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third accounting (hereinafter sometimes referred to as the Third
Account), covering the period October 1, 1987, through April 15,
1991. Petitioner and DiLeonardo each received a copy of the
Third Account.
Among other matters in the Third Account, the Trustee
recommended a distribution of “delayed income” with respect to
the sale of L.O. Ivey’s residence after the death of L.O. Ivey’s
widow, who had lived in the residence rent-free pursuant to a
court-ordered probate homestead. The Trustee calculated the
amount payable to each of the income beneficiaries, but
acknowledged that a different formula would result in a
different, smaller, current distribution. The Trustee asked the
California Court to provide instructions on this matter and, in
connection therewith, to appoint a guardian ad litem to represent
minor and unborn contingent remainder beneficiaries. The Trustee
also proposed that the net profit from the sale of that residence
be allocated half to income and half to principal.
After reviewing the Third Account, DiLeonardo advised
petitioner to contact an attorney specializing in probate matters
to review the Third Account, make recommendations, and represent
petitioner as needed. DiLeonardo contacted several attorneys on
petitioner’s behalf.
Two attorneys, John D. Burroughs, hereinafter sometimes
referred to as Burroughs, and Evan W. Field, hereinafter
sometimes referred to as Field, from the law firm of Burroughs,
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