Estate of Jesus Cervantes-Castro
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.