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ICME
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-25-2013 01:54 pm
Case Number: PES-12-296142
Filing Date: Jun-25-2013 01:52 pm
Filed by: GERALDINE ANDERSON
Juke Box: 001 Image: 04104303
ACCOUNTING PETITION RE:
THE ESTATE OF RONALD JESSE BENTLEY
001P04104303
Instructions:
Please place this sheet on top of the document to be scanned.1 |Erica W. Rosenblatt, Esq. (SB #96018) F t
2 an Pranciseo, CA 34108 100 San Francisco County Superior Court
elephone: — (415) 989-3613
3 IPAX: (415) 922-1007 JUN 2.5 2013
4 Attorney for Administrator, Ridwana Bentley CLERK OF TH COURT
5 ey: e"Deputy Clerk
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 COUNTY OF SAN FRANCISCO
8 UNLIMITED JURISDICTION
9
10 Case No. PES-12-296142
i FIRST AND FINAL REPORT OF
12 | ESTATE OF ADMINISTRATOR ON WAIVER OF
13 ACCOUNT AND PETITION FOR ITS
14 SETTLEMENT; FOR CONFIRMATION OF
15 || RONALD JESSE BENTLEY, UNAUTHORIZED DISTRIBUTION; FOR
16 ALLOWANCE OF STATUTORY AND
17 DECEASED EXTRAORDINARY ATTORNEYS' FEES;
18 AND FOR FUNAL DISTRIBUTION
P24 2313,
19 Date: September — |,
20 Time: 9:00 A.M.
21 Dept: Probate Room: 204
=]
23 Petitioner, Ridwana Bentley, the Administrator of the Estate of Ronald Jesse Bentley,
24 |deceased, presents her First and Final Report of Administrator on Waiver of Account and Petition
25 jffor Settlement thereof; For Confirmation of Unauthorized Distribution; For Allowance of Statutory
ind Extraordinary Attorney’s Fees; and for Final Distribution. Petitioner states:
27 Wl. Date and Place of Death. Ronald Jesse Bentley died intestate on March 3, 2009, in San
28
: a)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
(Unauthorized Distribution; for Statutory and Extraordinary Attomey’s Fees; and for Final
Distribution1 |Francisco, California, and was a resident of the City and County of San Francisco.
. Appointment of Administrator; Letters of Administration. This Court appointed Ridwanal
entley as Administrator of the Decedent’s Estate on November 7, 2012. Letters of Administration
ere issued to Petitioner on November 7, 2012; and at all times since Petitioner has been the duly
pointed qualified, and acting Administrator of the Estate.
2
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6 BB. Authority to Act Under Independent Administration of Estates Act. Petitioner was granted
7 full authority to administer the Estate under the Independent Administration of Estates Act on
8 November 7, 2012, and said authority has not been revoked.
Oo. Independent Action Taken with Notice of Proposed Action. Petitioner did exercise this
0 Jauthority, during the period covered by this account, in the sale of the Decedent’s personal residence
11 [pt 408 Shields Street, San Francisco, after having sent a Notice of Proposed Action, to all persons
12 |entitled to said Notice. No objections were received.
13 |B. Administration Completed. Petitioner has performed all duties required of her as
14 ls dministrator of the Estate of Decedent. All costs of administration incurred to date, including costs
15 }pf publication, have been paid. The Estate is in a condition to be closed. This Report covers the
16 period from November 7, 2012 through June 21, 2013.
17 6. Time for Filing Creditors’ Claims. Notice to Creditors was published for the period and
18 jin the manner prescribed by law. Within 30 days after the completion of publication of Notice to
19 Creditors, there was filed with the Clerk of the Court an affidavit showing publication of Notice to
20 [Creditors in the manner and form required by law. More than four months have elapsed since the
21 [issuance of Letters Of Administration in this Estate and since the first publication of Notice to
22 |{Creditors. All known or reasonably ascertainable creditors of the Estate as described in Probate
23 Code §9050 have received the notice as described in Probate Code §9052 or are within the class of
24 |creditors described in Probate Code §9054. The time for filing creditors’ claims expired on March
25 |I7, 2013. Petitioner did not acquire knowledge of any additional estate creditor within the last thirty
26 |{30) days of the creditor's claim period.
27 {7. Creditors' Claims. No Creditor’s Claims were presented against the estate.
28
(2)
First & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
pssiatonAll debts of Decedent and the Estate, and all expenses of administration, except attorneys’
‘ees, accountant’s fees (approximately $1,200.00), and closing expenses, have been paid.
Compliance With Probate Code §9201 and §9202. _—_ Notice to the Director of Health Care
ervices was not given as required under Probate Code §§215 and 9202, because Decedent did not
eceive Medi-Cal benefits. Notice to the Director of California Victim Compensation and
overnment Claims Board is not required, as neither the Petitioner nor her attorney, has any
owledge of an heir or beneficiary of the Decedent confined in any prison, jail, or other correctional
facility defined under Probate Code §9202(a). Decedent is not the surviving spouse or registered
lomestic partner of a decedent who received Medi-Cal benefits. The Estate is not required to notice
CoO wm ND FEF WN
ny "public entity" described in Probate Code §9201(a).
