GUIDE TO LAW

OFFICE PROCEDURES MANUAL

PRO BATE

CHAPTER J

PROJECT #1

OBJECTIVE

IMPORTANT NOTE:  I am not sure the dates on the documents and the date for Hearing are consistent, so be sure and double check them against the Rules of Court for Probate Actions.

Using the samples in the LOPM, Chapter J, pgs. J16-J18 as a guide and given basic facts, the student will prepare the following document:
Date document May 2, 2004

1.	Petition for Probate (attached copy of the Will and Attachment 8), DE-111;
2.	Check for the filing fee;
3.	Remember to make entries on the firm's Master Calendar.

LOPM reference:		Chapter J
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by the law offices of Alfred Courtley, located at 846 Main Street, Modesto, California 95353, telephone number (209) 555-1234. Mr. Courtley’s State Bar Number is 200000. Your office is representing John Gottamori, Jr. as administrator of his mother’s estate.

Sally Jane Gottamori died intestate on April 17, 200x. She had a massive heart attack at home. Her home address was 6533 Sycamore Lane, Modesto, Stanislaus County, California. Her husband had predeceased her on February 2, 1988. She left three adult children, two deceased children, and four grandchildren as follows:

John Gottamori, Jr., the oldest child, is married to Sherri Gottamori and they have two adult children, Megan Gottarnori and Jennifer Gottamori, all residing at 30306 Circle R Lane, Modesto, California 95353.

Anne Gottamori is a single adult and has no children. She resides at 5300 Rush Creek Way, Rancho Vista, California 93551.

The youngest child, Lynda Smith, recently divorced, has one minor child, Elizabeth, age 12, and resides at 6543 Manzanita, Modesto, California 95353.

Christopher Gottamori died leaving a surviving spouse, Lori Gottamori, and two adult children, Ryan Gottarnori and Kristie Gottamori, residing at 40501 Brisa Drive, Walnut, California 94821.

Ronald Gottamori died leaving a surviving spouse, Janet Gottamori, but no issue.

Full authority to administer under the Independent Administration of Estates Act is being requested and a bond in the amount of $75,000 will be required. Publication to be arranged in the Modesto Bee.

The estimated value of personal property is $65,000, which includes a $50,000 Certificate of Deposit bearing interest at the rate of 4 percent per annum creating an annual gross income of $2,000. There is no annual gross income from real property. The market value of decedent’s residence on the date of death was $200,000.

Hearing on the Petition will be June 15, 200x, at 9 a.m., in Department 32 of the Superior Court of Stanislaus County, 800 11th Street, Modesto, California, before The Honorable William Brown. When filed with the Court, the case will be assigned Case No. 89831.

PROJECT #2

OBJECTIVE

Using the samples in the LOPM, Chapter J, pgs. 19-20 and the basic facts provided in Project #1, the student will prepare a:

1.	Notice of Petition to Administer Estate (publish in newspaper for 30 days), DE-121.
2.	Proof of publication must be filed with the Court before the Hearing Date.

LOPM reference:		Chapter J
Other reference:	LSI Legal professional’s Handbook

PROJECT #3

OBJECTIVE

Using the samples in the LOPM, Chapter J, pg. J23 and given basic facts provided in Project #1, the student will prepare:

1.	Order for Probate, DE-140;
2.	Calendar dates, if needed.

LOPM reference:	Chapter J
Other reference:	LSI Legal Professional’s Handbook

PROJECT #4

OBJECTIVE

Using the samples in the LOPM Chapter J, pgs. J-26, J-27-28 and given basic facts provided in Project #1, the student will prepare:

1.	Letters, DE-150;
2.	Duties and Liabilities of Personal Representative, DE-147
3.	Notice of Administration to Creditors, DE-157
4.	Allowance or Rejection of Creditor’s Claim, DE-174
5.	Calendar dates, if needed.

LOPM reference:	Chapter J
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by the law offices of Alfred Courtley, located at 846 Main Street, Modesto, California 95353, telephone number (209) 555-1234. Mr. Courtley’s State Bar Number is 000000. Your office is representing John Gottamori, Jr. as administrator of his mother’s estate.

Prepare a Notice of Administration to Creditors for the Estate of Sally Jane Gottamori utilizing the following information:

Letters of Administration were issued to John Gottamori, Jr. on June 20, 200x. As a matter of procedure in the law firm of Alfred Courtley, Notice of Administration to Creditors is given to following:

Internal Revenue Service
Fresno, CA 93888

Franchise Tax Board
Sacramento, CA 95807

Bills were recently received for Mrs. Gottamori from the following creditors:

Memorial Hospital
800 S. Devine Dr.
Modesto, CA 95355

Wells Fargo Bank
P.0. Box 867
Oakland, CA 94567

Shell Oil Co.
P.0. Box 940
Tulsa, OK 71042

Mrs. Gottamori made monthly installment payments to First Auto Payment Center, 642 Davenport Drive, Modesto, CA 95355.

PROJECT #5

OBJECTIVE

Using the samples in the LOPM, Chapter J. pgs. J-38-2 - J-41 as a guide and given basic facts provided, the student will prepare:

1.	Inventory and Appraisement, DE-180.
2.	Calendar dates, if needed.

LOPM reference:	Chapter J
Other reference:	LSI Legal professional’s Handbook

INSTRUCTIONS TO STUDENT

You are employed by the law offices of Alfred Courtley, located at 846 Main Street, Modesto, California 95353, telephone number (209) 555-1234. Mr. Courtley’s State Bar Number is 887625. Your office is representing John Cottamori, Jr. as administrator of his mother’s estate.

Prepare a complete Inventory and Appraisement. The following are the assets of the estate:

1.	Residence and real property located at 6533 Sycamore Lane, Modesto, Stanislaus County, California. The legal description is Lot 5 of Tract No. 18, per Map recorded in Book 8, pages 3 and 4 of Maps, in the office of the County Recorder of Stanislaus County. The assessor’s parcel number is 333-010-4321.

2.	Silver coin collection

3.	50 shares of common stock with Sears, Roebuck & Co.

4.	Cash in Mrs. Gottamori’s purse in the amount of $55.88

5.	Checking account with Bank of America, Modesto Main Branch, Acct. No. 555-693-212 with a balance of $745

6.	Original signed print by Norman Rockwell

7.	Household furniture, furnishings, and personal effects

8.	Certificate of Deposit No. 4554 from Bank of America, Modesto Main Branch for $50,000

9.	1990 320i BMW automobile, California license #LUVLIFE

A bond in the amount of $75,000 was previously required to be posted and will be sufficient to cover the value of the assets.