Motion for Final Distribution in Estate of Kuehne, Mark Andrew| Trellis.Law

On November 14, 2022 a First and Final Report of Administrator on Waiver of Accounting and Petition for Final Distribution - Final Accounting, Report, Fees and Final Distribution was filed involving a dispute between Phillips, Chelsea Marie Kuehne, and for Decedent's Estate in the District Court of Butte County.

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SVETLANA OSOKINA, ESQ. SBN336696
MEISSNER JOSEPH RUGGLES, INC.
1555 River Park Drive, ¹108 3/15/2024
Sacramento, CA 95815
Telephone: (916) 920-5983
Fax: (916) 920-9379
4 Email: osokina&clawofficeinc.corn

Attorney for CHELSEA MARIE KUEHNE PHILLIPS, Personal Representative

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10

Estate of: ) Case No. 22PR00612
)
12 MARK ANDREW KUEHNE, ) FIRST AND FINAL REPORT OF
) ADMINISTRATOR ON WAIVER OF
Deceased. ) ACCOUNTING AND PETITION FOR ITS
14 ) SETTLEMENT, FOR PAYMENT OF
) COMMISSION TO ADMINISTRATOR,
) FOR FEES TO THE ATTORNEY AND
) FOR FINAL DISTRIBUTION
16
)
17 ) Date: April 23, 2024
) Time: 9:00 am
18 ) Dept: I

19 Petitioner, CHELSEA MARIE KUEHNE'HILLIPS, Administrator with Will
zo Annexed of the Estate of the Decedent, alleges:
21 1. Date and Place of Death. The Decedent died testate on October 3, 2022, in the
22 County of Butte, State of California, and was a resident of that County.
23 2. Order Annointina Executor; Letters Issued. Decedent's Will dated May 2,

24 2005, was admitted to probate on December 20, 2022. Petitioner qualified as Administrator
zs with Will Annexed of the Estate of the Decedent and Letters of Administration were issued to
26 Petitioner on December 20, 2022. At all times since then, Petitioner has been and now is the
27 duly qualified Administrator with Will Annexed of the Estate.
28
1 3. Authoritv to Act Under the Indenendent Administration of Estates Act. On
December 20, 2022, Petitioner was granted authority by the Order of this Court to administer
3 the Estate without court supervision under the Independent Administration of Estates Act.
4 This authority has not been revoked.
3 4. Status of Estate. Petitioner has performed all required duties as Administrator
of the Estate of the Decedent. All costs of administration incurred to date have been paid by
7 the Petitioner, and the Estate is in a condition to be closed.
8 5. Notice of Pronosed Action. Petitioner took the following action without court
9 supervision which required notice of proposed action to all interested parties. On or about July
io 14, 2023, Petitioner sold the real property commonly known as 1454 6'" Avenue in Oroville,

Butte County, California, 95965 APN: 012-121-007-000 to Kayla C. Nunez and Jasen A.
12 Nunez. Waivers of Notice of Proposed Action signed by the beneficiaries were filed with the
13 Court on April 13, 2023. The property was sold for the sum of $ 190,000. The estate received
i4 $ 23,196.45 as proceeds from the sale of the proceeds after paying off mortgage, escrow
is charges and realtors'ommission. A copy of the Final Settlement Statement is attached as
i6 Exhibit 1. Said sale should be confirmed.

17 6. Probate Code 68 1061, 1062. 1063 and 1064. Pursuant to Probate Code
is ($ 1061, 1062, 1063 and 1064, during the period of this account;
19 (a) There was no additional property received;

20 (b) There was no income from a trade or business and therefore there is no
net income or net loss from a trade or business;
22 (c) There have been no distributions to the beneficiaries;
23 (d) There have been no payments to the Petitioner or her attorney for their
24 services to the Estate;
25 (e) There are no liabilities of the Estate: and
26 (fl There was no family or affiliate relationship between Petitioner and
27 anybody hired by them.
28 7. Creditor's Claims.
1 7.1 Notice to Creditors. Petitioner have made all reasonable efforts to
ascertain creditors of the Decedent. Notice of Administration to Creditors was sent to all
3 ascertainable creditors on March 3, 2023. More than four months have elapsed since the date
4 letters were first issued. The time for filing creditors'laims expired on May 3, 2023.
7.2 No Debts Paid Without Creditors'laims. No creditors have been

paid except those creditors who have properly filed and served formal claims.
7 7.3 Status of Claims. The following is the cutrent status of all filed claims:

