April 24, 2018

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Probate Notes

Questions regarding fees, forms or status of orderes should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 between the hours of 8:00 a.m. -  4:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at 209-530-3180 or nina.wendt@stanct.orgDue to the volume of calls received by the Probate Examiner, it may be necessary for you to leave a message. Telephone calls are returned daily at 11:00 a.m. and 4:00 p.m.

It is the goal of the examiner to have probate notes posted five (5) calendar days prior to the hearing. If defects are noted, they mus t be corrected prior to approval of the moving papers.  If you are filing documents to cure technical defects, file-marked copies must be delivered to the Probate Examiner, City Towers Courthouse, 801 Tenth Street, Sixth Floor, Modesto, CA, at least three court days prior to the hearing (if filed less than five court day prior to the hearing, there will be a $25.00 late filing fee for each document).  For your convenience, a Drop Box is located at the security desk on the sixth floor.  If the door is closed, please slide your documents under the door.

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.  Please be sure to include the hearing date in the caption on all documents. 

NOTE:  Unless probate notes state otherwise, an appearance is required in probate matters. 

WEDNESDAY, APRIL 25, 2018

 

336454 MATTER OF MICHELLE HOWARD 2003 SPECIAL NEEDS TRUST

Account Review Hearing:

  • Need Fourth Account and Report of Trustee.

Appearance by counsel mandatory.

 

2200563 ESTATE OF PAUL WADE JENKINS

Discharge Review Hearing:

  • Need Receipt.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2200578 ESTATE OF DONALD PAUL CORN JR.

First and Final Account and Report and Petition for Final Distribution recommended for approval continued from 03/21/18.

Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

2200848 ESTATE OF BILLIE GENE KEENEY

Inventory Review Hearing continued from 1025/17:

  • Letters issued 04/25/17.  Inventory and Appraisal due 08/25/17.
  • Need Inventory and Appraisal.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200863 ESTATE OF ROBERT KAY GALBREATH

Inventory Review Hearing.

  • Letters issued 03/28/17.  Inventory and Appraisal due 07/28/17.
  • Need Inventory and Appraisal.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200896 ESTATE OF VALOIS S. HERRERA

Account Review Hearing.

Recommend confirm 06/01/18 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

2200907 ESTATE OF BOBBIE RUTH ORIQUE

Account Review Hearing.

First and Final Account and Report and Petition for Final Distribution recommended for approval.

Recommend Discharge Review Hearing 11/28/18.

Court will sign submitted order, appearance not required.

 

2200921 ESTATE OF CARLA E. COUTO

Account Review Hearing.

Need Petition for Final Distribution or PrC§12200 Sttus Report of Administration with Notice of Hearing pursuant to PrC§12201.

Recommend continuance to 06/28/18 as petition submitted for filing.

Appearance by counsel not required.

 

2201093 MATTER OF JOSEPH R. PICCININI TRUST III

Status Review Hearing.

  • Need status re mediation.

Appearance by counsel mandatory.

 

2201107 MATTER OF OLIVER W. BENBOW TESTAMENTARY TRUST

Motion to Compel Michael Reiff to Provide Further Responses to Discovery Requests of Richard Benbow Set(s) One.

Opposition on file.
Submitted to Judge for determination.

 

Motion to Compel William G. Benbow to Provide Further Responses to Discovery Requests of Richard Benbow Set(s) One.

Opposition on file.

Submitted to Judge for determination.

 

2201123 ESTATE OF DENECE I. GALLOWAY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/03/18.

Appearance by counsel not required.

 

2201458 ESTATE OF JEANETTE ANN MICHENER

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 10/24/18.

Court will sign submitted order, appearance not required.

 

2201464 ESTATE OF CINDY ANN COSTA

Petition for Probate of Will and for Letters Testamentary recommended for approval (may require bond for out-of-state personal representative.

Recommend Inventory Review Hearing 10/25/18.

Court will sign submitted order, appearance not required.

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  

2201465 ESTATE OF JEFFREY STEVENS BROWN

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 10/25/18.

Court will sign submitted order, appearance not required.

 

THURSDAY, APRIL 26, 2018

 

426407 MATTER OF EZRA CAMACHO SPECIAL NEEDS TRUST

Accounting continued from 03/02/18.

  • Need Fourth Account and Report of Trustee and Petition for its Settlement; for Allowance of Trustee’s Fees and Attorney’s Fees.

Appearance by counsel mandatory.

 

444235 ESTATE OF JOHN MACHADO

Account Review Hearing.

Recommend confirm 05/22/18 hearing on PrC§12200 Status of Administration Report with Notice Pursuant to PrC§12201.

Appearance by counsel not required.

 

444837 MATTER OF THE SHAUNA SHOEMAKE SPECIAL NEEDS TRUST

Account Review Hearing.

Recommend confirm 06/01/18 hearing on Third Account and Report of Trustee and Petition for its Confirmation and Approval, for Payment of Trustee’s and Attorney’s Fees, and for Reduction of Bond.

Appearance by counsel not required.

 

2200520 ESTATE OF BOBBIE JOE BROWN

Related Case No. 2200860.

