Preview
1 Vanessa J. Sundin (SBN: 266102)
Azita Rahim (SBN: 337580) ELECTRONICALLY
2
JOHNSTON, KINNEY & ZULAICA LLP
101 Montgomery Street, Suite 1600
F I L E D
3 Superior Court of California,
San Francisco, California 94104 County of San Francisco
4 Telephone: (415) 693-0550 11/01/2021
Facsimile: (415) 693-0500 Clerk of the Court
BY: MICHAEL RAYRAY
5 Email: vanessa.sundin@jkzllp.com Deputy Clerk
6 DEPARTMENT: 204
Attorneys for Petitioner and Executor,
7 Scott R. Hodges Hearing: 01/10/2022 9:00 am
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN THE COUNTY OF SAN FRANCISCO
10
The Estate of: CASE NO: PES-20-303804
11
12 Patricia Rosemary Allen, also known as PETITION FOR ORDER APPROVING
Patricia R. Allen and Tricia R. Allen, ACTIONS TAKEN AFTER ORDER FOR
13 FINAL DISTRIBUTION
Deceased.
14 [LRSF §14.36(I)(6)(D)]
15 DATE:
16 TIME:
DEPT:
17
Petitioner, Scott R. Hodges, (“Petitioner”), as executor (“Executor”) of the estate (the “Estate”)
18
of Patricia Rosemary Allen, also known as Patricia R. Allen and Tricia R. Allen (“Decedent”), deceased,
19
hereby files his Petition for Order Approving Actions Taken After Order For Final Distribution (the
20
“Petition”) pursuant to the Local Rules of San Francisco Rule 14.36(I)(6)d, and alleges as follows:
21
1. Decedent died testate on February 19, 2020, in the County of San Francisco, State of
22
California, and was domiciled in that county at the time of her death.
23
2. On September 23, 2020, Decedent’s will dated February 13, 2020 (the “Will”) was
24
admitted to probate, and Petitioner was duly qualified and appointed as executor of the Estate with full
25
authority to administer the Estate without court supervision under the Independent Administration of
26
Estates Act. Letters Testamentary were issued on the same date. At all times since then, Petitioner has
27
been and now is the acting executor of the Estate.
28
-1-
PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION
1 3. The sole beneficiary of Decedent’s Will is Decedent’s trust, the Patricia R. Allen
2 Revocable Trust dated February 12, 2020 (the “Trust”).
3 4. On February 22, 2021, Petitioner filed his Petition for Final Distribution, First and Final
4 Report of Executor on Waiver of Account, Petition for Allowance of Reimbursement to Attorneys for
5 Costs and for Statutory Compensation to Executor and Attorneys; and Allowance of Creditor’s Claim
6 by Attorney (“Petition for Final Distribution”) in this matter. A true and correct copy of the Petition for
7 Final Distribution is attached hereto as Exhibit A and incorporated herein by reference.
8 5. The Petition for Final Distribution came on for hearing and was granted by the court on
9 June 7, 2021, and the Order for Final Distribution on Waiver of Account and Allowing Reimbursement
10 to Attorneys for Costs, Allowing Statutory Compensation to Executor and Attorneys, And Allowing
11 Creditor’s Claim by Attorney (the “Order”) was filed in this matter on the same date. A true and correct
12 copy of the Order is attached hereto as Exhibit B and incorporated herein by reference.
13 6. The Order directed Petitioner to distribute $193,419.92 in the form of cash to himself as
14 trustee of the Trust. Such distribution constituted the net remaining assets of the Estate.
15 7. However, between the date that the Petition for Final Distribution was filed, the Order
16 was issued, and the remaining funds of the Estate were distributed to Petitioner, as trustee of the Trust,
17 the Estate received the below-listed sums of money and Petitioner, as executor of the Estate, also
18 performed the below-described disbursements from the Estate for both the Estate’s and the Trust’s
19 benefit:
20
Beginning Cash Balance $193,419.92
21
22 RECEIPTS
Wells Fargo Checking Account No. xxxx4377
23 Date Description Amount
24 03/31/2021 Interest $3.35
04/30/2021 Interest $1.01
25 05/31/2021 Interest $0.79
26 06/30/2021 Interest $0.76
07/08/2021 Interest $0.12
27
Total $6.03
28
-2-
PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION
1 Wells Fargo Checking Account No. xxxx5674
Date Description Amount
2 02/28/2021 Interest $0.07
3 03/30/2021 Interest $0.06
04/09/2021 Escrow Account Refund $32.36
4
04/30/2021 Interest $0.39
5 05/31/2021 Interest $0.09
06/30/2021 Interest $0.05
6
07/08/2021 Interest $0.05
7 Total $33.07
8
Total Receipts $39.10
9
10 DISBURSEMENTS
Wells Fargo Checking Account No. xxxx5674
11 Date Payee Description Amount
12 Mortgage for the Trust’s condo
located at 900 Bush Street #518, San
13 Francisco, California, 94109 (the
14 02/02/2021 Shellpoint “Bush Street Mortgage”) $1,487.18
02/16/2021 DCM Creditor’s Claim for the Estate $250.00
15 03/01/2021 Shellpoint Bush Street Mortgage $1,487.18
16 04/05/2021 Shellpoint Bush Street Mortgage $1,323.86
04/09/021 US Treasury Federal Taxes - Estate $85,000.00
17 04/19/2021 State Taxes - Estate $20,000.00
FTB
18 05/03/2021 Shellpoint Bush Street Mortgage $1,323.86
05/14/2021 US Treasury Federal Taxes - Personal $5,700.00
19 05/14/2021 FTB State Taxes - Personal $2,800.00
20 Total Disbursements $119,372.08
21
Balance on Hand for Distribution $74,086.94
22
8. In accordance with the foregoing, Petitioner ultimately distributed $74,086.94 in the form
23
of cash from the Estate to himself as trustee of the Trust instead of the $193,419.92 that was directed for
24
distribution under the terms of the Order.
25
9. As the amount distributed from the Estate to the Trust is different than that which was
26
directed under the Order, the Court’s approval of the above-described transactions and modified
27
distribution amount are required under San Francisco Local Rules of Court Rule 14.36(I)(6)(d).
28
-3-
PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION
1 Accordingly, by this Petition, Petitioner requests that the Court approve of the actions described in this
2 Paragraph 5 of this Petition.
3 10. There have been no requests special notice is this matter.