Name Date Filed Amount Nature of Claim Action Taken
Claimed
10
JP Morgan Chase Accepted for
Bank, NA 03/06/2023 $ 484.30 Credit Card $ 382.67; Paid

12 The Estate is solvent.
13 8. Liabilities. There are no known or expected liabilities against the Estate at this
14 time except for statutory fees and reimbursement of costs.
9. Inventorv and Annraisal. A Final Inventory and Appraisal of the Estate is
16 being filed concurrent with this Petition, showing a partial value of the Estate to be $ 2,753.50.
1'1 An Inventory and Appraisal, partial no. 1 was filed on March 13, 2023, showing a partial value
is of $ 114,500. Petitioner alleges that such inventories totaling $ 117,253.50, include all of the
19 assets of the Estate that has come to Petitioner's knowledge or into her possession.
20 10. Summarv of Account. This Petition is brought on Waiver of Accounting and
21 no summary of account is included. Signed Waivers of Accounting signed by the beneficiaries
22 of the Estate are attached as Exhibit 2.
23 11. Cash Invested in Interest-Bearinu Accounts. Any surplus cash was kept in
24 interest bearing accounts.
23 12. Federal and California Estate Taxes. No federal or California estate tax
26 return has been or will be filed, because the Estate is of insufficient size to require one.
27 13. Income Taxes. All California and federal income taxes due and payable by the
28 Estate have been paid.
1 14. Pronertv Taxes. There are no personal or real property taxes due or payable by
2 the Estate.
3 15. Character of Estate. The Estate consists entirely of the separate property of
4 the Decedent.
5 16. Pronertv on Hand for Distribution. The property on hand in the Estate for
6 distribution, pursuant to the Laws of Intestacy, is set forth on Exhibit 3.
7 17. Personal Pronertv Distribution. Other than as shown on Exhibit I, there is no
s personal property to distribute.
9 18. Pronosed Distribution. Pursuant to the Laws of Intestacy the property on hand
io in the Estate for distribution should be distributed as set forth on Exhibit 4.
19. Statutorv Comnensation. The statutory attorneys'ees and the Administrator
12 commissions payable to each, for their ordinary services would be $ 6,902.60 computed on a
13 fee base calculated below.
14 FEE BASIS
Inventory and Appraisal: $ 117,253.50
15
Income receipts: 0.00
16 Gains on Sales: 80,000.00
Losses on Sales: (500.00)
17 Total Estate Accounted For: $ 196,753.50

FEE COMPUTATION
4% on first $ 100,000.00: 4,000.00
19
3% on next $ 96.753.50: 2.902.60
20 $ 196,753.50 $ 6,902.60

21 Detailed Gains and Losses are set forth on Exhibit 5.

20. Administrator's Commission. Petitioner shall be entitled to $ 6,902.60 for her work
as Administrator of this Estate.
24 21. Attornev's Fees - Ordinarv. MEISSNER JOSEPH RUGGLES, INC. agreed
to be paid a reduced fee of $ 3,500.
26 22. Attornev's Fees - Extraordinarv. There is no request for extraordinary

attorney fees at this time.
28
1 23. Reimbursement of Costs. MEISSNER JOSEPH RUGGLES, INC. should be
reimbursed for costs in the amount of $ 2,150.90 advanced by them on behalf of the Estate as
3 shown on Exhibit 6.
4 24. Comnliance with Probate Code 89201 — Medi-Cal. The Decedent during his
3 lifetime, did not receive, nor was entitled to receive, health care under the provisions of
6 Chapter 7 or Chapter 8, Part 3, Division 9, Welfare and Institutions Code. Notice of the
Decedent's death was sent to the Department of Health Care Services on January 5, 2023. The
s Department notified counsel on January 24, 2023 that it would not be filing a creditor's claim
9 against the Estate.
25. Comnliance with Probate Code 89202 — Victim Comnensation. Notice to
the Director of California Victim Compensation Board under Probate Code I'19202(a) is not
required, because neither petitioner nor petitioner's attorney has any knowledge of an heir or
13 beneficiary being held or previously confined in a prison or facility under the jurisdiction of the
14 Department of Corrections and Rehabilitation or confined in any county or city jail, road camp,
13 industrial farm, or other local correctional facility.
16 26. Comnliance with Probate Code 89202 — Franchise Tax Board. Notice was
17 provided to the California Franchise Tax Board pursuant to Probate Code I19202(c)(l) on
is January 5, 2023. No Creditor's Claim has been filed.
19 27. Interested Parties: Heirs; Entitled to Notice. The names and addresses of
20 those persons whose interests in the Estate are affected by this Petition, and those persons
entitled to notice of hearing of this Petition, are as follows:
22 Name and Address Status
Chelsea Marie Kuehne Phillips Daughter
23
2540 La Lorna Drive
24 Rancho Cordova, CA 95670