Notice to the Franchise Tax Board. Notice to the Franchise Tax Board was timely given
12 [pursuant to Probate Code §9202©. Clearance was received on May 7, 2013 by telephone.
13 10. Certificate of the Franchise Tax Board. _ No Certificate of the Franchise Tax Board was
14 |required as there are no non-resident heirs, beneficiaries, or devisees.
15 11. Inventory and Appraisement of Estate. An Inventory and Appraisal of the Estate was
16 }ffiled on April 25, 2013, showing the value of the Estate to be $435,000.00, as of the date of death.
17 A Reappraisal for Sale Inventory and Appraisal of the Estate was also filed on April 25, 2013,
18 |showing the value of the Estate to be $548,000.00.
19 Petitioner alleges that the Inventory lists all the assets of Decedent's Estate that have come
20 [to Petitioner's knowledge or into her possession.
21 |{2. Change in Form of Assets. The only change in the form of assets was the sale of the
22 |Decedent’s residence. The net proceeds received were deposited into the estate’s bank account. A
23 |eopy of the final escrow statement with explanations of expenses is attached hereto as Exhibit B,
24 |showing that the seller received $201,623.22, from the net proceeds.
25 |13. Personal Property Taxes. No personal property taxes were owed by the Estate.
26 |14. Real Property Taxes. All real property taxes owed by the Estate have been paid.
27 15. Income Taxes. —_ California and Federal income tax returns for the Decedent were prepared
28
Q)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
authorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istributionsee Sent
La filed. All taxes due by the Estate for the Decedent’s final returns were paid. All fiduciary
income tax returns needed were timely filed.
6. | Estate Tax. Federal and California estate tax returns were not required as the total value
f the Estate was less than the exemption amount. No Franchise Tax Board clearance was needed.
IL7. | WaiverofAccount. The intestate heirs of the Estate, the Decedent’s son, Kaseem Jamal
Bentley, the Decedent’s daughter, Petitioner herein, and the Decedent’s wife, Lark Winfred Thomas,
ave executed Waivers of Account, which have been filed.
i Cash Invested in Interest-Bearing Accounts. During the period of this accounting, the
Petitioner kept all cash, other than such amounts as were reasonably necessary for the Estate’s
dministration, invested in interest-bearing accounts or other investments authorized by law.
Nature of Estate Property. | The whole of the Estate was Decedent's separate property.
20. Solvency of Estate. The Estate is solvent.
1. PropertyonHand. —As of June 21, 2013, the property on hand in this estate consisted of
i. asset listed below:
1. The remaining funds from the sale of the house ($15,218.18) are held in Wells Fargo
ccount No. 1874278904, held in the name of Ridwana Bentley, Administrator of the Estate of
onald Jesse Bentley.
2. Heirs and Beneficiaries. The following are the intestate heirs of the Decedent:
Ridwana Bentley Daughter Adult 2901 MacArthur Blvd.,
Unit# 109
Oakland, CA 94602
Kaseem Jamal Bentley Son Adult 294 Ramsell Street
San Francisco, CA 94132
Lark Winfred Thomas Spouse Adult 294 Ramsell Street
San Francisco, CA 94132
(4)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
inauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istribution—
3. Distribution of the Estate.
2 Pursuant to the California laws of intestate succession (Probate Code Section 6400), as the
3 [Decedent died without a Will, leaving separate property, and had a surviving spouse, and two
4 Ichildren, his Estate should be distributed to the three of them, in equal shares.
5 A. To Ridwana Bentley:
6 1. Cash in the amount of $60,000.00; and
7 2. One-third of any remaining estate assets.
8 B. To Kaseem Jamal Bentley:
9 1. Cash in the amount of $60,000.00;
10 2. One-third of any remaining estate assets.
i C. To Lark Winfred Thomas:
12 1. Cash in the amount of $60,000.00;
13 2. One-third of any remaining estate assets.
14 At the time of the Decedent’s death, he and his wife, Lark Winfred Thomas, were in the
15 Irocess of dissolving their marriage, although a Final Order had not yet been received.
16 As part of the dissolution proceedings, his wife’s interest in the family residence located at
17 |hog Shields Street, San Francisco, CA 94132, was transferred to the Decedent via an Interspousal
18 Individual Grant Deed, recorded on December 31, 2008. Wife received a payment from the
19 ecedent, for her interest in said property. Said property became the separate property of the
20 WDecedent, upon the recording of that deed.
21 The effect of this transfer, may have been a Waiver of the Wife’s intestate rights under
22 |Probate Code Section 141. However, the other intestate heirs, the son and daughter of the Decedent
23 Ihnd his wife, decided that their mother should receive the one-third share even though they might
24 thave received a fifty percent share if their mother was not considered an intestate heir. Declarations
25 lho this effect have been filed.
