On June 18, 2020 a
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE FILED BY PETITIONER WEINBERG, SIMON
was filed
involving a dispute between
Weinberg, Simon,
and
for PETITION FOR LETTERS OF ADMINISTRATION
in the District Court of San Francisco County.
Preview
DE-147
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY
Andrew J. Weill (SBN 073093)
Weill & Mazer, APC
200 California Street, Suite 400
San Francisco, CA 94111
TELEPHONE NO.: (415) 421-0730 FAX NO. (Optional): (415) 421-2355
E-MAIL ADDRESS (Optiona): weill@weillmazer.com
ATTORNEY FOR (Nome SIMON WEINBERG San Francisco County Suoerior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO JUN 182020
STREET ADDRESS: 400 McAllister Street, Rm. 103
MAILING ADDRESS: 400 McAllister Street, Rm. 103 LE!
city AND zip cope: San Francisco, CA 94102 we RK OF TBE COURT
BRANCH NAME; } Depity Clerk
ESTATE OF (Name):
DANA WEINBERG ‘ DECEDENT}| WA Ln ¢
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE “PES =2 0 <3 03 6 9 0
and Acknowledgment of Receipt
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
When the court appoints you as personal representative of an estate, you become an officer of the court and assume
certain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the
following: .
1. MANAGING THE ESTATE'S ASSETS
a. Prudent investments
You must manage the estate assets with the care of a prudent person dealing with someone else's property. This
means that you must be cautious and may not make any speculative investments.
b. Keep estate assets separate
You must keep the money and property in this estate separate from anyone else's, including your own. When you
open a bank account for the estate, the account name must indicate that it is an estate account and not your
personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone
else's property. Securities in the estate must also be held in a name that shows they are estate property and not your
personal property.
c. Interest-bearing accounts and other investments
Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You
may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before
making other kinds of investments.
d. Other restrictions
There are many other restrictions on your authority to deal with estate property. You should not spend any of the
estate's money unless you have received permission from the court or have been advised to do so by an attorney.
You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond.
Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not
obtain the court's permission when it is required, you may be removed as personal representative or you may be
required to reimburse the estate from your own personal funds, or both. You should consult with an attorney
concerning the legal requirements affecting sales, leases, mortgages, and investments of estate property.
2. INVENTORY OF ESTATE PROPERTY
a. Locate the estate's property
You must attempt to locate and take possession of all the decedent's property to be administered in the estate.
b. Determine the value of the property
You must arrange to have a court-appointed referee determine the value of the property unless the appointment is
waived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney can
advise you about how to do this.
c. File an inventory and appraisal
Within four months after Letters are first issued to you as personal representative, you must file with the court an
inventory and appraisal of all the assets in the estate.
Page 1 of 2
Form Adopted for Mendatony ee DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Probate Code, § 8404
cial Council of California
DE-147 [Rev. January 1, 2002] (Probate)ESTATE OF (Name): CASE NUMBER:
DANA WEINBERG
DECEDENT
d, Filea change of ownership
At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county
recorder or assessor in each county where the decedent owned real property at the time of death, as provided in
section 480 of the Califomia Revenue and Taxation Code.
3. NOTICE TO CREDITORS
You must mail a notice of administration to each known creditor of the decedent within four months after your appointment
@S personal representative. If the.decedent received Medi-Cal assistance, you must notify the State Director of Health
Sermices within 90 days after-appointment.
4. INSURANCE
You should determine that there is appropriate and-adequate insurance covering the assets and risks of the estate.
Maintain the insurance in force during the entire period of:the administration:
5. RECORD KEEPING
‘@. Keep.accounts,
You must keep complete and accurate records of each financial transaction affecting the estate. You will have to
Prepare an account of all money and property you have received; what you have spent, and the date of each
i transaction. You must describe in-detail what you have left after the payment of expenses.
b. Court review.
Your account will be reviewed by the' court. Save your receipts because the court may. ask to.reviéw them. tf you do
hot file your accounts.as required, the court will order'you todo so..You may be removed as personal representative
if your fail to comply.
6. CONSULTING AN ATTORNEY.
Jf you have an attorney, you should cooperate with the attomey at all times. You-and your attomey are responsible for
completing the estate administration-as promptly as possible. When in doubt, contact your attorney.
NOTICE: 1. This statement of duties and liabilities isa summary-and is not a.complete statement:of the law.
Your conduct as a personal representative is governed by the law itself and not by this summary..
2. If you fall to perform your duties or to meet the deadlines, ‘the court may reduce your
compensation, remove you from office, and impose other sanctions.
ACKNOWLEDGMENT OF RECEIPT
1. | have petitioned the court to be appointed as a Personal representative.
2. My address and telephone number are (specify):
667 37th Avenue, San Francisco, CA
(415) 590-1834
3. ‘l acknowledge that | have-received a -copy-of this statement of the duties and liabilities of the office of personal
representative.
Date: June 1S, 2020
SIMON WEINBERG > SK
(TYPE OR PRINT NAME} (SIGNATURE OF PETITIONER)
Date:
»
(TYPE'OR PRINT NAME} (SIGNATURE OF PETITIONER)
CONFIDENTIAL INFORMATION: If required to do So by local court rule, you must Provide your date of birth and driver's
ficensé number on supplemental Form DE-1478; (Prob. Code, § 8404(b).)