Sonja Lucas Daughter
105 D Street
26
Wheatland, CA 95692
27
Andrew J. Kuehne Son
28 2228 0 Street
Sacramento, CA 95816

28. Reuuest for Snecial Notice. No one has filed request for special notice.

4 WHEREFORE, Petitioner requests this Court to order that:
6 1. The administration of this Estate be brought to a close without the requirement
6 of a full accounting;
7 2. All acts and transactions as reported by the Administrator of the Estate of the
8 Decedent in this Petition be confirmed and approved;
9 3. Petitioner be authorized and directed to pay herself, CHELSEA MARIE
io KUEHNE PHILLIPS $ 6,902.60 for her work as Administrator;
4. Petitioner be authorized and directed to pay MEISSNER JOSEPH RUGGLES,
INC. $ 3,500 as attorneys'ees for the ordinary services rendered to Petitioner and to this

13 Estate;
14 5. Petitioner be authorized and directed to pay MEISSNER JOSEPH RUGGLES,
is INC. $ 2,150.90 as reimbursement for costs advanced by said attorneys on behalf of the Estate;
l6 6. Distribution of the residue of the Estate and any other property of the Decedent
or the Estate not now known or discovered be made to the persons entitled, pursuant to the

l8 Law of Intestacy, as set forth on Exhibit 4; and that
19 7. Such further orders be made as the Court consid rs proper.

6, 2024
20

21
DATED: March
CW
CHELSEA44ARIE KUEHNE PHILLIPS,
22 Administrator with Will Annexed

24
MEISSNE
26

27
SVE ANA OS kINA, Attorney for Petitioner
28
VERIFICATION

I, CHELSEA MARIE KUEHNE PHILLIPS, the Petitioner in this matter, declare that I

have read the foregoing Petition, and know the contents thereof; and I certify that the same is
true of my own knowledge, except as to the matters which are therein stated upon my
information or belief, and as to those matters I believe it 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 Verification was signed by us at Rancho Cordova,
10
California, this A day of March, 2023.

13
CHELSE/MARfE KUEHNE PHILLIPS

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ESTATE OF KUEHNE
l
CASE NUMBER 22PROO612
22PR00612
EXHIBIT I 1

3 Final Settlement Statement

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17

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ALTA Settlement Statement - Seller]
Adopted 05-01-2015 f

File Noc 0401-7003750 Mid Valley Title & Escrow Company r sf ca'r
Printed: 07/14/2023, 3;17 PM gs o
OfFicer/Escrow Officer: Heidi Gomez/«w 601 Main Street ~ Chico, CA 95928
Phone: (530)893.5644 Fax: (866)739-4927
Settlement Location:
Final Settlement Statement
601 Main Street, Chico, CA 95928

Property Address: 1454 6th Avenue, Oroville, CA 95965
Buyer: Kayla C. Nunez, Iasen A. Nunez
5eller: Mark Kuehne Estate
Lender: Guild Mortgage Company LLC
Settlement Date: 07/14/2023
Disbursement Date: 07/14/2023

Seller
Description Debit Credit
Financial
Sale Price 190,000.00

Prorations/Adjustments
County Taxes 07/01/23 to 07/14/23 CBS1,073.55/semi 77.53
Seller Credit 10,000.00

Title Charges & Escrow / Settlement Charges
Title - Owner's Title Insurance 504.00
Eagle Owner's Policy to Mid Valley Title & Escrow Companv
Title - Recording Service 3.00
Recording Services to Mid Valley Title & Escrow Company
Title - Escrow Fee 487.50
Escrow Fee -One Half to Mid Valley Title & Escrow Company
Title - Notary/Signing Fee 130.00
Notary/Signing Fee to Mid Valley Title lk Escrow Company

