Probate Notes

Probate Examiners, Anne Holsinger and Michelle Warren, may be reached at Probate.Examiner@stanct.org . Telephone calls can be directed to the Probate Unit as set forth above. Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. The Probate Examiner can only respond to inquiries regarding the meaning of comments in the notes. Please do not email to notify that documents have been filed, to request a confirmation whether documents have been received, or to request the clearing of notes. No legal or procedural advice may be given by the Probate Examiner in response to your email.

• It is the goal of the Probate Examiner to have Probate Notes posted five (5) calendar days prior to the hearing.
• Defects described in the Probate Notes must be corrected prior to approval of the moving papers. 
• If you are filing documents to cure technical defects, they should be filed NO LATER THAN FIVE COURT DAYS before the hearing.  Later-filed documents might not be reviewed prior to the hearing and could result in a continuance of your case.

Probate Notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance.

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Please Note: "Appearance not required (by VCourt if preferred)."

This language indicates that no one is required to appear at the hearing.  Probate hearings are open to the public, however, and anyone who wishes to observe a proceeding may do so. Appearances in most cases may be made in person or remotely, by telephone, using VCourt. For more information on how to appear by VCourt, please see the section "Remote Telephonic Hearings" on the home page of this website.

POSTED SEPTEMBER 29, 2022, UPDATED 12/02/22

• Please help expand the list of qualified counsel willing to accept appointment in Probate matters, as either court-appointed counsel in Conservatorships pursuant to PrC§1471, Guardians ad litem, successor personal representatives in decedents' estates, and successor trustees. Keep an eye on these public notices in the coming weeks to learn more about the qualifications, requirements, and how to be added to the list of those willing to accept appointment.

• For appointment as counsel in a Conservatorship, please see the list of qualifications and requirements found in California Rule of Court 7.1103 and 7.1105.

• Review forms PR004, PR005, and GC-010 available for download on the Common Forms & Packets page here: https://www.stanislaus.courts.ca.gov/forms-filing/common-forms-packets for more information.  Remit your completed forms to the Superior Court.

POSTED DECEMBER 17, 2021

• Effective 01/01/2022, the fee for court-appointed legal counsel in conservatorship proceedings shall increase to $125.00 per hour.

POSTED OCTOBER 13, 2021

• It has come to the Court’s attention that due to changes in a major newspaper’s online publication submission procedure, some intestate proceedings are being published with reference to a request to “admit decedent’s wills and codicils, if any.”  The Court interprets the phrase “if any” as applying to the word “codicils”, as the next published sentence is “The will and any codicils are available for examination in the file kept by the Court”. Not only is the quoted language inconsistent, it is false, as there are no wills or codicils available for review in these proceedings.  One may reasonably rely on the misrepresentation and take no action believing a will has been or will be provided to the Court.  The Court cannot find this misleading notice to be harmless error.  As such, in these instances, the Court has ordered a republication with corrected language.  The Court has heretofore held that the republication fee is not reimbursable, however, given that the changes to the newspaper’s procedure are recent, and given the sheer volume of cases requiring republication, the Court will permit one republication fee to be reimbursable.  Requests for reimbursement will be granted for any one republication that occurs on or before June 1, 2022.

  Please note it also has recently come to the Court’s attention that the major newspaper may have revised, or may be revising, its online publication submission procedure to account for this issue.  

• Effective July 1, 2021, pursuant to Local Rule 8.04(D) , all communication with the Probate Examiner must be conducted via email, Probate.Examiner@stanct.org . Communication must be limited to the content of Probate Notes. 

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FRIDAY, APRIL 26, 2024
Department 22
8:30 a.m.

PR-22-001165 ESTATE OF CLIFFORD HENRY VILMUR
Hearing on PrC§12200 Status Report of Administration continued from 02/28/24:
•    Report was not verified by the personal representative. See California Rule of Court rule 7.103(c) and Probate Code section 1023.
•    Report does not specify the time necessary for close of the estate (PrC§12201).
Recommend court allow estate to remain open and set a further Account Review Hearing 08/15/24 at which time a Second PrC§12200 Status Report must be filed which complies with PrC§12201 (see above notes).
Appearance not required (by VCourt if preferred).

PR-21-000554 ESTATE OF CESARE JERRY DEPALMA
Hearing on Report on First and Final Account and Petition for Final Distribution Under Will to Testamentary Trusts and for Allowance of Compensation to Attorney and Executor for Ordinary Services continued from 02/29/24:
Prior Notes have been cured.
Recommend approval of petition and account.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-21-000706 ESTATE OF CINDY ALAINE BROWN
Hearing on Petition for Final Distribution on Waiver of Account, Report of Administrator, and Petition for Reimbursement of Costs Advanced by Attorney and Allowance of Statutory Attorney’s Fees continued from 12/27/23, 03/01/24:
Petition by personal representative’s former counsel on file (file-mark 03/18/24), as well as Declaration of current counsel in response thereto on file (file-mark 04/15/24).
Hearing required.
Appearance by counsel required (by VCourt if preferred).

