Nature of Proceedings: Petition to Determine Persons Entitled to Distribution The following defects in the petition were noted for the last hearing and have not been remedied: 1) Amended Petition. The Petition suffers from the following defects that must be corrected: a) The Petition lacks sufficient facts to state the basis of the claim in terms that can be relied upon by the court to find “good cause” (Prob. Code, § 11704(b)(2)) to determine persons entitled to distribution. (Prob. Code, § 11700 [“The petition shall include a statement of the basis for the petitioner’s claim.”].) Specifically, the petition does not explain to the Court the relationships of all devisees to the Decedent, nor sufficiently present reasons why specific persons should or should not take. For example, it is unclear whether Decedent has five or six children, whether all those children are living, and to which child the Muriel English belongs. All grandchildren and their relationship to the Decedent’s childre
Hearing Date
December 01, 2020
Department
Department 2 SM-Cook312-C East Cook Street P.O. Box 5369 Santa Maria, CA 93456-5369
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Nature of Proceedings: Petition to Determine Persons Entitled to Distribution The following defects in the petition were noted for the last hearing and have not been remedied: 1) Amended Petition. The Petition suffers from the following defects that must be corrected: a) The Petition lacks sufficient facts to state the basis of the claim in terms that can be relied upon by the court to find “good cause” (Prob. Code, § 11704(b)(2)) to determine persons entitled to distribution. (Prob. Code, § 11700 [“The petition shall include a statement of the basis for the petitioner’s claim.”].) Specifically, the petition does not explain to the Court the relationships of all devisees to the Decedent, nor sufficiently present reasons why specific persons should or should not take. For example, it is unclear whether Decedent has five or six children, whether all those children are living, and to which child the Muriel English belongs. All grandchildren and their relationship to the Decedent’s childre