Merced — MSC-PR-006

Source: https://www.merced.courts.ca.gov/system/files/forms-and-filings/ada-compl-msc-pr-006-petition-settlement-final-account-eff-712020.pdf

MSC-PR-006 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar Number and Address) FOR COURT USE ONLY

TELEPHONE NO.: FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF MERCED 627 W. 21st Street, Merced, CA 95340 1159 “G” Street, Los Banos, CA 93635 PROBATE DEPARTMENT IN THE MATTER OF THE ESTATE OF: CASE NUMBER

PETITION FOR SETTLEMENT OF ____________________ AND FINAL ACCOUNT (check if final account) (ACCOUNTING NUMBER (“FIRST”, ETC.) ACCOUNT CURRENT (check if interim)

AND FOR COMPENSATION TO CONSERVATOR/GUARDIAN/TRUSTEE ATTORNEY

Petitioner(s) (name(s)): ____________________________________________________________________ alleges:

1. Petitioner was appointed conservator guardian trustee of the person and estate of

(name): ________________________________________________ on (date): _____________________________

letters were issued on (date): ___________________.

2. The following Inventory and Appraisal(s) have been filed with the court:

   Date Filed: Type: Amount: Partial No. Final Supplemental Corrected/Amended $ Partial No. Final Supplemental Corrected/Amended $ Partial No. Final Supplemental Corrected/Amended $ Information regarding additional inventories filed is indicated on Attachment 2.

3. This account and report covers the period from (date): __________________ to (date): ________________________.

4. The petitioner is chargeable and is entitled to the credits set forth in the attached Summary of Account and Schedules (Attach Judicial Council Forms GC-400, et seq. or GC-405, et seq.). If the conservatee, minor, or beneficiary is deceased, report transactions up to date of death. Post-death transactions must be on separate schedules.

5. a. There are no changes in the form of non-cash assets of the estate other than the sales of real property and
   personal property listed in a schedule of gains or losses.
   or
   b. Attached as Schedule F is a statement of any changes in the form of non-cash assets of the estate other than
   the sales of real and personal property listed in a schedule of gains or losses on sales. (Attach form GC-400(F)).

6. a. There are no known liabilities of the estate.
   or
   b. Attached as Schedule G is a statement of all liabilities of the estate (Attach form GC-400(G)).

7. a. There was no cash to invest in interest-bearing accounts.
   or
   b. At all times during the period of this account, petitioner has kept all surplus cash invested in interest- bearing
   accounts.

For Optional Use PETITION FOR SETTLEMENT OF FINAL ACCOUNT/ACCOUNT CURRENT Page 1 of 4 MSC-PR-006 [Eff. Jul. 1, 2020] (CONSERVATORSHIP/GUARDIANSHIP/TRUST)

MSC-PR-006 IN THE MATTER OF: CASE NUMBER:

8. a. Bond in the matter is currently set at $___________________

   b. The current income and assets of the estate are as follows (CRC § 7.207):

   (1) Probable annual income, including public benefits: $

   Personal property: $

   (3) Equity in real property that is subject to a power to sell under Probate Code § 2591(d): $

   (4) Sub-total of (1) through (3): $

   (5) Ten percent of the first $500,000 of sub-total at (4): $

   (6) Twelve percent of the amount at (4) between $500,000 and $1,000,000: $

   (7) Two percent of the amount at (4) above $1,000,000: $

   (8) Total (add (4) through (7)): $

   c. The bond amount is sufficient is insufficient and should be increased to the amount indicated in 8(b)(8)
   above is excessive and should be reduced to the amount indicated in 8(b)(8) above, should be waived
   because the estate qualifies under Probate Code § 2323 is not required because the conservator of the
   estate is a corporate fiduciary or an exempt government agency.

9. a. No family or affiliate relationship exists between petitioner and any agent hired by petitioner during the period
   of this accounting
   or
   b. The following family or affiliates were hired:

   Name Capacity Retained Relationship

   Information on additional family/affiliate relationships attached as Attachment 9.

10. Petitioner waives compensation or requests compensation of $ __________________ for services rendered during the period of this account. An itemization of the hourly rate and services rendered by the Petitioner is provided in Attachment 10.

    The amount of $______________ has already been paid as periodic payments pursuant to the order of this court on (date): ________, leaving a balance of $ .

