Estate of Sanchez

Good Law
33 Cal. App. 4th 239·39 Cal. Rptr. 2d 141
Court of Appeal of CaliforniaMarch 16, 1995B084477California1,315 words

Opinion

Opinion

Gilbert, J.

OPINION The administrator of an estate operates a business owned by the decedent. Here we hold that the administrator's fees are calculated upon the net receipts, not the gross receipts of the business. Philip A. Larry, administrator of the estate of Maria Luisa Sanchez, deceased, appeals an order of the probate court settling the third and final account and allowing compensation for ordinary and extraordinary services. We affirm. FACTS Maria Luisa Sanchez died on May 22, 1985, in Ventura County. At the time of her death, Mrs. Sanchez owned La Perla Market, a liquor store, and La Perla Tortillaria, a restaurant. Mrs. Sanchez's four adult children survived her. Prior to her death, the children had commenced litigation among themselves concerning the two businesses. On October 24, 1986, the probate court appointed Philip A. Larry as administrator of the estate, to act without court supervision under the Independent Administration of Estates Act. Larry operated the liquor store and restaurant without much financial success. Given the disagreements among the heirs, Larry's caretaking task proved daunting. In settling an early accounting, the probate judge stated that Larry was…

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