26 The Petitioner, on November 19, 2012, through misunderstanding and inadvertence, and
27 lunbeknownst to her attorney, made a preliminary distribution without prior court approval, of sixty
28
(5)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istributionhousand dollars to each of the heirs, from the net sales proceeds received from the sale of the house.
his is the same sum they would have received from the Final Distribution. Receipts on Distribution
ave been filed by all heirs. Petitioner requests confirmation of the unauthorized distributions by
his Court.
4. Expenses of Administration. The Petitioner has paid from estate funds, estate administration
xpenses, including but not limited to: $1,008.00 to the probate referee, $520.00 (for 2010), $450.00
for 2011), and $675.00 (for 2012) to Stephen Wise, CPA, for preparation of the income tax returns,
115.00 to The Recorder, $450.00 for the filing fee, $50.00 for certified copies of the Letters of
dministration, $3008.87 for State and Federal income taxes, etc.
5. Waiver of Statutory Administrator’s Compensation for Ordinary Services.
The Petitioner hereby waives the statutory Administrator’s compensation for ordinary
ervices.
6. Statutory Attorneys' Fees for Ordinary Services.
The statutory attorneys' fees for ordinary services, which have not been paid, amount to
13,609.39, as computed below.
Fee Base
Inventory and Appraisement $435,000.00
Receipts during Administration 0.00
Gain on sale 95,469.71
Fee Base: $ 530,469.71
Fee Computation
4 percent on first $100,000 $4,000.00
3 percent on next $100,000 $3,000.00
2 percent on $330,000.00 $6,609.39
Total Fees (Ordinary Services): $13,609.39
7. Attorneys’ Fees for Extraordinary Services. Petitioner’s attorney, Erica Wilner Rosenblatt,
as rendered extraordinary services for the Estate, which are described in the Declaration in Support
(6)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istribution0 ON DWN FF WN =
SO Nn 2S
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f Attorney's Fees for Extraordinary Services, attached hereto as Exhibit A, and incorporated herein
y reference, She is entitled to reasonable compensation for these services, and a reasonable sum
's $2,320.00 (5.8 hrs @ $400.00/hr), which has not been paid.
8. Revocable Trust. The Decedent executed the Ronald Jesse Bentley Living Trust Dated
Panuary 3, 2003. There was no “pour-over” Will. At the time of the Decedent’s death, his residence
as not titled in the name of the Trust. Petitioner filed a Petition for Order Confirming Successor
‘er and Trust Assets, in this Court (Case No. PTR-12-295948) on August 10,2012. The Order
as denied on September 7, 2012, necessitating the need for a probate of the Estate.
9. Bond. No Bond was required in this estate.
. Request for Special Notice. No Request for Special Notice was filed.
Bl. Reserve. No request for a reserve is being made by the petitioner. The Petitioner will pay
hom her personal funds, if there are insufficient funds in the Estate’s bank account, for payment of
fees and closing expenses.
WHEREFORE, Petitioner prays for an order of this Court that:
1. The administration of this Estate be closed;
2. The First and Final Report of Petitioner as Administrator be settled, confirmed and
proved as filed;
3. All acts and proceedings of Petitioner as Administrator be confirmed, ratified, and
ipproved, including the unauthorized distribution to the heirs;
4. Petitioner be authorized to pay to Erica Wilner Rosenblatt, Esq. the sum of
13,609.39 as her statutory fee for services to Petitioner and to the Estate;
5. Petitioner be authorized to pay to Erica Wilner Rosenblatt, Esq. the sum of $2,320.00
s her fee for extraordinary services to Petitioner and to the Estate;
6. Distribution of the Estate of Decedent in Petitioner's hands and other property of
ecedent or the Estate not now known or discovered be made to the person entitled to it, who have
een paid, as designated in Paragraph 23 of the petition, and incorporated herein by reference;
7. Ondelivering the property and filing proper receipts, the Administrator be discharged;
(7)
First & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
Distribution. Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istribution0 Oe YN DH BF WN
°o
pd
8. Such further order be made as the Court considers proper.
a
Dated: June 24, 2013 hk a oi.
Ridwana Bentley, Petitioner
Erica W. Rosenblatt, Esq
Attorney for Petitioner
VERIFICATION
I, the undersigned, am the Administrator of the Estate of Ronald Jesse Bentley. I have read
e foregoing First and Final Report of Administrator on Waiver of Account, and Petition for its
ettlement; For Allowance of Statutory and Extraordinary Attorney's Fees; and for Final
Piston and know the contents thereof. It is true of my own knowledge, except for matters
Stated to be on information and belief, and as to those matters I believe them to be true.
Ideclare under penalty of perjury under the laws of the State of California that the foregoing
's true and correct. Executed at San Francisco, California.
ated: June 24, 2013
Ridwana Bentley, Petitioner
(8)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istributionESTATE OF RONALD JESSE BENTLEY
JOINDER BY ATTORNEY IN REQUEST FOR FEES
FOR ORDINARY AND EXTRAORDINARY SERVICES
I, the undersigned, say:
lam the attorney for Petitioner. I have read the foregoing petition and the request in it for
he payment to me of the fees for my ordinary and extraordinary services as attorney for Petitioner.
hereby join in the request for an Order of this Court allowing me the fees requested for those
ervices.