PR-22-000515 ESTATE OF MATTHEW R. STAACK
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for: Final Distribution and Allowance of Reimbursement of Costs and Statutory Compensation to Attorney for Ordinary Services continued from 03/06/24:
Prior Notes have been cured.
Recommend approval of Report and Petition as supplemented.
Need new proposed Order with specific distributions.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-23-000256 ESTATE OF MOLLIE S. ALLSUP
Hearing on First and Final Report of Executor on Waiver of Account and Petition for Statutory Compensation to Executor and Attorney, and for Final Distribution continued from 03/06/24:
Prior Notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).  

PR-23-001218 ESTATE OF ANITA LOUISE BRUMLEY
Hearing on Petition for Letters of Administration continued from 01/03/24, 03/01/24:
Prior Notes have been cured.
Recommend approval of petition.
Recommend Inventory Review Hearing 10/29/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000086 ESTATE OF GEORGE EDWARD COSTA, JR.
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 03/05/24:
Will is not self-proving. Proof of Subscribing Witness is on file.
Prior notes have been cured.
Recommend approval of petition and admission of will to probate.
Recommend Inventory Review Hearing 10/29/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000095 ESTATE OF NORMA JEAN CATHCART
Hearing on Petition for Letters of Administration continued from 03/05/24:
Prior notes have been cured.
Recommend approval of petition.
Recommend Inventory Review Hearing 10/29/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000096 ESTATE OF ROBERT HERRERA RAYMUNDO, AKA ROBERT H. RAYMUNDO, ROBERT RAYMUNDO
Hearing on Petition for Letters of Administration continued from 03/05/24:
Nothing filed since previous hearing. Prior Notes remain:
•    Petition item 8 reflects that the name of decedent’s mother is unknown to petitioner. This person, or her issue if she is deceased, would be an heir of the decedent’s estate [PrC§6401(c)(2)(B)]. 
          o    Please explain petitioner’s efforts to identify, locate, and serve this heir including reviewing decedent’s death certificate and birth certificate.
                    X    Once the heir has been identified, please provide additional detail as to petitioner’s efforts to serve her or her issue pursuant to Local Rule 8.14 B and CRC 7.52.
•    It appears to the court that the request to deposit all sums into the attorney’s trust account is not authorized under the code. See PrC§§8480-8488. Please provide an authority for that request, or the court may order funds deposited in a financial institution pursuant to PrC§9703, or, in the alternative, order that the personal representative is not authorized to take possession of money or any other property without a specific court order.
Appearance by counsel required (by VCourt if preferred).
 

MONDAY, APRIL 29, 2024

(No decedent's estates or trust matters on calendar)

TUESDAY, APRIL 30, 2024
Department 22
8:30 a.m.

2201185 ESTATE OF MARY F. ROSENBAUER
Discharge Review Hearing continued from 07/14/2021, 08/26/21, 02/24/22, 02/23/23, 02/27/24:
Order approving supplemental account was file-marked 03/01/24.
•    Ex Parte Petition for Final Discharge and Order not yet submitted.
Recommend continuance to 08/27/24 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).

PR-20-000256 ESTATE OF FRANK L. ZAVALA, SR.
Discharge Review Hearing continued from 10/26/23, 02/21/24:
One of three receipts of distribution not on file.
An Application and Motion for Order to Deposit Estate Property with the County Treasurer has been submitted ex parte, with proof of service attached reflecting service by mail four calendar days prior to this date. 
Ex parte application: 
•    Seeks an order that $393.89 in the name of the remaining distributee be deposited with the County Treasurer.
•    Also includes a request that the court allow the administrator and administrator’s counsel to keep a difference in statutory compensation of $53.86. 
      o    Order for Final Distribution file-marked 03/28/23 includes an order transferring stocks in Campbell Soup. Application alleges that the administrator discovered the stocks were never part of the decedent’s estate.
Both requests submitted to court for determination.
Appearance by counsel required (by VCourt if preferred).
 

PR-21-000581 ESTATE OF LEON V. APELIAN AKA LEON APELIAN
Discharge Review Hearing continued from 05/04/23, 08/09/23, 02/27/24, 02/28/24:
Prior Notes remain:
Receipts of distribution are on file.
Ex Parte Petition for Final Discharge and Order with recording information not on file.
Appearance by counsel required (by VCourt if preferred).

