October 18, 2019

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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.ppointment of Guardian Ad Litem-Civil incorrect form.  Need to use Mandatory Judicial form DE-350 for Ex Parte Application for Guardian Ad Litem-Probate.

 

THURSDAY, OCTOBER 17, 2019 

 

Department 22 

8:30 a.m.

 

2201024 ESTATE OF KEVIN D. SILVA 

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201. 

Appearance by counsel mandatory.

 

2201087 ESTATE OF ZONIA BERNICE GAYLOR 

Petition for Final Distribution on Waiver of Account continued from 06/12/19 and 08/28/19 recommended for approval.

Recommend Discharge Review Hearing 05/15/20.

Court will sign submitted ordeer, appearance not required.

 

2201410 ESTATE OF ANTONIO GUERRERO HERNANDEZ 

Account Review Hearing continued from 06/12/19 and 08/21/19. 

Recommend confirm 11/19/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

PR18000166 ESTATE OF EDGAR F. CARMICHAEL 

Petition for Final Distribution on Waiver of Account continued from 08/23/19 recommended for approval.

Recommend Discharge Review Hearing 05/15/20.

Court will sign submitted order, appearance not required.

 

PR18000179 ESTATE OF LORRAINE WARREN JOHNSON 

Account Review Hearing continued from 08/09/19. 

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201. 

Recommend continuance to 12/05/19 to allow time to give proper notice. 

Appearance by counsel not required.

 

PR18000219 ESTATE OF DONNA M. MYERS 

Account Review Hearing continued from 08/21/19. 

PrC§12200 Status Report of Administration: 

  • Need Notice of Hearing pursuant to PrC§12201.

Recommend continuance to 12/05/19 to allow time to give proper notice.

Appearance by counsel not required.

 

PR18000302 ESTATE OF DAVID R. BONILLA 

First and Final Account and Report and Petition for Final Distribution recommended for approval with matter of extraordinary fees submitted to Judge for determination.

Recommend Discharge Review Hearing 05/15/20.

Appearance by counsel mandatory.

 

PR18000459 MATTER OF LUISA MARQUES PIMENTAL REVOCABLE TRUST

Law and Motion Tentative Ruling:  Darrell Souza’s Motion for Judgment on the Pleadings - Due to Petitioner’s late-filing of opposition to the pending motion for judgment on the pleadings, the Court, on its own motion, CONTINUES the hearing on the motion to Thursday, November 7, 2019, at 8:30 a.m. in Department 22.  Third Party Darrell Souza’s reply, in support of the motion for judgment on the pleadings, shall be filed not later than Thursday, October 31, 2019.

Petition with Points and Authority by Trustee to Establish Trust’s Claim of Ownership to Real Property, for an Order Determining Trust’s Title to Real Property, and for Damages Related to Financial Elder Abuse continued from 10/10/18, 02/28/19, 05/30/19 and 08/30/19.

Recommend continuance to 11/07/19 to coincide with continuance of law and motion matter.

Appearance by attorney not required.

 

PR18000826 MATTER OF JOAN CUNNINGHAM LIVING 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, and With Wrongful Taking and for Exemplary Damages and Attorney Fees and Costs continued from 02/07/19, 03/08/19, 05/08/19, 07/10/19 and 09/05/19: 

  • Objection on file.
  • Case Management Statement on file.

Possible Long Cause Matter. 

Appearance by counsel mandatory.

 

PR19000072 ESTATE OF ROBERT A. OLSEN 

Inventory Review Hearing continued from 09/05/19: 

  • Letters issued 03/05/19.  Inventory and Appraisal due 07/05/19. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory.

 

PR19000806 ESTATE OF CHRISTEN A. HANSON 

Petition for Letters of Administration continued from 09/12/19. 

No documents filed since prior hearing.  Prior notes remain: 

  • Item 2b of petition omits name. 
  • Item 3e(1) of petition incorrectly marked as there is no Will. 
  • Item 3e(2) of petition incorrectly marked as there is no Will. 
  • Need Waivers of Heirs attached as Attachment 3e(3). 
  • Item 8 of petition omits relationships. 
  • Need Letters with original signature. 

Appearance by counsel mandatory.

 

PR19000884 ESTATE OF ELIZABETH CALL ENGER 

Petition for Letters of Administration: 

  • Need Waivers of Bond by Heirs pursuant to item 3e(3) of petition. 
  • Need Order. 
  • Need Letters with original signature. 

Recommend continuance to 12/05/19 to allow time to cure defects. 

Appearance by counsel not required.

