Estate of Maciel CA2/5

I. INTRODUCTION

The objector, James D. Maciel, Sr., appeals from a July 29, 2014 order settling the amended first and final account and report of plaintiff, Mark Maciel. Plaintiff provided an account and report of real property belonging to the Estate of Joseph D. Maciel pursuant to a court order. On appeal, the objector contends the total surcharges against plaintiff were not calculated correctly. In addition, the objector challenges the probate court’s approval of attorney’s fees and costs to plaintiff’s attorney. We conclude the total surcharges sum fails to include the disallowed funeral expenses. Once our remittitur issues, the probate court is to modify the July 29, 2014 order. The probate court is to add the disallowed funeral expenses to the total for all surcharges and disallowed disbursements ordered against plaintiff. As corrected, the July 29, 2014 order is affirmed in its entirety.

II. BACKGROUND

On April 3, 2012, the probate court ordered plaintiff to provide an account to his brothers. Plaintiff’s two brothers are the objector and David Maciel. The probate court appointed John Gottes as the estate’s administrator on August 3, 2011 but later accepted his…