Commission
Real Estate Commission to EXP Realty of California, Inc. 5,700.00
Real Estate Commission to Parkway Real Estate Company 4,750.00

Government Recording and Transfer Charges
Record Letters of Administration 21.00
County Documentary Transfer Tax to Butte County Recorder 209,00

Payoff(s) and Payment(sj
NewRez
Principal Balance to NewRez 141,213.18
Release Fee to NewRez 186.00
Fees to NewRez 75.90
Int Per Demand to 07/19/2023 I 5 11.57/day to NewRez 560.08

This is a summary of the closing transaction prepared by Mid Valley Title & Escrow Company This document is not Intended to repls«e the Closing
Oisdosure form.

copyright 2015 American Land Title Association. File 4 0401 7003750
Ail rights reserved Page sot 2 Printed on 07/14/2023 st 3:17 PM
Seller
Description Debit Credit
Miscellaneous
Residential NI40 Report to Property ID 99.00
Reimbursement for Services to The NorCal Ufe Real Estate 823. 78
Repair Work/Paint to Craig Construction Co. 1,550.00
1st Installment SupplementalTaxes 2021-2022 to Butte County Tax Collector 206.79
2nd Installment Supplemental Taxes 2021-2022 to Butte County Tax Collector 206.79

Subtotals 166,803.55 190,000.00
Due To Seller 23,196.45
Totals 190,000.00 190,000.00

This is a summary of the closing transaction prepared by Mid valley Title Is Escrow company. This document is not Intended to replace the closing
Disclosure form.

Copynght 2015 American Land Title Association. File ¹ 0401-7003750
Aa rights reserved Page 2 of 2 Printed on 07/14/2023 at 3:17 PM
ESTATE OF KUEHNE
1
CASE NUMBER 22PR00612
EXHIBIT 2

Waivers of Accounting

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18

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19

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SVETLANA OSOKINA, ESQ. SBN: 336696
MEISSNER JOSEPH RUGGLES, INC.
1555 River Park Dr., 11108
Sacramento, CA 95815
Telephone: (916) 920-5983
Fax; (916) 920-9379
4 Email: osokinaSlawofficeinc.corn
5
Attorney for CHELSEA MARIE KUEHNE PHILLIPS, Personal Representative
6

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10

Estate of: ) Case No.: 22PR00612
)
12
) WAIVER OF ACCOUNTING
)
MARK ANDREW KUEHNE, )
)
14 Deceased. )
15

16 I, CHELSEA MARIE KUEHNE PHILLIPS, am a beneficiary of the Estate of Mark
Andrew Kuehnc. I waive the requirement that I, as Personal Representative, present an
accounting of the administration of the Estate of Mark Andrew Kuehne.
19 I declare under penalty of perjury and the laws of the State of California that the
foregoing is true and correct. Signed by me this I1 day of VC bI"t&t'I fig, 2024 at

Rancho Cordova, California.
22

23
CHELWEArMARIE IK1EHNE PHILLIPS
24

4867-9542-0322, v. 1
SVETLANA OSOKINA, ESQ. SBN: 336696
MEISSNER JOSEPH RUGGLES, INC.
1555 River Park Dr., ¹108
Sacramento, CA 95815
Telephone: (916) 920-5983
Fax: (916) 920-9379
Email: osokina(klawofftceinc.corn
5
Attorney for CHELSEA MARIE KUEHNE PHILLIPS, Personal Representative
6

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10

Estate of: ) Case No.: 22PR00612
)
12 ) WAIVER OF ACCOUNTING
)
13 MARK ANDREW KUEHNE,
)
)
14 Deceased. )
15

16 I, SONJA LUCAS, am a beneficiary of the Estate of Mark Andrew Kuehne. I waive the

requirement that Chelsea Marie Kuehne Phillips, as Personal Representative, present an
18 accounting of the administration of the Estate of Mark Andrew Kuehne.
19 I declare under penalty of perjury and the laws of the State of California that the
foregoing is true and correct. Signed by me this 10 day of V~ct4v'u , 2024 at
J
Wheatland, California.
22