Dated: June 24, 2013 dum. UL bnewhlitd
Enica W. Rosenblatt, Esq
Attorney for Petitioner
VERIFICATION BY ATTORNEY
I, the undersigned, am an attorney for the Administrator of the Estate of Ronald Jesse
Bentley. Thave read the foregoing Joinder by Attorney. It is true of my own knowledge except for
hose matters stated to be on information and belief, and as to those matters I believe them to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing
s true and correct. Executed at San Francisco, California.
bated: June 24, 2013 Jui UV. Rone Mt
Erica W- Rosenblatt, Esq
Attorney for Administrator
(9)
First & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
\Unauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
DistributionEXHIBIT A
DECLARATION IN SUPPORT OF ATTORNEY'S EXTRAORDINARY FEES
(Page 1 of 2)
The sale of the Decedent's real property at 408 Shields Street, in the City and County of San
rancisco, State of California occurred, soon after receipt of the Letters of Administration on
ovember 7, 2012, as the escrow for the property was due to close on November 16, 2012.
his necessitated that the Inventory and Appraisal, Reappraisal for Sale, Notice of Proposed Action,
land Claim for Reassessment Exclusion Between Parent and Child, be drafted on a rush basis.
There were telephone discussions, drafting and review of emails and correspondences
between myself and the broker, Marcus Miller, the escrow officer at Old Republic Title, Ed Smith
it the probate referee’s office, the probate referee, and my client, concerning the impending sale.
s a result of these efforts, the sale of the property occurred as scheduled. The sales price of the
lhome was $530,000.00, which was $95,000.00 over the value given on the initial Inventory and
Appraisal. The Estate received $201,623.22, as the net proceeds due to Seller.
I am entitled to reasonable compensation for these services, and a reasonable sum is
2,320.00 (5.8 hrs @ $400.00/hr), which has not been paid.
My time for these services is itemized below in Table A.
Table A
ate Hours Work Performed
1 1/8/2012 0.3 PCs Ed Smith re: | & A and Reappraisal for sale on rush basis.
2.5 Draft Claim for Reassessment Exclusion bet Parent and Child, Preliminary
Change of Ownership form, Notices of Proposed Action, Reappraisal for Sale.
0.3. PCs assessor’s office.
0.4 Review emails from Ridwana Bentley (“RB”) and reply re: sale and
documents needed.
(0)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istributionEXHIBIT A
DECLARATION IN SUPPORT OF ATTORNEY'S EXTRAORDINARY FEES
(Page 2 of 2)
1 1/8/2012 1.0 Draft letters to beneficiaries re: Notice of Proposed Action and consents.
1 1/9/2012 0.3. PCs Marcus Miller, realtor re: escrow closing.
1 1/9/2012 0.2 PCs RB re: close of escrow.
11/14/2012 0.3 PCs escrow officer.
0.2 PCs RB re: close of escrow.
0.3 PCs title company.
Subtotal: 5.8 hrs @ $400.00/hr = $2,320.00
[Total Extraordinary Fees: = $2,320.00
I declare under penalty of perjury under the laws of the State of California that the foregoing
: true and correct. Executed at San Francisco, California.
ated: June 24, 2013 Cueg
Erica Wilner Rosenblatt,
Attorney for Administrator
qd)
fs & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
[DistributionCO mW ND HW BR WwW NY
NY NR YN YN NH KR Ye Be He ew Be ew ee Ee L
eCnrtnAnN FF YH KF SSO we AAA ROH =
EXHIBIT B
ESCROW STATEMENT
ile: BENTLEY,RONALDPROB-FPET1.WPD
(12)
irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of
nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final
istributionxe
e @ * OLD wEPUBLIC TITLE COMPANY
* x 4045 24th Street, Suite A+ San Francisco CA + 94114 + (415) 282-0830 + FAX (415) 282-0859
* *
xe
Ridwana Bentiey
2901 Mac Arthur Blvd. #109
Oakland, CA 94602
Property: 408 Shields St., San Francisco, CA 94132
Seller's Closing Statement
Date: November 27, 2012
Escrow No.: 0219013983-MP
Escrow Officer: Michelle Patterson
Closing Date: 11/16/2012
Item Debits Credits
Sales Price _ _ . 530,000.00
Loan payoff to Wells Fargo ($292,441.61) wae a.
Current Principal 290,389.08 .
Interest to 11/21/12 2,005.53 _
Recording fee 17.00
__ Obligation fee oe - . 30,00 —
Broker's Commission 6% . 31,800.00
To Hill and Company _ 15,900.00 | _
To Paragon Real Estate 15,900.00" .
