August 15, 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, AUGUST 15, 2018

 

444876 ESTATE OF ABRHAM LOPEZ VAZQUEZ

PrC§12200 Status Report of Administration continued from 06/13/18.

Recommend continuance 10/25/18 to allow time for first and final account and report and petition for final distribution to be completed, filed and set for hearing.

Appearance by counsel not required.

 

2200763 ESTATE OF TAMARA JEAN STAGGS

PrC§12200 Status Report of Administration continued from 06/27/18.

Recommend continuance to 02/15/19 to allow time first and final account and report and petition for final distribution to be completed, filed and set for hearing.

Appearance by counsel not required.

 

2201026 ESTATE OF BENNETT TOM

Discharge Review Hearing continued from 06/15/18:

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

Appearance by counsel mandatory.

 

2201099 ESTATE OF LAURA L. SAPP

Account Review Hearing.

Recommend confirm 09/21/18 heairng on PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel not required.

 

2201225 ESTATE OF ISRAEL FLORESSANTIAGUILLO

First and Final Report and Petition for Final Distribution on Waiver of Accounting recommended for approval.

Recommend Discharge Review Hearing 03/15/19.

Recommend vacate 10/30/18 hearing.

Court will sign order, appearance not required.

 

2201290 ESTATE OF NATALIE DOEHNE

Report of Sale and Petition for Order Confirming Sale of Real Property located at 309 Covena Avenue, Modesto, CA (APN:  108-009-054) for sales price of $210,000.00 (first overbid $221,000.00).

Recommend confirm 01/02/19 hearing on Account Review Hearing.

Appearance by counsel mandatory. 

 

2201339 ESTATE OF FRANK LOUIS SOUZA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Petition or Final Distribution on Waiver of Accounting:

  • Petition filed too early as Notice to Creditors filed 06/20/18 extends expiration date for filing of creditor’s claims to 08/23/18.  Need to file amended petition after 08/23/18.
  • Waivers of Account signature requires notarization pursuant to LR8.68.
  • Date of Death in Order for Probate is 10/16/17 not 10/08/17.  Need clarification.
  • Letters of Administration issued 02/07/18 not 02/02/18.
  • Need itemization of all costs of administration including date, payee, explanation, payor and charges (including filing fees, certification fees, publication fees, etc.).
  • Statutory Compensation calculated incorrectly.
  • Need revised Order.

Recommend continuance to 08/29/18 to allow time to cure defects.

Appearance by counsel not required. 

 

2201354 ESTATE OF DOUGLAS VANDENAKKER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/05/19.

Appearance by counsel not required.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Petition for Probate of Will and for Letters Testamentary continued from 03/14/18, 04/04/18, 05/23/18 and 06/20/18 recommended for approval.

Recommend Inventory Review Hearing 02/15/19.

Court will sign submitted order, appearance not required.

 

2201511 ESTATE OF ANTHONY PAUL VALADEZ

First Amended Petition for Letters of Administration:

  • Item 3a of petition omits place of death.
  • Item 4 of petition inappropriately marked as no Will.
  • Item 4 of Waiver of Bond by heir not completed.
  • Need Proof of Publication.
  • Need Order fully completed (original Order for Probate submitted omitted Time: 8:30 a.m., Dept.: 22, Judge: Stacy P. Speiller, and Item 6:  Steven G. Pallios).
  • Need Letters fully completed (original Letters of Administration submitted omitted Item 3 under Letters, Item 2 under Affirmation, and Item 4 lacked date and place in addition to signature).

Recommend continuance to 09/12/18 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000050 MATTER OF KEITH BOYCE

Spousal Property Petition continued from 06/20/18:

  • Need to file proceeding in San Joaquin County where decedent was resident at time of death.

Appearance by counsel mandatory.

 

PR18000063 MATTER OF JANICE MARIE FARINELLI

Spousal Property Petition continued from 06/20/18.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000213 MATTER OF D.J. RINGER TRUST

Petition to Confirm Ownership of Trust Assets, for Instructions.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

PR18000216 ESTATE OF MICHAEL HAJDUK

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/15/19.

Court will sign submitted order, appearance not required.

 

PR18000217 MATTER OF GEORGE LARKIN LAWRENCE

Petition to Determine Succession to Real Property:

Personal Property box marked in caption, but find no personal property listed on Attachment 11.

Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.

Need confirmation original Will lodged with Court.

Need copy of deed showing current title to real property.

Need proof of service to Department of Health Services.

Is this the proper proceeding?  Need explanation re surviving spouse’s ½ interest in real property as set forth in Will.

Recommend continuance to 09/12/18 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, AUGUST 16, 2018

 

364063 MATTER OF BONANDER FAMILY 1991 TRUST

Status Review Hearing continued from 06/07/18.

Status Report filed 08/09/18 showing distributions, except for $90,000 reserve for final tax returns, termination of corporate entities, dissolution and taxes.

Recommend continuance to 03/08/19 for status on reserve.

Appearance by counsel not required.

 

2200130 ESTATE OF ROBERT M. PICCININI

PrC§12200 Status Report of Administration and Petition for Allowance of Ordinary Compensation to Attorney continued from 07/05/18.

Recommend continue Account Review Hearing to 06/04/19 with matter of ordinary compensation submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200466 ESTATE OF LINDA F. HUGGINS

Petition for Final Distribution on Waiver of Accounting:

  • Need copy of closing statement on refinance of real property.
  • Need proof of notice to creditors.

Recommend continuance to 09/27/18 to allow time to cure defects.

Appearance by counsel not required.

 

2200558 ESTATE OF TIMOTHY APPELBY

Amended Petition for Final Distribution on Waiver of Account continued from 06/28/18.

No documents filed since prior hearing.  Prior notes remain:

  • Need language re notice to Franchise Tax Board pursuant to PrC§9202(c).
  • Need recalculation of statutory fees as the Fee base should be $175,000.00.
  • Need itemization of costs advanced whether reimbursed or not including date, payee, payor, explanation and charge (not included in fee base).
  • Need Notice of Hearing on Amended Petition.

Appearance by counsel mandatory.

 

2200828 ESTATE OF DOVA MAY LANGDON

First and Final Account and Report and Petition for Final Distribution:

  • Page 8, paragraph 24, incorrect as Request for Special Notice filed by Paul Echols.
  • Need language re interest bearing accounts pursuant to LR8.83I.

Recommend continuance to 08/31/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201014 ESTATE OF JOHN EDWARD GEISSLER

Account Review Hearing continued from 07/06/18.

Recommend confirm 09/27/18 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

2201047 ESTATE OF JOSEPH M. MARSHALL

Account Review Hearing continued from 06/14/18.

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

Recommend continuance to 08/30/18 to coincide with Motion to Be Relieved as Counsel.

Appearance by counsel not required.

 

2201048 ESTATE OF MARIA P. MEJIA

Account Review Hearing continued from 07/06/18.

Recommend confirm 09/13/18 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

2201263 MATTER OF PATRICIA ANN LEGGETT

Status Review Hearing continued from 02/27/18 and 06/08/18.

Petitioner Rodney Leggett is deceased.  Nothing filed on behalf of the estate of Rodney Leggett appointing a personal representative to act on behalf of the decedent’s estate.

Appearances mandatory.

 

2201463 ESTATE OF JOSEPH ANTHONY SANDOVAL

Petition for Probate of Lost Will and for Letters Testamentary continued from 04/26/18 and 06/28/18 recommended for approval.

Recommend Inventory Review Hearing 02/15/19.

Court will sign submitted order, appearance not required.

 

PR18000204 ESTATE OF BETTY CARLSON

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

Recommend Inventory Review Hearing 02/15/19.

Court will sign submitted order, appearance not required.

 

PR18000219 ESTATE OF DONNA M. MYERS

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/15/19.

Court will sign submitted order, appearance not required.

 

PR18000221 ESTATE OF HORACE SEARCIE

Petition for Letters of Administration:

  • Need Waivers of Bond by Heirs or bond in amount of $66,000.00.
  • Caption of petition does not request Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 3e(1) of petition incorrectly marked.
  • Item 3g(1)(d) of petition incorrectly completed.
  • Item 3g(4) of petition incorrectly marked.
  • Need Proof of Publication.
  • Need Order.

Recommend continuance to 09/12/18 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000225 ESTATE OF RICK THORNTON MORAN

Petition for Probate of Will and for Letters Testamentary:

  • Notice of Petition to Administer Estate is defective as:
  • Item 2 of Proof of Service by Mail omits business address.
  • Item 4a of Proof of Service by Mail omitted.
  • Need proof of service to all parties named in Will.
  • Need Proof of Publication.

