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MEI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Aug-13-2008 7:29 am
Case Number: PES-06-289213
Filing Date: Aug-12-2008 7:29
Juke Box: 001 Image: 02217559
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
THE ESTATE OF VELMA V LEHNHERR
001P02217559
Instructions:
Please place this sheet on top of the document to be scanned.4
at () Cc DE-147
ATTORNIZY OF PARTY WITHOUT ATTORNEY (Name, state bar number, and address}: FOR COURT USE|
| Lawrenge S. Siracusa
State Bar No. 165221
WITHERSPOON & SIRACUSA
1550 Bryant Street, Suite 875 San Francisco Co: ity Superior Court
San Francisco, CA 94103
re.epHoneno: (415) 552-1814 FAXNO. (Options: (415) 552-2158 AUG/1 9 2008
E-MAIL ADORESS (Optional):
ATTORNEY FOR (Name Barbara deVries GORDAN PARKCLI, Clerk
SUPERIOR COURT OF CALIFORNIA, COUNTYOF San Francisco
streetaporess: Civic Center Courthouse Dapuly Clerk
maunGaopress; 400 McAllister Street, Room 103
crvanozpcov:: San Francisco, CA 94102
BRANCH NAME:
ESTATE OF (Name): Velma V. Lehnherr
a/k/a Velma Viola Lehnherr FILED BY FAX
DECEDENT
DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
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:
‘CASE NUMBER:
PES-06-289 213
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 eam 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 shoutd 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 officiat 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 persona! 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, teases, 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. papetot2
ane
Fone caine DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Probate Code, § 6404
OE-147 [Rev Janvary 1, 2002] (Probate) So! it is07/13/2808 15:23
415558
r “ ey DEVRIES / HOI PACE Oh
“we 14:47 4158522158 WETHERSPOONESTRACE 2A pece 03/83
CASE NUMBER:
ESTATE OF (Name): Velma Ve Lehnherr
t a/k/a Velma viola Lehnhert peCEnENT PES-06-289 213
d. Filea change of ownership
‘At tha time you file the Inventory and appraisal, you must eso file a change of ownership etetement with the county
recorder or assessor in each county where. the decedent owned real property at the time of death, BS provided In
gection 480 of the Caltomia Revenue and Taxation Code.
3, NOTICE TO GREDITORS
‘You must mat a notice of administration to each known creditor of the decedent within four months after your appointment
as personal representetive. tf the decedent received Medi-Cal assistance, you must notify the Stete Director of Health
Services within 90 days after appointment.
4, INSURANCE
You should determine that there Is appropriate and adequate Insurance covering the assets end risks of the estate.
‘Maintain the Insurance in force during the entire period of the administration.
§, RECORD KEEPING
You must keep complete and accurate records of each fnanciel transaction affecting the estate. You will have to
prepare an account of ell money and property you have received, what you have ‘spent, and the date ofeach
transaction. You must deseribe in detall what you have feft after the payment of expenses.
b. Court review
Your account will be reviewed by the court, Save your recelpts because the cnurt may 2sk to review them. If you da not
a your accounts 85 required, the court ‘wit order you todo so. You may’ be removed as personal representative if you
ail to comply,
6. CONSULTING AN ATTORNEY
If you have an etiomey, you should cooperste with the attomey at all mes. You and your attomey are responsible for
completing the estate ‘administration as promptly 2s possible, When in doubt, contact your attorney.
NOTICE: 1, Thia statement of duties and liabllities is a summary and f¢ not a comptete ‘statement of the law.
Your conduct as a personal representative Is governed by the law itself and not by this summary.
2. Ifyou fall to perform your duties of to meet the deadfines, the court may reduce your
compensation, remove you from office, and Impose other sanctions.
ACKNOWLEDGMENT OF RECEIPT
4. Uhave petitionad the court to be appointed as & personat representative,
2. My address and telephone number are (specify):
3. Lacknowledga that t have received 8 copy of this statement of the duties and fiabilties of ths office of personal
representative.
