June 18, 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. 

MONDAY, JUNE 18, 2018

No probate matters scheduled.

 

TUESDAY, JUNE 19, 2018

 

Department 22

8:30 a.m.

 

2200258 MATTER OF TRUST OF NICOLL AND EDITH GALBRAITH

Court Trial continued from 12/06/17.

Appearances mandatory.

David Galbraith’s Ex Parte Petition for Immediate Removal of Trustee and Appointment of Qualified Trustee.

Thomas Bonte’s Ex Parte Petition for Hearing in Open Court and Request for time to File Response.

 

2200577 ESTATE OF SHARON BOWMAN

Account Review Hearing continued from 10/05/17, 10/19/17 and 03/20/18.

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200710 ESTATE OF MARCELLA ELIZABETH LAFFIN

Account Review Hearing continued from 12/19/18 and 01/23/18.

Recommend continuance to 11/01/18 as requested in Declaration on file.

Appearance by counsel not requried.

 

2200780 ESTATE OF DANIEL GEORGE MAIN

Discharge Review Hearing:

  • Need accounting of $2,000.00 reserve.
  • Need Receipt on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2200857 ESTATE OF BERNICE D. ECKERSLEY

PrC§12200 Status Report of Administration continued from 05/23/18.

Recommend continuance to 10/26/18 to allow time for petition to be completed and set for hearing.

Appearance by counsel not required.

 

2200888 ESTATE OF RAYMOND L. BROWN

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.

 

2200899 ESTATE OF ALICE MAE BARKER

Inventory Review Hearing continued from 04/19/18.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/25/18.

Appearance by counsel not required.

 

2201063 ESTATE OF DONNA KAY PARKS

Petition for Purchase of Real Property of the Estate by Administrator.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2201224 ESTATE OF TERRY M. CARDWELL

Report of Sale and Petition for Order Confirming Sale of Real Property located at 2840 Robmart Ct., Ceres, CA (APN: 053-004-004-000) for sales price of $195,000.00 (overbid $205,250.00) continued from 06/12/18:

  • Item 4d amount bid of $195,000.00 is only 75% of the appraised value instead of the required 90%.
  • Item 4d deposit of $1,000.00 instead of required $19,500.00.
  • Need terms and conditions.

Appearance by counsel and buyer mandatory.

 

2201321 ESTATE OF PEDRO H. QUINTEROS

Petition for Probate of Will and for Letters Testamentary continued from 01/30/18, 03/06/18, 04/10/18 and 05/22/18.

No documents filed since prior hearing.  Prior notes remain:

  • Need Proof of Subscribing Witness as Will not self-proving.  If unable to obtain signature of Witness, please provide Declaration re: signature by decedent on Will signed by an unbiased person.

Appearance by personal representative (pro per) mandatory.

 

2201473 MATTER OF JESUS ESCOBAR

Spousal Property Petition continued from 05/01/18 and 05/22/18.

Submitted to Judge for determination.

Appearance by counsel, petitioner and guardian ad litem mandatory.

 

PR-18000009 ESTATE OF KENNETH LEROY SNARR

Petition for Letters of Administration continued from 06/05/18:

  • Need Bond in amount of $100,000.00 or Waivers of Bond signed by all heirs.

Appearance by counsel mandatory.

 

PR-18000012 ESTATE OF CATHERINE MARIE LITEL

Petition for Letters of Administration continued from 06/05/18.

No documents filed since prior hearing. Prior notes remain:

  • Need Waiver of Bond signed by petitioner.
  • Item 2b(4) of petition inappropriately completed.
  • Item 3c of petition omits county.
  • Item 3g(2)(a) of petition omitted.
  • Item 6 of petition inappropriately completed as there are surviving issue.
  • Item 7 of petition inappropriately completed as there are surviving issue.
  • Item 8 of petition omits petitioner.
  • Item 8 of petition does not need to include siblings of decedent as there are surviving issue.
  • Need Duties and Liabilities of Personal Representative.
  • Notice of Hearing (form DE-120) not used with initial filing of petition.
  • Need Order for Probate.
  • Need Letters of Administration.

Appearance by petitioner (pro per) mandatory.

 

PR-18000016 ESTATE OF JOYCE J. LOGSDON

Petition for Probate of Will and for Letters Testamentary continued from 06/05/18.

Order for Probate and Letters of Testamentary on file.

Recommend Inventory Review Hearing 12/05/18.

Appearance by counsel not required.

 

Department 23

8:30 a.m.

 

2200623 MATTER OF ERICH HOFMANN TESTAMENTARY TRUST

Court Trial.

Appearances mandatory.

 

WEDNESDAY, JUNE 20, 2018

 

444630 MATTER OF BRANT P. WILLIAMS SPECIAL NEEDS TRUST

Account Review Hearing continued from 05/09/18.

Fifth Account and Report of Trustee and Petition for its Confirmation and Approval, to Approve Sale of Real Property, and for Trustee’s and Attorney’s Fees recommended for approval.

Recommend Account Review Hearing 05/01/19.

Court will sign submitted order, appearance not required.

 

2200625 ESTATE OF TONY ALLEN BECKER

Account Review Hearing continued from 10/06/17, 11/16/17 and 05/16/18.

Recommend confirm 08/09/18 hearing on Petition for Final Distribution on Waiver Account.

Appearance by counsel not required.

 

2200943 ESTATE OF MARIA REFUGIO HERNANDEZ

Account Review Hearing continued from 04/04/18 and 05/23/18.

Recommend confirm 07/10/18 hearing on PrC§12200 Report as to Status of Estate.

Appearance by counsel not required.

 

2201054 ESTATE OF JAMES ALLEN FREDRICKSON

Account Review Hearing.

