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  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
  • Estate of  Harrison, Viva GDecedent's Estate document preview
						
                                

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Bulletin CUUIIUI Califtrllill. F Cmnl'y ufEui'te | 10/2/2023 L L l Nicole R. Plottel, SBN 245446 E E G. Kevin Lachona, SBN 286072 D fEI I11 2 HARRIS & PLO'I'TEL, LLP a"? 9-,: 5' flue—pm 466 Vallombrosa Avenue HI. 3 Chico, CA 95926 (530)893-2882 4 Attorneys for Petitioner, DONALD RIDDLE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9D IN AND FOR THE COUNTY OF BUTTE 10 In re the Estate of: Case Number 23PR00120 11 VIVA G. HARRISON, FIRST AND FINAL REPORT OF )))))))))))))) 12 EXECUTOR ON WAIVER OF 13 Decedent. ACCOUNT AND PETITION FOR FINAL ' .0... . --~ DISTRIBUTION AND FOR '1'4 ALLOWANCE OF' COMPENSA'I'ION ~ 15 TO ATTORNEYS FOR ORDINARY SERVICES l6 Date of Hearing: November 2 1 , 2023 l7 Time of Hearing: 9:00 AM l8 Department: Probate l9 20 DONALD RIDDLE, Executor of the Estate of VIVA G. HARRISON, alleges: 21 l. Decedent died testate on December 1, 2022, in Butte County, California, and was a resident of Butte County. 2. The Decedent's Will dated February 22, 1996 was admitted to probate by order 24 of this Court on April 18, 2023. Petitioner qualified and was appointed Executor of the Estate, and Letters Testamentary were issued to Petitioner on April 18, 2023. At all times since then 26 he has been and now is the Executor of the Estate. 27 //I 28 PAGE I First and final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordinary Services l 3 On April 18, 2023, Petitioner was granted authority by Order of the Court to 2 administer the Estate without court supervision under the Independent Administration of Estates 3 Act. His authority has not been revoked. 4 Notice of the Petition to Administer Estate has been published for the period and 4567009 in the manner prescribed by law, the first publication being made on March 15, 2023. S Notice of this proceeding with a copy of Decedent's Death Certificate was mailed to the Director of Health Care Services in the manner prescribed by law under Probate Code §9202. Other than taxes otherwise addressed in this Petition, Petitioner has no reason to believe that any public entities have any basis for making a claim against this Estate, except the 10 Department of Health Care Services which filed a claim in this proceeding on June 20, 2023. 11 Said claim is addressed in this Petition. 12 6 Notice to the Director of California Victim Compensation and Government 13 Claims Board is not required, because neither the Petitioner nor Petitioner's Attorney has any 14 knowledge of an heir or beneficiary being held in any prison, jail, or other correctional facility. 15 7 The notice required by Probate Code §9202 was served on the Franchise Tax 16 Board on April 25, 2023, by mailing a copy of a completed Notice to Creditors to the Franchise 17 Tax Board with a copy of Decedent's Certificate of Death. 18 8 No one has filed a request for Special notice in this proceeding. 19 9 On July 5, 2023, Petitioner filed a Partial No. 1, Inventory and Appraisal showing 20 the value of assets in the Estate to be $290,000.00. On August 14, 2023, Petitioner filed a Final 21 Inventory and Appraisal showing the value of additional assets in the Estate to be $87,505.81. 22 Petitioner alleges that such inventories totaling $377,505.81 contain all the assets of the Estate 23 that have come to Petitioner's knowledge or into his possession. 24 10. The Estate consists entirely of the Decedent's separate property. 25 11. DONALD RIDDLE, the person entitled to distribution of all of the Estate, waives 26 an account by Petitioner, and the waiver is attached as Exhibit A. 27 ' 12. There are no unusual account expenditures, Probate Code Section 1064(a)(2). 28 PAGE 2 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordinary Services l 13. No compensation has been paid to the Petitioner or to the Petitioner's attorney 2 during the account period other than pursuant to a prior court order, Probate Code 34567009 Section1064(a)(3). 