Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am administrator of a probate case in California. I have…

Customer Question
Hello, I am administrator...

Hello, I am administrator of a probate case in California. I have already requested file for final distribution and was to have paid my brother's for their portion of the estate by the hearing on December 7th however I have been unable to obtain a loan because of credit problems. I need to write a status report re discharge review hearing according to the probate examiner and she says it's different from other status reports it's concise and straight to the point and needs to be turned in ahead of time. I told her I was going to do it on pleading paper and she says yes that's the way it's done. I don't know how to write it though. Have any suggestions?

Lawyer's Assistant: What state is this in? And when did the issue begin?

California and about two and a half years ago. I told the probate Examiner that because of credit problems related to having to pay for all of the estate Ally Financial responsibilities as the estate had no money in it on credit. Also, a year ago my son died and I was depressed and bills were paid late. I need to know how to form the pleading paper and put this in writing.

Lawyer's Assistant: What documents or supporting evidence do you have?

We are now in a loan process now that our credit score has improved and we have paid off some of our debts and the application has been approved verbally but not in writing yet. Addendum, we had a large amount of deaths already related to paying probate cost and having a drug-addicted son who needed treatment and related to motor vehicle accidents in a fire well he was alive and clean up after he died.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it

Submitted: 8 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 7 minutes by:
11/18/2017
Estate Lawyer: RayAnswers, Attorney replied 8 months ago
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,279
Experience: Texas lawyer for 30 years in Estate law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Ok
Estate Lawyer: RayAnswers, Attorney replied 8 months ago

Forms , you ask for more time under Item 6 and state how much time and why..

https://www.lacourt.org/forms/pdf/pro039.pdf

If you need more space here put "see attached page 2" under this Item 6 and set out all of your facts and need for more time

I appreciate the chance to help you today.Thanks and thanks for rating 5 stars.

If you can positive rate 5 stars it is much appreciated.

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Just to be clear this is a status report re discharge review hearing in a probate case
Estate Lawyer: RayAnswers, Attorney replied 8 months ago

File for extension, here is the final accounting you file afterwards, this gives you more time.

http://www.scscourt.org/forms_and_filing/forms/Sample_Petition_for_Final_Distribution.pdf

Ask Your Own Estate Law Question
Customer reply replied 8 months ago
Actually I wrote up a status report on pleading paper and I have a copy saved on my computer but I'm not sure it's right. I'm on my Android cell phone and wish I had contacted you on the computer so I could send you the status report I wrote for your opinion. Is there any way possible to do this? In other words is there a way to switch from my cell phone to my computer to continue or answering the questions.
Estate Lawyer: RayAnswers, Attorney replied 8 months ago
  1. A final account and petition for distribution can be filed by the Personal Representative when there are sufficient funds available to pay all debts and taxes, the time for filing creditors' claims has expired, and the estate is in a condition to be closed.

    The Personal Representative is required to file a petition for final distribution or a verified report on the status of the estate within one year after Letters are issued (or 18 months if a federal estate tax return is required).
  2. What must I do to close the estate?

    The Personal Representative must file a final account, report and petition for final distribution, have the petition set for hearing, give notice of the hearing to interested persons, and obtain a court order approving the final distribution.

    If the Personal Representative wants to receive compensation for his or her services, a petition for fees should also be included in the petition for final distribution.

    A final account does not have to be filed if all the persons entitled to distribution of the estate sign a written waiver of account or a written acknowledgment of receipt of their share of the estate.
  3. Does a status report need to be filed?

    If the estate cannot be closed within one year after issuance of Letters (or 18 months if the estate is required to file a federal estate tax return), the Personal Representative must file a verified report on the status of the estate.

    The status report must show the condition of the estate, the reasons why it cannot be closed and distributed (for example, if there is ongoing litigation, or an estate tax audit, or real property that must be sold to pay debts or cash gifts), and the estimated time needed to close the estate.

    The status report is set for hearing in the same manner as any other probate petition. A Notice of Hearing
    (Form DE-120, Judicial Council) must be sent to persons interested in the estate at least 15 days prior to the hearing.

