On October 29, 2020 a Complaint,Petition was filed involving a dispute between Frank, Rachel , and for Decedent's Estate in the District Court of Butte County.
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1 JANE E. STANSELL, SBN 191815 Attorney at Law 2 103 South Plumas Street 3/30/2022 Willows, CA 95988 3 Telephone: (530) 342-4524 Email: j mayesstanse1145@gmail.corn 4 5 Attorney for Petitioner RACHEL FRANK 6 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF BUTTE 10 In the Matter of the Estate of: ) Case No. 20PR00358 ) ) PETITION FOR FINAL DISTRIBUTION BETTY MARIE KNIGHT, also ) (WAIUKR OF ACCOUNTING) AND FOR 12 known as BETTY M. KNIGHT, ) ALLOWANCE OF COMPENSATION also known as BETTY KNIGHT, ) FOR ATTORNEY FOR PERSONAL . 13 ) REPRESENTATIVE Decedent. ) 14 ) Hearing Date: April 12, 2022 ) Hearing time: 9:00 a.m. 15 ) Department: NC-2 16 17 Petitioner, RACHEL FRANK, respectfully alleges: 18 1. PETITIONER: Petitioner is the duly appointed, qualified and acting administrator of the 19 estate of the above-named decedent. 20 2. DATE OF DEATH AND COUNTY OF RESIDENCE: Decedent died on July 3, 2019, 21 in Chico, County of Butte, California, and was a resident thereof. 22 3. NOTICE OF PETITION TO ADMINISTER ESTATE; Notice of death and of petition 23 to administer estate has been published for the period and in the manner prescribed by law, the first 24 publication being made on November 5, 2020. Within thirty (30) days after completion of publication, 25 on November 24, 2020, an affidavit showing due publication in the manner and form required by law 26 was filed with the Clerk of this Court. 27 4. APPOINTMENT OF ADMINISTRATOR: Decedent died intestate. Petitioner qualified 28 as administrator of the decedent*s estate and Letters of Administration were issued to petitioner on Page 1 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) 1 December I, 2020, and are still in full force and effect. At all times since then petitioner has been and 2 now is the duly qualified administrator of decedent's estate. 3 5. INDEPENDENT ADMINISTRATION OF ESTATES ACT; On December I, 2020, 4 petitioner was granted authority to administer the decedent's estate without Court supervision under the 5 Independent Administration of Estates Act, California Probate Code Section 10400, et seq. This 6 authority has not been revoked. 7 6. STATUS OF ESTATE: Petitioner has performed all duties required of her as 8 administrator. All costs of administration incurred to date, except those costs advanced by the attorney 9 representing the estate, have been paid from estate funds, and the estate is in a position to be closed. 10 7. TIME FOR FILING CREDITOR'S CLAIMS: More than four months have elapsed since 11 the issuance of Letters of Administration herein, and the time for creditors to file claims has expired. 12 8. CREDITOR'S CLAIMS: Petitioner has paid debts of the decedent without verified claims 13 having been filed or presented. Said debts were justly due, were paid in good faith within the claim filing 14 period, and the amount paid was the true amount of such indebtedness over and above all payments or 15 seto ffs. 16 No claims have been filed, and there are no known creditors to whom petitioner is 17 required to give notice pursuant to Probate Code Sections 9051-9054. 18 There are no rejected claims. 19 9. CALIFORNIA DIRECTOR OF HEALTH SERVICES: Notice to the California Director 20 of Health Services, pursuant to California Probate Code Section 9202(a), was provided on or about 21 January 20, 2021. No claim was filed by Department of Health Services. 22 10. DIRECTOR OF CALIFORNIA VICTIM COMPENSATION AND GOVERNMENT 23 CLAIMS BOARD: Notice to the Director of California Victim Compensation and Government Claims 24 Board, pursuant to California Probate Code Section 9202(b), was not provided because there were no 25 surviving heirs or beneficiaries who are confined in a prison or facility under the jurisdiction of the 26 Department of Corrections and Rehabilitation or confined in any county or city jail, road camp, industrial 27 farm, or other local correctional facility at the time of death of the decedent. 28 ///// Page 2 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) 11. CALIFORNIA FRANCHISE TAX BOARD: Notice to the California Franchise Tax Board, pursuant to California Probate Code Section 9202(c), was provided on or about January 20, 2021. A claim was not filed by the California Franchise Tax Board. 