September 20, 2017

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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.  Due 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.  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.   Court Call appearances are acceptable for most probate matters. 

WEDNESDAY, SEPTEMBER 20, 2017

 

445288 MATTER OF GEORGE T. MORRISON JR. REVOCABLE SURVIVORS TRUST

Status Review Hearing continued from 01/18/17, 04/13/17 and 06/20/17.

Petition for Immediate Repayment to the Successor Trustee; for an Accounting of Funds and Financial Statements; for Intentional Interference with an Expected Inheritance and Abuse of an Elder and for Damages and Interest Thereon and for Attorney’s Fees and Costs continued from 04/13/17 and 06/20/17.

  • No accounting on file.

Appearances by counsel mandatory.

 

445305 ESTATE OF MARY LOU RAMSEY

Account Review Hearing continued from 05/25/17 and 06/20/17.

  • Need Petition for Final Distribution.

Appearance by attorney mandatory.

 

445495 ESTATE OF KENNETH CUSTER BRAUN

Discharge Review Hearing continued from 06/29/17.

  • No Receipt on file.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2200435 ESTATE OF GURMUKH GILL

Court Trial.

Appearances mandatory.

 

2200857 ESTATE OF BERNICE D. ECKERSLEY

Inventory Review Hearing.

  • Letters issued 03/20/17.  Inventory and Appraisal due 07/20/17.
  • No Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200901 ESTATE OF AMY MARGARET VIRDEN

Petition for Final Distribution on Waiver of Account recommended for approval.

Recommend Discharge Review Hearing 04/20/17.

Court will sign submitted order, appearance not required.

 

2200922 ESTATE OF ELTON ANN CALVO

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/11/18.

Appearance by counsel not required.

 

2201152 MATTER OF M. TERRY CAMPBELL 2000 TRUST

Petition to Instruct Successor Trustee to Transfer Assets to the Successor Trustee of M. Terry Campbell for an Order Authorizing and Directing the Transfer of Assets to the Successor.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201170 ESTATE OF SANTOS PEREZ JR.

Petition for Letters of Administration filed by attorney Michael L. Corman:

  • Item 8 does not include all children of decedent.
  • Need proof of notice to all children of decedent.
  • Need Proof of Publication.

Recommend continuance to 10/19/17 to allow time to cure defects and to coincide with competing Petition for Letters of Administration filed by attorney John K. Peltier.

Appearance by counsel not required.

 

2201173 ESTATE OF GURMIT SINGH

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 03/20/18.

Court will sign submitted order, appearance not required.

 

THURSDAY, SEPTEMBER 21, 2017

 

2200122 ESTATE OF DOUGLAS ALLAN CARLTON

Status Review Hearing.

Recommend confirm 10/18/17 hearing on PrC§12200 Second Report of Status of Administration.

Appearance by counsel not required.

 

2200156 ESTATE OF JAMES ELDEN ROGERS

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

Recommend continuance to 11/01/17 as requested by attorney to allow time to complete and file Supplement to petition.

Appearance by counsel not required.

 

2200860 ESTATE OF BARBARA BROWN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 03/22/18.

Appearance by counsel not required.

 

2200904 ESTATE OF JOSE MARIO RAMIREZ, SR.

Amended Petition for Letters of Administration continued from 06/26/17 and 07/11/17:

Item 7 of petition incorrectly marked as there are living issue (not fatal defect).

Waiver of Bond by Heir signed by petitioner omitted.

Waiver of Bond by Heir signed by Dolores Marie Welch omits item 4.

Need Notice of Petition to Administer Estate.

Need signed and dated Letters.

Appearance by counsel mandatory.

 

2200925 ESTATE OF BRUNA M. MARTELLA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

  • Need explanation re omnibus clause as the Will appears to leave the residue to only two of the three children.

Recommend continuance to 10/05/17 to allow time to cure defect.

Appearance by counsel not required.

 

2200932 ESTATE OF HELEN M. WALLACE

Inventory Review Hearing.

Recommend continuance to 12/21/17 as requested by attorney in Status Report on file.

Appearance by counsel not required.

 

2200933 ESTATE OF RONALD LEE LIDDELL

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 03/21/18.

Appearance by counsel not required.

 

2200936 ESTATE OF HARTON BETKALIA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 03/23/18.

Appearance by counsel not required.

 

2201158 MATTER OF JEFFREY ROBERT WATSON LIVING TRUST

Petition for an Order to Confirm Validity of Trust; Confirm Trustee; Confirm Assets to Revocable Trust.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201179 ESTATE OF ALEJANDRO TEVES

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 03/21/18.