Ref to City and County of San Francisco, Department
ublic Health ($168.41)
Current Principal ee
Refuse lien to City and County of San
of Public Health ($163.47)
Current Principal
NHD report to Disclosure Source
Tank insespection to Golden Gate Tank Removal
Water compliance to Brian Cassidy Construction
Real Estate Taxes (Block 7006 -Lot 019)
Prorata R.E. Taxes, 11/16/12 to 01/01/13, 45 days @ $10.438
Notary Fees
Title Charges ——- ~ ne ms
Recording Fees _ 20,00
Other - Letters . . ee ne ceneesunee
County Transfer Tax 3,604.00 _
Due To Seller
Total
Preview
ICME SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-25-2013 01:54 pm Case Number: PES-12-296142 Filing Date: Jun-25-2013 01:52 pm Filed by: GERALDINE ANDERSON Juke Box: 001 Image: 04104303 ACCOUNTING PETITION RE: THE ESTATE OF RONALD JESSE BENTLEY 001P04104303 Instructions: Please place this sheet on top of the document to be scanned.1 |Erica W. Rosenblatt, Esq. (SB #96018) F t 2 an Pranciseo, CA 34108 100 San Francisco County Superior Court elephone: — (415) 989-3613 3 IPAX: (415) 922-1007 JUN 2.5 2013 4 Attorney for Administrator, Ridwana Bentley CLERK OF TH COURT 5 ey: e"Deputy Clerk 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN FRANCISCO 8 UNLIMITED JURISDICTION 9 10 Case No. PES-12-296142 i FIRST AND FINAL REPORT OF 12 | ESTATE OF ADMINISTRATOR ON WAIVER OF 13 ACCOUNT AND PETITION FOR ITS 14 SETTLEMENT; FOR CONFIRMATION OF 15 || RONALD JESSE BENTLEY, UNAUTHORIZED DISTRIBUTION; FOR 16 ALLOWANCE OF STATUTORY AND 17 DECEASED EXTRAORDINARY ATTORNEYS' FEES; 18 AND FOR FUNAL DISTRIBUTION P24 2313, 19 Date: September — |, 20 Time: 9:00 A.M. 21 Dept: Probate Room: 204 =] 23 Petitioner, Ridwana Bentley, the Administrator of the Estate of Ronald Jesse Bentley, 24 |deceased, presents her First and Final Report of Administrator on Waiver of Account and Petition 25 jffor Settlement thereof; For Confirmation of Unauthorized Distribution; For Allowance of Statutory ind Extraordinary Attorney’s Fees; and for Final Distribution. Petitioner states: 27 Wl. Date and Place of Death. Ronald Jesse Bentley died intestate on March 3, 2009, in San 28 : a) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of (Unauthorized Distribution; for Statutory and Extraordinary Attomey’s Fees; and for Final Distribution1 |Francisco, California, and was a resident of the City and County of San Francisco. . Appointment of Administrator; Letters of Administration. This Court appointed Ridwanal entley as Administrator of the Decedent’s Estate on November 7, 2012. Letters of Administration ere issued to Petitioner on November 7, 2012; and at all times since Petitioner has been the duly pointed qualified, and acting Administrator of the Estate. 2 3 4 5 6 BB. Authority to Act Under Independent Administration of Estates Act. Petitioner was granted 7 full authority to administer the Estate under the Independent Administration of Estates Act on 8 November 7, 2012, and said authority has not been revoked. Oo. Independent Action Taken with Notice of Proposed Action. Petitioner did exercise this 0 Jauthority, during the period covered by this account, in the sale of the Decedent’s personal residence 11 [pt 408 Shields Street, San Francisco, after having sent a Notice of Proposed Action, to all persons 12 |entitled to said Notice. No objections were received. 13 |B. Administration Completed. Petitioner has performed all duties required of her as 14 ls dministrator of the Estate of Decedent. All costs of administration incurred to date, including costs 15 }pf publication, have been paid. The Estate is in a condition to be closed. This Report covers the 16 period from November 7, 2012 through June 21, 2013. 17 6. Time for Filing Creditors’ Claims. Notice to Creditors was published for the period and 18 jin the manner prescribed by law. Within 30 days after the completion of publication of Notice to 19 Creditors, there was filed with the Clerk of the Court an affidavit showing publication of Notice to 20 [Creditors in the manner and form required by law. More than four months have elapsed since the 21 [issuance of Letters Of Administration in this Estate and since the first publication of Notice to 22 |{Creditors. All known or reasonably ascertainable creditors of the Estate as described in Probate 23 Code §9050 have received the notice as described in Probate Code §9052 or are within the class of 24 |creditors described in Probate Code §9054. The time for filing creditors’ claims expired on March 25 |I7, 2013. Petitioner did not acquire knowledge of any additional estate creditor within the last thirty 26 |{30) days of the creditor's claim period. 27 {7. Creditors' Claims. No Creditor’s Claims were presented against the estate. 