October 23, 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. 

TUESDAY, OCTOBER 23, 2018

 

Department 22

8:30 a.m.

 

2200744 ESTATE OF WALTER G. DEARDORFF

Account Review Hearing continued from 01/24/18 and 08/21/18:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200522 MATTER OF JUAN DE LA TORRE SPECIAL NEEDS TRUST

Related Case No. 2200521.

Account Review Hearing continued from 08/24/18.

Second Account and Report of Trustee recommended for approval.

Recommend Account Review Hearing 10/23/20.

Court will sign submitted order, appearance not required.

 

2200964 ESTATE OF KATHI MARIE PEICHOTO

Discharge Review Hearing:

  • Ex Parte Petition for Final Discharge and Order submitted for signature returned to attorney for corrections.

Appearance by counsel mandatory.

 

2201080 MATTER OF THE ALEXANDER M. KENNEY SPECIAL NEEDS TRUST

Account Review Hearing.

Recommend confirm 11/01/18 hearing on First Account and Report of Trustee.

Appearance by counsel not required.

 

2201144 ESTATE OF WILLIAM MARTIN

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.

 

2201195 ESTATE OF JOSEPH RICHARD FOX

Account Review Hearing.

Order for Final Distribution of Estate on file.

Recommend confirm 04/12/19 Discharge Review Hearing.

Appearance by counsel not required.

 

2201442 ESTATE OF JIMMY DELANE JILES

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

Recommend Discharge Review Hearing 05/22/19.

Court will sign submitted order, appearance not required.

 

PR18000522 ESTATE OF VIRGINIA IRENE HICKS

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/30/19.

Court will sign submitted order, appearance not required.

 

PR18000563 MATTER OF THEODORE G. MYERS

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000564 ESTATE OF MARILYN LEAH HOLLINGSWORTH          

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/30/19.

Court will sign submitted order, appearance not required.

 

Department 21

8:30 a.m.

 

2201459 ESTATE OF CATHLEEN ST. MARTIN

Petition for Final Distribution on Waiver of Account:

  • Caption of petition and order does not make distribution to trust.
  • Order omits list of assets on hand for distribution.

Recommend continuance to 11/27/18 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, OCTOBER 24, 2018

 

2200521 MATTER OF ZALEEYA DE LA TORRE TRUST

Related Case No. 2200522.

Account Review Hearing.

Second Account and Report of Trustee recommended for approval.

Recommend Account Review Hearing 10/23/20.

Court will sign submitted order, appearance not required.

 

2201053 ESTATE OF EDWARD ARTHUR TANNER

Related Case No. PR18000265.

Case Management Conference.

Appearance by counsel mandatory.

 

2201067 MATTER OF MARIA E. RAMIREZ TRUST

Case Management Conference.

Appearance by counsel mandatory.

 

2201114 ESTATE OF DOUGLAS ALLAN MUTOZA

Account Review Hearing continued from 09/05/18.

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

Recommend Discharge Review Hearing 05/29/19.

Court will sign submitted order, appearance not required.

 

2201131 MATTER OF JUAN JUACHE SPECIAL NEEEDS TRUST

First Account and Report of Trustee; Petition to Settle Account; to Confirm Trustee Fees; and to Fix and Allow Attorneys’ Fees and Costs continued from 09/12/18 recommended for approval.

Recommend Account Review Hearing 09/25/20.

Court will sign submitted order, appearance not required.

 

2201199 ESTATE OF CORA JUNE ELLER

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

Court file review not yet complete.  Please recheck website.

 

2201414 ESTATE OF JAMES FENTON BERRY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Account Review Hearing 04/30/19.

Appearance by counsel not required.

 

2201458 ESTATE OF JEANETTE ANN MICHENER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 01/09/19 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR18000217 MATTER OF GEORGE LARKIN LAWRENCE

Petition to Determine Succession to Real Property continued from 08/15/18 and 09/12/18.

  • Pursuant to lodged Will, estate of decedent divided between the estate of Maria Cecilia Lawrence (surviving spouse of decedent) and Cresencia Marie Lawrence (daughter of decedent).  Need explanation as to why the personal representative of the estate of Maria Cecilia Lawrence is not part of this petition.  Proceeding cannot proceed without all parties.
  • Item 11 box marked for personal property, but no personal property listed on Attachment 11.

Recommend further continuance to 11/27/18 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000265 MATTER OF EDWARD ARTHUR TANNER

Related Case No. 2201053.

Spousal Property Petition continued from 08/23/18:

  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR18000298 MATTER OF CHARLES DENVER REYNOLDS

Spousal Property Petition continued from 09/12/18.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000357 MATTER OF HARVEY J. CLEMENS

Petition to Determine Succession to Real Property continued from 09/19/18.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000501 ESTATE OF JOE W. OPPELT

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

Recommend Inventory Review Hearing 04/30/19.

Court will sign submitted order, appearance not required.

 

PR18000525 ESTATE OF MARGIE MARTINEZ

Petition for Letters of Administration:

  • Item 8 of petition does not list all relationships.
  • Item 4 of Waivers of Bond by Heir omits name of personal representative.
  • Need Notice of Petition to Administer Estate.
  • Need Order.
  • Need Letters with original signatures.

