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Fraud Alert: Scam Text Messages Claiming DMV Penalties -

We have been made aware of fraudulent text messages being sent to individuals claiming to be from the Department of Motor Vehicles (DMV) or the court system. These messages often state that the recipient owes penalties or fees related to traffic violations or DMV infractions and may include a link or phone number to resolve the matter. 

Take these steps to reduce the chances of falling victim to a text message scam:

  • Never respond to unsolicited or suspicious texts — If you receive a message asking for personal or financial information, do not reply.
  • Verify the source — If you are unsure, always contact the DMV through official channels.
  • Call the DMV if you have concerns — The DMV customer service team is available to help you at 800-777-0133.

Please see DMV warning about fraudulent texts: https://www.dmv.ca.gov/portal/news-and-media/dmv-warns-of-fraudulent-te…

Jury Scam alert -

The Santa Barbara Superior Court has received complaints about individuals trying to scam members of the public by pretending to be court officers or officials. The Jury Services office of the Santa Barbara Superior Court does not call citizens to request payments for failing to appear for jury duty. California law does not permit citizens to pay a fine in lieu of jury duty. If you receive such a call simply hang up and, if the scammer persists, call your local law enforcement agency. Learn more about the recent scam warning.

Notice to Jurors:

Prospective jurors summoned for jury service can expect to receive their jury summons in postcard form. Please check your mail for a postcard with important instructions to fulfil your jury service. Visit the Jury Services page for more information.

Estate of Faysal Hekmat

Case Number

22PR00480

Case Type

Decedent's Estate

Hearing Date / Time

Wed, 01/03/2024 - 08:30

Nature of Proceedings

Petition for Final Distribution

Tentative Ruling

Posted Probate Notes:

Appearances required.  The following issues will be addressed at the hearing:

Unlawful Preliminary Distribution.  Petition admits a preliminary distribution of $150,000 was made to Abdul Hekmat and Huma Hekmat without a prior court order, as is required by Probate Code section 10510 et seq.  The preliminary distribution violates the limits imposed by Probate Code section 10520, and violates principles of estate administration so fundamental and widely understood that such a distribution should shock the conscious of the court.  As stated in a respectable practice guide:

Caution—risk of surcharge : Indeed, preliminary distributions made without court order (i.e., predistribution “advances”) pose significant risk of surcharge for unwarranted and improper distributions. [Estate of Willey (1903) 140 C 238, 242-243, 73 P 998, 999]

(Cal. Prac. Guide Probate (Sept. 2023), Ch. 16-F [Payment of Estate Obligations, Final Distribution and Discharge.].)

Probate Code section 10520 grants limited authority to personal representatives with IAEA powers to make preliminary distributions without first seeking the approval of the court. IF 1) the time for filing claims has expired, (i.e., 4 months after letters are issued), and 2) it appears that the distribution may be made without loss to creditors or injury to the estate or any interested person, then 3) after giving notice of proposed action (Prob C §10510) a personal representative may distribute the following:

(a) Income received during administration to the persons entitled under Chapter 8 (commencing with Section 12000) of Part 10.

(b) Household furniture and furnishings, motor vehicles, clothing, jewelry, and other tangible articles of a personal nature to the persons entitled to the property under the decedent’s will, not to exceed an aggregate fair market value to all persons of fifty thousand dollars ($50,000) computed cumulatively through the date of distribution. Fair market value shall be determined on the basis of the inventory and appraisal.

(c) Cash to general pecuniary devisees entitled to it under the decedent’s will, not to exceed ten thousand dollars ($10,000) to any one person.

(Prob. Code, §10520.)

All other preliminary distributions require prior court authorization via petition and a noticed hearing.

Attorney and Petitioner must appear and show cause why they should not be surcharged for such a blatant disregard for the fundamental, statutory limitations on the administration of estates.

Due to staffing limitations, processing times may be delayed. To assist in processing, attorneys and parties should include the next court date in the “Filing Description” field provided by the electronic service provider. That field is also used for further descriptions of the document being e-filed, so be sure to put the calendar date FIRST in the field – BEFORE any further description of the document being e-filed (e.g.: 06/28/16 For XYZ).

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