Court will sign submitted order, appearance not required.

 

FRIDAY, SEPTEMBER 22, 2017

 

2200368 MATTER OF KA KIT SUN REVOCABLE LIVING TRUST

Motion to Be Relieved as Counsel.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200619 ESTATE OF GWENDOLYN FISKER MAURER

Petition for Final Distribution on Waiver of Account:

  • Not all Waivers of Account signatures are notarized.
  • Michele Johnson owes $40.00 in waived fees to court for filing of Request for Special Notice.
  • Need Schedule showing calculation of gain from sale of real property.
  • Need distribution set out in detail in both petition and order.

Recommend continuance to 10/12/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200735 ESTATE OF RONALD MERTON BOWREN

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

Recommend continuance to 10/19/17 as requested by attorney to allow time to complete and file Supplement to petition.

Appearance by counsel not required.

 

2200780 ESTATE OF DANIEL GEORGE MAIN

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

  • Caption does not make distribution to trust.
  • Need itemization of all costs of administration (filing fees, publication fee, probate referee fee, certification fees, etc.) showing date, payee, payor, charge and request for reimbursement if required.
  • Need itemization of request for extraordinary fees.
  • Need language re reserve over $1,500.00 pursuant to LR 6.68.
  • Need Order.

Recommend continuance to 10/06/17 to allow time to cure defects.

Appearance by counsel not required.

 

2201086 MATTER OF JOHN A. COGHLAN REVOCABLE TRUST

Petition to Remove Trustee, to Appoint an Independent Professional Fiduciary as Trustee, for Damages for Breach of Trust, and for Related Relief continued from 07/31/17.

  • Need status re settlement.

Appearance by counsel mandatory.

 

2201146 MATTER OF STEPHANIE K. ST. PIERRE SPECIAL NEEDS TRUST

Petition to Approve First Account and Report of Trustees, to Increase Bond, and to Approve Attorney’s Fees continued from 09/13/17 recommended for approval.

Recommend Account Review Hearing 08//29/19.

Court will sign submitted order, appearance not required.

 

2201176 ESTATE OF EBRAHIM BEJAN

Petition for Letters of Administration:

  • Petition does not show that petitioner is acting in pro per.
  • Item 1 of petition omits name of newspaper where publication is to be arranged.
  • Item 2b(1) of petition marked instead of 2b(3).
  • Item 3e(1) of petition marked when there is no Will.
  • Item 3g(3) of petition is marked when this is a Petition for Letters of Administration, not Letters of Special Administration.  Petition for Letters of Special Administration is a separate petition also requiring a $435.00 filing fee.
  • Item 8 of petition does not include name and date of death for predeceased spouse.
  • Item 8 of petition does not include petitioner.
  • Item 8 of petition does not list relationships.
  • Need Duties and Liabilities of Personal Representative.
  • Need Proof of Publication.\
  • Need Order.

Need Letters.

Recommend continuance to 10/19/17 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

MONDAY, SEPTEMBER 25, 2017

No probate matters scheduled.

 

TUESDAY, SEPTEMBER 26, 2017

 

Department 22

8:30 a.m.

 

364063 MATTER OF THE BONANDER FAMILY 1991 TRUST

Status Conference.

Appearances by counsel mandatory.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Motion for Attorneys’ Fees.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

445370 ESTATE OF MARY F. VAUGHN

Account Review Hearing.

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

Appearance by counsel mandatory.

 

445754 ESTATE JONATHAN PICCININI

Discharge Review Hearing continued from 05/02/17.

Recommend continuance to 12/01/17 has requested by attorney to allow time for tax matters to be completed.

Appearance by counsel not required.

 

2200279 ESTATE OF CONCEPCION LOPEZ

Petition for Final Distribution continued from 01/09/17, 02/02/17, 02/07/17, 02/16/17, 05/16/17 and 0718/17.

  • Need Amended Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200532 ESTATE OF CRAIG DWAYNE HOLLINGSWORTH

Account Review Hearing continued from 06/21/17 and 07/28/17.

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

Appearance by counsel mandatory.

 

2200548 ESTATE OF ALAN SOUKHAMTHATH

Account Review Hearing continued from 06/27/17 and 07/25/17.

First and Final Account and Report and Petition for Final Distribution continued from 07/25/17.