 

PR19000888 ESTATE OF PONA ROSE 

Petition for Probate of Will and for Letters Testamentary: 

  • May require $20,000.00 bond for out-of-state personal representative. 
  • Need Proof of Subscribing Witness as Will not self-proving. 
  • Caption of petition omits Authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 3c of petition omits county. 
  • Item 4 of petition omitted. 
  • Item 7 of petition inappropriately checked as there is living issue. 
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number. 
  • Notice of Petition to Administer Estate Proof of Mailing defective as declaration not dated. 
  • Need Letters with original signature. 

Recommend continuance to 12/05/19 to allow time to cure defects.. 

Appearance by counsel not required.

 

PR19000889 ESTATE OF VIRGINIA MAE PETTY 

Related Case No. PR19000953.

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 04/21/20.

No obection on file.

Competing petition set for hearing on 11/01/19 under related Case No. PR19000953.

Appearance by counsel mandatory.

 

PR19000890 ESTATE OF JACK B. DALY

Petition for Probate of Will and for Letters Testamentary:

  • Need Notice of Hearing.
  • Need Order.

Recommend continuance to 12/05/19, as requested by attorney, to allow time to cure defects.

Appearance by counsel not required.

 

FRIDAY, OCTOBER 18, 2019

 

Department 22

8:30 a.m.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

Account Review Hearing continued from 10/04/18, 12/14/18, 03/01/19, 06/28/19 and 08/23/19.

First and Final Account and Report and Petition for Final Distribution continued from 06/28/19 and 08/23/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need clarification re Creditor’s Claim filed 03/03/2015 in amount of $13,545.30 (filed by attorney Tara Mazzanti on behalf of Roberto and Concepcion Gonzalez).
  • Need to use date of death value for Inventory and Appraisal (not reappraisal for sale).
  • Need recalculation of statutory fees. 
  • Need Closing Statement for sale of real property.
  • Need new Order.

Appearance by counsel mandatory.

 

2201185 ESTATE OF MARY F. ROSENBAUER

Account Review Hearing.

PrC§12200 Status Report of Administration:

  • Need $200.00 filing fee.
  • Need Notice of Hearing pursuant to PrC§12201.

Recommend continuance to 12/06/19 to allow time to cure defects.

Appearance by counsel not required.

 

2201462 ESTATE OF JOHN R. SWANSON

Account Review Hearing continued from 07/26/19 and 08/30/19:

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

Petition to Determine Distribution Rights:

  • Need Order.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201510 ESTATE OF DEAN J. WAECHTER

Related Case No. PR18000423.

Inventory Review Hearing continued from 08/06/19 and 08/30/19

Final Inventory and Appraisal on file. 

PrC§12200 Status Report of Administration continued from 08/30/19

First and Final Account and Petition for Final Distribution on file.

First and Final Accounting and Petition for Final Distribution continued from 08/30/19:

  • Page 2, line 2, of petition gives incorrect date for issuance of Letters.
  • Page 4, line 14, of petition gives incorrect expiration date for filing of creditor’s claims.
  • Need itemization of costs of administration showing date, payee, explanation, payor and amount (filing fees, publication fees, certification fees, probate referee fees, etc.).
  • Page 7, line 20, in addition to receipts, Ex Parte Petition for Final Discharge and Order required before personal representative can be discharged.
  • Notice of Hearing defective as item 1 does not include name and capacity.
  • Notice of Hearing Proof of Service by Mail as item 2 omitted.
  • Need name of personal representative for estate of Terry L. Weachter and copy of Letters.

Appearance by counsel mandatory.

 

PR18000711 ESTATE OF DOROTHY SALGADO

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

Recommend Discharge Review Hearing 05/15/20.

Recommend vacate 02/04/20 hearing on Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR19000025 ESTATE OF GLENDA DARLENE TEAGUE

Inventory Review Hearing continued from 08/21/19.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/27/20.

Appearance by counsel not required.

 

PR19000157 ESTATE OF BEVERLY TOBEY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/24/20.

Appearance by counsel not required.

 

PR19000899 ESTATE OF JAMES ERICK ROWELL.

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

Recommend Inventory Review Hearing 04/24/20.

Court will sign submitted order, appearance not required.

 

PR19000904 ESTATE OF JOSEPH F. KRZEWINSKI

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

Recommend Inventory Review Hearing 04/24/20.

Court will sign submitted order, appearance not required.

 

PR19000910 ESTATE OF JOSE S. JUAREZ

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/24/20.

Court will sign submitted order, appearance not required.

 

PR19000911 MATTER OF CHRISTINA BROWN

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000915 MATTR OF SMITH FAMILY TRUST

Petition for Order Confirming Trust Asset:

  • Need confirmation original Will lodged with court.
  • Need Notice of Hearing pursuant to PrC§850(c).
  • Ned Order.

Recommend continuance to12/06/19 to allow time to cure defects.

Appearance by counsel not required.

 

MONDAY, OCTOBER 21, 2019

No probate matters scheduled.

Last updated: October 16, 2019 2:43 PM