4 11. Notice will be provided to all parties listed in Exhibit C and incorporated herein by
5 reference.
6
7 WHEREFORE, Petitioner prays for an order of this court that:
8 1. Approves Petitioner's actions as executor of the Estate as described in Paragraph 5 of this
9 Petition;
10 2. Approves of Petitioner's distribution of $74,086.94 in the fo1m of cash from the Estate to
11 the Trust as full satisfaction of the distribution directed to the Trust under the Order; and
12 .). For such further order as the Court may deem proper.
13
14 Respectfully submitted:
15 JOHNSTON, KINNEY & ZULAICA LLP
16
17
18
19 Dated: \Vt)\� ]A• l L,,o-W
mey for
20 itioner and Executor
21 4828-4841-4462, V.4
22
23
24
25
26
27
28
-4-
PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION
VERIFICATION
2 I. Scott R. Hodges. as petitioner and executor in this maller, declare that I have read the
3 foregoing Petition for Order Approving Actions Taken After Order For Final Distribution, and know
its contents, which are true of my own knowledge, except as to those matters stated on information and
4
belief, and as to those matters I am informed and believe them to be true.
5
I declare under penalty of perjury under the laws of the State of California that the foregoing is
6
true and correct, and that this declaration was executed at it{(:-1 t4,1-1 , California. on
7
IO ,
I2 t.J. . 2021.
8
9
10
c&;;-�/?--,
out Hodgs •
1
Petitioner
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 EXHIBIT A
2 Petition for Final Distribution
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT A
PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION
DEPARTMENT: 204
Hearing: 05/03/2021 9:00 am
ELECTRONICALLY
F I L E D
Superior Court of California,
County of San Francisco
02/22/2021
Clerk of the Court
BY: LESLIE GOMEZ
Deputy Clerk
1 admitted to probate on September 23, 2020. Petitioner was duly qualified and appointed as executor
2 of the Estate on September 23, 2020. Letters Testamentary were issued on September 23, 2020. At
3 all times since then, Petitioner has been and now is the executor of Decedent's Estate.
4 3. Authority Granted Under Independent Administration of Estates Act. On September
5 23, 2020, Petitioner was granted full authority by order of this court to administer the Estate without
6 court supervision under the Independent Administration of Estates Act. This authority has not been
7 revoked.
8 4. Bond. The Executor did not file a bond because the Will waives bond, and the Order
9 for Probate did not require a bond.
5. Notice of Petition to Administer Estate. Notice of Petition to Administer Estate was
11 published for the period and in the manner prescribed by law.
12 6. Notice to Public Entities Not Required. The Estate is not required to give notice to any
13 "public entity" described in California Probate Code Section 9201.
14 7. Notice to Director of the Department of Health Care Services. Notice of this proceeding
15 with a copy of Decedent's death certificate was provided to the Director of the Department of Health
16 Care Services pursuant to California Probate Code Sections 215 and 9202(a). A response from the
17 Director of the Department of Health Care Services that the department would not file a claim in this
18 proceeding was received on or about November 3, 2020, and a copy is attached hereto and incorporated
19 herein by reference as Exhibit A.
20 8. Notice to Director of the California Victim Compensation and Government Claims
21 Board. Notice to the Director of the California Victim Compensation and Government Claims Board
22 pursuant to California Probate Code Sections 216 and 9202(b) is not required in this matter, because
23 no heir or beneficiary of Decedent is or has been previously confined in a prison or facility under the
24 jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail,
25 road camp, industrial farm, or other local correctional facility.
26 9. Notice to the California Franchise Tax Board. Pursuant to Probate Code Section
27 9202(c)(l), notice of the administration of the Estate was given to the California Franchise Tax Board
28 on September 29, 2020. A response from the Franchise Tax Board confirming that it received notice
-2-
PETITION FOR FINAL DISTRlBUTION
1 and the current balance of Decedent's account is $0.00 was received on or about January 12, 2021. A
2 true and complete copy of the Franchise Tax Board's response is attached as Exhibit B, attached hereto
3 and incorporated herein by reference.
4 10. Notice to Assessor-Recorder. Decedent held no real property at time of death that is
5 subject to probate administration in California. Nevertheless, notice to the County Assessor of San
6 Francisco has been filed pursuant to California Revenue and Taxation Code Section 480(b), because
7 Decedent held title to real property located in San Francisco County that was transferred to Decedent's
8 trust, the Patricia R. Allen Revocable Trust dated February 12, 2020 (the "Trust").
9 11. Request for Special Notice. There have been no requests special notice is this matter.
10 12. Inventory and Appraisal. Petitioner will file the below-listed inventory and appraisal
11 in this matter showing a total Estate value of $219,199.21 as of Decedent's date of death:
12
13 Description Date Filed Amount
Final To be filed $219,199.21
14 TOTAL $219,199.21
15
Petitioner alleges that said inventory and appraisal totaling $219,199.21 list all the assets of
16
the Estate that are within Petitioner's knowledge or have come into Petitioner's possession.
17
13. Character of Estate Property. The Estate consists entirely of the separate property of
18
Decedent.
19
14. Waiver of Accounting. Scott R. Hodges, as trustee of Decedent's Trust, who is the
20
only party entitled to distribution of all of the Estate by his signature on this Petition, waives the filing
21
and settlement of a final account by Petitioner as executor of the Will.
22
15. Compensation Paid During Administration of Estate. No compensation has been paid
23
to Petitioner or to Petitioner's attorneys during the administration of the Estate.
24
16. Disclosure of Family or Affiliate Relationship. Petitioner has not hired any person who
25
or entity that has a relationship to Petitioner or to Petitioner's attorneys, Johnston, Kinney & Zulaica
26
LLP, during the administration of the Estate.
27
17. Investment of Cash. Petitioner has kept all cash of the Estate in interest-bearing
28
-3-
PETITION FOR FINAL DISTRIBUTION
1 accounts or other investments authorized by law, except amounts needed to administer the Estate.
2 18. Change in Form of Assets. No changes in the form of assets occurred other than those
3 described in Paragraph 20, below.