PR-22-000576 ESTATE OF JACK D. BARNES
Order to Show Cause issued 02/29/24 to personal representative:
•    Recommend court discharge Order to Show Cause as Administrator has filed a Petition for Final Distribution.
Account Review Hearing continued from 02/29/24:
A Petition for Final Distribution has been filed and set for hearing 08/08/24.
Hearing of 08/08/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-000680 ESTATE OF MARIA FATIMA SILVEIRA, AKA MARIE F. SILVEIRA
Inventory Review Hearing continued from 02/27/24:
Final Inventory and Appraisal on file. 
A Petition for Final Distribution has been filed and set for hearing 07/25/24.
Hearing of 07/25/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-000857 ESTATE OF ANNAMARIE FACHA, AKA ANNA MARIE FACHA
Inventory Review Hearing:
Letters issued 11/03/23. Inventory and Appraisal due 03/04/24.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 12/03/24 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file. 
Inventory and Appraisal must be filed before next hearing.
See Local Rules 8.82 and 8.41 B.
Appearance not required (by VCourt if preferred).

PR-23-000868 ESTATE OF MARY ELIZABETH ALLEY
Inventory Review Hearing:
Letters have not yet issued after being returned to the attorney on 11/03/23.
Recommend court order the Administrator to submit proposed Letters to the clerk’s office within ten court days.
Recommend court set Review Hearing 05/15/24. If Letters are not issued by that date, the court will issue an Order to Show Cause to the Administrator to appear and show cause why he should not be removed from office for failure to move the case forward, and why the case should not be dismissed for lack of prosecution.
Appearance not required (by VCourt if preferred).

PR-23-000515 - The Phillip and Jane Reffle Trust
Hearing on Petition by beneficiary Pamela Bates for Accounting, Distribution, and Surcharge of Trustee continued from 08/15/23, 12/05/23:
Nothing filed since previous hearing.
On 12/05/23 court ordered Trustee to prepare an accounting from 02/19/19 to “current” (e.g. 11/30/23, approximately) and ordered the Accounting to be filed and served no later than 03/05/24. 
Recommend court issue Order to Show Cause to Successor Trustee Janet R. to appear and show cause why she should not be sanctioned, surcharged, and/or removed as Trustee for failure to file an Accounting as ordered.
Appearance by Trustee (self-represented) and petitioner’s counsel required (by VCourt if preferred).

PR-24-000045 SILVA REVOCABLE TRUST
Hearing on Petition for 1. Breach of Fiduciary Duty; 2. Accounting; 3. Surcharge; 4. Suspension & Removal; 4. Attorney’s Fees and Costs continued from 03/28/24:
Nothing filed since previous hearing. Prior Notes remain:
Petitioner was directed to personally serve the petition on Respondent. 
Appearance by petitioner’s counsel required (by VCourt if preferred).

PR-22-0000118 ESTATE OF SANDRA BONE, AKA SANDRA ELLEN BONE
Hearing on First and Final Account and Report of Administratrix; Petition for Settlement, for Allowance of Statutory and Extraordinary Commissions and Fees, and for Final Distribution:
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-22-000441 ESTATE OF CONSTANZA TOLENTINO
Hearing on Petition for Final Distribution of Estate on Waivers of Accounting; First and Final Report of Administrator; Petition for Allowance of Attorney Statutory Fees and Costs:
•    Prior Note regarding Inventory and Appraisal still applies: Attachment 1 contains property which pursuant to Pr. Code sections 8000 et seq. appear to fall under the category of property which ought to have been included in Attachment 2. See Instructions on page 2 of that form. Anything included in Attachment 1 is presumed to have been appraised by the personal representative and not by the Probate Referee.
•    Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
•    Notarized Waivers of Accounting not on file (Local Rule 8.69, PrC§10954).
•    Report paragraph 3 (Costs Advanced) appears to contain a small mathematical error or missing item. Sum of lines 10 through 17 does not equal the total reflected in line 19.
•    Report paragraph 5 states that no Claims were filed, which does not appear correct. Please see Local Rule 8.83 B.
•    Please be aware in future Notes that paragraph 8 the Report does not appear sufficiently detailed pursuant to PrC§9202(b) (knowledge of personal representative or estate attorney).
•    Proposed Order does not state the property on hand for distribution, the street address, legal description and assessor’s parcel number of the real property, nor the exact distributions. Reference to an Exhibit in the petition is insufficient.
Recommend continuance to 08/07/24 to allow time to cure defects, perfect notice.
Appearance not required (by VCourt if preferred).

PR-24-000213 RONALD GHISLETTA REVOCABLE TRUST
Hearing on Petition for Order Confirming Successor Trustee and Trust Assets:
Note has been cured.
If no one appears to object, recommend approval of petition.
Appearance not required (by VCourt if preferred).

9:30 a.m.