Recommend continuance to 11/27/18 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

THURSDAY, OCTOBER 25, 2018

 

385411 MATTER OF THE MARLIN BOZARTH SPECIAL NEEDS TRUST

Related Case No. 439972.

Fifth Account and Status Report of Trustee, Petition for Settlement of Account and for Allowance of Attorney Fees recommended for approval.

Recommend Account Review Hearing 09/24/20.

Court will sign submitted order, appearance not required.

 

439972 MATTER OF THE JANELLE BOZARTH SPECIAL NEEDS TRUST

Related Case No. 385411.

Fourth Account and Status Report of Trustee, Petition for Settlement of Account and for Allowance of Attorney Fees recommended for approval.

Recommend Account Review Hearing 09/24/20.

Court will sign submitted order, appearance not required.

 

444876 ESTATE OF ABRHAM LOPEZ VAZQUEZ

Account Review Hearing continued from 06/13/18 and 08/15/18:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200548 ESTATE OF ALAN SOUKHAMTHATH

Account Review Hearing continued from 06/27/17, 07/25/17, 09/26/17, 12/01/17, 01/11/18, 03/15/18 and 09/13/18.

First and Final Account and Report and Petition for Final Distribution continued from 07/25/17, 09/26/17, 12/01/17, 01/11/18, 03/15/18 and 09/13/18:

  • Need status of administration.

Appearance by counsel mandatory.

 

2200860 ESTATE OF BARBARA BROWN

Inventory Review Hearing continued from 05/10/18 and 08/30/18:

Letters issued 03/22/17.  Inventory and Appraisal due 07/22/17.

  • Need Final Inventory and Appraisal.

Account Review Hearing continued from 08/30/18:

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

Appearance by counsel mandatory.

 

2200863 ESTATE OF ROBERT KAY GALBREATH

Account Review Hearing continued from 07/13/18 and 09/13/18.

PrC§12200 Status Report continued from 09/13/18.

Recommend confirm 12/05/19 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

2200899 ESTATE OF ALICE “TOY” BARKER

Account Review Hearing.

Petition for Final Distribution on Waiver of Account:

  • Page 2, paragraph 2, of petition gives incorrect date of Will.
  • Page 2, paragraph 3, of petition gives incorrect date for issuance of Letters.
  • Need Order.

Recommend continuance to 12/26/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201169 ESTATE OF SHELLIE KAY HALSETH

Account Review Hearing.

Petition for Final Distribution on Waiver of Account:

  • Need language re notice to director of Victim Compensation Board pursuant to PrC§9202(b).
  • Paragraph 18 in null as law has changed re the requirement of a Certificate of California Franchise Tax Board.
  • Need Order (not Judgment).

Recommend continuance to 12/26/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201248 ESTATE OF JESSE LARA RUIZ

Report of Sale and Petition for Order Confirming Sale of Real Property located at 945 Arambel Dr, Patterson, Stanislaus County, California (APN:  047-44-46) for sales price of $227,000.00 (first overbid $238,850.00):

  • Need confirmation of deposit in amount of $22,700.00.

Appearances mandatory.

 

2201266 ESTATE OF MICHAEL STEVEN SCHMITT

Inventory Review Hearing continued from 09/06/18.

  • Need Corrected Final Inventory and Appraisal as:
  • All items need to be listed on Attachment 2 and valued by the probate referee.
  • Caption omits marking box for Property Tax Certificate (correlates with item 5b).
  • Item 5b omitted.

Recommend continuance to 12/28/18 to allow time for Corrected Inventory and Appraisal to be returned by probate referee.

Appearance by counsel not required.

 

2201464 ESTATE OF CINDY ANN COSTA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 05/01/19.

Appearance by counsel not required. 

 

2201465 ESTATE OF JEFFREY STEVENS BROWN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 05/14/19.

Appearance by counsel not required.

 

PR18000384 ESTATE OF RALPH JAMES HARRELSON II

Petition for Letters of Administration continued from 09/20/18:

  • Need bond in amount of $20,000.00 (minimum amount).
  • Need Duties and Liabilities of Personal Representative.
  • Need Proof of Publication.
  • Need Order for Probate.
  • Need Letters of Administration.

Appearance by counsel mandatory.

 

PR18000391 ESTATE OF ROY ALAN JOHNSON

Petition for Letters of Administration With Will Annexed: 

  • Need proof of notice (Notice of Petition to Administer Estate) to Tracy Delisle, aka Tracy Johnson.

Recommend continuance to 11/30/18 to allow time to give notice.

Appearance by petitioner (pro per) not required.

 

PR18000414 ESTATE OF BOBBIE LEE GREGORY

Petition for Letters of Administration with Will Annexed continued from 09/20/18 recommended for approval.

Recommend Inventory Review Hearing 04/30/19.

Court will sign submitted order, appearance not required.

 

PR18000427 ESTATE OF SHANNON HENDRICKS POTEET

Petition for Letters of Administration continued from 09/25/18 recommended for approval.

Recommend Inventory Review Hearing 04/30/19.

Court will sign submitted order, appearance not required.

 

PR18000534 ESTATE OF ROSEMARY IRENE LANG

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/30/19.

Court will sign submitted order, appearance not required.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Last updated: October 22, 2018 4:54 PM