4 19. Sale of Assets. Petitioner performed no sales of assets other than those described in
5 Paragraph 20, below.
6 20. Independent Actions Taken Without Notice of Proposed Action. Petitioner took the
7 following actions without court supervision and without first sending notice of proposed action:
8 a. Petitioner sold the following shares of stock that were held in the Decedent’s IRA
9 pursuant to Probate Code Section 10537(a) and no notice was required pursuant to
10 Probate Code Section 10537(b):
11 Asset Shares Sale Date Unit Total Sale DOD Total
Sale Price Value Gain/Loss
12 Price
Fidelity
13 Balanced 1408.279 11/17/2020 $27.39 $38,572.76 $36,361.76 $2,211.00
Symbol:
14 BALX
15 Cusip Number:
316345206
16
Flagstar BK
17 FSB Troymich 40,000 11/18/2020 $101,486 $40,599.99 $40,032.94 $567.05
CD 1.70000%
18 11/15/2021
19 Cusip Number:
33847E2X4
20
Live Oak BKG
25,000 11/18/2020 $102,335 $25,603.54 $25,036.84 $566.70
21 Co NC CD
1.70000%
22 11/08/2022
Cusip Number:
23
538036GL2
24
NBT BK NA
Norwich 35,000 11/18/2020 $100,821 $35,538.92 $35,008.33 $530.59
25
NYCD
26 1.65000%
06/14/2021
27
Cusip Number:
28 628779GH7
-4-
PETITION FOR FINAL DISTRIBUTION
1 Texas Cap BK
N A Dallas Tex 45,000 11/12/2020 $45,000 $45,027.14 ($27.14)
2 CD 1.70000%
11/12/2020
3 Cusip Number:
88224PLH0
4
Wells Fargo
5 15,000 11/18/2020 $100.93 $15,147.72 $15,149.09
Bank Natl Assn ($1.37)
6 CD 2.50000%
04/12/2021
7 Cusip Number:
949763ZC3
8
9
TOTAL GAIN $3,846.83
10
21. Independent Actions Taken with Notice of Proposed Action. Petitioner did not take
11
any actions without court supervision and with first sending notice of proposed action.
12
22. Notice to Creditors: Time for Filing Creditor’s Claim. Notice to creditors was given
13
as required by law. Petitioner made a diligent search for all known and reasonably ascertainable
14
creditors, each of whom received the Notice of Administration of the Estate required by California
15
Probate Code Section 9052 or are within the class of creditors described in California Probate Code
16
Section 9054. Notice of the commencement of the Estate’s administration was duly given to all of
17
Decedent’s known and reasonable ascertainable creditors. The time for filing creditor’s claims expired
18
on January 23, 2021. Petitioner did not acquire knowledge of any additional creditors within the last
19
thirty (30) days of the creditor’s claim period.
20
23. No Debts Paid Without Creditors’ Claims. No creditors have been paid, except those
21
creditors who have properly filed and served formal claims against the Estate.
22
24. Creditors’ Claims. The following claims were filed with this Court, served on the
23
Estate, negotiated, and paid or not yet paid:
24
25 Name of Creditor Date Filed Amount of Disposition Amount Paid
Claim
26 DCM Services on 12/28/2020 $276.06 Settled and $ 250.00
behalf of Discover Satisfied
27
Bank
28
-5-
PETITION FOR FINAL DISTRIBUTION
1 Johnston, Kinney 11/16/2020 $7,116.00 Not yet paid
& Zulaica LLP
2
3 25. Rejected Creditors’ Claims. There are no rejected claims.
4 26. Other Claims. No other claims have been filed with the Court, except for the claims
5 described in this Petition. The Estate is solvent.
6 27. Federal Estate Tax. No federal estate tax return was or will be filed, because the value
7 of the Estate is insufficient to require an estate tax return, and no estate taxes are due.
8 28. Income Taxes. All California and federal income taxes due and payable by the Estate
9 have been paid or are adequately secured.
10 29. Personal Property Taxes. No personal property taxes are due or payable by the Estate.
11 30. Reimbursement for Costs Advanced. Including the court filing fee for this Petition,
12 Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, has advanced funds in the amount of
13 $1,439.60 to pay costs for the benefit of the Estate, for which Johnston, Kinney & Zulaica LLP has
14 not received reimbursement from Petitioner. A complete listing of the costs for which Johnston,
15 Kinney & Zulaica LLP should be reimbursed in the amount of $1,439.60 is described in Exhibit C,
16 which is attached hereto and incorporated herein by reference.
17 31. Petitioner’s Statutory Compensation for Ordinary Services. Petitioner has rendered
18 valuable ordinary services to the Estate for which statutory compensation is allowed by Probate Code
19 Section 10810. The statutory compensation for ordinary services in this matter is $7,460.92 as
20 calculated as set forth in Exhibit D, which is attached hereto and incorporated herein. Petitioner
21 should be authorized and directed to pay himself the statutory compensation due to him in the amount
22 of $7,460.92.
23 32. Attorney’s Statutory Compensation for Ordinary Services. Petitioner’s attorneys,
24 Johnston, Kinney & Zulaica LLP, have rendered valuable ordinary services to the Estate for which
25 statutory compensation is allowed by Probate Code Section 10810. The statutory compensation for
26 ordinary services in this matter is $7,460.92 as calculated as set forth in Exhibit D, which is attached
27 hereto and incoiporated herein. Petitioner should be authorized and directed to pay Johnston, Kinney
28 & Zulaica LLP the statutory compensation due to them in the amount of $7,460.92.
-6-
PETITION FOR FINAL DISTRIBUTION
1 33. Estate in Condition to Be Closed. More than four (4) months have elapsed since the
2 issuance of Letters Testamentary. Notice of administration was given to creditors as required by law.
3 The time for filing and serving creditor's claims has expired. Petitioner has performed all required
4 duties as executor of the Estate. The Estate is solvent. All debts of Decedent and all expenses of
5 administration, including filing fees, publication fees, and probate referee’s fees, have been paid,
6 except the monies to be reimbursed to Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, for
7 costs advanced, and statutory compensation to Petitioner and Petitioner’s attorneys, Johnston, Kinney
8 & Zulaica LLP. The Estate is in a condition to be closed.
9 34. Estate Assets on Hand. As of January 31, 2021, the total value of the Estate is
10 $216,897.36, all of which is held in cash in the below-listed accounts:
11
Type Description Value
12 Cash Wells Fargo Checking Account No. xxxx5674 $10,026.02
Cash Wells Fargo Savings Account No. xxxx4377 $206,871.34
13
14 TOTAL $216,897.36
15 35. No Reserve. Petitioner, as trustee of Decedent’s Trust, who is the sole beneficiary of
16 the Estate, should be authorized and directed to pay out of the Trust corpus all expenses of the Estate.
