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Bulletin CUUIIUI Califtrllill.
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10/2/2023
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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' fluepm
466 Vallombrosa Avenue
HI.
3 Chico, CA 95926
(530)893-2882
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Attorneys for Petitioner, DONALD RIDDLE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
9D IN AND FOR THE COUNTY OF BUTTE
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In re the Estate of: Case Number 23PR00120
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VIVA G. HARRISON, FIRST AND FINAL REPORT OF
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EXECUTOR ON WAIVER OF
13 Decedent. ACCOUNT AND PETITION FOR FINAL
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.0... . --~ DISTRIBUTION AND FOR
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ALLOWANCE OF' COMPENSA'I'ION
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15 TO ATTORNEYS FOR ORDINARY
SERVICES
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Date of Hearing: November 2 1 , 2023
l7 Time of Hearing: 9:00 AM
l8 Department: Probate
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DONALD RIDDLE, Executor of the Estate of VIVA G. HARRISON, alleges:
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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
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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
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he has been and now is the Executor of the Estate.
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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 His authority has not been revoked.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
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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.
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12. There are no unusual account expenditures, Probate Code Section 1064(a)(2).
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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
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during the account period other than pursuant to a prior court order, Probate Code
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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-
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bearing accounts or other investments authorized by law except amounts needed to administer
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the Estate, Probate Code Section 1064(a)(5).
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16. Petitioner took the following actions without Court supervision afier waiving his
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right to a Notice of Proposed Action as sole beneficiary:
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A On or about June 6, 2023, the Executor accepted the offer to sell Estate real
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property known as 2705 San Jose Street, Chico, CA, APN: 006-044-010-000, for the amount of
$290,000.00.
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l7. The Petitioner has made all reasonable efforts to ascertain all creditors of the
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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
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and attomey fees have been paid. The following creditor's claim was allowed and paid:
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Claimant Nature of Date Claim Amount Date Paid
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Claim Filed Claimed
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Department of Skilled June 20, 2023 $19,648.95 July 12,
26 Health Care Nursing 2023
Services Services at
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Chico Creek
28 Care Center
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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
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2 The Dismissal of Creditor's Claim and Withdrawal of Request for Special Notice will be filed
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prior to the hearing on this Petition.
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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
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administration has been given to creditors as required by law. The time for filing and serving
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creditor's claims has expired. Petitioner has performed all required duties as Executor of the
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Decedent's Estate. The Estate is in a condition to be closed.
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23. A list of the assets of the Estate on hand on July 31, 2023 are shown on Exhibit
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16 B attached hereto and incorporated by this reference.
17 24. Petitioner requests authorization to withhold approximately $3,000.00 for closing
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expenses and as a reserve for any liabilities that may hereafier be determined to be due fiom the
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Estate. Petitioner further requests authorization to distribute the balance of the reserve account
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to DONALD RIDDLE without further Court order.
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25. In Decedent's Will, Decedent named her sister, Flossie Riddle as beneficiary.
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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
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26. No advance distributions have been made.
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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
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property of the Decedent not now known or discovered, should be distributed as follows:
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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:
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FEE BASE
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Partial No. l Inventory and Appraisal $290,000.00
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Final Inventory and Appraisal $87,505.81
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Gains on Sales $0.00
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16 Losses on Sales ($0.00)
17 Fee Base $377,505.81
18 FEE COMPUTATION
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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
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22 Total Fee $10,550.11
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30. Attorneys HARRIS & PLOTTEL, LLP, seek reimbursement in the amount of
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$1,191.72 for costs advanced in the administration of the Estate as described below:
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Costs
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Filing, Certification Fees, & e-filing costs $1,191.72
28 Total $1,191.72
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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
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2 31. Any other property of the Estate not now known or discovered that may belong
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to the Estate or in which the Decedent or the Estate may have any interest should be distributed
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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;
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4. Petitioner be authorized and directed to reimburse HARRIS & PLOTTEL, LLP,
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, thesum of $1,191.72 for costs advanced;
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6. Petitioner be authorized to withhold approximately $3,000.00 in cash for Estate
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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
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Decedent or the Estate not now known or discovered that may belong to the Estate or in which
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the Decedent or the Estate may have any interest be made to the persons entitled to it, as set forth
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in the petition; and that
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8. Such further order be made as the Court considers proper.
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24 Dated: 5676413612 .28, 2023
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D NALD RIDDLE
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Petitioner
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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
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MJ
G. KEVIINI
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HARRIS & PLOTTEENLLP,
Attorneys for Petitioner
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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
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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.
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DONALD RIDDLE, Petitioner
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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
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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
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Attorneys for Petitioner, DONALD RIDDLE
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
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ll In re the Estate of: ) Case Number 23PR00120
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12 VIVA G. HARRISON, ) WAIVER OF ACCOUNT BY
) DISTRIBUTEE
l3 Decedent. ) [Probate Code § 10954]
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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.
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22 Dated: 55107501 668 .29 ,2023
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DONALD RIDDLE
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Waiver of Account
EXHIBIT B
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ASSETS ON HAND AS OF JULY 31, 2023
l. First Financial Bank Account #XXXXXX9315 in the amount of $320,105.87
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