Estate of John Houser Jr

Case Number

24PR00452

Case Type

Hearing Date / Time

Wed, 11/20/2024 - 08:30

Nature of Proceedings

Petition for Letters Administration

Tentative Ruling

Probate Notes:

The following must be submitted:

All assignment agreements. Pursuant to Probate Code 11604(b), the Court has authority to review all assignment agreements between an heir and assignee of the heirs portion of the estate.  (Estate of Bennett (2008) 163 Cal.App.4th 1303, 1312.)  Petitioner must submit for review all assignment agreements by the heirs in this case.

Retainer agreement.  If the retainer agreement between the heirs and the Petitioner is separate from assignment agreements, the retainer agreement must be submitted in order to allow the Court to review whether or not the agreement is void against public policy.  (Estate of Molino (2008) 165 Cal.App.4th 913, 923 [Citing Estate of Collins (1968) 268 Cal.App.2d 86.].)

If the documents curing these deficiencies are not processed by 8:00 a.m. on November 18, 2024, 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).

Appearances:

The court is open to the public for court business. The court is also conducting hearings via Zoom videoconference.

Meeting ID: 161 956 1423

Passcode: 137305