17 Accordingly, Petitioner does not request authorization to withhold a reserve from distribution.
18 36. Beneficiary of the Estate. The sole beneficiary of Decedent’s Will is Decedent’s Trust.
19 Section 2.2 of the Trust appoints Petitioner as successor trustee of the Trust (“Trustee”). Petitioner
20 executed a written Acceptance of Trust and Agreement to Serve as Trustee of Decedent’s Trust, a true
21 and complete copy of which is attached hereto as Exhibit E and incorporated herein by reference.
22 Petitioner’s address is 584 Castro Street, #346, San Francisco, CA 94118.
23 37. Beneficiaries of the Trust. The names and addresses of the beneficiaries named in the
24 Trust (“Trust Beneficiaries”) are as follows:
25
Name Relationship to Age Address
26 Decedent
John Allen Brother Adult 4/154 Mona Vale Road
27
St Ives NSW 2075
28 Australia
-7-
PETITION FOR FINAL DISTRIBUTION
Margaret Sister Adult 7/137 McKean St
1
Krishnapillai North Fitzroy VIC 3068
2 Australia
Harry Allen Brother Adult 32 Campbell Road
3 Maraetai, Auckland 2018
New Zealand
4
Kerrie Jeffs Niece Adult 78 South Creek Road
5 Dee Why NSW 2099
Australia
6 Craig Allen Nephew Adult 4/154 Mona Vale Road
St Ives NSW 2075
7 Australia
Jeanine Niece Adult 8411 Golden Bear Place
8
Messeguer Whistler, BC V8E 1J7
9 Canada
Sean Allen Nephew Adult 115 A Seaforth Crescent
10 Seaforth NSW 2092
Australia
11 Mamie Niece Adult 5 Athene Place
12 Stanbrook Collaroy Plateau, NSW 2097
Australia
13 Michael Allen Nephew Adult 24 Martin St
Regentville NSW 2745
14 Australia
Kathie Flett Niece Adult 33/41 Roseberry St
15
Manly Vale NSW 2093
16 Australia
Mahendra Nephew Adult 7 Pine Avenue
17 Krishnapillai Elwood VIC 3184
Australia
18 Rohini Niece Adult 136 Edward Street
19 Krishnapillai Brunswick VIC 3056
Australia
20 Sarojini Niece Adult 25 Willowbank Road
Krishnapillai North Fitzroy VIC 3068
21 Australia
Meredith Anne Niece Adult 3 Gilruth Street
22
Doron Jane Hackett, ACT, 2602
23 Elizabeth Barrett Australia
Jane Elizabeth Niece Adult 328 Glengarry Road
24 Barrett Glen Eden, Auckland, 0602
New Zealand
25
26 38. Assignment of Beneficial Interest. No assignments of beneficial interests in the Estate
27 have been made.
28 39. Distribution to Agent under Durable Power of Attorney. No distribution is to be made
-8-
PETITION FOR FINAL DISTRIBUTION
1 to an agent under a durable power of attorney for any beneficiary.
2 40. Advance Distributions. No advance distributions have been made.
3 41. Assets Available for Distribution. The total value of the remaining asset on hand after
4 the monies to be reimbursed to Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, for costs
5 advanced, statutory compensation and statutory and extraordinary compensation to Petitioner’s
6 attorneys, Johnston, Kinney & Zulaica LLP, and Creditor’s Claim payable to Johnston, Kinney &
7 Zulaica LLP, is $193,419.92 which is calculated as follows:
8 Description Value
Total Assets on Hand $216,897.36
9 Reimbursement of Costs Advanced (Including filing of this Petition): $1,439.60
Statutory Compensation to Petitioner $7,460.92
10
Statutory Compensation to Petitioner’s attorneys, Johnston, Kinney & Zulaica $7,460.92
11 LLP:
Creditor’s Claim payable to Johnston, Kinney & Zulaica LLP $7,116.00
12 TOTAL AVAILABLE FOR DISTRIBUTION $193,419.92
13
42. Proposed Distribution. Decedent died testate. By the terms of Decedent’s will dated
14
February 13, 2020, the Estate in the possession of Petitioner remaining for distribution should be
15
distributed as follows:
16 Distributee Description Value
Scott R. Hodges, Trustee of Decedent’s Trust Cash $193,419.92
17
TOTAL $193,419.92
18
19 43. Omnibus Clause. Any other property of Decedent or the Estate not now known or
20 discovered that may belong to the Estate or in which Decedent or the Estate may have any interest
21 should be distributed to Scott R. Hodges, Trustee of Decedent’s Trust as sole beneficiary of the Estate,
22 without further court order.
23 WHEREFORE, Petitioner prays for an order of this court that:
24 1. The administration of this Estate be brought to a close without the requirement of an
25 accounting;
26 2. All acts of Petitioner as set forth in the Petition be allowed and approved;
27 3. Petitioner be authorized and directed to reimburse his attorneys, Johnston, Kinney &
28 Zulaica LLP, $1,439.60 for costs advanced, including costs to file this Petition;
-9-
PETITION FOR FINAL DISTRIBUTION
1 4. Petitioner be authorized and directed to pay himself, $7,460.92 as the statutory
2 compensation to which he is entitled;
3 5. Petitioner be authorized and directed to pay his attorneys, Johnston, Kinney & Zulaica
4 LLP, $7,460.92 as the statutory compensation to which they are entitled;
5 6. Petitioner be authorized to pay Johnston, Kinney & Zulaica LLP, $7,116.00, for the
6 Creditor’s Claim filed on November 16, 2020;
7 7. Petitioner, as trustee of Decedent’s Trust, be authorized and directed to pay out of the
8 Trust coipus in his hands any and all expenses of the Estate;
9 8. The assets of the Estate, after the monies to be reimbursed to Petitioner’s attorneys,
10 Johnston, Kinney & Zulaica LLP, for costs advanced, and statutory compensation to Petitioner and
11 Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, shall be distributed as follows:
12 Distributee Description Value
Scott R. Hodges, Trustee of Decedent’s Trust Cash $193,419.92
13
TOTAL $ 193,419.92
14
44. Distribution of any other property of Decedent or the Estate not now known or
15
16 discovered that may belong to the Estate or in which Decedent or the Estate may have any interest
17 shall be made to Scott R. Hodges, Trustee of Decedent’s Trust as sole beneficiary of the Estate, without
18 further court order; and
19 9. For such further order as the Court may deem proper.