No documents filed since prior hearings.  Prior notes remain:

  • Pursuant to paragraph 6 of the petition, real property transferred without order of the court and 100% to spouse of decedent (distribution of separate property made equally to the spouse and children under intestate succession, although the distribution to minor cannot be made direct).
  • Need Notice of Proposed Action (need guardian ad litem to review notice on behalf of minor).
  • Need copy of deed showing title prior to the transfer to personal representative.
  • Paragraphs 26 and 27 of petition are incorrect.
  • Need Notice of Hearing.
  • Need Order.

Personal representative urged to obtain legal counsel at 07/15/17 hearing.

Personal appearance by personal representative (pro per) mandatory.

 

2200617 ESTATE OF MICHAEL TERRY WAGNER

Account Review Hearing continued from 08/01/17.

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

Appearance by personal representative (pro per) mandatory.

 

2200661 ESTATE OF DENISE ELLEN SMALLING

Account Review Hearing.

Recommend confirm 10/20/17 hearing on PrC§12200 Report of Status of Administration.

Appearance by counsel not required.

 

2200681 ESTATE OF JARROD WILLIAM SHARP

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

Recommend Discharge Review Hearing 04/26/18.

Recommend vacate 10/24/17 hearing.

Court will sign submitted order, appearance not required.

 

2200787 ESTATE OF AGNES ELIZABETH BURD

Petition for Termination of Further Proceedings.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2201127 ESTATE OF JOSEPH HALCON

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 03/23/18.

Court will sign submitted order, appearance not required.

 

2201149 MATTER OF THE RUSSELL ST. CLAIR AND SUSUAN ST. CLAIR REVOCABLE TRUST

Petition for Order Confirming Property Owned by Trust.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201163 MATTER OF RYDER FAMILY REVOCABLE TRUST

Petition to Determine Validity of Purported Trust and to Impose Constructive Trust; to Compel Trustee; to Return Property to the Estate; for Cancellation of Deed; to Charge Respondent With Breach of Fiduciary Duty, With Elder or Dependent Adult Financial Abuse, With Wrongful Taking and for Exemplary Damages and Attorney Fees and Costs.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201185 ESTATE OF MARY F. ROSENBAUER

Petition for Probate of Lost Will and for Letters Testamentary filed by attorney Harry B. Gill:

  • Recommend bond in amount of $20,000.00 for out-of-state personal representatives.
  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 3c of petition omits county.
  • Item 3e of petition does not waive bond for petitioner.
  • Need Declination pursuant to item 3g(1)(d).
  • Item 6 of petition omits 6b (incorrectly marked 6f).
  • Need “Family Tree”. 
  • Need Order.
  • Need Letters.

Competing Petition for Probate of Will and for Letters of Administration with Will Annexed filed by attorney John T. Resso:

  • Need Proof of Publication.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

Department 24

8:30 a.m.

 

444451 MATTER OF TRUST ESTATE OF ELAINE LONG

Status Review Hearing.

Appearance by counsel mandatory.

 

WEDNESDAY, SEPTEMBER 27, 2017
No probate matters scheduled.

 

THURSDAY, SEPTEMBER 28, 2017

 

445526 MATTER OF PATRICIA SANCHEZ MOORE REVOCABLE TRUST

Third Account and Report of Co-Trustees and Petition for Its Settlement; Petition for Attorney’s Fees; Petition for Order Authorizing Increased Continued Payment of Monthly Living Expenses to Reta McLelland; Petition for Order Determining Sufficiency of Bond continued from 08/14/17 and 09/13/17.

  • Need supporting documentation re current budget (actual portion due from beneficiary) and caregiver fees.

Recommend continuance to 10/12/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200356 ESTATE OF JUANITA SILL

Petition for Final Distribution on Waiver of Account recommended for approval.

Recommend Discharge Review Hearing 05/01/17.

Court will sign submitted order, appearance not required.

 

2200743 ESTATE OF REBA GIDDENS

Inventory Review Hearing continued from 05/04/17.

Final Inventory and Appraisal on file.

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

Recommend Discharge Review Hearing 05/01/17.

Recommend vacate 11/08/17 hearing.

Court will sign submitted order, appearance not required.

 

2200863 ESTATE OF ROBERT KAY GALBREATH

Inventory Review Hearing.

  • Letters issued 03/28/17.  Inventory and Appraisal due 07/28/17.
  • No Final Inventory and Appraisal on file.

Appearance by personal representative (pro per) mandatory.

 

2200875 ESTATE OF JOHN FRANCIS CERRUTI II

Inventory Review Hearing.

  • Letters issued 03/30/17.  Inventory and Appraisal due 07/30/17.
  • Partial 1 Inventory and Appraisal on file.
  • No Final Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of notice to beneficiaries.