    The Notice of Hearing must include the following statement in not less than 10-point boldface type in substantially the following words:

    You have the right to petition for an account under Section 10950 of the California Probate Code.

    At the hearing, the court may order that the estate may remain open for such time and on such conditions as the court finds reasonable if it is in the best interests of the estate and the beneficiaries, or the court may order the representative to file a petition for final distribution.

    If the representative does not file a status report, anyone interested in the estate may petition the court to obtain a status report, or the court on its own motion may require the report and cite the Personal Representative into court to comply.

    Failure of the Personal Representative to comply with the order is grounds to have his or her letters revoked, and the court may also reduce compensation if the time for administration exceeds one year (or 18 months if a federal estate tax return is required).

     

  4. How are fees determined for the personal representative and attorney?

    California law allows both a Personal Representative and the attorney for the Personal Representative to take a fee (referred to as a statutory fee) for ordinary services, calculated as a percentage of the appraised value of the estate property. The formula for calculating the fee is as follows, from Probate Code Section 10810:

    4% of the first one hundred thousand dollars ($100,000), plus
    3% of the next one hundred thousand dollars ($100,000), plus
    2% of the next eight hundred thousand dollars ($800,000), plus
    1% of the next nine million dollars ($9,000,000), plus
    ½ of 1% of the next fifteen million dollars ($15,000,000).

    For all amounts above twenty-five million dollars ($25,000,000), a reasonable amount to be determined by the court.

    If an accounting is filed, the fee base used to calculate the statutory fee also includes income received during administration, plus gains over the appraised value on assets sold during administration, minus any losses from the appraised value on assets sold during administration.

    Mortgages or other debt obligations are not considered in computing the fee base.

    Disbursements for debts or expenses are not factored into the calculation; neither are unrealized gains or losses (such as for securities that have increased or dropped in value since the date of death), but only if the property is actually sold.

    Statutory fees are set by statute and if requested, the Court has no discretion to reduce the amount of fees, unless the Personal Representative has unreasonably delayed the closing of the estate or may be surcharged (penalized) for other estate mismanagement. However, any fee paid to a Personal Representative must be reported on his or her personal income tax return as ordinary income, so the Personal Representative may choose not to take a fee if he or she will be receiving property from the estate as an inheritance (which is not counted as income to the beneficiary).

    Also, although the Personal Representative and the attorney for the estate are entitled to the statutory percentage as a fee, the Personal Representative can ask for an amount lower than the statutory percentage, and can also negotiate with the attorney for a reduced fee, particularly if the estate is uncomplicated and has only a few assets of high value (such as a home).

    However, any agreement between the Personal Representative and the attorney for higher compensation is void. An attorney who acts both as Personal Representative and as attorney may receive only one fee, unless the court approves the double payment in advance. This also applies to associates or partners of the attorney. Persons acting as co-executors must divide the fee among themselves.

    A court order is required before any fees can be paid to either the Personal Representative or the attorney. Reimbursement for expenses advanced by the Personal Representative or the attorney, such as for filing fees, certified copies, or publication costs, may be made without a court order.

    Additional compensation, known as an extraordinary fee, may also be paid to the Personal Representative and/or the attorney for the Personal Representative for extraordinary services in an amount that the court determines is just and reasonable.

    Some examples of the types of services that are considered extraordinary and for which extraordinary compensation may be awarded are:

    • Sales of real property, litigation of claims against the estate,
    • Litigation involving estate property, preparation of income and/or
    • Estate tax returns and representation before taxing authorities on audits connected with the returns, and will contests. In contrast with statutory fees, payment of extraordinary fees is not guaranteed, and the Court does have discretion to decide whether to allow extra compensation, even when services of an extraordinary nature are rendered.

      For example, the Court may consider that the statutory fee calculated on an estate where the only asset was the decedent's personal residence that was sold for $1 million is reasonable compensation (the statutory fee would be $21,150), even though the sale of real property is considered to be a type of service for which extraordinary compensation may be awarded.

     

  5. Do I have to prepare an accounting?

    The Personal Representative is required to file an accounting of the financial transactions that have occurred in the administration of the estate unless all persons entitled to distribution of the estate have signed a written waiver of account or a written acknowledgment that the person has received his or her share of the estate (e.g., a receipt on a preliminary distribution).