PR-23-000109 – In the Matter of the Leo Landucci and Patricia Landucci Revocable Living Trust of 2007
Court Trial (four-to-five day estimate)
Appearances mandatory.

WEDNESDAY, MAY 1, 2024
Department 22
8:30 a.m.

444857 KATHERINE O’KEEFE SPECIAL NEEDS TRUST
Account Review Hearing:
Tenth Account and Report of Successor Trustees has been filed and set for hearing 07/25/24.
Hearing of 07/25/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-19-000044 ESTATE OF PATRICIA ANN FERNANDEZ
Account Review Hearing continued from 12/07/23:
On 12/07/23 court ordered personal representative to file PrC§1200 Status Report within 90 days if estate is not in a position to be closed. Neither Petition for Final Distribution, Fifth PrC§12200 Status Report, nor a petition for appointment of a successor personal representative are on file.
•    Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202:
      o    To show condition of estate and why estate cannot be distributed and closed;
      o    So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
      o    Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator’s counsel required (by VCourt if preferred).

PR-22-000727 ESTATE OF RUTH MARIE ANTONIO
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 09/04/24.
Hearing of 09/04/24 will be confirmed.
Appearance not required (by VCourt if preferred).
 

PR-22-001049 ESTATE OF BRIAN KEITH SIMPSON
Account Review Hearing:
On 01/03/24 court ordered personal representative to file a PrC§12200 Status Report (with Notice pursuant to PrC§12201) within 90 days if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file. See Local Rule 8.82. 
•    Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202:
      o    To show condition of estate and why estate cannot be distributed and closed;
      o    So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
      o    Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

PR-23-000207 ESTATE OF FELIX VEGA
Account Review Hearing:
See Local Rule 8.82. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order personal representative to file a PrC§12200 Status Report (with Notice pursuant to PrC§12201) within 90 days if estate is not in a position to be closed.
Recommend continuance to 09/25/24 to allow time for filing of above pleadings. If neither pleading is on file by the next hearing date, the court may issue an order to show cause for personal representative to appear pursuant to PrC§12202.
Appearance not required (by VCourt if preferred).

PR-22-001162, In the Matter of the William G. and Emily B. Blackwell Revocable Living Trust
Petition by alleged Bypass Trust Beneficiary Cathleen Blackwell to Confirm Interest in Trust and to Compel an Accounting (Probate Code Section 17200) continued from 01/25/23, 05/03/23, 08/17/23, 01/10/24:
Objection filed by Trustee Ronald Lee Blackwell on the grounds of untimeliness and lack of standing.
Petition is Opposed.  
Verified Account for period of 01/01/04 through 12/31/07 on file.
Need status of meet-and-confer. 
On 01/10/24, court directed the filing of a status declaration, either joint or separate, no fewer than seven days prior this hearing. Two reports on file.
Appearance by counsel required (by VCourt if preferred).

PR-23-000502 ESTATE OF GEORGE LOUIS WANNER
Inventory Review Hearing continued from 01/09/24: 
A Partial No. 1 Inventory and Appraisal was filed on 10/26/23.
Another Partial No. 1 Inventory and Appraisal was filed on 01/08/24. This pleading was not titled “Corrected” Partial No. 1. 
A Final Inventory and Appraisal was filed on 04/04/24.
Examiner anticipates the issue of duplicate Partial No. 1 I&A’s will be addressed prior to closing the estate.
Recommend Account Review Hearing 08/14/24 pursuant to Local Rule 8.82.
Appearance by counsel required (by VCourt if preferred).

PR-23-001022 ESTATE OF GARY ARNOLD LOVELESS, AKA GARY A. LOVELESS
Inventory Review Hearing:
Corrected Final Inventory and Appraisal on file.
Recommend Account Review Hearing 12/10/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-23-001024 ESTATE OF WANDA L. COOPER, AKA WANDA LEE COOPER
Inventory Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 06/18/24.
Hearing of 06/18/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-23-001030 ESTATE OF JONETTE MARTINE
Inventory Review Hearing:
Letters issued 02/2/24. Inventory and Appraisal not due until 06/24/24.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
Recommend continuance to 08/13/24 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).

PR-21-000769 ESTATE OF SUSAN MELISSA HAYNES, AKA SUSAN M. HAYNES, SUSAN HAYNES, KYLE DAVID HAYNES, KYLE D. HAYNES, KYLE HAYNES
Hearing on Second PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court allow estate to remain open and vacate and reset the Account Review Hearing of 06/20/24 to 05/01/2025.
Appearance not required (by VCourt if preferred).

