OBJECTION TO FIRST AND FINAL

Lemia C. Williams

% Ava Williams

823 Harvey Way

Sacramento, CA 95831

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Appearing in pro per

IN THE SUPERIOR COURT OF CALIFORNIA

FOR THE COUNTY OF SAN JOAQUIN

 

IN THE MATTER OF THE ESTATE OF LEMUEL CORDELL WILLIAMS, AKA LEMUEL C. WILLIAMS, AKA LEMUEL WILLIAMS,

Decedent,

 Case No.: STK-PR-EST-2020-67

OBJECTION TO FIRST AND FINAL ACCOUNT & REPORT OF ADMINISTRATOR AND PETITION FOR ORDER AUTHORIZING ITS SETTLEMENT, AUTHORIZING PAYMENT OF ADMINISTRATOR COMMISSIONS AND COSTS AND ATTORNEY FEES AND COSTS, DISCHARGING SURETY, AND AUTHORIZING FINAL DISTRIBUTION

 

NOW COMES Lemia C. Williams, and files this Opposition to First and Final Account & Report of Administrator and Petition for Order Authorizing Its Settlement, Authorizing Payment of Administrator Commissions and Costs and Attorney Fees and Costs, Discharging Surety, and Authorizing Final Distribution (hereinafter referred to as the “First Report and Petition”), and hereby avers as follows:

  1. Petitioner filed a First Report and Petition in which she indicated that she wanted the Estate of Lemuel Cordell Williams (hereinafter referred to as the “Estate”), Susan Williams and Lemia C. Williams to cover mortgage payments in 2019 for 8 months, mortgage payments in 2020 for 5 months, mortgage payments in 2020 for 3 months, HOA assessment in 2019 for 8 months, and HOA assessment in 2020 for 8 months. 
  2. The total amount of the foregoing payments was calculated to be $35,910.26, out of which $8,977.56 would be covered by Lemia C. Williams. Lemia objects that she should pay mortgage and HOA assessment fees from the time Decedent died totaling $8,977.56. 
  3. Lemia objects on the basis that she did not live in the property after Decedent died. Only Susan and her family lived at the property and had its exclusive possession and use. Lemia has had no access to the house since Decedent died. 
  4. Decedent died in May 2019. Lemia has not lived on the property since May 2019.
  5. By living on the property since Decedent died, Susan and her family retained the use and benefit of the property. Similarly, Susan should cover costs such as mortgage and HOA assessment fees. 
  6. Lemia did not enjoy any use or benefit of the property since Decedent died. She did not even have access to the property during that period. Susan is well aware that Lemia did not have access to the property after Decedent died since she and her family are the only people who lived on the property since Decedent died. Therefore, it is untenable for Susan to require Lemia to pay mortgage and HOA assessment costs despite the fact that she did not access or enjoy the use or benefit of the property after Decedent died. 
  7. There is no binding oral or written agreement or contract signed by Lemia agreeing to cover mortgage and HOA assessment costs on the property after the death of Decedent. 
  8. Susan also wants the Estate to cover mortgage and HOA assessment costs in the sum of $8,977.57. Lemia objects on the basis that there is no support order requiring the Estate to cover the property’s mortgage and HOA assessment costs. 
  9. The proposals by Susan for Lemia to pay mortgage and HOA assessment costs in the sum of $8,955.56 and the Estate to cover mortgage and HOA assessment costs are her attempt to avoid liability for mortgage and HOA assessment costs for the period that she and her family had full, exclusive access to the property after Decedent’s death. 
  10. She attempts to do so unilaterally, with full knowledge that there is no binding oral or written agreement requiring Lemia to pay mortgage and HOA assessment costs for the time she did not have access to the property, or support order requiring the Estate to cover mortgage and HOA costs after Decedent’s death. 
  11. If this Court grants Susan’s proposal for the Estate to cover mortgage and HOA costs from the period since Decedent’s death, the Estate will be depleted to cover costs that she is liable for.

REASONS WHEREFORE, PREMISES CONSIDERED, Lemia C. Williams respectfully requests this Honorable Court to grant the following reliefs:

  1. DENY the First and Final Account & Report of Administrator and Petition for Order Authorizing Its Settlement, Authorizing Payment of Administrator Commissions and Costs and Attorney Fees and Costs, Discharging Surety, and Authorizing Final Distribution;
  2. ISSUE a declaration that Lemia C. Williams and the Estate shall not be required to pay mortgage and HOA assessment costs from the time of Decedent’s death;
  3. GRANT such equitable relief as this Court deems fair under the circumstances; and
  4. GRANT such further relief as this Court deems proper.

 

Dated this ____ day of July, 2022.

 

Respectfully Submitted,

 

___________________________________

Lemia C. Williams

VERIFICATION

I, Lemia C. Williams, being duly sworn depose and say that I have read the foregoing Objection to First and Final Account & Report of Administrator and Petition for Order Authorizing Its Settlement, Authorizing Payment of Administrator Commissions and Costs and Attorney Fees and Costs, Discharging Surety, and Authorizing Final Distribution and know the contents thereof. That the same is true of my own knowledge except as to those matters and things stated upon information and belief.

 

_________________________________

(Sign in the presence of a Notary Public)

 

Sworn and subscribed before me this ____ day of July, 2022.

_____________________________________________

Notary Public

_____________________________________________

(Printed name of Notary Public)

My Commission Expires: ________________________

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