On July 31, 2020 a
Complaint,Petition
was filed
involving a dispute between
Marquez, Maria A.,
and
for PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
in the District Court of San Francisco County.
Preview
DE-147
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY
[- SUSAN L. PASCUZZI 192164
PASCUZZI, PASCUZZI & STOKER, APC
2377 W. SHAW, STE 101 .
FRESNO, CA 93711
tevepHoneno: (559) 227-1100 FAXNO.(Optionay: (559) 227-1290
E-MAIL ADDRESS (Optiona): SPAaSCUZZi@pascuzzi.net
ATTORNEY FOR (Name: PETITIONER, MARIA MARQUEZ
ei)
Superior Court
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO San Francisco County Superi
strecraopness: 400 MCALLISTER ST., ROOM 202 JUL 372020
MAILING ADDREss: SAME,
crvanpzp cone: SAN FRANCISCO, CA 94102-4514 CLERK OF THE COURT
BRANCH NAME: PROBATE DEPARTMENT ey sata
ESTATE OF (Name): ‘Depy Clerk
JOSE ANGEL MARQUEZ
DECEDENT
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Umar
and Acknowledgment of Receipt PES =e 0 mB 03 7 9 0
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.
bi. 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.
x
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 attorn: 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 fepresentative, you must file with the court an
inventory and appraisal of all the assets in the estate. Page 1 of 2
Foam Adopted for Mandatory Use DUTIES AND LIABILITIES OF PEI NAL REPRESENTATIVE “Probate Code, § e404
ear Ree ouncit of Califc * | Es: (Probate)
ceb.comESTATE OF (Name): ‘CASE NUMBER:
| JOSE ANGEL MARQUEZ
DECEDENT
d. File a 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 California 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
as personal representative. If the decedent received Medi-Cal assistance, you must notify the State Director of Health
Services 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. .
a. Keep accounts 5. RECORD KEEPING
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
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 review them. If you do not
file your accounts as required, the court will order you to do so. You may be removed as personal representative if you
fail to comply.
6. CONSULTING AN ATTORNEY
If you have an attorney, you should cooperate with the attorney at all times. You and your attorney 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 is a 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.
we 2. If you fail 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. .. . . won -~
2. My address and telephone number are (specify):
543 NEWPORT AVE
LONG BEACH, CA 90814
(562) 260-5340
3. | acknowledge that | have received a copy of this statement of the duties and liabilities of the office of personal
representative.
Date: @[zz|a0a0
MARIA A. MARQUEZ yee \ Wage
(TYPE OR PRINT NAME) (SIGNATURE OF remot
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
license number on supplemental Form DE-147S. (Prob. Code, § 8404(b).)
DE-147 [Rev. January 1, 2002] DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Page 2 of 2
Document Filed Date
July 31, 2020
Case Filing Date
July 31, 2020
Category
PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY
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Preview
DE-147 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY [- SUSAN L. PASCUZZI 192164 PASCUZZI, PASCUZZI & STOKER, APC 2377 W. SHAW, STE 101 . FRESNO, CA 93711 tevepHoneno: (559) 227-1100 FAXNO.(Optionay: (559) 227-1290 E-MAIL ADDRESS (Optiona): SPAaSCUZZi@pascuzzi.net ATTORNEY FOR (Name: PETITIONER, MARIA MARQUEZ ei) Superior Court SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO San Francisco County Superi strecraopness: 400 MCALLISTER ST., ROOM 202 JUL 372020 MAILING ADDREss: SAME, crvanpzp cone: SAN FRANCISCO, CA 94102-4514 CLERK OF THE COURT BRANCH NAME: PROBATE DEPARTMENT ey sata ESTATE OF (Name): ‘Depy Clerk JOSE ANGEL MARQUEZ DECEDENT DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Umar and Acknowledgment of Receipt PES =e 0 mB 03 7 9 0 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. bi. 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. x 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 attorn: 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 fepresentative, you must file with the court an inventory and appraisal of all the assets in the estate. Page 1 of 2 Foam Adopted for Mandatory Use DUTIES AND LIABILITIES OF PEI NAL REPRESENTATIVE “Probate Code, § e404 ear Ree ouncit of Califc * | Es: (Probate) ceb.comESTATE OF (Name): ‘CASE NUMBER: | JOSE ANGEL MARQUEZ DECEDENT d. File a 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 California 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 as personal representative. If the decedent received Medi-Cal assistance, you must notify the State Director of Health Services 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. . a. Keep accounts 5. RECORD KEEPING 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 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 review them. If you do not file your accounts as required, the court will order you to do so. You may be removed as personal representative if you fail to comply. 6. CONSULTING AN ATTORNEY If you have an attorney, you should cooperate with the attorney at all times. You and your attorney 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 is a 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. we 2. If you fail 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. .. . . won -~ 2. My address and telephone number are (specify): 543 NEWPORT AVE LONG BEACH, CA 90814 (562) 260-5340 3. | acknowledge that | have received a copy of this statement of the duties and liabilities of the office of personal representative. Date: @[zz|a0a0 MARIA A. MARQUEZ yee \ Wage (TYPE OR PRINT NAME) (SIGNATURE OF remot 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 license number on supplemental Form DE-147S. (Prob. Code, § 8404(b).) DE-147 [Rev. January 1, 2002] DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Page 2 of 2