‘DE-S47 [Rev, demucay 1, 2002) DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Page2.ot2
_ (Probate)
Document Filed Date
June 18, 2020
Case Filing Date
June 18, 2020
Category
PETITION FOR LETTERS OF ADMINISTRATION
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Preview
DE-147 [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): FOR COURT USE ONLY Andrew J. Weill (SBN 073093) Weill & Mazer, APC 200 California Street, Suite 400 San Francisco, CA 94111 TELEPHONE NO.: (415) 421-0730 FAX NO. (Optional): (415) 421-2355 E-MAIL ADDRESS (Optiona): weill@weillmazer.com ATTORNEY FOR (Nome SIMON WEINBERG San Francisco County Suoerior Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO JUN 182020 STREET ADDRESS: 400 McAllister Street, Rm. 103 MAILING ADDRESS: 400 McAllister Street, Rm. 103 LE! city AND zip cope: San Francisco, CA 94102 we RK OF TBE COURT BRANCH NAME; } Depity Clerk ESTATE OF (Name): DANA WEINBERG ‘ DECEDENT}| WA Ln ¢ DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE “PES =2 0 <3 03 6 9 0 and Acknowledgment of Receipt DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE When the court appoints you as personal representative of an estate, you become an officer of the court and assume certain duties and obligations. An attorney is best qualified to advise you about these matters. You should understand the following: . 1. MANAGING THE ESTATE'S ASSETS a. Prudent investments You must manage the estate assets with the care of a prudent person dealing with someone else's property. This means that you must be cautious and may not make any speculative investments. b. Keep estate assets separate You must keep the money and property in this estate separate from anyone else's, including your own. When you open a bank account for the estate, the account name must indicate that it is an estate account and not your personal account. Never deposit estate funds in your personal account or otherwise mix them with your or anyone else's property. Securities in the estate must also be held in a name that shows they are estate property and not your personal property. c. Interest-bearing accounts and other investments Except for checking accounts intended for ordinary administration expenses, estate accounts must earn interest. You may deposit estate funds in insured accounts in financial institutions, but you should consult with an attorney before making other kinds of investments. d. Other restrictions There are many other restrictions on your authority to deal with estate property. You should not spend any of the estate's money unless you have received permission from the court or have been advised to do so by an attorney. You may reimburse yourself for official court costs paid by you to the county clerk and for the premium on your bond. Without prior order of the court, you may not pay fees to yourself or to your attorney, if you have one. If you do not obtain the court's permission when it is required, you may be removed as personal representative or you may be required to reimburse the estate from your own personal funds, or both. You should consult with an attorney concerning the legal requirements affecting sales, leases, mortgages, and investments of estate property. 2. INVENTORY OF ESTATE PROPERTY a. Locate the estate's property You must attempt to locate and take possession of all the decedent's property to be administered in the estate. b. Determine the value of the property You must arrange to have a court-appointed referee determine the value of the property unless the appointment is waived by the court. You, rather than the referee, must determine the value of certain "cash items." An attorney can advise you about how to do this. c. File an inventory and appraisal Within four months after Letters are first issued to you as personal representative, you must file with the court an inventory and appraisal of all the assets in the estate. Page 1 of 2 Form Adopted for Mendatony ee DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Probate Code, § 8404 cial Council of California DE-147 [Rev. January 1, 2002] (Probate)ESTATE OF (Name): CASE NUMBER: DANA WEINBERG DECEDENT d, Filea change of ownership At the time you file the inventory and appraisal, you must also file a change of ownership statement with the county recorder or assessor in each county where the decedent owned real property at the time of death, as provided in section 480 of the Califomia Revenue and Taxation Code. 3. NOTICE TO CREDITORS You must mail a notice of administration to each known creditor of the decedent within four months after your appointment @S personal representative. If the.decedent received Medi-Cal assistance, you must notify the State Director of Health Sermices within 90 days after-appointment. 4. INSURANCE You should determine that there is appropriate and-adequate insurance covering the assets and risks of the estate. Maintain the insurance in force during the entire period of:the administration: 5. RECORD KEEPING ‘@. Keep.accounts, You must keep complete and accurate records of each financial transaction affecting the estate. You will have to Prepare an account of all money and property you have received; what you have spent, and the date of each i transaction. You must describe in-detail what you have left after the payment of expenses. b. Court review. Your account will be reviewed by the' court. Save your receipts because the court may. ask to.reviéw them. tf you do hot file your accounts.as required, the court will order'you todo so..You may be removed as personal representative if your fail to comply. 6. CONSULTING AN ATTORNEY. Jf you have an attorney, you should cooperate with the attomey at all times. You-and your attomey are responsible for completing the estate administration-as promptly as possible. When in doubt, contact your attorney. NOTICE: 1. This statement of duties and liabilities isa summary-and is not a.complete statement:of the law. Your conduct as a personal representative is governed by the law itself and not by this summary.. 2. If you fall to perform your duties or to meet the deadlines, ‘the court may reduce your compensation, remove you from office, and impose other sanctions. ACKNOWLEDGMENT OF RECEIPT 1. | have petitioned the court to be appointed as a Personal representative. 2. My address and telephone number are (specify): 667 37th Avenue, San Francisco, CA (415) 590-1834 3. ‘l acknowledge that | have-received a -copy-of this statement of the duties and liabilities of the office of personal representative. Date: June 1S, 2020 SIMON WEINBERG > SK (TYPE OR PRINT NAME} (SIGNATURE OF PETITIONER) Date: » (TYPE'OR PRINT NAME} (SIGNATURE OF PETITIONER) CONFIDENTIAL INFORMATION: If required to do So by local court rule, you must Provide your date of birth and driver's ficensé number on supplemental Form DE-1478; (Prob. Code, § 8404(b).) ‘DE-S47 [Rev, demucay 1, 2002) DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Page2.ot2 _ (Probate)