Conservatorship of Nobuko Hirata

Case Number

1460602

Case Type

Hearing Date / Time

Tue, 06/20/2023 - 09:00

Nature of Proceedings

Annual Accounting & Petition for Termination (Updated 6/19/2023)

Tentative Ruling

Probate Notes:

Appearances required.

The following were noted at the last hearing as discrepancies in the accounting that must be resolved before the Court will approve the accounting.  The supplement filed on May 24, 2023 does not resolve any of the noted issues:

Discrepancy no. 1: Estate on hand at beginning of account does not match the amount on hand at end of the last accounting filed May 23, 2022. (Prob. Code, §1061(a).) The property on hand at the end of the last account was $169,421.85 (cash) and $177,000 (non-cash) for a total of $ 346,421.85.  Subtracted from the property on hand at the beginning of this account, the difference (i.e. missing amount) is $28,870.59. Petitioner must file a supplement explaining the discrepancy and include a schedule of detailed reconciliation, if necessary.

After Supplement: The supplement filed on June 16, 2023 does not resolve the discrepancy above, because an amended accounting or a detailed reconciliation should have been filed.

Discrepancy no. 2: Many line-items in Schedule C are merely changes in the form of assets and have thrown the accounting case off.  If a fiduciary has purchased assets during the account period, has sold assets for carry value, or otherwise has engaged in transactions that affect the form of the assets, those transactions must be reported on the schedule Changes in Form of Assets. Prob C §1063(b).

After Supplement: The supplement filed on June 16, 2023 does not resolve the discrepancy above, because an amended accounting or a detailed reconciliation should have been filed.

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 160 543 3416

Passcode: 5053334