Estate of Jesse Chansu Kim
Estate of Jesse Chansu Kim
Case Number
24PR0006
Case Type
Hearing Date / Time
Tue, 09/24/2024 - 09:00
Nature of Proceedings
Final Distribution
Tentative Ruling
Probate Notes:
After supplement filed in the form of a Declaration on September 19, 2024, the following is recommended:
Statutory Fee reduction unless Sole Distributee appears and knowingly waives rights. The Petition for Probate filed on January 4, 2024 and Declaration filed on September 19, 2024, reveals that the Decedent was married on the date the major asset of the estate was acquired (4248 Shadowcrest Drive). Although the deed granting title to that asset is in the name of the Decedent “as a married man as his sole and separate property,” there is enough evidence on file to support the presumption of Community Property in Family Code section 760.
This distinction matters, because Decedent was survived by a spouse to whom Decedent devised his entire estate; and in conflict of the community property presumption, paragraph 14 of the Petition for Final Distribution alleges the entire estate consists solely of Decedent’s separate property. In further conflict of that presumption, the Final Inventory and Appraisal does not delineate any of the appraised inventory as community or separate property, which does not comply with the Probate Code section 8850(c) requirement to do so. (“The inventory shall show, to the extent ascertainable by the personal representative, the portions of the property that are community, quasi-community, and separate property of the decedent.”)
The result of the lack of compliance with the Code sections cited above inflates the value of the estate by double its actual value. This leads to a higher statutory fee calculation than is appropriate, because Decedent’s 50% share of the estate would be 50% of the stated value of $919,521.19, which results in a statutory fee two times higher than what it should be.
Therefore, it is recommended the Court reduce the statutory fee to $12,055.71, unless Mrs. Kim appears at the hearing and knowingly waives her rights to 50% of Mr. Hardy’s requested fee.
Appearances:
The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.
Meeting ID: 160 543 3416
Passcode: 5053334