PR-22-000295 ESTATE OF INGRID EDDINS
Hearing on First and Final Account, Petition for Final Distribution, Allowance of Statutory Attorney’s Fees and Reimbursement of Costs:
Recommend approval of Account and Petition.
Need proposed Order.
Recommend Discharge Review Hearing 11/07/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-23-000225 ESTATE OF VICKI LYNN WATSON, AKA VICKI L. WATSON, VICKI WATSON
Hearing on First and Final Account and Report of Administrator and Petition for its Settlement; for Allowance of Statutory Compensation to Administrator and Attorneys, for Reimbursement of Costs Advanced, and for Final Distribution:
•    Notice of Proposed Action, attached as Exhibit D, does not appear to have been filed. See Local Rule 8.100 B (to be filed with affidavit of mailing attached).
•    Schedule G “Assets on Hand at End of Accounting” and the Distribution Worksheet attached list statutory fees that do not agree with Report paragraph 15.
•    Exhibit C “Costs to be Reimbursed to Petitioner”: please provide a copy of the attorney’s invoice for the “partition” matter”, as the fees described in Exhibit C do not agree with prayer paragraph 7 or Schedule G and the Distribution Worksheet.
•    Notice of Hearing not on file for Creditor whose approved claim will not be paid as this estate is alleged to be insolvent (Probate Code §§ 48, 9250, 11640, 11429; CRC 7.401). The creditor also filed a Request for Special Notice which has not been withdrawn.
•    Proposed Order page 3 lines 13-23 contain a court’s finding of the circumstances which led to this case being opened, namely a dispute between the decedent’s intestate heirs. That finding does not appear necessary to the court’s approving and settling this matter, particularly the characterization of one heir’s settlement offer as “unconscionable”.
Recommend continuance to 05/09/24, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).

THURSDAY, MAY 2, 2024
Department 22
8:30 a.m.

PR-20-000504 ESTATE OF HERMINIA A SCHMEHL
Discharge Review Hearing:
An Accounting on the Retained Funds has been filed and set for hearing on 08/20/24.
Hearing of 08/20/24 will be confirmed.
Appearance not required (by VCourt if preferred).
 

PR-22-000658 ESTATE OF JUAN CARLOS GALVAN, AKA JUAN C. GALVAN, JUAN GALVAN
Discharge Review Hearing:
See Local Rule 8.92.
Ex Parte Petition for Final Discharge and Order not yet submitted.
Recommend continuance to 08/13/24 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).
 

PR-22-000879 ESTATE OF JOHN PATRICK SALAZAR
Discharge Review Hearing:
Ex Parte Petition for Final Discharge was returned for correction 04/17/24.
Receipt of distribution to Nevada counsel not on file (see paragraph 10 on final page of Final Order file-marked 10/13/24).
Recommend continuance to 08/13/24 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).

PR-23-000881 ESTATE OF JONATHAN FLORES
Inventory Review Hearing:
Letters issued 12/28/23. Inventory and Appraisal due 04/29/24.
Partial No. 1 Inventory and Appraisal on file. Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
Recommend continuance to 08/13/24 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).

PR-23-001031 ESTATE OF BRUCE E. MARRIOTT, AKA BRUCE EDWARD
Inventory Review Hearing:
Letters issued 11/03/23. Inventory and Appraisal due 03/04/24.
Partial No. 1 Inventory and Appraisal on file. Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
Recommend continuance to 08/13/24 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).

PR-20-000786 ESTATE OF ISABEL YALLI, AKA ISABELL YALLI
Hearing on Third PrC§12200 Status Report of Administration:
Notice of Hearing does not appear complete pursuant to PrC§12201 on those for whom Assignments of Interest/Waivers of Notice have not been filed.
    Doris Yalli Fernandez aka Maria Doris Yalli Fernandez, Doris Maria Yalle.
    Mery Yalli Fernandez aka Rosa Mery Yalli Fernandez.
    Felix Yalle Vilcapuma aka Felix Policarpo Yalli Vilcapuma.
    Olmeda Yalle Gutierrez aka Olmeda Adrian Yalle Gutierrez.
    Evarista Yalli Vilcapuma.
    Eduardo yalli Vilcapuma aka Eduardo Eusebio Yalli Vilcapuma.
Recommend continuance to 06/20/24, to coincide with Account Review Hearing already set, to allow time for notice.
Appearance not required (by VCourt if preferred).

PR-21-001029 ESTATE OF SIDNEY TOLSON
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for Allowance of Compensation attorney for Ordinary Services and for Final Distribution:
•    Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69); Waivers must be filed separately (PrC§10954).
•    Amount of requested statutory compensation for attorney and administrator (line 28 on page 4) does not agree with the calculation reflected line 8 on page 5. Are attorney and administrator requesting a lesser amount of compensation than that to which they are entitled purs. PrC§10810, California Rules of Court rule 7.705(b)? Examiner notes the prayer agrees with line 8 on page 5 and not line 28 on page 4.
•    Please provide a Schedule for Distribution. See Local Rule 8.65 and PrC§§1063(f).
•    Proposed Order did not specify the amounts to be distributed, only fractions of the whole.
Recommend continuance to 07/03/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-22-000437 ESTATE OF BENJAMIN MICHAEL KING
Hearing on First and Final Report of Administrator on Accounting and Petition for its Settlement, for Allowance of Compensation of Ordinary and Extraordinary Services and Costs, and for Final Distribution:
REVIEW IN PROGRESS. PLEASE CHECK BACK.