23
S678A LUCAS
24

Attorney for CHELSEA MARIE KUEHNE PHILLIPS, Personal Representative
6

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10

Estate of: ) Case No.: 22PR00612
)
12 ) WAIVER OF ACCOUNTING
)
13 MARK ANDREW KUEHNE, )
)
14 Deceased. )
16

16 I, ANDREW J. KUEHNE, am a beneficiary of the Estate of Mark Andrew Kuehne. I

waive the requirement that Chelsea Marie Kuehne Phillips, as Personal Representative, present
an accounting of the administration of the Estate of Mark Andrew Kuehne.
19 I declare under penalty of perjury and the laws of the State of California that the
foregoing is true and correct. Signed by me this 17 day of 6,70rt7r,/ r,, 2024 at

Sacramento, California.
22

24
J~ANE
26

4867-9542-0322, v 1
ESTATE OF KUEHNE
ESTATE
1
CASE NUMBER 22PR00612
2
EXHIBIT 3
ASSETS ON HAND FOR DISTRIBUTION
Item No. Descrintion
Description
4 1. USAA Bank
Cash at USAA 31,195.59
$$31,195.59
5
TOTAL ASSETS ON HAND $ 31,195.59
$31,195.59
6

l6
16

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19

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ESTATE OF KUEHNE
CASE NUMBER 22PR00612
EXHIBIT 4
SCHEDULE OF DISTRIBUTION

4
Assets on hand - Cash $ 31,195.59

Less payment to CHELSEA MARIE KUEHNE PHILLIPS — Administrator Fee $ 6,902.60

Less payment to MEISSNER JOSEPH RUGGLES — Attorney Fees $ 3,500.00

Less payment to MEISSNER JOSEPH RUGGLES — Costs $ 2.150.90
8
ESTIMATED Balance of cash, after above distributions, to distribute: $ 18,642. 09
9

10
One-Third to CHELSEA MARIE KUEHNE PHIILIPS, Daughter $ 6,214.03
One-Third to SONJA LUCAS, Daughter $ 6,214.03
12
One-Third to ANDREW J. KUEHNE, Son $ 6,214.03

28
ESTATE OF KUEHNE
CASE NUMBER 22PR00612
EXHIBIT 5
GAINS AND LOSSES

4 Date Sold Asset Annraised Sales Price Gain/(Loss)
Value
07/14/2023 1454 6'" Avenue, $ 110,000.00 $ 190,000.00 $ 80,000.00
Oroville, CA 95965
02/06/2023 2014 Dodge Dart $ 4,500.00 $ 4,000.00 ($ 500.00)

Total: $ 114,500.00 $ 194,000. 00 $ 79,500. 00

28
ESTATE OF KUEHNE
CASE NUMBER 22PR00612
EXHIBIT 6
COSTS OF ADMINISTRATION

4 Amount
Date Payee Description
Online Research:
11/08/2022 Data Tree $ 15.06
Property Search 1454
6'" Ave, Oroville

11/17/2022 Oroville Mercury-Register Publication Costs $ 754.62
Filing Fees: Case
11/23/2022 One Legal $ 476.72
Initiation
9 11/23/2022 One Legal E-Filing: Notice of $ 16.57
Petition
12/02/2022 Court Call Remote Appearance $ 94.00
01/23/2023 One Legal E-Filing: Notice to $ 17.06
Medi-Cal k FTB
02/24/2023 One Legal E-Filing: Notice to $ 17.55
Creditors
13
03/06/2023 One Legal E-Filing: Notice to $ 17.55
14 Creditors
03/14/2023 One Legal E-Filing: I&A $ 17. 55
03/15/2023 Jane Dolan Probate Referee $ 165.94
04/14/2023 One Legal E-Filing: $ 17.54
Allowance/Rejection
17 Creditors Claim
04/19/2023 One Legal E-Filing: Waivers $ 17.54
18
06/09/2023 Butte County Superior Court Reproduction Cost $ .50
19 12/05/2023 One Legal E-Filing: Status $ 17.54
Report
Anticipated One Legal E-Filing $ 505.16
21 Total $ 2,150.90

Case Info

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Mosbarger, Tamara L Track Judge’s New Case

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Document Filed Date

March 15, 2024

Case Filing Date

November 14, 2022

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