20 Respectfully submitted:
21
Preview
1 Vanessa J. Sundin (SBN: 266102) Azita Rahim (SBN: 337580) ELECTRONICALLY 2 JOHNSTON, KINNEY & ZULAICA LLP 101 Montgomery Street, Suite 1600 F I L E D 3 Superior Court of California, San Francisco, California 94104 County of San Francisco 4 Telephone: (415) 693-0550 11/01/2021 Facsimile: (415) 693-0500 Clerk of the Court BY: MICHAEL RAYRAY 5 Email: vanessa.sundin@jkzllp.com Deputy Clerk 6 DEPARTMENT: 204 Attorneys for Petitioner and Executor, 7 Scott R. Hodges Hearing: 01/10/2022 9:00 am 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN THE COUNTY OF SAN FRANCISCO 10 The Estate of: CASE NO: PES-20-303804 11 12 Patricia Rosemary Allen, also known as PETITION FOR ORDER APPROVING Patricia R. Allen and Tricia R. Allen, ACTIONS TAKEN AFTER ORDER FOR 13 FINAL DISTRIBUTION Deceased. 14 [LRSF §14.36(I)(6)(D)] 15 DATE: 16 TIME: DEPT: 17 Petitioner, Scott R. Hodges, (“Petitioner”), as executor (“Executor”) of the estate (the “Estate”) 18 of Patricia Rosemary Allen, also known as Patricia R. Allen and Tricia R. Allen (“Decedent”), deceased, 19 hereby files his Petition for Order Approving Actions Taken After Order For Final Distribution (the 20 “Petition”) pursuant to the Local Rules of San Francisco Rule 14.36(I)(6)d, and alleges as follows: 21 1. Decedent died testate on February 19, 2020, in the County of San Francisco, State of 22 California, and was domiciled in that county at the time of her death. 23 2. On September 23, 2020, Decedent’s will dated February 13, 2020 (the “Will”) was 24 admitted to probate, and Petitioner was duly qualified and appointed as executor of the Estate with full 25 authority to administer the Estate without court supervision under the Independent Administration of 26 Estates Act. Letters Testamentary were issued on the same date. At all times since then, Petitioner has 27 been and now is the acting executor of the Estate. 28 -1- PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION 1 3. The sole beneficiary of Decedent’s Will is Decedent’s trust, the Patricia R. Allen 2 Revocable Trust dated February 12, 2020 (the “Trust”). 3 4. On February 22, 2021, Petitioner filed his Petition for Final Distribution, First and Final 4 Report of Executor on Waiver of Account, Petition for Allowance of Reimbursement to Attorneys for 5 Costs and for Statutory Compensation to Executor and Attorneys; and Allowance of Creditor’s Claim 6 by Attorney (“Petition for Final Distribution”) in this matter. A true and correct copy of the Petition for 7 Final Distribution is attached hereto as Exhibit A and incorporated herein by reference. 8 5. The Petition for Final Distribution came on for hearing and was granted by the court on 9 June 7, 2021, and the Order for Final Distribution on Waiver of Account and Allowing Reimbursement 10 to Attorneys for Costs, Allowing Statutory Compensation to Executor and Attorneys, And Allowing 11 Creditor’s Claim by Attorney (the “Order”) was filed in this matter on the same date. A true and correct 12 copy of the Order is attached hereto as Exhibit B and incorporated herein by reference. 13 6. The Order directed Petitioner to distribute $193,419.92 in the form of cash to himself as 14 trustee of the Trust. Such distribution constituted the net remaining assets of the Estate. 15 7. However, between the date that the Petition for Final Distribution was filed, the Order 16 was issued, and the remaining funds of the Estate were distributed to Petitioner, as trustee of the Trust, 17 the Estate received the below-listed sums of money and Petitioner, as executor of the Estate, also 18 performed the below-described disbursements from the Estate for both the Estate’s and the Trust’s 19 benefit: 20 Beginning Cash Balance $193,419.92 21 22 RECEIPTS Wells Fargo Checking Account No. xxxx4377 23 Date Description Amount 24 03/31/2021 Interest $3.35 04/30/2021 Interest $1.01 25 05/31/2021 Interest $0.79 26 06/30/2021 Interest $0.76 07/08/2021 Interest $0.12 27 Total $6.03 28 -2- PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION 1 Wells Fargo Checking Account No. xxxx5674 Date Description Amount 2 02/28/2021 Interest $0.07 3 03/30/2021 Interest $0.06 04/09/2021 Escrow Account Refund $32.36 4 04/30/2021 Interest $0.39 5 05/31/2021 Interest $0.09 06/30/2021 Interest $0.05 6 07/08/2021 Interest $0.05 7 Total $33.07 8 Total Receipts $39.10 9 10 DISBURSEMENTS Wells Fargo Checking Account No. xxxx5674 11 Date Payee Description Amount 12 Mortgage for the Trust’s condo located at 900 Bush Street #518, San 13 Francisco, California, 94109 (the 14 02/02/2021 Shellpoint “Bush Street Mortgage”) $1,487.18 02/16/2021 DCM Creditor’s Claim for the Estate $250.00 15 03/01/2021 Shellpoint Bush Street Mortgage $1,487.18 16 04/05/2021 Shellpoint Bush Street Mortgage $1,323.86 04/09/021 US Treasury Federal Taxes - Estate $85,000.00 17 04/19/2021 State Taxes - Estate $20,000.00 FTB 18 05/03/2021 Shellpoint Bush Street Mortgage $1,323.86 05/14/2021 US Treasury Federal Taxes - Personal $5,700.00 19 05/14/2021 FTB State Taxes - Personal $2,800.00 20 Total Disbursements $119,372.08 21 Balance on Hand for Distribution $74,086.94 22 8. In accordance with the foregoing, Petitioner ultimately distributed $74,086.94 in the form 23 of cash from the Estate to himself as trustee of the Trust instead of the $193,419.92 that was directed for 24 distribution under the terms of the Order. 25 9. As the amount distributed from the Estate to the Trust is different than that which was 26 directed under the Order, the Court’s approval of the above-described transactions and modified 27 distribution amount are required under San Francisco Local Rules of Court Rule 14.36(I)(6)(d). 28 -3- PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION 1 Accordingly, by this Petition, Petitioner requests that the Court approve of the actions described in this 2 Paragraph 5 of this Petition. 3 10. There have been no requests special notice is this matter. 4 11. Notice will be provided to all parties listed in Exhibit C and incorporated herein by 5 reference. 