PR-24-000290 AURORA CHIPPONERI SPECIAL NEEDS TRUST
Hearing on Petition to Establish Special Needs Trust; to Appoint Trustee, Authorize Interim Fees; Purchase of Primary Residence, and Vehicle; Permission for Additional Investments; and Allow Attorneys Fees and Costs:
•    Prayer paragraph M requests authority to spend a certain amount for purchase of a vehicle. The amount requested does not agree with petition paragraph 23.
Submitted to Judge for determination: 
•    Request for good cause exception to PrC§2574 prohibition of certain investment powers. See paragraphs 25-27 of the petition and Section 4 of Article 8 of the proposed Trust attached as Exhibit B.
•    Attorney and paralegal’s fees.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

ADD-ON:
PR-21-001362 THE MAUPIN FAMILY TRUST
Hearing on Motion to be Relieved as Counsel continued from 04/16/24:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

PR-21-000765 ESTATE OF KAREN FARIAS
Account Review Hearing 05/02/24 on retained funds pursuant to Local Rules 8.68, 8.92:
Ex Parte Petition for Final Discharge and Order has been approved.
Hearing was vacated.

PR-21-001283 ESTATE OF GERLENE FORREST, AKA GERLENE WALKER FORREST
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been approved.
Hearing was vacated.

PR-22-000017 ESTATE OF ELEANORE GARCIA CASTANEDA
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been approved.
Hearing was vacated.

PR-22-000872 ESTATE OF STEVEN E. HOPFENSPERGER
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been approved.
Hearing was vacated.

FRIDAY, MAY 3, 2024
Department 23
8:30 a.m.

PR-22-000423 ESTATE OF LISA TINA WATSON, AKA LISA T. WATSON, LISA WATSON
Hearing on Court’s Motion to Dismiss:
If no one appears, case will be dismissed.
Appearance not required (by VCourt if preferred).

Department 22
8:30 a.m.

PR-21-000291 ESTATE OF WILLIAM MATTHEW ARNOLD
Discharge Review Hearing continued from 06/15/23, 08/31/23, 01/04/24, 04/09/24:
Ex Parte Petition for Final Discharge and Order has not yet been submitted.
On 01/04/24 court ordered counsel to prepare Points and Authorities to support his argument no fewer than thirty days prior to this hearing – file-marked 03/08/24. Court also ordered counsel to submit a signed Form DE-295, Ex Parte Petition for Final Discharge and Order, within 30 days of that hearing – not submitted.
Memorandum includes a request for court orders, which appear not to have been pled/noticed.
Appearance required (by VCourt if preferred).

PR-22-000686 MATTER OF OZBIRN FAMILY 1993 TRUST
Hearing on Second Amended Petition (file marked 02/17/23) for Direction (PrC§17200) continued from 09/08/22, 11/17/22, 12/07/22, 04/04/23, 08/15/23, 11/14/23, 04/23/24:
Declaration re: attorney’s fees and costs filed 03/30/23. 
Objection filed – 05/05/23.
Possible long-cause matter.
Court to hear status of scheduling of mediation.
Appearance by counsel required (by VCourt if preferred).

PR-22-001152 ESTATE OF RONALD KOFTINOW, AKA RONALD I. KOFTINOW
Hearing on Petition for Final Distribution on Waiver of Account; for Allowance of Attorney’s Compensation for Ordinary Services continued from 04/03/24:
Prior Notes have been cured. 
Recommend approval of petition.
Recommend Discharge Review Hearing 11/07/24.
Appearance not required (by VCourt if preferred).

Department 7
9:30 a.m.

445230 ESTATE OF LONNIE LAMONT ASHLOCK
Court trial
Appearances mandatory.

MONDAY, MAY 6, 2024
Department 24
10:00 a.m.

PR-21-001404 ESTATE OF ROBERT NELSON, AKA ROBERT G. NELSON, SR.
(Related case PR-22-000250 Inventory Review Hearing.)
Settlement Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.

TUESDAY, MAY 7, 2024
Department 22
8:30 a.m.

PR-21-000085 ESTATE OF ANET SAROUKHANIOFF
Hearing on PrC§12200 Status Report of Administration continued from 03/26/24:
Notice of Hearing not on file as required by PrC§12201.
On 01/23/24 the court ordered the personal representative to file the Amended First and Final Account immediately, as counsel represented that the pleading had been drafted. That pleading is not on file.

