IN THE MATTER OF MICHAEL JAMES WILLESEN
Petition for Waiver of Accounting and Final Distribution
Motion type
Parties
Ruling
2025PRDE046021: IN THE MATTER OF MICHAEL JAMES WILLESEN 06/25/2026 in Department J6 Hearing on Petition for Waiver of Accounting and Final Distribution
All persons entitled to distribution from the estate must either waive the final account or execute a written acknowledgment that the person's interest has been satisfied. If adequate provision has been made for satisfaction in full of the person's interest, then a waiver or acknowledgment is not needed. (Prob. Code, § 10954.) No waivers by all persons entitled to distribution are provided. The petition does not demonstrate how adequate provision has been made for full satisfaction of the specific gift beneficiaries.
Subject to full compliance with section 10954, the Court will waive an account. Alternatively, Petitioners may serve and file an account.
The basis for fee computation, when an account is waived, must be included in the petition substantially in the form provided in California Rules of Court, rule 7.705(a). (Cal. Rules of Court, rule 7.705(b).) That section requires the personal representative to state any receipts, gains, and losses. The petition fails to comply.
Petitioners are directed to serve and file a verified supplement addressing the foregoing issues.
Re the notice of hearing, the Court notes that the service list incorrectly identifies Karla Weiskopf, Shawn Bechard, and Stephanie Bechard as “alt beneficiary to Chuck Morganti.” These individuals are beneficiaries of the estate in their own right.
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