Recommend continuance to 09/12/18 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000233 MATTER OF DAVID C. WILKER SR. TRUST

Petition to Invalidate Trust Amendment for Lack of Capacity, Undue Influence, Fraud, and Mistake, for Elder Abuse and Isolation; and for Instructions filed by Berliner Cohen, LLP.

Opposition filed by Arata, Swingle, Van Egmond & Goodwin.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

FRIDAY, AUGUST 17, 2018

 

151598 MATTER OF ANITA RAMIREZ

Second Amended Petition to Determine Succession to Real Property continued from 05/11/18 and 07/13/18:

  • Need item 5 of Inventory and Appraisal completed.
  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.
  • Need Order with signature on page 1 (not attachment).

Appearance by counsel mandatory.

 

445343 ESTATE OF FRANCIS J. McCARTHY JR.

Related File No. 2200500.

Status Review Hearing.

  • Need status re file closure.

Appearance by counsel mandatory.

 

2200500 MATTER OF FRANCIS McCARTHY JR. SPECIAL NEEDS TRUST

Related File No. 445343.

Status Review Hearing continued from 09/10/15, 03/10/16, 05/26/16, 01/17/17, 04/13/17, 06/13/17, 07/13/17 and 11/30/17.

  • Need status re file closure.

Appearance by counsel mandatory.

 

2201019 ESTATE OF VALENTIN GERMAN SR.

Petition for Final Distribution on Waiver of Account:

  • Need copy of closing statement for sale of real property.
  • Need schedule showing calculation of gain.
  • Need list of assets on hand for distribution.
  • Need revised Order without word “proposed” and showing the assets on hand for distribution and omitting paragraph 7.

Recommend continuance to 09/14/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201200 MATTER OF SMEE FAMILY LIVING TRUST

Status Review Hearing continued from 04/26/18 and 06/08/18.

Appearance by counsel mandatory.

 

2201201 ESTATE OF JENNIE GILMORE

Inventory Review Hearing continued from 06/22/18.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate form filed as box not marked in caption of Inventory and Appraisal.

Recommend Account Review Hearing 01/03/19.

Appearance by personal representative (pro per) not required.

 

2201220 ESTATE OF MICHAEL WAYNE HAMILTON

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

Recommend Discharge Review Hearing 03/19/19.

Court will sign submitted order, appearance not required.

 

2201320 MATTER OF ANTONIO LIONUDAKIS LIVING TRUST

Hearing vacated and matter dismissed.

 

PR18000127 MATTER OF ALMA BOYD ELLIOTT

Petition to Determine Succession to Real Property.

Recommend continuance to 09/14/18 to allow time for second supplement to be filed.

Appearance by counsel not required.

 

PR18000226 MATTER OF CRUM FAMILY LIVING TRUST

Petition to Compel Trustee to Account.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

PR18000244 ESTATE OF DONNA JEAN GIBSON

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

Recommend Inventory Review Hearing 02/19/19.

Court will sign submitted order, appearance not required.

 

PR18000261 ESTATE OF ROBERT MOYES SR.

Petition for Probate of Will and for Letters Testamentary:

  • Caption of petition incorrectly marked box for Letters of Administration.
  • Item 3e(2) of petition incorrectly marked as Will waives bond.
  • Waiver of Bond incorrectly attached to petition as Will waives bond.
  • Item 4 of petition omitted.
  • Item 8 of petition does not list all persons named in Will.
  • Need proof of notice to Beverly Moyes (all persons named in Will must be noticed upon the initial hearing, only beneficiaries from then on).
  • Need Proof of Publication.
  • Need Letters with original signature, not faxed copy.

Recommend continuance to 09/14/18 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000264 ESTATE OF HORACE DEAN SEXTON

Petition for Letters of Administration:

Item 8 of petition omits petitioner.

Item 8 of petition omits name and date of death for predeceased spouse.

Item 8 of petition does not include all relationships.

Need Proof of Publication.

Recommend continuance to 09/14/18 to allow time to cure defects.

Appearance by counsel not required.

 

MONDAY, AUGUST 20, 2018 

No probate matters scheduled.

