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PETITION TO ESTABLISH INVALIDITY OF PROPOSED TRANSFER BY WILL AND OBJECTIONS TO FINAL ACCOUNT

DATE :
TIME :
DEPT :

Petitioners X and Y allege for a first count against both respondents as follows:
///
FIRST COUNT
(Invalidity of Proposed Transfer)
1. Petitioners are heirs of decedent. Petitioner X is the personal representative of the estate of Z, deceased and is entitled to received the inheritance of Z, deceased, from the estate of Old Lady, deceased, pursuant to Probate Code sections 11801 and 11802. Z is an heir at law of decedent died after decedent.
2. As hereinafter described in this petition, petitioners, as heirs at law of decedent or as the personal representative of an heir at law of decedent, have standing to bring this petition to establish the invalidity of the proposed transfer of decedent’s estate by will.
3. Decedent died without issue on date, at age 107 in A Town, California, and probate is pending in this court.
4. Decedent had a brother who predeceased decedent without issue. Decedent’s parents predeceased decedent. Decedent’s father had no siblings. Decedent’s mother had four siblings. Petitioners are the issue of those siblings. 
5. Decedent executed a holographic will dated date, less than three weeks before her death.
6. Decedent’s holographic will was admitted to probate in this court. The sole beneficiary of the holographic will, respondent A authenticated the holographic will.
7. No executor was named in decedent’s will and respondent Bank, 
N. A., was nominated to serve as administrator with the will annexed by the sole named beneficiary, respondent A. 
8. Respondent Bank, N. A., was appointed the administrator with the will annexed and continues to serve as administrator.
9. Respondent A is not related to decedent.
10. Petitioners are informed and believe, and thereon allege that for a period of time prior to the execution of the holographic will and continuing until her death, respondent A, a medical doctor, resided with decedent, and was a care giver for decedent.
11. Petitioners are informed and believe, and thereon allege that respondent A’s fiancée, B, also resided with decedent and was a care giver for decedent prior to the execution of decedent’s will and until decedent’s death.
12. Petitioners are informed and believe and upon said information and belief allege that C, attorney for respondent Bank, N. A., called and or responded to calls from several of decedent’s heirs that respondent A was decedent’s doctor and took care of her in the final months of her life and that is why decedent left her estate to him “and there is nothing you can do about it.”
13. Petitioners are informed and believe and thereupon alleges that respondent A is a disqualified person as defined in California Probate Code Section 21350.5 and is not entitled to any portion of decedent’s estate.
14. Petitioners are informed and believe and thereupon alleges that no Certificate of Independent Review was prepared by an independent attorney on behalf of the decedent who examined and advised decedent regarding the disposition in her will.
15. Petitioners are informed and believe and thereupon allege that since respondent A is a disqualified person, even if his cohabitant, also a medical doctor, were the care giver, respondent is disqualified as a beneficiary under decedent’s will. 

ates less than $300,000. Please call us to discuss your situation and receive information about our services. Size of Estate Statutory probate Generally, fees in a probate case may be for the services of 1) the executor, 2) the probate attorney and 3) the appraiser. The specific fees schedules shown above are for the probate attorney only. California Trust Los Angeles, living trusts LA COUNTY Santa Monica Trusts wills LA How much does a California probate action cost? The California Probate Code sets the maximum statutory fees probate that attorneys can charge for a probate and for the executor's fees. Higher fees can be ordered by a court for more difficult cases. The fees listed above are the statutory fees used to compensate attorneys and executors in probate cases. Probate discounted fees are shown for comparison. The statutory fee is determined by a formula that ranges from 4 percent to 1/2 percent of the estate assets, depending on the size of the estate. On the average, the fees are between 2 and 2.5 percent of the estate assets. What does an executor do? the fair marke The executor is the person designated to administer all assets in Trust order to settle the estate through probate. Since probate is a time-consuming and frustrating experience that requires numerous signatures and occasional court appearances, it is preferable to name an executor who resides in the state where the probate will be conducted. The executor should be only one person. The executor is usually a family member or trusted friend, but may be a bank trust officer or an attorney. The executor therefore works for the deceased's estate. The executor will still receive his or her full statutory fee which is based on the size and complexity of the estate. Probate fee schedule does not affect what the executor receives. How much will an appraisal CALIFORNIA who ADVANCE HEALTH the fair marke California Will CARE DIRECTIVE.of the estate cost? Estates are appraised by probate referees, determine t value of the asset. The fair market value includes mortgages and other debts, which can result in an appraisal of the property that is higher than the equity that the deceased owned in the property. Probate referees are appointed by the state controller's office and they receive a fee based on .1 percent of the assets that have been appraised. The appraisal fees must be paid before an estate can be closed. What about Court costs? CALIFORNIA ADVANCE HEALTH CARE DIRECTIVE.Wills In addition to the statutory attorney's fees, there are costs for court filing fees, appraisal fees, executor's fees, publication costs, and miscellaneous fees charged by the county. A typical estate might incur $1,000 in court costs and other mandated fees. What are the advantages of probate? The proceedings are controlled by a CALIFORNIA ADVANCE HEALTH CARE DIRECTIVE judge, who can decide disputes between heirs or between the heirs and the executor. Creditors are required to submit their claims against the estate within a four-month period, provided they have been notified of the probate. The executor is required, in most cases, to prepare a detailed accounting and report of the executor's activities.