Date:
Ghul » copbroreor PONE)
(TVPR.OR PRINT NAME)
Date:
CVPR OR PRACT ALAR) {S}OMATURE OF PETITIONER)
CONFIDENTIAL INFORMATION: 1f required to do so by local court pull ust
license number on supplemental Form DE-147S, rel, Code, § cae) ws rmust provide your date of birth ana crivers
DE-AT IRew, ceoeary 4, 200%] DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE
(Probets) page 2 of2
Preview
MEI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-13-2008 7:29 am Case Number: PES-06-289213 Filing Date: Aug-12-2008 7:29 Juke Box: 001 Image: 02217559 DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE THE ESTATE OF VELMA V LEHNHERR 001P02217559 Instructions: Please place this sheet on top of the document to be scanned.4 at () Cc DE-147 ATTORNIZY OF PARTY WITHOUT ATTORNEY (Name, state bar number, and address}: FOR COURT USE| | Lawrenge S. Siracusa State Bar No. 165221 WITHERSPOON & SIRACUSA 1550 Bryant Street, Suite 875 San Francisco Co: ity Superior Court San Francisco, CA 94103 re.epHoneno: (415) 552-1814 FAXNO. (Options: (415) 552-2158 AUG/1 9 2008 E-MAIL ADORESS (Optional): ATTORNEY FOR (Name Barbara deVries GORDAN PARKCLI, Clerk SUPERIOR COURT OF CALIFORNIA, COUNTYOF San Francisco streetaporess: Civic Center Courthouse Dapuly Clerk maunGaopress; 400 McAllister Street, Room 103 crvanozpcov:: San Francisco, CA 94102 BRANCH NAME: ESTATE OF (Name): Velma V. Lehnherr a/k/a Velma Viola Lehnherr FILED BY FAX DECEDENT DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE 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: ‘CASE NUMBER: PES-06-289 213 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 eam 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 shoutd 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 officiat 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 persona! 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, teases, 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. papetot2 ane Fone caine DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE Probate Code, § 6404 OE-147 [Rev Janvary 1, 2002] (Probate) So! it is07/13/2808 15:23 415558 r “ ey DEVRIES / HOI PACE Oh “we 14:47 4158522158 WETHERSPOONESTRACE 2A pece 03/83 CASE NUMBER: ESTATE OF (Name): Velma Ve Lehnherr t a/k/a Velma viola Lehnhert peCEnENT PES-06-289 213 d. Filea change of ownership ‘At tha time you file the Inventory and appraisal, you must eso file a change of ownership etetement with the county recorder or assessor in each county where. the decedent owned real property at the time of death, BS provided In gection 480 of the Caltomia Revenue and Taxation Code. 3, NOTICE TO GREDITORS ‘You must mat a notice of administration to each known creditor of the decedent within four months after your appointment as personal representetive. tf the decedent received Medi-Cal assistance, you must notify the Stete Director of Health Services within 90 days after appointment. 4, INSURANCE You should determine that there Is appropriate and adequate Insurance covering the assets end risks of the estate. ‘Maintain the Insurance in force during the entire period of the administration. §, RECORD KEEPING You must keep complete and accurate records of each fnanciel transaction affecting the estate. You will have to prepare an account of ell money and property you have received, what you have ‘spent, and the date ofeach transaction. You must deseribe in detall what you have feft after the payment of expenses. b. Court review Your account will be reviewed by the court, Save your recelpts because the cnurt may 2sk to review them. If you da not a your accounts 85 required, the court ‘wit order you todo so. You may’ be removed as personal representative if you ail to comply, 6. CONSULTING AN ATTORNEY If you have an etiomey, you should cooperste with the attomey at all mes. You and your attomey are responsible for completing the estate ‘administration as promptly 2s possible, When in doubt, contact your attorney. NOTICE: 1, Thia statement of duties and liabllities is a summary and f¢ not a comptete ‘statement of the law. Your conduct as a personal representative Is governed by the law itself and not by this summary. 2. Ifyou fall to perform your duties of to meet the deadfines, the court may reduce your compensation, remove you from office, and Impose other sanctions. ACKNOWLEDGMENT OF RECEIPT 4. Uhave petitionad the court to be appointed as & personat representative, 2. My address and telephone number are (specify): 3. Lacknowledga that t have received 8 copy of this statement of the duties and fiabilties of ths office of personal representative. Date: Ghul » copbroreor PONE) (TVPR.OR PRINT NAME) Date: CVPR OR PRACT ALAR) {S}OMATURE OF PETITIONER) CONFIDENTIAL INFORMATION: 1f required to do so by local court pull ust license number on supplemental Form DE-147S, rel, Code, § cae) ws rmust provide your date of birth ana crivers DE-AT IRew, ceoeary 4, 200%] DUTIES AND LIABILITIES OF PERSONAL REPRESENTATIVE (Probets) page 2 of2