 

TUESDAY, AUGUST 21, 2018

 

445641 ESTATE OF LORENA ESTELLE SMOKE

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.

 

2200476 ESTATE OF KATIE BELL JORDAN 

Hearing vacated.

 

2200611 ESTATE OF ALFREDO DEFARIA PEREIRA 

Discharge Review Hearing: 

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

Appearance by counsel mandatory.

 

2200717 ESTATE OF GENEVIEVE FIDALGO 

Petition for Order Confirming Estate Assets and Petition for Final Distribution on Waiver of Account continued from 06/14/18. 

Submitted to the Judge for determination. 

Appearance by counsel mandatory.

 

2200744 ESTATE OF WALTER G. DEARDORFF 

Account Review Hearing continued from 01/24/18: 

  • Need Petition for Final Distribution. 

Appearance by counsel mandatory.

 

2200754 ESTATE OF DEREK JOHN VANDER BEEK 

Account Review Hearing continued from 01/24/18: 

  • Need Petition for Final Distribution. 

Appearance by counsel mandatory.

 

2200845 ESTATE OF STEVEN KEITH RUNNELS 

Discharge Review Hearing.

Recommend continuance to 09/18/18 as requested by attorney to allow time to complete and submit Ex Parte Petition for Final Discharge and Order for signature. 

Appearance by counsel not required.

 

2201006 ESTATE OF MARTIN GUZMAN MAGANA 

Account Review Hearing continued from 05/22/18: 

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

Appearance by counsel mandatory.

 

2201044 ESTATE OF IGNACIO ROCHEL DIAZ 

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.

 

2201053 ESTATE OF EDWARD ARTHUR TANNER 

Court Trial. 

Appearances mandatory.

 

2201113 ESTATE OF KEM KELLY 

Petition for Final Distribution on Waiver of Account: 

  • Need Allowance of Creditor’s claim submitted for signature by Judge. 
  • Distributions made without court order.  Need explanation. 
  • Need Order. 

Recommend continuance to 09/18/18 to allow time to cure defects. 

Appearance by counsel not required.

 

2201159 ESTATE OF PATRICIA ANN MUGRAUER 

  • First and Final Account and Report and Petition for Final Distribution: 
  • Need itemization of costs of administration including date, payee, explanation, payor, charge and whether or not reimbursement requested (parking and postage covered by statutory fee and not included). 
  • Need language re withhold of $10,000 pursuant to LR8.68. 
  • Need real property legal description. 
  • Need revised Order. 

Recommend continuance to 09/18/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201224 ESTATE OF TERRY M. CARDWELL 

Court Trial. 

Appearances mandatory.

 

2201256 MATTER OF JOSEPH AND CARRIE AMARAL 1995 TRUST 

First Amended Petition/Complaint. 

  • Need Notice of Hearing (mandatory form DE-120). 

Recommend continuance to 09/28/18 to allow time for Notice of Hearing to be completed and filed. 

Appearance by counsel not required.

 

2201451 ESTATE OF MARY JEAN SIMAO

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 02/21/19. 

Court will sign submitted order, appearance not required.

 

PR18000100 ESTATE OF ROBERT RUSSELL HEINZ 

Petition for Probate of Will and for Letters Testamentary continued from 06/26/18: 

  • Item 3c of petition omits county. 
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number. 
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 

Recommend continuance to 09/18/18 to allow time to cure defects. 

Appearance by counsel not required.

 

PR18000164 MATTER OF NANCY A. CARMICHAEL 

Spousal Property Petition continued from 07/11/18. 

Recommended for approval. 

Court will sign submitted order, appearance not required.

 

PR18000166 ESTATE OF EDGAR F. CARMICHAEL 

Petition for Probate of Will and for Letters Testamentary continued from 07/11/18 recommended for approval. 

Recommend Inventory Review Hearing 02/21/19. 

Court will sign submitted order, appearance not required.

 

PR18000229 MATTER OF VILMER VIGIL 

Spousal Property Petition. 

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000247 ESTATE OF MARIE P. SILVEIRA 

Petition for Probate and for Letters Testamentary recommended for approval. 

Recommend Inventory Review Hearing 02/21/19.

Court will sign submitted order, appearance not required.

Last updated: August 14, 2018 4:09 PM