 on the supplement and answer each of the questions asked?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In the supplement, you do need to correct the amount to indicate the correct amount.
You have to write down all of the ones that apply and answer those. If they do not apply, you list the number and "Not applicable" to let the court know you did not just forget to answer.