14. During the account period, Petitioner has not hired any person or entity who has a relationship to Petitioner or to Petitioner's attorney, Probate Code Section 1064(a)(4). 15. All investments were authorized and proper investments under the provisions of the Will and the laws of California and were made, retained and changed for the best interests of the Estate and all persons interested therein. Petitioner has kept all cash of the Estate in interest- 10 bearing accounts or other investments authorized by law except amounts needed to administer 11 the Estate, Probate Code Section 1064(a)(5). 12 16. Petitioner took the following actions without Court supervision afier waiving his 13 right to a Notice of Proposed Action as sole beneficiary: 14 A On or about June 6, 2023, the Executor accepted the offer to sell Estate real 15 16 property known as 2705 San Jose Street, Chico, CA, APN: 006-044-010-000, for the amount of $290,000.00. 17 l7. The Petitioner has made all reasonable efforts to ascertain all creditors of the l8 19 Decedent. More than four months have elapsed since the issuance of Letters. The time for 20 filing and presenting creditor's claims expired on August 18, 2023. 21 18. The Estate is solvent. All expenses of administration except closing expenses 22 and attomey fees have been paid. The following creditor's claim was allowed and paid: 23 Claimant Nature of Date Claim Amount Date Paid 24 Claim Filed Claimed 25 Department of Skilled June 20, 2023 $19,648.95 July 12, 26 Health Care Nursing 2023 Services Services at 27 Windsor Chico Creek 28 Care Center PAGE 3 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordinary Services l 2 The Dismissal of Creditor's Claim and Withdrawal of Request for Special Notice will be filed 3 prior to the hearing on this Petition. 4567009 19. No California Estate tax is due or payable since the size of Decedent's Estate does not warrant such taxes. No federal Estate taxes are due since the size of Decedent's Estate does not warrant such taxes. 20. No California or federal income taxes are due or payable by the Estate. 21. No personal property taxes are due or payable by the Estate. 10 22. More than 4 months have elapsed since the issuance of letters. Notice of 11 administration has been given to creditors as required by law. The time for filing and serving 12 creditor's claims has expired. Petitioner has performed all required duties as Executor of the 13 Decedent's Estate. The Estate is in a condition to be closed. 14 23. A list of the assets of the Estate on hand on July 31, 2023 are shown on Exhibit 15 16 B attached hereto and incorporated by this reference. 17 24. Petitioner requests authorization to withhold approximately $3,000.00 for closing 18 expenses and as a reserve for any liabilities that may hereafier be determined to be due fiom the 19 Estate. Petitioner further requests authorization to distribute the balance of the reserve account 20 to DONALD RIDDLE without further Court order. 21 25. In Decedent's Will, Decedent named her sister, Flossie Riddle as beneficiary. 22 23 However, Ms. Riddle predeceased the decedent, with a date of death of August 18, 2003. 24 Petitioner is informed and believes and therefore alleges that the following is the Decedent's 25 beneficiary under the Decedent's Will dated February 22, 1996: 26 DONALD RIDDLE, adult nephew, 1286 Dogwood Lane, North Vernon, IN 47265 27 26. No advance distributions have been made. 28 PAGE 4 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys i'or Ordinary Services l 27. The Decedent died testate. The propefly of the Estate, together with any other 2 property of the Decedent not now known or discovered, should be distributed as follows: 34567009 A To DONALD RIDDLE: 1 Cash in the amount of THREE HUNDRED FIVE THOUSAND THREE HUNDRED SIXTY-F OUR DOLLARS AND FOUR CENTS ($305,3 64.04) 28. Petitioner hereby waives all rights to statutory compensation as Executor. 