IN THE MATTER OF ALISON ANNE VON LACKUM
Case Information
Motion(s)
Petition for: (1) Final Account and Report; (2) Waiver of Accounting; (3) Payment of Statutory Fees; (4) and Final Distribution
Motion Type Tags
Petition
Parties
- Petitioner: Evan Von Lackum
Ruling
PR0001000 IN THE MATTER OF ALISON ANNE VON LACKUM
Petition for: (1) Final Account and Report; (2) Waiver of Accounting; (3) Payment of Statutory Fees; (4) and Final Distribution, filed by Evan Von Lackum on 3/11/26.
Ruling. This matter is continued to June 11, 2026, at 9:00 a.m. to address the following issues: 1. It is not clear whether notice was provided to all interested parties pursuant to Probate Code section 9202.
2. Petitioner requests an increased statutory fee based on gains and receipts to the Estate. When an accounting is waived, the statutory fee base does not include receipts to the Estate unless the Petitioner provides detailed schedules of receipts, gains, and losses (Cal. Rules of Court, rule 7.550(b)(6) and 7.705(b)). The statutory fee in this Estate totals $8,838.08 unless such schedules are provided in an Amendment to Petition.
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Petitioner is ordered to file either: 1. A Supplement to Petition that provides the following information: a. Was Decedent the surviving spouse of a person who received the health care described in Probate Code section 9202, subd. (a)? b. Was notice to the California Victim Compensation Board required pursuant to Probate Code section 9202, subd. (b)? c. Was notice provided to the Franchise Tax Board as required by Probate Code section 9202, subd. (c)(1)? OR 2. An Amendment to Petition that: a. Provides all of the above information; and b. Provides detailed schedules of receipts, gains, and losses. (Cal. Rules of Court, rule 7.3(4).)
If Petitioner files an Amendment to Petition, he must also file Proof of Service confirming that at least fifteen days’ notice of the Amendment was provided to all interested parties on the mandatory Judicial Council Form “Notice of Hearing – Decedent’s Estate or Trust.” (Judicial Council Forms, form DE-120; Cal. Rules of Court, rule 7.53(a).)