28 (2) First & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final pssiatonAll debts of Decedent and the Estate, and all expenses of administration, except attorneys’ ‘ees, accountant’s fees (approximately $1,200.00), and closing expenses, have been paid. Compliance With Probate Code §9201 and §9202. _—_ Notice to the Director of Health Care ervices was not given as required under Probate Code §§215 and 9202, because Decedent did not eceive Medi-Cal benefits. Notice to the Director of California Victim Compensation and overnment Claims Board is not required, as neither the Petitioner nor her attorney, has any owledge of an heir or beneficiary of the Decedent confined in any prison, jail, or other correctional facility defined under Probate Code §9202(a). Decedent is not the surviving spouse or registered lomestic partner of a decedent who received Medi-Cal benefits. The Estate is not required to notice CoO wm ND FEF WN ny "public entity" described in Probate Code §9201(a). Notice to the Franchise Tax Board. Notice to the Franchise Tax Board was timely given 12 [pursuant to Probate Code §9202©. Clearance was received on May 7, 2013 by telephone. 13 10. Certificate of the Franchise Tax Board. _ No Certificate of the Franchise Tax Board was 14 |required as there are no non-resident heirs, beneficiaries, or devisees. 15 11. Inventory and Appraisement of Estate. An Inventory and Appraisal of the Estate was 16 }ffiled on April 25, 2013, showing the value of the Estate to be $435,000.00, as of the date of death. 17 A Reappraisal for Sale Inventory and Appraisal of the Estate was also filed on April 25, 2013, 18 |showing the value of the Estate to be $548,000.00. 19 Petitioner alleges that the Inventory lists all the assets of Decedent's Estate that have come 20 [to Petitioner's knowledge or into her possession. 21 |{2. Change in Form of Assets. The only change in the form of assets was the sale of the 22 |Decedent’s residence. The net proceeds received were deposited into the estate’s bank account. A 23 |eopy of the final escrow statement with explanations of expenses is attached hereto as Exhibit B, 24 |showing that the seller received $201,623.22, from the net proceeds. 25 |13. Personal Property Taxes. No personal property taxes were owed by the Estate. 26 |14. Real Property Taxes. All real property taxes owed by the Estate have been paid. 27 15. Income Taxes. —_ California and Federal income tax returns for the Decedent were prepared 28 Q) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of authorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istributionsee Sent La filed. All taxes due by the Estate for the Decedent’s final returns were paid. All fiduciary income tax returns needed were timely filed. 6. | Estate Tax. Federal and California estate tax returns were not required as the total value f the Estate was less than the exemption amount. No Franchise Tax Board clearance was needed. IL7. | WaiverofAccount. The intestate heirs of the Estate, the Decedent’s son, Kaseem Jamal Bentley, the Decedent’s daughter, Petitioner herein, and the Decedent’s wife, Lark Winfred Thomas, ave executed Waivers of Account, which have been filed. i Cash Invested in Interest-Bearing Accounts. During the period of this accounting, the Petitioner kept all cash, other than such amounts as were reasonably necessary for the Estate’s dministration, invested in interest-bearing accounts or other investments authorized by law. Nature of Estate Property. | The whole of the Estate was Decedent's separate property. 20. Solvency of Estate. The Estate is solvent. 1. PropertyonHand. —As of June 21, 2013, the property on hand in this estate consisted of i. asset listed below: 1. The remaining funds from the sale of the house ($15,218.18) are held in Wells Fargo ccount No. 1874278904, held in the name of Ridwana Bentley, Administrator of the Estate of onald Jesse Bentley. 2. Heirs and Beneficiaries. The following are the intestate heirs of the Decedent: Ridwana Bentley Daughter Adult 2901 MacArthur Blvd., Unit# 109 Oakland, CA 94602 Kaseem Jamal Bentley Son Adult 294 Ramsell Street San Francisco, CA 94132 Lark Winfred Thomas Spouse Adult 294 Ramsell Street San Francisco, CA 94132 (4) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of inauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istribution— 3. Distribution of the Estate. 2 Pursuant to the California laws of intestate succession (Probate Code Section 6400), as the 3 [Decedent died without a Will, leaving separate property, and had a surviving spouse, and two 4 Ichildren, his Estate should be distributed to the three of them, in equal shares. 5 A. To Ridwana Bentley: 6 1. Cash in the amount of $60,000.00; and 7 2. One-third of any remaining estate assets. 8 B. To Kaseem Jamal Bentley: 9 1. Cash in the amount of $60,000.00; 10 2. One-third of any remaining estate assets. i C. To Lark Winfred Thomas: 12 1. Cash in the amount of $60,000.00; 13 2. One-third of any remaining estate assets. 14 At the time of the Decedent’s death, he and his wife, Lark Winfred Thomas, were in the 15 Irocess of dissolving their marriage, although a Final Order had not yet been received. 16 As part of the dissolution proceedings, his wife’s interest in the family residence located at 17 |hog Shields Street, San Francisco, CA 94132, was transferred to the Decedent via an Interspousal 18 Individual Grant Deed, recorded on December 31, 2008. Wife received a payment from the 19 ecedent, for her interest in said property. Said property became the separate property of the 20 WDecedent, upon the recording of that deed. 21 The effect of this transfer, may have been a Waiver of the Wife’s intestate rights under 22 |Probate Code Section 141. However, the other intestate heirs, the son and daughter of the Decedent 23 Ihnd his wife, decided that their mother should receive the one-third share even though they might 24 thave received a fifty percent share if their mother was not considered an intestate heir. Declarations 25 lho this effect have been filed. 