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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
ALBREKTSON & SHUMATE LLP SAN BERNARDINO DISTRICT
CHRISTOPHER A. SHUMATE, BAR NO. 238094
1801 ORANGE TREE LANE, SUITE 230
“5/2024 351 8 AM
REDLANDS: CA 92374 By: Taylor McKernan, DEPUTY
TELEPHONE: (909) 335-9658 FACSIMILE: (909) 335—9489
ATTORNEY FOR IRENE G. MADRID
\OWQQUIAWNH
IN THE SUPERIOR COURT 0F THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN BERNARDINO
(SAN BERNARDINO JUSTICE CENTER - PROBATE DIVISION)
IN RE: CASE NO.: PROSBZIOOZ47
230
LLP
HI—IHHr-Ir-I
SUPPLEMENT FIRST FOR FIRST AND
FINAL REPORT OF ADMINISTRATOR
STE
UI-thr-tc
THE ESTATE OF JULIO PABLO MADRID ,
92374
SHUMATE LANE,
Decedent.
Date: January 11, 2024
CA
Time: 9:00 a.m.
& TREE
Dept: Fl
REDLANDS.
ORANGE fla 1. This Supplement First For First And Final Report of Administrator is filed to respond to probate
ALBREKTSON
H \l
notes as follows:
1801
2. “ACCOUNT STATEMENTS: NEED PER LOCAL RULE 20-908”
a. Bank Statement from the Estate account ending in 6074, held at JPMorgan Chase Bank,
was included in the First and Final Petition filed with the Court on August 14, 2024 as
N
Attachment 4. Please see Attachment A.
///
///
///
///
///
NNNNNNN
///
///
///
///
_ 1 _
SUPPLEMENT FIRST FOR FIRST AND FINAL REPORT OF ADMINISTRATOR
fl 3. “STATUTORY FEES REQUESTED BY ATTORNEY AND PERSONAL
REPRESENTATIVE: $12,306.43. [CALCULATION—P.8]. HOWEVER,
COMPUTATION DOES NOT INCLUDE LOSSES TOTALING $45,800. NEED RE-
CALCULATION VIA VERIFIED SUPPLEMENT”
a. The loss that is referred to by the probate examiner is the fact that two vehicles were given
©®QGUI£WN
back to the lenders since the vehicles were worth less than what was owed on each ofthem.
b. This is not a loss.
c. Probate Code sections 10800(b) and 1081 O(b) states, “the value ofthe estate accounted for
by the personal representative [when determining compensation] is the total amount of the
appraisal of property in the inventory, plus gains over the appraisal value on sales, plus
receipts, less losses fiom the appraisal value on sales, without reference to encumbrances
or other obligations on estate property.”
LLP
230 d. The vehicles were not sold at a loss of $0 to third parties. They were not gifled away. They
HHI—IHh—II—I
STE
were given to lenders who had a legal right to take possession of them.
92374 UIAmNH:
SHUMATE LANE,
e. It would have made no sense for Petitioner to hold onto the vehicles or to try t0 sell them
CA
because the vehicles had more owing on them than what they were worth. If Petitioner had
& TREE
attempted to pay off the loans so they could be sold or distributed, then Petitioner would
REDLANDS.
have been in breach of her fiduciary duties by wasting estate assets due to the balance on
ORANGE H¢
ALBREKTSON
the loans.
H \l
1801
f. Petitioner requests that the $45,800 not be deemed as a loss and the plain language of
Sections 10800 and 10810 be followed.
g. Petitioner requests $12,306.43 be allowed as compensation.
DATED: "If ,
001‘}
’
L&WLMM
IRENE G. MADRID,
Petitioner
@fl flu}
NNNNNNNNHH
N$UIAMNchw
DATED: J/r'n 9’ , Mk7 ISTOPHER A. SHUMATE,
Attorney for Petitioner
Na
-2.
SUPPLEMENT FIRST FOR FIRST AND FINAL REPORT OF ADMINISTRATOR
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Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO ALBREKTSON & SHUMATE LLP SAN BERNARDINO DISTRICT CHRISTOPHER A. SHUMATE, BAR NO. 238094 1801 ORANGE TREE LANE, SUITE 230 “5/2024 351 8 AM REDLANDS: CA 92374 By: Taylor McKernan, DEPUTY TELEPHONE: (909) 335-9658 FACSIMILE: (909) 335—9489 ATTORNEY FOR IRENE G. MADRID \OWQQUIAWNH IN THE SUPERIOR COURT 0F THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO (SAN BERNARDINO JUSTICE CENTER - PROBATE DIVISION) IN RE: CASE NO.: PROSBZIOOZ47 230 LLP HI—IHHr-Ir-I SUPPLEMENT FIRST FOR FIRST AND FINAL REPORT OF ADMINISTRATOR STE UI-thr-tc THE ESTATE OF JULIO PABLO MADRID , 92374 SHUMATE LANE, Decedent. Date: January 11, 2024 CA Time: 9:00 a.m. & TREE Dept: Fl REDLANDS. ORANGE fla 1. This Supplement First For First And Final Report of Administrator is filed to respond to probate ALBREKTSON H \l notes as follows: 1801 2. “ACCOUNT STATEMENTS: NEED PER LOCAL RULE 20-908” a. Bank Statement from the Estate account ending in 6074, held at JPMorgan Chase Bank, was included in the First and Final Petition filed with the Court on August 14, 2024 as N Attachment 4. Please see Attachment A. /// /// /// /// /// NNNNNNN /// /// /// /// _ 1 _ SUPPLEMENT FIRST FOR FIRST AND FINAL REPORT OF ADMINISTRATOR fl 3. “STATUTORY FEES REQUESTED BY ATTORNEY AND PERSONAL REPRESENTATIVE: $12,306.43. [CALCULATION—P.8]. HOWEVER, COMPUTATION DOES NOT INCLUDE LOSSES TOTALING $45,800. NEED RE- CALCULATION VIA VERIFIED SUPPLEMENT” a. The loss that is referred to by the probate examiner is the fact that two vehicles were given ©®QGUI£WN back to the lenders since the vehicles were worth less than what was owed on each ofthem. b. This is not a loss. c. Probate Code sections 10800(b) and 1081 O(b) states, “the value ofthe estate accounted for by the personal representative [when determining compensation] is the total amount of the appraisal of property in the inventory, plus gains over the appraisal value on sales, plus receipts, less losses fiom the appraisal value on sales, without reference to encumbrances or other obligations on estate property.” LLP 230 d. The vehicles were not sold at a loss of $0 to third parties. They were not gifled away. They HHI—IHh—II—I STE were given to lenders who had a legal right to take possession of them. 92374 UIAmNH: SHUMATE LANE, e. It would have made no sense for Petitioner to hold onto the vehicles or to try t0 sell them CA because the vehicles had more owing on them than what they were worth. If Petitioner had & TREE attempted to pay off the loans so they could be sold or distributed, then Petitioner would REDLANDS. have been in breach of her fiduciary duties by wasting estate assets due to the balance on ORANGE H¢ ALBREKTSON the loans. H \l 1801 f. Petitioner requests that the $45,800 not be deemed as a loss and the plain language of Sections 10800 and 10810 be followed. g. Petitioner requests $12,306.43 be allowed as compensation. DATED: "If , 001‘} ’ L&WLMM IRENE G. MADRID, Petitioner @fl flu} NNNNNNNNHH N$UIAMNchw DATED: J/r'n 9’ , Mk7 ISTOPHER A. SHUMATE, Attorney for Petitioner Na -2. SUPPLEMENT FIRST FOR FIRST AND FINAL REPORT OF ADMINISTRATOR