12. INVENTORY AND APPRAISAL: An Inventory and Appraisal filed herein on or about March 24, 2021, reflects the total value of the estate to be $ 415,000.00. Petitioner alleges that such inventory contains all the assets of decedent's estate that have come to the knowledge or into the possession of petitioner. 13. PERSONAL PROPERTY TAXES: All personal property taxes due or payable by the decedent and/or her estate have been paid. 10 14. PROPERTY TAX CERTIFICATION: A Change in Ownership Statement - Death of Real Property Owner has been filed with both the Sonoma County Assessor and Del Norte County 12 Assessor as evidenced in the Property Tax Certification on file herein. 13 15. INCOME TAXES: All federal and state income taxes due from the decedent and/or her 14 estate have been, or will be, paid. 15 16. FEDERAL ESTATE TAX RETURN: No federal estate tax return has been or will be 16 filed because the assets of the estate are not sufficient to require the filing of a return. 17 17. WAIVER OF ACCOUNTING: RACHEL FRANK (Petitioner) is the sole beneficiary of the decedent's estate. Petitioner waives the filing of an accounting herein. Her Waiver of Accounting 19 is attached hereto as Exhibit A. 20 18. CHARACTER OF ESTATE PROPERTY: The estate consists entirely of the separate 21 property of the decedent. 22 19. HEIRS OF DECEDENT'S ESTATE: The sole heir of the decedent is: 23 NAMES AND ADDRESSES RELATIONSHIP AGE 24 RACIIEL FRANK Granddaughter Adult 1272 Palmetto Avenue 25 Chico, CA 95926 26 20. AFTER-DISCOVERED PROPERTY: Any other property not now known or discovered 27 belonging to the estate or decedent or in which the decedent or estate has an interest should be 28 distributed as set forth in paragraph 25, below. Page 3 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) 1 21. STATUTORY COMPENSATION TO PERSONAL REPRESENTATIVE: The statutory 2 compensation for services rendered by the personal representative is the sum of $ 11,300.00, as computed 3 in Exhibit B attached hereto. Petitioner hereby waives her entitlement to statutory compensation. 4 22. STATUTORY COMPENSATION FOR ATTORNEY FOR PERSONAL REPRE- 5 SENTATIVE: The statutory compensation for services rendered by JANE E. STANSFLL, the attorney 6 for the personal representative, is the sum of $ 11,300.00, as computed in Exhibit B attached hereto. In 7 addition, the attorney for the personal representative has advanced costs, for which reimbursement is 8 sought, as follows: OneLegal (Butte County Superior Court) - Filing fee $ 448.70 10 OneLegal - File Affidavit of Publication 13.70 12 Chico Enterprise-Record - Publish Notice of Death 507.03 13 Sonoma County Recorder - Copy of 14 Deed 6.00 15 First American Title Company- Title search 250.00 16 .Jane Dolan - Probate appraisal 565.00 17 OneLegal (Butte County Superior 18 Court) - File Inventory and Appraisal 16.10 19 OneLegal (Butte County Superior 20 Court) - Filing fee $ 450.75 21 Total: $ 2,257.28 22 23. REQUESTS FOR SPECIAL NOTICE: There are no requests for special notice. 23 24. PRIOR DISTRIBUTIONS: No preliminary distributions have been made. 24 25. PROPOSED DISTRIBUTION: Pursuant to the California laws of intestate succession, 25 the estate remaining in the hands of the administrator, together with any other property, including any 26 after-discovered property, owned by the decedent, or in which the decedent had an interest, should be 27 distributed as follows: 28 ///// Page 4 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) TO RACHEL FRANK. Granddauahter of the Decedent. 1272 Palmetto Avenue. Chico. California, all of the decedent's estate. 3 26. ESTATE IN THE HANDS OF THE PERSONAL REPRESENTATIVE: The estate in the hands of the personal representative is as follows: Real Pronertv: All that certain real property in the City of Cotati, County of Sonoma, State of California described as follows: Lot 29 as shown on the Map of "Red Hill", recorded October 21, 1982, in Book 338 of Maps, at page(s) 32 through 35, Sonoma County Records. 