Hearing on Petition to Approve First Account and Report of Administrator continued from 07/26/23, 09/21/23, 01/23/24:
Nothing filed since previous hearing. Prior Notes remain:
•    Notice of Hearing not on file (PrC§11000).
•    Report does not appear to allege the reason for the delay in closing the estate and the time necessary for the estate to be in a position to be closed. 
•    Amounts reflected in the Summary of Account do not appear to match the Final Income and Appraisal.
•    Summary of Account describes the assets reported in the Inventory and Appraisal on Schedule for Income and Receipts instead of Property on Hand at Beginning of Account Period. Please explain.
•    Schedule of Disbursements reflects multiple disbursements to the personal representative characterized as reimbursements that occurred between the date of decedent’s death and the issuance of Letters. These expenses by the personal representative as an individual and not in his capacity as personal representative would appear to require court’s approval pursuant to PrC§9252 and were not authorized [see also PrC§§9000(a)(3), 9100, 9251].

Recommend court order personal representative to present an Amended First Account Current within 30 days pursuant to PrC§10950(c) or face possible contempt pursuant to PrC§11050. 
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

PR-21-000834 ESTATE OF JOHN LAWRENCE BANUELOS
Hearing on Amended Petition (file-marked 09/25/23) for Termination of Proceedings and Discharge continued from 09/26/23, 01/23/24:
Nothing filed since previous hearing. 
•    Attachment D reflected that the personal representative opened an estate account in the name of this decedent, instead of the estate of this decedent’s surviving spouse, Linda Banuelos. If the court were to terminate this proceeding today, it would remove the personal representative’s authority to distribute the funds in the account at Citibank.
On 01/23/24, the court directed the Administrator to transfer all funds from the Estate account in the name of John Banuelos into an Estate account in the name of Linda Banuelos (related case PR-21-001318). Administrator has not filed proof of transfer (such as a receipt or account statement with redacted account number).
Appearance by Administrator (self-represented) required (by VCourt if preferred).

PR-21-001318 ESTATE OF LINDA ELIZABETH BANUELOS
Hearing on Second Amended (file-marked 01/08/23) First and Final Report of Administrator, and Petition for Final Distribution on Waiver of Account continued from 09/13/23, 01/23/24:
•    Notice of Hearing not on file for the Amended pleading. See Form DE-120 and California Rule of Court 7.53.
      o    Notice of Hearing file-marked 04/22/24 reflects it is not a notice of hearing on the Second Amended Petition, but notice of “BANK ACCOUNT OF THE ESTATE OF LINDA ELIZABETH BANUELOS”.
                X    A copy of a financial account statement was attached, reflecting that less than one-half of the funds that were in the Estate account for John Banuelos was deposited into Estate Account(s) for Linda Banuelos. Where are the rest of the funds from the Estate Account for John Banuelos?
•    The Second Amended Petition appears to request that one heir receive the real property and the other heir receive the cash in the estate account. This division does not appear equal. Probate Code section 6402 describes intestate succession which in this case would appear to be 50% to each of decedent’s children. 
      o    Personal representative filed a notarized agreement of the heirs agreeing to a division of assets that is not equal.
•    Proposed Order not yet submitted.
Appearance by Administrator (self-represented) required (by VCourt if preferred).

PR-18-000503 ESTATE OF STEPHEN AUSTIN CAIN
Hearing on Petition for Approval of the Second and Final Account and Status Report continued from 08/10/23:
On 08/10/23, the court directed personal representative to file an amended pleading bringing account current. See California Rules of Court 7.3 and 7.53. Not on file.
Recommend court order personal representative to present an Amended Petition for Approval of Second and Final Account within 30 days pursuant to PrC§10950(c) or face possible contempt pursuant to PrC§11050. 
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

PR-18-00520 ESTATE OF MARIA CARMEN RUIZ VDA DE TELLEZ
Account Review Hearing continued from 01/09/24:
Fifth PrC§12200 Status Report has been filed and set for hearing 06/12/24. Notice of Hearing not yet on file.
Hearing of 06/12/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-000327 ESTATE OF WILLIAM CARL SILVA
Account Review Hearing continued from 01/09/24:
A Corrected Inventory and Appraisal not yet on file.
On 01/09/24 the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Appearance Administrator’s counsel mandatory (by VCourt if preferred).

PR-22-000640 ESTATE OF PEDRO S. ALBERTO, AKA PETE ALBERTO
Account Review Hearing continued from 01/09/24:
On 01/09/24 the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
•    Recommend court issue Order to Show Cause to Executor and Executor’s counsel to be personally present pursuant to PrC§12202:
      o    To show condition of estate and why estate cannot be distributed and closed;
      o    So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
      o    Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Executor and Executor’s counsel required (by VCourt if preferred).