    Petitioner requests authority to make periodic payments of $________________ per month for up to 24 months

    from the end date of this account to petitioner for the services rendered by petitioner on a periodic basis. (Describe the specific services and the reasons for this authority in Attachment 10.)

For Optional Use PETITION FOR SETTLEMENT OF FINAL ACCOUNT/ACCOUNT CURRENT Page 2 of 4 MSC-PR-006 [Eff. Jul. 1, 2020] (CONSERVATORSHIP/GUARDIANSHIP/TRUST)

MSC-PR-006 IN THE MATTER OF: CASE NUMBER:

11. Petitioner’s Attorney (name): __________________________________________________ waives compensation

    requests compensation of $______________ for services rendered during the period of this account. An itemization of the hourly rate and services rendered by petitioner’s attorney is provided in Attachment 11. Petitioner’s attorney did use paralegals, and the information required by California Rule of Court, Rule 7.754 is contained in Attachment 11.

    The amount of $_______________ has already been paid leaving a balance of $_______________ . The amount paid was advanced by Petitioner from his or her individual funds.

12. Petitioner requests reimbursement for costs advanced in the amount of $_______________ by petitioner
    petitioner’s attorney (name): ________________________________________________________________

    An itemization of the date, amount, payee, and purpose of each cost is provided in Attachment 12.

13. The estate does does not include income or property from the Veteran’s Administration, either directly, or as income or interest on money received from the Veteran’s Administration.

14. The estate does does not include income or property from the conservatee’s / ward’s Indian tribe, either directly, or as income or interest on money received from the Indian tribe.

15. During this account period the conservatee / ward / beneficiary has has not been a patient in or on leave of absence from a state hospital under the jurisdiction of the California Department of State Hospitals or the California Department of Developmental Services.

16. Filed concurrently with this account and report is Merced Superior Court Local Form #MSC-PR-007 which contains all required original financial statements for this accounting period.

17. a. No requests for special notice have been filed in this proceeding.
    or
    b. The following requests for special notice have been filed in this proceeding:

    Name Capacity Retained Relationship

    Information regarding additional requests for special notice is attached as Attachment 17.

18. Petitioner requests other orders be granted (specify in Attachment 18).

19. a. This is an account current. The conservatee/ward/beneficiary is now living at:

    (address): ______________________________________________________________________

    b. This is a final account, as indicated in the Attachment for Final Accounts (Local Form #MSC-PR-006A).

For Optional Use PETITION FOR SETTLEMENT OF FINAL ACCOUNT/ACCOUNT CURRENT Page 3 of 4 MSC-PR-006 [Eff. Jul. 1, 2020] (CONSERVATORSHIP/GUARDIANSHIP/TRUST)

MSC-PR-006 IN THE MATTER OF: CASE NUMBER:

WHEREFORE, petitioner prays:

20. That this account be approved and settled;

21. The acts of the conservator/guardian/trustee shown in the account and report be approved;

22. That bond be found sufficient increased by $_________________ decreased by $__________________ waived under Probate Code § 2323 not required because the conservator of the estate is a corporate fiduciary or an exempt government agency.

23. That petitioner be directed to pay Petitioner the sum of $_________________ as compensation for services rendered during the period of this account.

24. That petitioner also be authorized to make periodic payments of $__________________ per month for up to 24
    months from the end date of this account to Petitioner for services rendered on a periodic basis.

25. That for legal services rendered during the period of this account the petitioner be directed to: pay petitioner’s attorney from estate funds the sum of $_________________ pay petitioner from estate funds the sum of $_________________ as reimbursement for attorney fees advanced.

26. That petitioner be directed to pay from estate funds the sum of $_________________ to Petitioner
    Petitioner’s attorney as reimbursement for costs advanced.

27. That other orders be made as specified in number 18 above.

28. That petitioner be ordered to distribute the remaining assets of the estate as specified in the Attachment for Final Accounts (Local Form #MSC-PR-006A).

I declare under penalty under the laws of the State of California that the foregoing is true and correct.

SIGN

Dated: (SIGNATURE OF ATTORNEY)

Dated: (TYPE OR PRINT NAME OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER)

For Optional Use PETITION FOR SETTLEMENT OF FINAL ACCOUNT/ACCOUNT CURRENT Page 4 of 4 MSC-PR-006 [Eff. Jul. 1, 2020] (CONSERVATORSHIP/GUARDIANSHIP/TRUST)