26 The Petitioner, on November 19, 2012, through misunderstanding and inadvertence, and 27 lunbeknownst to her attorney, made a preliminary distribution without prior court approval, of sixty 28 (5) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istributionhousand dollars to each of the heirs, from the net sales proceeds received from the sale of the house. his is the same sum they would have received from the Final Distribution. Receipts on Distribution ave been filed by all heirs. Petitioner requests confirmation of the unauthorized distributions by his Court. 4. Expenses of Administration. The Petitioner has paid from estate funds, estate administration xpenses, including but not limited to: $1,008.00 to the probate referee, $520.00 (for 2010), $450.00 for 2011), and $675.00 (for 2012) to Stephen Wise, CPA, for preparation of the income tax returns, 115.00 to The Recorder, $450.00 for the filing fee, $50.00 for certified copies of the Letters of dministration, $3008.87 for State and Federal income taxes, etc. 5. Waiver of Statutory Administrator’s Compensation for Ordinary Services. The Petitioner hereby waives the statutory Administrator’s compensation for ordinary ervices. 6. Statutory Attorneys' Fees for Ordinary Services. The statutory attorneys' fees for ordinary services, which have not been paid, amount to 13,609.39, as computed below. Fee Base Inventory and Appraisement $435,000.00 Receipts during Administration 0.00 Gain on sale 95,469.71 Fee Base: $ 530,469.71 Fee Computation 4 percent on first $100,000 $4,000.00 3 percent on next $100,000 $3,000.00 2 percent on $330,000.00 $6,609.39 Total Fees (Ordinary Services): $13,609.39 7. Attorneys’ Fees for Extraordinary Services. Petitioner’s attorney, Erica Wilner Rosenblatt, as rendered extraordinary services for the Estate, which are described in the Declaration in Support (6) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istribution0 ON DWN FF WN = SO Nn 2S 14 15 16 17 18 19 20 21 22 f Attorney's Fees for Extraordinary Services, attached hereto as Exhibit A, and incorporated herein y reference, She is entitled to reasonable compensation for these services, and a reasonable sum 's $2,320.00 (5.8 hrs @ $400.00/hr), which has not been paid. 8. Revocable Trust. The Decedent executed the Ronald Jesse Bentley Living Trust Dated Panuary 3, 2003. There was no “pour-over” Will. At the time of the Decedent’s death, his residence as not titled in the name of the Trust. Petitioner filed a Petition for Order Confirming Successor ‘er and Trust Assets, in this Court (Case No. PTR-12-295948) on August 10,2012. The Order as denied on September 7, 2012, necessitating the need for a probate of the Estate. 9. Bond. No Bond was required in this estate. . Request for Special Notice. No Request for Special Notice was filed. Bl. Reserve. No request for a reserve is being made by the petitioner. The Petitioner will pay hom her personal funds, if there are insufficient funds in the Estate’s bank account, for payment of fees and closing expenses. WHEREFORE, Petitioner prays for an order of this Court that: 1. The administration of this Estate be closed; 2. The First and Final Report of Petitioner as Administrator be settled, confirmed and proved as filed; 3. All acts and proceedings of Petitioner as Administrator be confirmed, ratified, and ipproved, including the unauthorized distribution to the heirs; 4. Petitioner be authorized to pay to Erica Wilner Rosenblatt, Esq. the sum of 13,609.39 as her statutory fee for services to Petitioner and to the Estate; 5. Petitioner be authorized to pay to Erica Wilner Rosenblatt, Esq. the sum of $2,320.00 s her fee for extraordinary services to Petitioner and to the Estate; 6. Distribution of the Estate of Decedent in Petitioner's hands and other property of ecedent or the Estate not now known or discovered be made to the person entitled to it, who have een paid, as designated in Paragraph 23 of the petition, and incorporated herein by reference; 7. Ondelivering the property and filing proper receipts, the Administrator be discharged; (7) First & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of Distribution. Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istribution0 Oe YN DH BF WN °o pd 8. Such further order be made as the Court considers proper. a Dated: June 24, 2013 hk a oi. Ridwana Bentley, Petitioner Erica W. Rosenblatt, Esq Attorney for Petitioner VERIFICATION I, the undersigned, am the Administrator of the Estate of Ronald Jesse Bentley. I have read e foregoing First and Final Report of Administrator on Waiver of Account, and Petition for its ettlement; For Allowance of Statutory and Extraordinary Attorney's Fees; and for Final Piston and know the contents thereof. It is true of my own knowledge, except for matters Stated to be on information and belief, and as to those matters I believe them to be true. Ideclare under penalty of perjury under the laws of the State of California that the foregoing 's true and correct. Executed at San Francisco, California. ated: June 24, 2013 Ridwana Bentley, Petitioner (8) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istributionESTATE OF RONALD JESSE BENTLEY JOINDER BY ATTORNEY IN REQUEST FOR FEES FOR ORDINARY AND EXTRAORDINARY SERVICES I, the undersigned, say: lam the attorney for Petitioner. I have read the foregoing petition and the request in it for he payment to me of the fees for my ordinary and extraordinary services as attorney for Petitioner. hereby join in the request for an Order of this Court allowing me the fees requested for those ervices. Dated: June 24, 2013 dum. UL bnewhlitd Enica W. Rosenblatt, Esq Attorney for Petitioner VERIFICATION BY ATTORNEY I, the undersigned, am an attorney for the Administrator of the Estate of Ronald Jesse Bentley. Thave read the foregoing Joinder by Attorney. It is true of my own knowledge except for hose matters stated to be on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing s true and correct. Executed at San Francisco, California. bated: June 24, 2013 Jui UV. Rone Mt Erica W- Rosenblatt, Esq Attorney for Administrator (9) First & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of \Unauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final DistributionEXHIBIT A DECLARATION IN SUPPORT OF ATTORNEY'S EXTRAORDINARY FEES (Page 1 of 2) The sale of the Decedent's real property at 408 Shields Street, in the City and County of San rancisco, State of California occurred, soon after receipt of the Letters of Administration on ovember 7, 2012, as the escrow for the property was due to close on November 16, 2012. his necessitated that the Inventory and Appraisal, Reappraisal for Sale, Notice of Proposed Action, land Claim for Reassessment Exclusion Between Parent and Child, be drafted on a rush basis. There were telephone discussions, drafting and review of emails and correspondences between myself and the broker, Marcus Miller, the escrow officer at Old Republic Title, Ed Smith it the probate referee’s office, the probate referee, and my client, concerning the impending sale. s a result of these efforts, the sale of the property occurred as scheduled. The sales price of the lhome was $530,000.00, which was $95,000.00 over the value given on the initial Inventory and Appraisal. The Estate received $201,623.22, as the net proceeds due to Seller. I am entitled to reasonable compensation for these services, and a reasonable sum is 2,320.00 (5.8 hrs @ $400.00/hr), which has not been paid. My time for these services is itemized below in Table A. Table A ate Hours Work Performed 1 1/8/2012 0.3 PCs Ed Smith re: | & A and Reappraisal for sale on rush basis. 2.5 Draft Claim for Reassessment Exclusion bet Parent and Child, Preliminary Change of Ownership form, Notices of Proposed Action, Reappraisal for Sale. 0.3. PCs assessor’s office. 0.4 Review emails from Ridwana Bentley (“RB”) and reply re: sale and documents needed. (0) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istributionEXHIBIT A DECLARATION IN SUPPORT OF ATTORNEY'S EXTRAORDINARY FEES (Page 2 of 2) 1 1/8/2012 1.0 Draft letters to beneficiaries re: Notice of Proposed Action and consents. 1 1/9/2012 0.3. PCs Marcus Miller, realtor re: escrow closing. 1 1/9/2012 0.2 PCs RB re: close of escrow. 11/14/2012 0.3 PCs escrow officer. 0.2 PCs RB re: close of escrow. 0.3 PCs title company. Subtotal: 5.8 hrs @ $400.00/hr = $2,320.00 [Total Extraordinary Fees: = $2,320.00 I declare under penalty of perjury under the laws of the State of California that the foregoing : true and correct. Executed at San Francisco, California. ated: June 24, 2013 Cueg Erica Wilner Rosenblatt, Attorney for Administrator qd) fs & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final [DistributionCO mW ND HW BR WwW NY NY NR YN YN NH KR Ye Be He ew Be ew ee Ee L eCnrtnAnN FF YH KF SSO we AAA ROH = EXHIBIT B ESCROW STATEMENT ile: BENTLEY,RONALDPROB-FPET1.WPD (12) irst & Final Report On Waiver of Account, Petition for Its Settlemen; for Confirmation of nauthorized Distribution; for Statutory and Extraordinary Attorney’s Fees; and for Final istributionxe e @ * OLD wEPUBLIC TITLE COMPANY * x 4045 24th Street, Suite A+ San Francisco CA + 94114 + (415) 282-0830 + FAX (415) 282-0859 * * xe Ridwana Bentiey 2901 Mac Arthur Blvd. #109 Oakland, CA 94602 Property: 408 Shields St., San Francisco, CA 94132 Seller's Closing Statement Date: November 27, 2012 Escrow No.: 0219013983-MP Escrow Officer: Michelle Patterson Closing Date: 11/16/2012 Item Debits Credits Sales Price _ _ . 530,000.00 Loan payoff to Wells Fargo ($292,441.61) wae a. Current Principal 290,389.08 . Interest to 11/21/12 2,005.53 _ Recording fee 17.00 __ Obligation fee oe - . 30,00 — Broker's Commission 6% . 31,800.00 To Hill and Company _ 15,900.00 | _ To Paragon Real Estate 15,900.00" . Ref to City and County of San Francisco, Department ublic Health ($168.41) Current Principal ee Refuse lien to City and County of San of Public Health ($163.47) Current Principal NHD report to Disclosure Source Tank insespection to Golden Gate Tank Removal Water compliance to Brian Cassidy Construction Real Estate Taxes (Block 7006 -Lot 019) Prorata R.E. Taxes, 11/16/12 to 01/01/13, 45 days @ $10.438 Notary Fees Title Charges ——- ~ ne ms Recording Fees _ 20,00 Other - Letters . . ee ne ceneesunee County Transfer Tax 3,604.00 _ Due To Seller Total