ESTATE OF ROBERT HAZEL

CASE NUMBER: 24PB-0032573

This matter is on calendar for hearing on the Second Amended First and Final Account and Report of Administrator and Petition for Final Distribution. The matter has been properly noticed with proof of service on file. No objections have been raised.

The Petition requests that Robbin’s share of the estate be reduced by the total amount of mortgage payments made on the home from November 2023 to November 2024. The Court previously noted that the estate is entitled to the fair rental value for that time period. No evidence has been provided to support that the fair rental value of the home is the same amount as the mortgage payments ($2,100 per month for a total of $25,200). The proposed distribution is incorrect.

The decedent has three living children and one pre-deceased child. The pre-deceased child has three living children. Pursuant to Probate Code Section 240, “the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue.”

As a result, John, Robbin, and James are each entitled to one-quarter share of the estate. Olivia, Michialla, and Michael are entitled to their mother’s one-quarter share of the estate, thus each acquiring a one-twelfth share.

Additionally, distribution of the amount reduced from Robbin’s share for the fair rental value of the home is incorrect. The tentative ruling of March 2, 2026, stated, “Ms. Lagoria’s share 5 shall be reduced by the fair rental value of the home for the stated time period and distributed to the remaining heirs accordingly.” The remaining heirs are John, James, Olivia, Michialla, and Michael. John and James are each entitled to one-third the amount of the fair rental value. Olivia, Michialla, and Michael are to entitled to their mother’s one-third share of the fair rental value equally, resulting in a one-nineth share to each.

Consequently, the proposed future distribution is also incorrect. John, Robbin, and James entitled to 25% interest and Olivia, Michialla, and Michael are entitled to a 8.33% interest.

The matter is continued to Monday, July 13, 2026, at 2:30 p.m. in Department 44 for further proceedings regarding the second amended First and Final Account of Administrator and Petition for Final Distribution. A third amended Petition is required to be filed to address the issues raised above. A new Notice of Hearing is required to be filed and served for the continued hearing date, along with a copy of the third amended Petition, on all parties entitled to notice. No appearance is necessary on today’s calendar.