Appearance by counsel mandatory.

 

2200887 ESTATE OF EDNA M. SCHMIDT

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 10/24/17 hearing on petition for final distribution.

Appearance by counsel not required.

 

2200888 ESTATE OF RAYMOND L. BROWN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/03/18.

Appearance by counsel not required.

 

2200893 ESTATE OF DOUGLAS LARRY NULL

Inventory Review Hearing.

Inventory and Appraisal on file:

  • Caption of Inventory and Appraisal not completed.
  • Item 5 of Inventory and Appraisal not completed.
  • Attachment No. 1 includes Insurance reimbursement and cash from sale of car.  Need confirmation that this occurred before date of death.
  • Need Corrected Inventory and Appraisal.

Recommend continuance to 11/08/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200896 ESTATE OF VALOIS S. HERRERA

Inventory Review Hearing.

  • Letters issued 03/28/17.  Inventory and Appraisal due 07/28/17.
  • No Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2201164 MATTER OF CARONELL B. MAJORS TRUST OF 2002

Petition for Order Confirming Trust Assets.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

FRIDAY, SEPTEMBER 29, 2017

 

2200562 ESTATE OF FRANK JAMES SILVA

Petition for Final Distribution on Waiver of Accounting recommended for approval.

Recommend Discharge Review Hearing 05/01/18.

Court will sign submitted order, appearance not required.

 

2200624 ESTATE OF MICHAEL VICTOR OLSON

Petition for Final Distribution on Waiver of Accounting:

  • Need Property Tax Certificate (requested in 03/01/17 probate notes).
  • Need Exhibit “B”.
  • Need Notice of Hearing.
  • Need new Order.

Recommend continuance to 10/20/17 to allow time to cure defects.

Recommend vacate 10/04/17.

Appearance by counsel not required.

 

2201160 MATTER OF CHARLES CHAPMAN

Spousal Property Petition continued from 09/08/17.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2201171 MATTER OF WANDA CARY TRUST

Petition for Removal of Co-Trustees; to Appoint Institutional Successor Trustee; for Order Directing Successor Trustee to Investigate and Review Co-Trustees’ Actions and for Surcharge:

  • Need proof of personal service to Co-Trustees.
  • Need Order.

Recommend continuance to 11/02/17 to allow time to cure defects.

Appearance by counsel not required.

 

2201177 ESTATE OF GEORGE G. SHAW

Petition for Probate of Will and for Letters Testamentary:

  • May require bond for out-of-state personal representative.
  • Need Proof of Subscribing Witness as Will not self-proving.
  • Need copy of Trust.
  • Item 8 of petition does not include beneficiaries of Trust.
  • Need Proof of Publication.

Recommend continuance to 10/20/17 to allow time to cure defects.

Appearance by counsel not required.

 

2201178 ESTATE OF FRANCES MARIE ESTERS

Petition for Probate of Will and for Letters Testamentary:

  • Item 3g(2)(b) and (c) of petition omitted.
  • Item 5a(5)(a) or (b) of petition omitted.
  • Item 8 of petition omits name and date of death for predecease spouse.
  • Item 7 of petition inappropriately marked as there is living issue.
  • Need Waiver of Bond by Heir signed by petitioner.
  • Item 2 of Duties and Liabilities of Personal Representative omitted.
  • Need Notice of Petition to Administer Estate.

Recommend continuance to 10/20/17 to allow time to cure defects.

Appearance by counsel not required.

 

2201181 MATTER OF YSMAEL T. GONZALEZ

Spousal Property Petition:

  • Item 1a of petition omitted.
  • Item 4c of petition omitted.
  • Item 5a(2) of petition omitted.
  • Item 9 of petition omits relationships.
  • Item 10 of petition omitted.
  • Need copy of deed showing current title.
  • Need Notice of Hearing.
  • Need proof of notice to Department of Health Care Services.

Recommend continuance to 10/20/17 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

2201183 ESTATE OF ZEFFIE LEE BURGER

Petition for Letters of Administration.

  • Item 3c of petition gives Stockton as city and omits county.
  • Need copy of Certificate of Death.
  • Item 7 inappropriately marked as there is living issue.
  • Item 8 of petition.
  • Notice of Hearing form DE-120 inappropriate for filing of petition for probate.
  • Need Proof of Publication.
  • Need completed Order.

Recommend continuance to 10/20/17 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

MONDAY, OCTOBER 2, 2017

No probate matters scheduled.

Last updated: September 19, 2017 2:34 PM