    A sample form of Waiver of Account is included in this website. If all distributees waive an account, the Personal Representative must still file a report, including the amount of compensation requested by the Personal Representative and/or the attorney and setting forth the basis for computing the fees.

     

  6. How do I prepare an accounting?

    All accounts filed with the court must include a financial statement and report of administration according to specific guidelines found at Probate Code sections 1060-1064 and 10900. The account must state the period covered and contain a summary, supported by detailed schedules, showing the following:
    • Property on hand at the beginning of the accounting period (i.e., the inventory value of all assets),
    • the value of assets received during the accounting period, excluding property listed in an inventory,
    • income receipts, excluding receipts from a trade or business,
    • net income from a trade or business,
    • gains on sales,
    • disbursements, excluding disbursements for a trade or business and excluding distribution to beneficiaries,
    • losses on sales,
    • net losses from a trade or business,
    • distributions to beneficiaries, and
    • property on hand at the end of the accounting period, listing each asset at its appraised value as shown on the inventory and appraisal (carry value), and its current market value.

    A sample Summary of Account form is included in this website.

    The financial statement may also include additional schedules required for information purposes under
    Probate Code sections 1061 and 1062, if applicable, such as:

    • A schedule showing the estimated market value of the assets on hand as of the end of the accounting period,
    • A schedule showing purchases or other changes in the form of assets during the period of the accounting (except for transfers of cash between accounts in financial institutions or money market mutual funds),
    • A schedule allocating receipts and disbursements between principal and income, if the estate is to be distributed to an income beneficiary,
    • A schedule listing income, disbursements and proceeds of sale attributable to specifically devised property,
    • A schedule showing the calculation of interest to be paid on specific cash gifts to a beneficiary, if required under Probate Code sections 12003, 12004, 12005 or 16314.
    • A schedule showing the proposed distribution of estate assets to beneficiaries, including an allocation between testamentary trusts established under the decedent's Will or subtrusts created under a revocable living trust established by the decedent during his or her lifetime, and
    • A schedule listing any liabilities, including loans which are secured by estate assets, obligations for taxes due but unpaid, notes payable by the estate, judgments for which the estate is liable, or any other material liability (but not liabilities which are recurring expenses such as rent or utility payments).
Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 8 months ago

If you will positive rate5 stars and give me your email we can do this offline and you can send it by email reply.Thanks

Ask Your Own Estate Law Question
Estate Lawyer: RayAnswers, Attorney replied 8 months ago
Ask Your Own Estate Law Question
Customer reply replied 8 months ago
I appreciate the form that you sent me but I already sent that status report. The chord examiner says it's not your typical status report like this but it's short, concise, and to the point. I need to know how to write an introduction and ask for what I want,a continuance
Customer reply replied 8 months ago
Court examiner told me to write a status report asking for a 4 months continuance
Estate Lawyer: RayAnswers, Attorney replied 8 months ago

I would use the form I gave you , you can re tittle it first amended status report and motion for continuance.Use it for form and type your own word document.There is not a perfect premade form for this I am giving you the best or nearest one I can.

If you want me to read your draft I will send you an offer to do so.

accept and be happy to read and comment.

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RayAnswers Your Own Question
RayAnswers
RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 48,279
48,279 Satisfied Customers
Experience: Texas lawyer for 30 years in Estate law