6 7 WHEREFORE, Petitioner prays for an order of this court that: 8 1. Approves Petitioner's actions as executor of the Estate as described in Paragraph 5 of this 9 Petition; 10 2. Approves of Petitioner's distribution of $74,086.94 in the fo1m of cash from the Estate to 11 the Trust as full satisfaction of the distribution directed to the Trust under the Order; and 12 .). For such further order as the Court may deem proper. 13 14 Respectfully submitted: 15 JOHNSTON, KINNEY & ZULAICA LLP 16 17 18 19 Dated: \Vt)\� ]A• l L,,o-W mey for 20 itioner and Executor 21 4828-4841-4462, V.4 22 23 24 25 26 27 28 -4- PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION VERIFICATION 2 I. Scott R. Hodges. as petitioner and executor in this maller, declare that I have read the 3 foregoing Petition for Order Approving Actions Taken After Order For Final Distribution, and know its contents, which are true of my own knowledge, except as to those matters stated on information and 4 belief, and as to those matters I am informed and believe them to be true. 5 I declare under penalty of perjury under the laws of the State of California that the foregoing is 6 true and correct, and that this declaration was executed at it{(:-1 t4,1-1 , California. on 7 IO , I2 t.J. . 2021. 8 9 10 c&;;-�/?--, out Hodgs • 1 Petitioner 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT A 2 Petition for Final Distribution 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A PETITION FOR ORDER APPROVIING ACTIONS TAKEN AFTER ORDER FOR FINAL DISTRIBTUION DEPARTMENT: 204 Hearing: 05/03/2021 9:00 am ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 02/22/2021 Clerk of the Court BY: LESLIE GOMEZ Deputy Clerk 1 admitted to probate on September 23, 2020. Petitioner was duly qualified and appointed as executor 2 of the Estate on September 23, 2020. Letters Testamentary were issued on September 23, 2020. At 3 all times since then, Petitioner has been and now is the executor of Decedent's Estate. 4 3. Authority Granted Under Independent Administration of Estates Act. On September 5 23, 2020, Petitioner was granted full authority by order of this court to administer the Estate without 6 court supervision under the Independent Administration of Estates Act. This authority has not been 7 revoked. 8 4. Bond. The Executor did not file a bond because the Will waives bond, and the Order 9 for Probate did not require a bond. 5. Notice of Petition to Administer Estate. Notice of Petition to Administer Estate was 11 published for the period and in the manner prescribed by law. 12 6. Notice to Public Entities Not Required. The Estate is not required to give notice to any 13 "public entity" described in California Probate Code Section 9201. 14 7. Notice to Director of the Department of Health Care Services. Notice of this proceeding 15 with a copy of Decedent's death certificate was provided to the Director of the Department of Health 16 Care Services pursuant to California Probate Code Sections 215 and 9202(a). A response from the 17 Director of the Department of Health Care Services that the department would not file a claim in this 18 proceeding was received on or about November 3, 2020, and a copy is attached hereto and incorporated 19 herein by reference as Exhibit A. 20 8. Notice to Director of the California Victim Compensation and Government Claims 21 Board. Notice to the Director of the California Victim Compensation and Government Claims Board 22 pursuant to California Probate Code Sections 216 and 9202(b) is not required in this matter, because 23 no heir or beneficiary of Decedent is or has been previously confined in a prison or facility under the 24 jurisdiction of the Department of Corrections and Rehabilitation or confined in any county or city jail, 25 road camp, industrial farm, or other local correctional facility. 26 9. Notice to the California Franchise Tax Board. Pursuant to Probate Code Section 27 9202(c)(l), notice of the administration of the Estate was given to the California Franchise Tax Board 28 on September 29, 2020. A response from the Franchise Tax Board confirming that it received notice -2- PETITION FOR FINAL DISTRlBUTION 1 and the current balance of Decedent's account is $0.00 was received on or about January 12, 2021. A 2 true and complete copy of the Franchise Tax Board's response is attached as Exhibit B, attached hereto 3 and incorporated herein by reference. 4 10. Notice to Assessor-Recorder. Decedent held no real property at time of death that is 5 subject to probate administration in California. Nevertheless, notice to the County Assessor of San 6 Francisco has been filed pursuant to California Revenue and Taxation Code Section 480(b), because 7 Decedent held title to real property located in San Francisco County that was transferred to Decedent's 8 trust, the Patricia R. Allen Revocable Trust dated February 12, 2020 (the "Trust"). 9 11. Request for Special Notice. There have been no requests special notice is this matter. 10 12. Inventory and Appraisal. Petitioner will file the below-listed inventory and appraisal 11 in this matter showing a total Estate value of $219,199.21 as of Decedent's date of death: 12 13 Description Date Filed Amount Final To be filed $219,199.21 14 TOTAL $219,199.21 15 Petitioner alleges that said inventory and appraisal totaling $219,199.21 list all the assets of 16 the Estate that are within Petitioner's knowledge or have come into Petitioner's possession. 17 13. Character of Estate Property. The Estate consists entirely of the separate property of 18 Decedent. 19 14. Waiver of Accounting. Scott R. Hodges, as trustee of Decedent's Trust, who is the 20 only party entitled to distribution of all of the Estate by his signature on this Petition, waives the filing 21 and settlement of a final account by Petitioner as executor of the Will. 22 15. Compensation Paid During Administration of Estate. No compensation has been paid 23 to Petitioner or to Petitioner's attorneys during the administration of the Estate. 24 16. Disclosure of Family or Affiliate Relationship. Petitioner has not hired any person who 25 or entity that has a relationship to Petitioner or to Petitioner's attorneys, Johnston, Kinney & Zulaica 26 LLP, during the administration of the Estate. 27 17. Investment of Cash. Petitioner has kept all cash of the Estate in interest-bearing 28 -3- PETITION FOR FINAL DISTRIBUTION 1 accounts or other investments authorized by law, except amounts needed to administer the Estate. 