To: Board of Supervisors
From: Social Services
Meeting Date: June 21, 2022
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Department Contact: |
Bekkie Emery |
Phone: |
707-463-7761 |
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Department Contact: |
Stephen White |
Phone: |
707-467-5868 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Approval to Establish a Revolving Fund for Mendocino County’s Public Guardian
End
Recommended Action/Motion:
recommendation
Approve establishment of a revolving fund for Mendocino County’s Public Guardian.
End
Previous Board/Board Committee Actions:
None
Summary of Request:
The duty of the Public Administrator is to administer estates of deceased residents of Mendocino County who die without wills (intestate) or who lack relatives who will administer the estate (Probate Code Section 7601, et al). The Public Administrator’s Office receives an average of 6 new cases per month. The majority of these cases do not have ready cash available to pay the necessary fees and costs involved in the probate of an estate, such as filing fees, publication costs, birth and/or death certificates.
Personal and/or real property needs to be liquidated during the probate process; however, to liquidate the property there are often costs involved before the property can be sold. Real properties can be in a state of disrepair or require excessive cleanup, such as removal of toxic substances or bio-hazards, for the house to be presentable for sale. There may be a need of pest or termite abatement requiring the procurement of professional contractors that are licensed. Vehicles must include a smog certificate when they are sold. When the properties are sold without remediation or ‘as is’ their value is reduced. When this occurs, the fees for the Public Administrator are reduced or often have a zero return rate. The establishment of a revolving fund as described in Government Code Sections 29460, et al, would allow the advancement of funds to repair and clean-up these illiquid but solvent estates, as well as pay for other necessities. The monetary return of an improved property would allow for replenishment of the revolving fund, as required in Government Code Section 29463, from proceeds of sale and improved opportunities to collect the full fees entitled to the Public Administrator’s Office for management of the decedent’s estate.
Alternative Action/Motion:
Return to staff for alternative handling.
Does This Item Support the General Plan? Choose an item.
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At:
<http://codes.findlaw.com/ca/government-code/gov-sect-29460.html>
<http://codes.findlaw.com/ca/probate-code/prob-sect-7601.html>
Fiscal Details:
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source of funding: General Fund |
budgeted in current f/y: No |
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current f/y cost: $30,000 |
if no, please describe: |
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annual recurring cost: revenue agreement: Choose an item. |
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budget clarification: |
Agreement/Resolution/Ordinance Approved by County Counsel: Choose an item.
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Deputy Clerk II |
Final Status:Approved |
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Date: June 21, 2022 |
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