Status Review Hearing continued from 03/21/18.

Petition for Approval of Settlement Agreement.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200655 ESTATE OF JESUS GUTIERREZ

Account Review Hearing continued from 02/22/18.

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2200975 ESTATE OF LILLIAN VERA HALE

Account Review Hearing.

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201200 MATTER OF SMEE FAMILY LIVING TRUST

Status Review Hearing.

Court file review not yet complete.  Please recheck website.

 

2201224 ESTATE OF TERRY M. CARDWELL

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Heairng 10/26/18.

Appearance by counsel not required.

 

2201463 ESTATE OF JOSEPH ANTHONY SANDOVAL

Petition for Probate of Lost Will and for Letters Testamentary:

  • Item 3c of petition omits county.Item 6b of petition marked inappropriately as petition lists surviving issue of decedent.
  • Item 8 of petition does not list all persons named in the Will.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Need proof of notice to all persons named in Will.
  • Need Order.
  • Need Letters.

Recommend continuance to 05/24/18 to allow time to cure defects and give proper notice.

Appearance by counsel not required.

 

2201466 ESTATE OF MELBA FALVEY

Petition for Probate of Will and for Letters Testamentary recommended for approval.

Recommend Inventory Review Hearing 10/26/18.

Court will sign submitted order, appearance not required.

 

FRIDAY, APRIL 27, 2018

 

444958 ESTATE OF MICHAEL H. LOGSDON

Discharge Review Hearing continued from 01/31/17 and 01/31/18.

  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2200266 MATTER OF DONALD J. AGRESTI & DORIS A. AGRESTI FAMILY 2005 TRUST

Amended Petition to Remove Trustee and to Appoint Successor Trustee and for Accounting continued from 10/26/15, 01/06/15, 03/08/16, 08/30/16, 04/27/17, 10/25/17 and 01/31/18.

  • Need status re settlement Agreement.
  • Need status re sale of real property.

Appearance by counsel and pro per mandatory.

 

2200273 ESTATE OF DAWN ELIZABETH CRAVEN

Hearing vacated.

 

2200395 ESTATE OF CAROL L. KNELLER

Account Review Hearing.

Recommend continuance to 09/07/18 to allow time for Petition for Final Distribution to be completed and filed.

Appearance by counsel not required.

 

2200557 ESTATE OF KENNETH ELDRED MUSCIO

Account Review Hearing continued from 08/30/17 and 01/31/18.

Recommend continuance to 07/12/18 when Petition for Final Distribution or PrC§12200 Status Report of Administration is due.

Appearance by counsel not required.

 

2200699 ESTATE OF ERLINDA MORA VEGA

Account Review Hearing.

First and Final Account and Report and Petition for Final Distribution continued from 03/06/18 and 04/16/18.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200791 ESTATE OF KENNETH WESTERINK

Account Review Hearing continued from 03/16/18.

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by personal representative (pro per) ordered by Court pursuant to Minute Order dated 03/16/18.

 

2200828 ESTATE OF DOVA MAY LANGDON

Account Review Hearing.

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201009 MATTER OF GENE & CAROL JUSTICE TRUST

Petition to Compel Trustee to Account continued from 06/01/17, 07/19/17, 10/03/17, 11/28/17 and 01/03/18.

Recommend continuance 05/16/18 to coincide with Accounting filed 03/28/18.

Appearance by counsel not required.

 

2201051 ESTATE OF JOYCE LEE GRAVES

Inventory Review Hearing continued from 02/21/18.

  • Letters issued 08/21/17.  Inventory and Appraisal due 12/21/17.
  • Need Inventory and Appraisal.

Appearance by personal representative (pro per) ordered by Court pursuant to Minute Order dated 02/21/18.

 

2201225 ESTATE OF ISRAEL FLORESSANTIAGUILLO

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/30/18.

Appearance by counsel not required.

 

2201232 ESTATE OF RICHARD PROUTY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/30/18.

Appearance by counsel not required.

 

2201377 ESTATE OF MICHAEL ANDREW HARRY

Petition for Probate of Will and for Letters Testamentary continued from 02/21/18 and 03/14/16:

  • Need status re representation of minor children of decedent.

Appearance by counsel mandatory.

 

2201378 ESTATE OF MARY L. GOODRUM

Petition for Probate of Lost Will and for Letters Testamentary continued from 02/21/18 and 03/14/18.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201403 MATTER OF CARL HENDERSON

Petition to Determine Succession continued from 03/21/18.

Spousal Property Petition.

Recommended for approval.

Appearance by counsel mandatory.

 

2201462 ESTATE OF JOHN R. SWANSON

Petition for Administrator with Will Annexed:

  • Bond required as Will does not waive bond for administrator.
  • Caption of petition omits box Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 3c of petition omits county.
  • Item 8 of petition omits deceased brother’s date of death and whether or not there is living issue.

Recommend continuance to 05/18/18 to allow time to cure defects.

Appearance by counsel not required.

 

MONDAY, APRIL 30, 2018

No probate matters scheduled.

Last updated: April 24, 2018 1:22 PM