2 18. Change in Form of Assets. No changes in the form of assets occurred other than those 3 described in Paragraph 20, below. 4 19. Sale of Assets. Petitioner performed no sales of assets other than those described in 5 Paragraph 20, below. 6 20. Independent Actions Taken Without Notice of Proposed Action. Petitioner took the 7 following actions without court supervision and without first sending notice of proposed action: 8 a. Petitioner sold the following shares of stock that were held in the Decedent’s IRA 9 pursuant to Probate Code Section 10537(a) and no notice was required pursuant to 10 Probate Code Section 10537(b): 11 Asset Shares Sale Date Unit Total Sale DOD Total Sale Price Value Gain/Loss 12 Price Fidelity 13 Balanced 1408.279 11/17/2020 $27.39 $38,572.76 $36,361.76 $2,211.00 Symbol: 14 BALX 15 Cusip Number: 316345206 16 Flagstar BK 17 FSB Troymich 40,000 11/18/2020 $101,486 $40,599.99 $40,032.94 $567.05 CD 1.70000% 18 11/15/2021 19 Cusip Number: 33847E2X4 20 Live Oak BKG 25,000 11/18/2020 $102,335 $25,603.54 $25,036.84 $566.70 21 Co NC CD 1.70000% 22 11/08/2022 Cusip Number: 23 538036GL2 24 NBT BK NA Norwich 35,000 11/18/2020 $100,821 $35,538.92 $35,008.33 $530.59 25 NYCD 26 1.65000% 06/14/2021 27 Cusip Number: 28 628779GH7 -4- PETITION FOR FINAL DISTRIBUTION 1 Texas Cap BK N A Dallas Tex 45,000 11/12/2020 $45,000 $45,027.14 ($27.14) 2 CD 1.70000% 11/12/2020 3 Cusip Number: 88224PLH0 4 Wells Fargo 5 15,000 11/18/2020 $100.93 $15,147.72 $15,149.09 Bank Natl Assn ($1.37) 6 CD 2.50000% 04/12/2021 7 Cusip Number: 949763ZC3 8 9 TOTAL GAIN $3,846.83 10 21. Independent Actions Taken with Notice of Proposed Action. Petitioner did not take 11 any actions without court supervision and with first sending notice of proposed action. 12 22. Notice to Creditors: Time for Filing Creditor’s Claim. Notice to creditors was given 13 as required by law. Petitioner made a diligent search for all known and reasonably ascertainable 14 creditors, each of whom received the Notice of Administration of the Estate required by California 15 Probate Code Section 9052 or are within the class of creditors described in California Probate Code 16 Section 9054. Notice of the commencement of the Estate’s administration was duly given to all of 17 Decedent’s known and reasonable ascertainable creditors. The time for filing creditor’s claims expired 18 on January 23, 2021. Petitioner did not acquire knowledge of any additional creditors within the last 19 thirty (30) days of the creditor’s claim period. 20 23. No Debts Paid Without Creditors’ Claims. No creditors have been paid, except those 21 creditors who have properly filed and served formal claims against the Estate. 22 24. Creditors’ Claims. The following claims were filed with this Court, served on the 23 Estate, negotiated, and paid or not yet paid: 24 25 Name of Creditor Date Filed Amount of Disposition Amount Paid Claim 26 DCM Services on 12/28/2020 $276.06 Settled and $ 250.00 behalf of Discover Satisfied 27 Bank 28 -5- PETITION FOR FINAL DISTRIBUTION 1 Johnston, Kinney 11/16/2020 $7,116.00 Not yet paid & Zulaica LLP 2 3 25. Rejected Creditors’ Claims. There are no rejected claims. 4 26. Other Claims. No other claims have been filed with the Court, except for the claims 5 described in this Petition. The Estate is solvent. 6 27. Federal Estate Tax. No federal estate tax return was or will be filed, because the value 7 of the Estate is insufficient to require an estate tax return, and no estate taxes are due. 8 28. Income Taxes. All California and federal income taxes due and payable by the Estate 9 have been paid or are adequately secured. 10 29. Personal Property Taxes. No personal property taxes are due or payable by the Estate. 11 30. Reimbursement for Costs Advanced. Including the court filing fee for this Petition, 12 Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, has advanced funds in the amount of 13 $1,439.60 to pay costs for the benefit of the Estate, for which Johnston, Kinney & Zulaica LLP has 14 not received reimbursement from Petitioner. A complete listing of the costs for which Johnston, 15 Kinney & Zulaica LLP should be reimbursed in the amount of $1,439.60 is described in Exhibit C, 16 which is attached hereto and incorporated herein by reference. 17 31. Petitioner’s Statutory Compensation for Ordinary Services. Petitioner has rendered 18 valuable ordinary services to the Estate for which statutory compensation is allowed by Probate Code 19 Section 10810. The statutory compensation for ordinary services in this matter is $7,460.92 as 20 calculated as set forth in Exhibit D, which is attached hereto and incorporated herein. Petitioner 21 should be authorized and directed to pay himself the statutory compensation due to him in the amount 22 of $7,460.92. 23 32. Attorney’s Statutory Compensation for Ordinary Services. Petitioner’s attorneys, 24 Johnston, Kinney & Zulaica LLP, have rendered valuable ordinary services to the Estate for which 25 statutory compensation is allowed by Probate Code Section 10810. The statutory compensation for 26 ordinary services in this matter is $7,460.92 as calculated as set forth in Exhibit D, which is attached 27 hereto and incoiporated herein. Petitioner should be authorized and directed to pay Johnston, Kinney 28 & Zulaica LLP the statutory compensation due to them in the amount of $7,460.92. -6- PETITION FOR FINAL DISTRIBUTION 1 33. Estate in Condition to Be Closed. More than four (4) months have elapsed since the 2 issuance of Letters Testamentary. Notice of administration was given to creditors as required by law. 3 The time for filing and serving creditor's claims has expired. Petitioner has performed all required 4 duties as executor of the Estate. The Estate is solvent. All debts of Decedent and all expenses of 5 administration, including filing fees, publication fees, and probate referee’s fees, have been paid, 6 except the monies to be reimbursed to Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, for 7 costs advanced, and statutory compensation to Petitioner and Petitioner’s attorneys, Johnston, Kinney 8 & Zulaica LLP. The Estate is in a condition to be closed. 