PR-22-000753 ESTATE OF KATHLEEN MARIE HARDWICK
Account Review Hearing continued from 01/04/24:
A Petition for Final Distribution has been filed and set for hearing 06/13/24.
Hearing of 06/13/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-001069 ESTATE OF TINA MARIE POULOS
Account Review Hearing continued from 01/09/24:
On 01/09/24 the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
•    Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202:
      o    To show condition of estate and why estate cannot be distributed and closed;
      o    So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
      o    Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

PR-23-000783 ESTATE OF LADEAN ANN BURNETT, AKA LaDEAN BURNETT
Hearing on Petition for Letters of Administration continued from 09/12/23, 10/06/23, 01/24/24:
Nothing filed since previous hearing. Prior Notes remain:
Petitioner does not appear to have priority of appointment, nor is Petitioner a nominee of a person with priority (Probate Code sections 8461, 8465). A person with priority does not appear to have filed a competing petition.
•    Petition item 8 did not identify the personal representative of the surviving (but now deceased) spouse’s estate, nor is notice on file for the personal representative of the deceased surviving spouse’s estate.
      o    Declaration file-marked 09/07/23 argues that notice cannot be given because a probate estate has not been opened for the estate of this decedent’s surviving spouse. 
      o    Declaration file-marked 09/28/23 identifies the surviving spouse’s successors-in-interest. Declaration file-marked 09/07/23 alleges that the sole heir is a developmentally disabled adult. 
                X    On 10/06/23 the court appointed Nini Lee as Guardian ad Litem, or Kulwinder Kenea Bains in the alternative. 
                X    Order appointing Nini Lee as Guardian ad litem file-marked 02/06/24.
•    Petition seeks order that all sums be placed in attorney’s Attorney Client Trust Account in lieu of bond.  Submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

334015 ARIANA LUNA SPECIAL NEEDS TRUST
Hearing on Petition to Approve Thirteenth Account and Report of Trustee From 10/1/2021 Through 9/30/2023, to Confirm Trustee’s and Trust Advisory Committee Member’s Fees, and to Approve Attorney’s Fees:
Notice of Hearing appears complete.
More time is needed for review. Matter will be continued to 07/11/24 to allow time for review.
Appearance not required (by VCourt if preferred).

444318 MATTER OF ISAAC ORTIZ SPECIAL NEEDS TRUST
Hearing on Petition for Settlement of Eight (Petitioner’s Third) Account, and Approval of Trustee, Trust Advisory Committee and Attorney Fees:
Notice of Hearing appears complete.
More time is needed for review. Matter will be continued to 08/01/24 to coincide with Account Review Hearing already set, to allow time for review.
Appearance not required (by VCourt if preferred).

PR-22-000763 ESTATE OF MICHAEL S. RUSH, AKA MICHAEL STEVEN RUSH, MICHAEL RUSH
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court allow estate to remain open and set a further Account Review Hearing 05/07/2025.
Appearance not required (by VCourt if preferred).

PR-22-001058 ESTATE OF ALLEN ZUCK
Hearing on Report on First and Final Account and Petition for Final Distribution Pursuant to the Joint Stipulation of the Beneficiaries; for Allowance of Statutory Compensation to Attorneys; for Reimbursement of Costs Advanced by Attorneys; and for Statutory Compensation to Administrator:
REVIEW IN PROGRESS. PLEASE CHECK BACK.

PR-24-000283 ESTATE OF LEO GENE JONES, AKA LEO JONES
Hearing on Petition for Letters of Administration:
Petitioner does not appear to have priority of appointment. Petitioner is a nominee of a person with priority (Probate Code sections 8461, 8465), but not the person with first priority. The person with priority does not appear to have filed a competing petition.
Request for bond of $300,000.00 appears adequate based on estimated value of estate alleged in the petition.
Recommend approval of petition, with bond of $300,000.00.
Recommend Inventory Review Hearing 11/06/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000286 ESTATE OF PRADEEP SINGH
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Need proposed Letters.
Recommend Inventory Review Hearing 11/06/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000291 ESTATE OF MUSED AHMED ZOKARI, AKA MUSED A. ZOKARI
Hearing on Petition for Probate of Will and for Letters Testamentary:
Authenticated copies of both order admitting will to probate and the will admitted in the sister state on file.
Recommend approval of petition.
Need proposed Order & Letters.
Recommend Inventory Review Hearing 11/06/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-24-000292 ESTATE OF SUNIL KUMAR
Hearing on Spousal Property Petition:
If no one appears to object, recommend approval of petition.
Need proposed Order.
Appearance not required (by VCourt if preferred).