Estate of Jesus Cervantes-Castro

Case Number

19PR00081

Case Type

Hearing Date / Time

Tue, 12/12/2023 - 09:00

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Probate Notes:

Appearances required.

The petition, as presented, is recommended for approval.

HOWEVER, it is recommended the Court alter the proposed distribution under the Court’s equitable powers (Prob. Code, §1002) to cause the 1/3 share of the Decedent’s surviving spouse to be decreased by the amounts incurred as extraordinary fees.  But-for the surviving spouse’s clandestine departure and failure to probate the estate of her deceased husband, the estate would not have incurred the extraordinary fees and costs to find surviving spouse.  Thus, the fees should be deducted from surviving spouse’s share, because it is fundamentally inequitable to pass that cost on to the Decedent’s other heirs.