9 34. Estate Assets on Hand. As of January 31, 2021, the total value of the Estate is 10 $216,897.36, all of which is held in cash in the below-listed accounts: 11 Type Description Value 12 Cash Wells Fargo Checking Account No. xxxx5674 $10,026.02 Cash Wells Fargo Savings Account No. xxxx4377 $206,871.34 13 14 TOTAL $216,897.36 15 35. No Reserve. Petitioner, as trustee of Decedent’s Trust, who is the sole beneficiary of 16 the Estate, should be authorized and directed to pay out of the Trust corpus all expenses of the Estate. 17 Accordingly, Petitioner does not request authorization to withhold a reserve from distribution. 18 36. Beneficiary of the Estate. The sole beneficiary of Decedent’s Will is Decedent’s Trust. 19 Section 2.2 of the Trust appoints Petitioner as successor trustee of the Trust (“Trustee”). Petitioner 20 executed a written Acceptance of Trust and Agreement to Serve as Trustee of Decedent’s Trust, a true 21 and complete copy of which is attached hereto as Exhibit E and incorporated herein by reference. 22 Petitioner’s address is 584 Castro Street, #346, San Francisco, CA 94118. 23 37. Beneficiaries of the Trust. The names and addresses of the beneficiaries named in the 24 Trust (“Trust Beneficiaries”) are as follows: 25 Name Relationship to Age Address 26 Decedent John Allen Brother Adult 4/154 Mona Vale Road 27 St Ives NSW 2075 28 Australia -7- PETITION FOR FINAL DISTRIBUTION Margaret Sister Adult 7/137 McKean St 1 Krishnapillai North Fitzroy VIC 3068 2 Australia Harry Allen Brother Adult 32 Campbell Road 3 Maraetai, Auckland 2018 New Zealand 4 Kerrie Jeffs Niece Adult 78 South Creek Road 5 Dee Why NSW 2099 Australia 6 Craig Allen Nephew Adult 4/154 Mona Vale Road St Ives NSW 2075 7 Australia Jeanine Niece Adult 8411 Golden Bear Place 8 Messeguer Whistler, BC V8E 1J7 9 Canada Sean Allen Nephew Adult 115 A Seaforth Crescent 10 Seaforth NSW 2092 Australia 11 Mamie Niece Adult 5 Athene Place 12 Stanbrook Collaroy Plateau, NSW 2097 Australia 13 Michael Allen Nephew Adult 24 Martin St Regentville NSW 2745 14 Australia Kathie Flett Niece Adult 33/41 Roseberry St 15 Manly Vale NSW 2093 16 Australia Mahendra Nephew Adult 7 Pine Avenue 17 Krishnapillai Elwood VIC 3184 Australia 18 Rohini Niece Adult 136 Edward Street 19 Krishnapillai Brunswick VIC 3056 Australia 20 Sarojini Niece Adult 25 Willowbank Road Krishnapillai North Fitzroy VIC 3068 21 Australia Meredith Anne Niece Adult 3 Gilruth Street 22 Doron Jane Hackett, ACT, 2602 23 Elizabeth Barrett Australia Jane Elizabeth Niece Adult 328 Glengarry Road 24 Barrett Glen Eden, Auckland, 0602 New Zealand 25 26 38. Assignment of Beneficial Interest. No assignments of beneficial interests in the Estate 27 have been made. 28 39. Distribution to Agent under Durable Power of Attorney. No distribution is to be made -8- PETITION FOR FINAL DISTRIBUTION 1 to an agent under a durable power of attorney for any beneficiary. 2 40. Advance Distributions. No advance distributions have been made. 3 41. Assets Available for Distribution. The total value of the remaining asset on hand after 4 the monies to be reimbursed to Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, for costs 5 advanced, statutory compensation and statutory and extraordinary compensation to Petitioner’s 6 attorneys, Johnston, Kinney & Zulaica LLP, and Creditor’s Claim payable to Johnston, Kinney & 7 Zulaica LLP, is $193,419.92 which is calculated as follows: 8 Description Value Total Assets on Hand $216,897.36 9 Reimbursement of Costs Advanced (Including filing of this Petition): $1,439.60 Statutory Compensation to Petitioner $7,460.92 10 Statutory Compensation to Petitioner’s attorneys, Johnston, Kinney & Zulaica $7,460.92 11 LLP: Creditor’s Claim payable to Johnston, Kinney & Zulaica LLP $7,116.00 12 TOTAL AVAILABLE FOR DISTRIBUTION $193,419.92 13 42. Proposed Distribution. Decedent died testate. By the terms of Decedent’s will dated 14 February 13, 2020, the Estate in the possession of Petitioner remaining for distribution should be 15 distributed as follows: 16 Distributee Description Value Scott R. Hodges, Trustee of Decedent’s Trust Cash $193,419.92 17 TOTAL $193,419.92 18 19 43. Omnibus Clause. Any other property of Decedent or the Estate not now known or 20 discovered that may belong to the Estate or in which Decedent or the Estate may have any interest 21 should be distributed to Scott R. Hodges, Trustee of Decedent’s Trust as sole beneficiary of the Estate, 22 without further court order. 23 WHEREFORE, Petitioner prays for an order of this court that: 24 1. The administration of this Estate be brought to a close without the requirement of an 25 accounting; 26 2. All acts of Petitioner as set forth in the Petition be allowed and approved; 27 3. Petitioner be authorized and directed to reimburse his attorneys, Johnston, Kinney & 28 Zulaica LLP, $1,439.60 for costs advanced, including costs to file this Petition; -9- PETITION FOR FINAL DISTRIBUTION 1 4. Petitioner be authorized and directed to pay himself, $7,460.92 as the statutory 2 compensation to which he is entitled; 3 5. Petitioner be authorized and directed to pay his attorneys, Johnston, Kinney & Zulaica 4 LLP, $7,460.92 as the statutory compensation to which they are entitled; 5 6. Petitioner be authorized to pay Johnston, Kinney & Zulaica LLP, $7,116.00, for the 6 Creditor’s Claim filed on November 16, 2020; 7 7. Petitioner, as trustee of Decedent’s Trust, be authorized and directed to pay out of the 8 Trust coipus in his hands any and all expenses of the Estate; 9 8. The assets of the Estate, after the monies to be reimbursed to Petitioner’s attorneys, 10 Johnston, Kinney & Zulaica LLP, for costs advanced, and statutory compensation to Petitioner and 11 Petitioner’s attorneys, Johnston, Kinney & Zulaica LLP, shall be distributed as follows: 12 Distributee Description Value Scott R. Hodges, Trustee of Decedent’s Trust Cash $193,419.92 13 TOTAL $ 193,419.92 14 44. Distribution of any other property of Decedent or the Estate not now known or 15 16 discovered that may belong to the Estate or in which Decedent or the Estate may have any interest 17 shall be made to Scott R. Hodges, Trustee of Decedent’s Trust as sole beneficiary of the Estate, without 18 further court order; and 19 9. For such further order as the Court may deem proper. 20 Respectfully submitted: 21