29. The Attorneys for the Executor have rendered valuable services to the Estate and statutory compensation should be allowed. The statutory Attorney's compensation for ordinary 10 services is $10,550.11 computed on a fee base of $377,505.81 arrived at as follows: 11 FEE BASE 12 Partial No. l Inventory and Appraisal $290,000.00 13 Final Inventory and Appraisal $87,505.81 14 Gains on Sales $0.00 15 16 Losses on Sales ($0.00) 17 Fee Base $377,505.81 18 FEE COMPUTATION 19 4% of the first $100,000.00 $4,000.00 20 3% of the next $100,000.00 $3,000.00 2% of the next $177,505.81 $3,550.11 21 22 Total Fee $10,550.11 23 30. Attorneys HARRIS & PLOTTEL, LLP, seek reimbursement in the amount of 24 $1,191.72 for costs advanced in the administration of the Estate as described below: 25 Costs 26 27 Filing, Certification Fees, & e-filing costs $1,191.72 28 Total $1,191.72 PAGE 5 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordinary Services 1 2 31. Any other property of the Estate not now known or discovered that may belong 3 to the Estate or in which the Decedent or the Estate may have any interest should be distributed 4567009 to DONALD RIDDLE without Court Order. WHEREFORE, Petitioner requests this Court to order that: l. The administration of this Estate be closed without the requirement of an account; 2. All the acts and proceedings of the Petitioner as Executor be confirmed and approved; 10 3. Petitioner be authorized and directed to pay to HARRIS & PLOTTEL, LLP, the ll sum of $10,550.11 as the unpaid statutory Attorney fees; 12 4. Petitioner be authorized and directed to reimburse HARRIS & PLOTTEL, LLP, l3 , thesum of $1,191.72 for costs advanced; ' l4 n "Ix. 6. Petitioner be authorized to withhold approximately $3,000.00 in cash for Estate 15 16 closing expenses and to deliver the unused part to the beneficiaries of the Estate, as set forth in l7 the petition, without further Court order, after the closing expenses have been paid; 18 7. Distribution of the Estate in Petitioner's hands and any other property of the 19 Decedent or the Estate not now known or discovered that may belong to the Estate or in which 20 the Decedent or the Estate may have any interest be made to the persons entitled to it, as set forth 21 in the petition; and that 22 8. Such further order be made as the Court considers proper. 23 24 Dated: 5676413612 .28, 2023 25 26 D NALD RIDDLE I 27 Petitioner 28 PAGE 6 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordinary Services 1 Dated October 2 2023 2 3 MJ G. KEVIINI 4567009 HARRIS & PLOTTEENLLP, Attorneys for Petitioner 10 ll 12 13 14 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 PAGE 7 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordnnary benices 1 VERIFICATION 2 I, the undersigned declare: 3 I am the Executor of the above-captioned matter. I have read the Petition and know its contents, which are true to my own knowledge, except for those matters which are therein are 4567009 stated on my 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 is true and correct and that this Declaration was executed on the fi, day of 35/76/73 E. K, 2023, aMLRTH l/Ekfiadndiana. 10 floral} M m. DONALD RIDDLE, Petitioner 11 12 13 -14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PAGE 8 First and Final Report of Executor on Waiver of Account and Petition for Final Distribution and for Allowance of Compensation to Attorneys for Ordinary Services 1 EXHIBIT A WAIVER OF ACCOUNT 234567009 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Nicole R. Plottel, SBN 245446 G. Kevin Lachona, SBN 286072 2 HARRIS & PLOTTEL, LLP 466 Vallombrosa Avenue 3 Chico, CA 95926 (530)893-2882 4567009 Attorneys for Petitioner, DONALD RIDDLE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 ll In re the Estate of: ) Case Number 23PR00120 ) 12 VIVA G. HARRISON, ) WAIVER OF ACCOUNT BY ) DISTRIBUTEE l3 Decedent. ) [Probate Code § 10954] ,_ .14 "\ ""\ ' ' ) ) ~ ~ 15 ) ) l6 ) l7 18 I, DONALD RIDDLE, as sole beneficiary of the Estate of VIVA G. HARRISON, arn a 19 competent adult and as such, do hereby waive the filing and settlement of a final account by 20 DONALD RIDDLE, as Executor of the Estate of VIVA G. HARRISON. 21 22 Dated: 55107501 668 .29 ,2023 23 24 25 DONALD RIDDLE 26 27 28 PAGE l Waiver of Account EXHIBIT B 123456 ASSETS ON HAND AS OF JULY 31, 2023 l. First Financial Bank Account #XXXXXX9315 in the amount of $320,105.87 7009 10 11 12 l3 14 15 16 17 18 19 222 01 1 2 23 24 25 26 27 28