RayAnswers is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

48,279 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
Man and woman in California cohabited and have a 11-year old
Man and woman in California cohabited and have a 11-year old son. Last year, the woman, and her brother, inherited significant multi-generational money from her grandfather's estate, which was held in… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
We are trying to buy a parcel of land in the state of
we are trying to buy a parcel of land in the state of Arkansas, county Sharp. both named individuals on the warranty deed are deceased. it is a father and son. Father died years ago. Son died last Nov… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
Need an estate attorney with knowledge of probate procedures
Need an estate attorney with knowledge of probate procedures for Los Angles, California For why sanctions should not be imposed for failure to file petition for an order for final distribution and acc… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,279 satisfied customers
My father passed away 3 years ago and had no will or anything
my father passed away 3 years ago and had no will or anything on paper stating what was left of his possessions would go to which child. My father had worked with a guy for a few years before his deat… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
This is a tax/estate law question. My father passed away
This is a tax/estate law question. My father passed away on January 17, 2013. He had no will. He had no trust. He owned no real property. There was no probate. I am the only surviving heir - though I … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
48,279 satisfied customers
Im in California This question is for Socrateaser, who helped
I'm in California This question is for Socrateaser, who helped me several months ago. My mom's house is in probate. I have some matters to clear, but they're written in probate shorthand and I don't u… read more
socrateaser
socrateaser
1,452 satisfied customers
My son died last year in Nov at the age of 53. He was adopted
My son died last year in Nov at the age of 53. He was adopted by my aunt when he was 11 yrs of age. He was paralyzed from the neck down playing football @ the age of 17 and required constant care Dail… read more
Amber E.
Amber E.
Lawyer
Doctoral Degree
52 satisfied customers
My grandmother died in November. She lived in Texas. She
My grandmother died in November. She lived in Texas. She had 2 children. My father, her only son, died 9 years ago. My aunt, her only daughter, is still alive. After my father's death, my grandmother … read more
Estate Lawyer
Estate Lawyer
Attorney
Bachelor's Degree
164 satisfied customers
my son passed away with no will he had a tree removal business.
my son passed away with no will he had a tree removal business. i am divorced from his father 30 years ago. my ex-husband's son had a landscape business and, because i didn't know what to do with all … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My father died with a living trust placing my son as executor.
My father died with a living trust placing my son as executor. My mother is alive but has dementia. My siblings particularly my older brother from Arkansas say they have a right to see the assets and … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I live in Smyrna, Georgia and my Aunt wants to sell my grandfathers
I live in Smyrna, Georgia and my Aunt wants to sell my grandfather's house that is located in Smyrna also. My question is she does she need permission from her deceased brother's children to sell the … read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
My grandmother died and left her home in Washington, D.C. to
My grandmother died and left her home in Washington, D.C. to my uncle and me in equal shares. My uncle died and left his half to his 3 sons in shares of 1/2; 1/4, and 1/4 respectively. We renovated th… read more
lwpat
lwpat
Doctoral Degree
6,615 satisfied customers
My husband lives in his grandmothers house after she passed.
My husband lives in his grandmothers house after she passed. She had a 13 thousand loan owed when she passed and he paid it off. When she passed she didnt have a will but 9 alive children. My mother i… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
1,209 satisfied customers
My husband died 4 yrs ago and was the owner of an insurance
My husband died 4 yrs ago and was the owner of an insurance policy on my son who's still alive. I've been paying on the policy for the past 4 yrs and now I'm being informed that neither I or my son ha… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
common law hubby of 17 years died, intestate..all property
common law hubby of 17 years died, intestate..all property in both names other than one bank account($250) and a car worth $8000. (with a liability of $8000. registered against it). Deceased had credi… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
I asked this question almost 2yrs ago, and sorry to say that
I asked this question almost 2yrs ago, and sorry to say that I haven't done anything about it. My sister died in the state of California in 2007. She had no will, just a life insurance policy, no chil… read more
CALawyer
CALawyer
Attorney
Juris Doctor
1,622 satisfied customers
my brother has a home and only his name is on the title...he
my brother has a home and only his name is XXXXX XXXXX title...he has made me the executor of his will to handle his affairs in the event that he dies...he will be leaving me his home in his will...we… read more
N Cal Atty
N Cal Atty
JD
83 satisfied customers
ON JUNE THE 7th MY DAUGHTERS GRANDMOTHER DIED AND LEFT A WILL
ON JUNE THE 7th MY DAUGHTER'S GRANDMOTHER DIED AND LEFT A WILL DIVIDING HER ESTATE: 40% TO HER DAUGHTER (MY DAUGHTER'S MOTHER); 40% TO HER SON; 10% TO MY DAUGHTER; AND THE BALANCE TO THE OTHER SIBLING… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x