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

Recommend Discharge Review Hearing 01/17/19.

Court will sign submitted order, appearance not required.

 

2201171 MATTER OF WANDA CARY TRUST

Status Review Hearing continued from 03/20/18.

Petition for Removal of Co-Trustees, etc., continued from 09/29/17, 11/02/17, 12/01/17, 01/09/18 and 03/20/18.

  • Need status of trust administration.

Appearances by counsel mandatory.

 

2201314 ESTATE OF LAUREY FILLMAN

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

Recommend Discharge Review Hearing 01/18/19.

Court will sign submitted order, appearance not required.

 

2201399 MATTER OF CAMERON DOOLEY SPECIAL NEEDS TRUST

Status Review Hearing.

  • Need proof of blocked account.

Appearance by counsel mandatory.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Petition for Probate of Will and for Letters Testamentary continued from 03/14/18, 04/04/18 and 05/23/18:

  • Item 1 of the petition omits name of newspaper.
  • Item 8 of petition does not list names exactly as they appear in Will.
  • Notice of Petition to Administer Estate does not mark box 5 requesting authority to administer under the Independent Administration of Estates Act.
  • Notice of Petition to Administer Estate defective as only gives 14-day notice instead of the required 15-day notice.
  • Need Letters Testamentary signed by petitioner.

Recommend continuance to 08/15/18 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR-18-000050 MATTER OF KEITH BOYCE

Spousal Property Petition.

Recommend continuance to 08/15/18 to allow time to cure defects.

Appearance by counsel not required.

 

PR-18-000060 ESTATE OF CLAIR LEO ROBIDEAUX

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/12/18.

Court will sign submitted order, appearance not required.

 

PR-18-000063 MATTER OF JANICE MARIE FARINELLI

Spousal Property Petition:

  • Need copy of deed showing current title to real property. 
  • Need proof of notice to Department of Health Services.

Recommend continuance to 08/15/18 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, JUNE 21, 2018

 

388580 MATTER OF JEREMY MILLER 2006 SPECIAL NEEDS TRUST

Account Review Hearing.

Fourth Account and Report of Trustee and Petition for Attorney’s Fees and Costs recommended for approval.

Recommend Account Review Hearing 06/18/20.

Court will sign submitted order, appearance not required.

 

2200645 ESTATE OF JASWINDER SINGH

Amended Petition for Final Distribution on Waiver of Account continued from 11/29/17, 01/30/18, 04/05/18 and 05/31/18:

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

  • Need revised Order.

Objection on file.

Possible Long Cuase Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200646 ESTATE OF BERENISE JIENEZ GONZALEZ 

Account Review Hearing continued from 01/23/18:

  • Need Petition for Final Distribution. 

Appearance by counsel mandatory.

 

2200687 ESTATE OF JOHN J. HOLLENBACK JR 

Account Review Hearing continued from 11/15/17, 12/21/17 and 03/21/18. 

Petition for Final Distribution on Waiver of Account:

  • Need Property Tax Certificate as box not checked on Final Inventory and Appraisal.
  • Need language that Final Inventory and Appraisal filed on May 22, 2017 replaced the prior Partial and Supplemental Inventory and Appraisals. 

Recommend continuance to 08/09/18 to allow time to cure defects. 

Appearance by counsel not required.

 

2201027 ESTATE OF JOANNE MARIE LECA 

Account Review Hearing. 

Recommend confirm 07/03/18 hearing on Petition for Final Distribution on Waiver of Account. 

Appearance by counsel not required.

 

2201057 ESTATE OF ENRIQUE PERALTA

Account Review Hearing.

Petition for Final Distribution on Waiver of Account:

  • Need Property Tax Certificate as box not checked on Final Inventory and Appraisal.
  • Need language re interest bearing account (PrC§1064a5; 9652).
  • Need Order.

Recommend continuance to 08/09/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201229 MATTER OF ALFRED F AND MUREIEL C. BRENNAN TRUST

Petition to Compel Trustees to Report and Account continued from 11/02/17 and 12/15/17, 02/28/18 and 03/21/18:  

  • Need status re settlement.

Appearance by counsel mandatory.

 

2201233 ESTATE OF CLARENCE DeGRAFF

Account Review Hearing.

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

Recommend Discharge Review Hearing 01/22/19.

Court will sign submitted order, appearance not required.

 

2201294 ESTATE OF CHRISTOPHER LEGASPI

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

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

Recommend Account Review Hearing 12/14/18.

Appearance by counsel not required.

 

2201301 ESTATE OF LINDA KAY LESTER 

Inventory Review Hearing. 

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/09/19. 

Appearance by counsel not required.

 

2201479 ESTATE OF HAROLD WATSON 

Amended Petition for Letters of Administration continued from 05/11/18. 

No documents filed since prior hearing.  Prior notes remain: 

  • Need Bond in amount of $200,000.00 or Waiver of Bond by Heirs. 
  • Item 3c of petition omits county. 
  • Item 3g(2)(c) of petition omitted. 
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number. 
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication. 
  • Need Order.

Appearance by counsel mandatory.

 

2201507 ESTATE OF LORAN GEORGE BURBANK

  • Amended Petition for Probate of Will and for Letters of Administration with Will Annexed: 
  • Need Notice of Petition to Administer Estate for Amended Petition. 
  • Need Proof of Publication for Amended Petition. 

Appearance by counsel mandatory. 

 

PR-18000022 ESTATE OF JOAN BEESON SANGSTER 

Petition for Letters of Administration recommended for approval with bond in amount of $240,000.00. 

Recommend Inventory Review Hearing 12/13/18. 

Court will sign submitted order, appearance not required.

Last updated: June 15, 2018 3:55 PM