10 Sonoma County Assessor's Parcel No. 144-630-29 Said real property is commonly known as 60 Kingston Lane, Cotati, CA 95948 $ 325,000.00 12 The decedent's undivided one-half ('/~) interest 13 in the following real property in the unincorporated area of the County of Del Norte, State of 14 California, described as follows: 15 BEGINNING AT CORNER NUMBER 28 OF THE FORKS PLACER MINING CLAIM DESIGNATED AS 16 LOT 3? IN SECTION 20 TOWNSHIP 17 NORTH RANGE 2 EAST, HUMBOLDT BASE AND MERIDIAN, 17 COUNTY OF DEL NORTE, STATE OF CALIFORNIA; FROM THENCE NORTH 79 DEGREES AND 30 18 MINUTES WEST, 133.9 FEET; THENCE DUE NORTH 386.8 FEET; THENCE DUE WEST 1320 FEET TO A 19 POINT ON THE SECTION LINE BETWEEN SECTIONS 19 AND 20 TOWNSHIP 17 NORTH RANGE 2 EAST; 20 THENCE DUE SOUTH 125.6 FEET; THENCE DUE WEST 640 FEET; THENCE DUE NORTH 49 FEET 21 TO THE CENTER OF THE PUBLIC WAGON ROAD BEING THE PLACE OF COMMENCEMENT OF 22 LAND HEREBY CONVEYED; THENCE DUE NORTH 125 FEET TO A POINT ON THE LEFT HAND BANK 23 OF SMITH RIVER; THENCE IN AN EASTERLY DIRECTION ALONG THE LEFT HAND BANK OF 24 SMITH RIVER TO A POINT 75 FEET, MORE OR LESS, SAID POINT BEING 75 FEET DUE EAST OF THE 25 WEST LINE OF PARCEL OF LAND HEREBY CONVEYED; THENCE DUE SOUTH TO A POINT 26 IN TIlE CENTER OF THE AFORESAID WAGON ROAD; THENCE IN A WESTERLY DIRECTION 27 ALONG THE CENTER OF WAGON ROAD TO THE PLACE OF COMMENCEMENT. 28 Page 5 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) Del Norte County Assessor's Parcel No. 131-060-004-000 Said real property is commonly known as 900 Gasquet Flat Road, Gasquet, CA 95543 90.000.00 Total: $ 415,000. 00 WHEREFORE, Petitioner prays as follows: 1. The administration of decedent's estate be brought to a close without the requirement of an accounting. 2. All of the acts and proceedings ofpetitioneras personal representative be confirmed and approved. 10 3. Petitioner be authorized and directed to pay to JANE E. STANSELL, petitioner's attorney, the sum of $ 11,300.00, in full satisfaction of compensation for services rendered herein, and $ 2,257.28 12 as reimbursement for costs advanced during the administration of the estate. 13 4. Distribution of the estate in the hands of the personal representative, together with any 14 aAer-discovered property owned by the decedent, or in which the decedent had an interest, be made as 15 set forth above. 16 5. For such other and further order as to the Court seems meet and proper. 17 Dated 9jg.AI/gp~ 19 J E. STANSELL, Attorney for 20 HEL FRANK 21 22 23 24 25 26 27 28 Page 6 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) I, the undersigned, declare: I am the administrator of the estate of BETTY MARIE KNIGIIT, also known as BETTY M. KNIGHT, also known as BETTY KNIGHT, deceased. I have read the foregoing Petition For Final Distribution (Waiver of Accounting) And For Allowance of Compensation For Attorney For Personal Representative and know the contents thereof. The same is true of my own knowledge except as to those matters which are therein stated upon information and belief, and, as to those matters, I believe it to be true. Ideclare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed at Chico, Butte County, California, on March 22, 2022. 10 12 RACHEL FRANK 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 7 PETITION FOR FINAL DISTRIBUTION 1WAIVER OF ACCOUNTING) I JANE E. STANSELL, SBN 191815 Attorney at Law 2 103 South Plumas Street Willows, CA 95988 3 Telephone: (530) 342-4524 Email: jmayesstansel145@gmaikcom 4 Attorney for Petitioner 5 RACHEL FRANK 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE 10 Estate of ) No. 20PR00358 ) BETTY MARIE KNIGHT, also ) known as BETTY M. KNIGHT, ) 12 also known as BETTY KNIGHT, ) WAIVER OF ACCOUNTING ) 13 ) Deceased. ) 14 ) 15 I, the undersigned, declare: 16 l. I am the sole heir of the above-named decedent. 17 2. I waive the filing of an accounting herein by the administrator. 18 19 Dated: O~ ' W, 2022. 20 21 22 RACHEL FRANK 23 24 25 26 27 EXHIBIT A Page 8 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING) COMPUTATION OF STATUTORY COMPENSATION FOR PERSONAL REPRESENTATIVE AND FOR ATTORNEYS FOR THK PERSONAL REPRESENTATIVE: Estate per Inventory and Appraisal $ 415,000.00 Receipts: .00 Gains on Sales: .00 Less: 10 Losses on Sales: $ .00 $ 415,000. 00 12 13 14 $ 100,000.00 at 4% = $ 4 000 00 15 $ 100,000.00 at 3% =$ 3,000.00 16 $ 215.000.00 at 2% = $ 4.300.00 17 $ 415,000.00 $ 11,300.00 18 19 20 21 22 23 25 26 28 EXHIBIT B Page 9 PETITION FOR FINAL DISTRIBUTION (WAIVER OF ACCOUNTING)
October 29, 2020
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