Estate of Robert Ontiveros Jr
Estate of Robert Ontiveros Jr
Case Number
23PR00481
Case Type
Hearing Date / Time
Tue, 11/21/2023 - 09:00
Nature of Proceedings
Spousal Property Petition
Tentative Ruling
The following must be submitted:
Supplement/Declaration of Facts. A supplement to the petition alleging facts that should have been alleged in attachment 7:
- Date and place of marriage (Local Rule 1761, subd. (a))
- Whether decedent owned any real and personal property on date of marriage, and if so, a description and approximation of values (Ibid.)
- For each asset for which a determination that it pass or be confirmed to the surviving spouse, a description of the manner in which the asset was acquired by decedent, including source of funds or loans, title to asset, etc. (Ibid.)
- Any additional facts upon which the claim that property is community or quasi-community property is based. (Ibid.)
- Name, age, address, and relation to the deceased spouse of heir/devisee (PC § 13651, subd. (a)(5).)
- Names and addresses of all known persons named as executors and or appointed Personal Representatives. (PC § 13651, subd. (a)(5).)
- Because Decedent Died Intestate: 1) facts upon which the petitioner bases the allegations that all or part of the estate of deceased spouse is property passing to the surviving spouse, AND 2) a description of any interest in the community property or quasi-community property, or both, which the petitioner requests the court to confirm to the surviving spouse as belonging to the surviving spouse pursuant to § 100 or 101 (PC § 13651, subd. (a)(3)-(a)(4).)
Proposed Order. A proposed order using Judicial Council Form DE-226 (Local Rule 1724, subd. (b).)
If the documents curing these deficiencies are not processed by 8:00 a.m. on November 20, 2023, it is recommended that the matter be continued to a date to be set by the Court at the hearing, unless the party appears and requests a different date, or submits a request for a different continuance date prior to the hearing. (Local Rule 1721(c)(2)(A-B).) If the matter is continued, documents must be submitted at least 10 days prior to the new hearing date to be considered.
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).