Skip to main content
Skip to main content.

Notice:

The court is aware of fraudulent messages and scams being sent to the public. For more information please click here.

Matter of The Armando I Perez Trust

Case Number

22PR00501

Case Type

Trust

Hearing Date / Time

Wed, 12/20/2023 - 08:30

Nature of Proceedings

First Accounting and Report

Tentative Ruling

Probate Notes:

Appearances required.  The following defects must be corrected as indicated:

Discrepancy no. 1 – Estate on hand at beginning and end of account does not comply with Probate Code section 1062(f), because the accounting is not itemized to identify each individual item of personal property.  Property should also be grouped into cash and non-cash categories.

Discrepancy no. 2 – Schedule C is not segregated into categories then listed in chronological order.  (See Fiduciary Accounting Handbook (Cont. Ed. Of the Bar 2022) §8.8 [“As with receipts, disbursements should be listed categorically, then chronologically within each category.”].)  The Court is not expected to make sense out of scattered lists of transactions.

Discrepancy no. 3 – The description/purpose of several disbursements in Schedule C are inadequate to give the court sufficient information to determine the reasonableness, necessity, and benefit to the trust of the transaction. (Prob. Code, § 1064(a)(2)).  Please submit supplement containing sufficient information to explain the following vague entries:

  • Work on ranch
  • Rebuilt electrical panel
  • Collection for internet/cable
  • Tree removal
  • Repairs to Oxnard property ($28,440)
  • Security equipment

Discrepancy no. 4 –  Overhead costs are not reimbursable. Local Rule 1732(b) states “The following expenses are considered by the court to be a business expense and are not ordinarily reimbursable costs or fees:

Photocopy expenses;

Telephone charges;

Computer research fees;

Clerical services;

Travel to and from court; and

Communication with the probate examiner and/or attorney.”

The supplement to the petition should tabulate all these costs and provide the total for the Court to reduce.

Was this helpful?

This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.