February 23, 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. 

MONDAY, FEBRUARY 25, 2019

No probate matters scheduled.

 

TUESDAY, FEBRUARY 26, 2019

 

Department 22

8:30 a.m.

 

2200202 MATTER OF JEANNE S. BURKE FAMILY TRUST

Status Review Hearing continued from 12/13/18 and 01/31/19:

  • Need status re administration of trust.

Appearance by counsel mandatory.

 

445370 ESTATE OF MARY F. VAUGHN

Account Review Hearing continued from 09/16/17, 09/26/18 and 12/12/18.

PrC§12200 Status Report of Administration.

Recommend continuance to 06/26/19 to allow time for litigation to be completed.

Appearance by counsel not required.

 

2200613 ESTATE OF ORVILLE TRUITT CUNNINGHAM

First and Final Account and Report and Petition for Final Distribution continued from 01/03/18, 02/07/18, 04/11/18, 05/23/18, 06/29/18 and 08/31/19.

Recommend confirm 03/29/19 hearing on Amended First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

2201037 ESTATE OF PETER K. BERRY

Inventory Review Hearing continued from 09/20/18 and 12/13/18.

Letters issued 12/13/18.  Inventory and Appraisal due 04/13/19.

Recommend continuance to 04/12/19 to allow time for Inventory and Appraisal to be completed and filed.

Appearance by counsel not required.

 

2201280 ESTATE OF MICHAEL SCOTT LEE

Account Review Hearing continued from 12/13/18.

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

Recommend Discharge Review Hearing 09/26/19.

Court will sign submitted order, appearance not required. 

 

2201365 ESTATE OF ANTHONY R. GARCIA

Inventory Review Hearing continued from 12/13/19:

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 06/18/19.

Appearance by personal representative (pro per) not required.

 

2201479 ESTATE OF MICHAEL HAROLD WATSON

Inventory Review Hearing continued from 12/13/19:

  • Letters issued 06/21/18.  Inventory and Appraisal due 10/21/18.
  • Need Inventory and Appraisal.

Appearance by counsel mandatory.

 

2201487 ESTATE OF VIRGINIA IRENE ANDERSON

Order to Show Cause for failure to appear.

Inventory Review Hearing continued from 12/13/18.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/18/19.

Appearance by personal representative (pro per) mandatory pursuant to Minute Order dated 12/13/18.

 

PR18000116 ESTATE OF GUADALUPE A. OROZCO

Related Case No. PR18000263.

Court Trial.

Appearances mandatory.

 

PR18000263 ESTATE OF GUADALUPE A. OROZCO

Related to Case No. PR18000116.

Court Trial.

Appearances mandatory.

 

PR19000010 ESTATE OF DEBRA K. MARTIN

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 08/27/19.

Court will sign submitted order, appearance not required.

 

PR19000040 ESTATE OF ELIZABETH M. SAUNDERS

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

Recommend Inventory Review Hearing 08/17/18.

Court will sign submitted order, appearance not required.

 

PR19000053 ESTATE OF SUSAN LYNN BERGLUND-WEAVER

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

Recommend Inventory Review Hearing 08/27/18.

Court will sign submitted order, appearance not required.

 

WEDNESDAY, FEBRUARY 27, 2019

 

Department 22

8:30 a.m.

 

445477 MATTER OF DONNA JEANET BROWN 2002 REVOCABLE LIVING TRUST

Order to Show Cause for Dismissal.

Petition for Removal of Trustee, Accounting of Trust Assets and the Appointment of Successor Trustee continued from 08/02/17, 10/03/17, 11/29/17, 01/31/18, 04/20/18, 09/18/18 and 12/11/18:

No documents filed since prior hearings.  Prior notes remain:

  • Need Notice of Hearing (mandatory Judicial Council form DE-120) giving at least a 30-day notice to all persons named in trust.

Appearance by petitioner (pro per) mandatory.

 

2200627 ESTATE OF PATRICIA KREIGER KAIN

Account Review Hearing continued from 01/26/18. 08/24/18, 09/13/18 and 12/06/18.

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel mandatory.

 

2200679 ESTATE OF CAROLYN LOUISE KENNEDY

Account Review Hearing continued from 10/25/17 and 12/06/18.

Recommend confirm 03/21/19 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by personal representative (pro per) not required.

 

2200737 ESTATE OF HENRY JOSEPH HARMON

Inventory Review Hearing continued from 05/03/17, 08/02/17, 12/21/17, 12/11/18, 09/13/18 and 12/11/18:

  • Need Final Inventory and Appraisal.

Account Review Hearing continued from 12/21/17, 01/12/18, 09/13/18 and 12/11/18:

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

Appearance by counsel mandatory.

 

2201244 ESTATE OF JOHN GIANAKOPOULOS  

Account Review Hearing continued from 12/07/18.

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

  • Figures and calculations relating to sale of real property incorrect.
  • Need revised Order once defects cured.

Recommend continuance to 03/27/19 to allow time to cure defects.

Appearance by counsel not required.

 

2201245 ESTATE OF LORRAINE GEHEGAN

Account Review Hearing continued from 12/06/18:

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel mandatory.

 

2201248 ESTATE OF JESSE LARA RUIZ

Account Review Hearing continued from 12/07/18.

Recommend confirm 03/28/19 hearing on First and Final Accounting and Petition for Final Distribution.

Appearance by counsel not required.

 

2201283 MATTER OF THOMAS LEON TROMBETTA 2005 TRUST
Notice of Motion and Motion to Be Relieved as Counsel.

Submitted to Judge for determination. 

 

2201311 ESTATE OF GWENDOLYN REYNOLDS

Related Case No. PR19000039.

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/09/19.

Confirm 03/15/19 hearing on Petition for Suspension of Powers and Removal of Charles Denver Reynolds, II, Administrator of the Estate.

Appearance by counsel not required.

 

2201383 ESTATE OF HELEN COOPERIDER

Account Review Hearing,

Recommend continuance to 04/03/19 as requested to allow time for Petition for Final Distribution on Waiver of Account to be completed and set for hearing.

Appearance by counsel not required.

 

2201384 ESTATE OF ZELDA MARIA BORTON

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

  • Need itemization of all costs of administration including those not paid pursuant to Waiver of Fees (reimbursement is required now that distribution of assets is be made).
  • Need Receipts for preliminary distributions.
  • Closing statement for sale of real property shows a sales price of $165,000 instead of $110,000 and show no proceeds to seller.  Need explanation.

Recommend continuance to 03/27/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000013 ESTATE OF RICK HECKEL

Inventory Review Hearing.

Order for Final Distribution on file.

Recommend Discharge Review Hearing 09/17/19.

Appearance by counsel not required.

 

PR19000039 ESTATE OF GWENDOLYN REYNOLDS
Related Case No. 2201311.

Petition for Conveyance or Transfer of Estate Property; Conversion; Elder Abuse – Financial; Elder Abuse – Neglect; Breach of Fiduciary Duty; Undue influence; Trespass to Real Property.

Recommend continuance to 03/15/19 to coincide with hearing on Petition for Suspension of Powers and Removal of Charles Denver Reynolds, II, Administrator of the Estate in Related Case No. 2201311.

Appearance by counsel not required.

 

PR19000066 ESTATE OF ANDERSON F. WIMMER

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 08/27/19.

Court will sign submitted order, appearance not required.

 

THURSDAY, FEBRUARY 28, 2019

 

Department 22 

8:30 a.m.

 

444876 ESTATE OF ABRHAM LOPEZ VAZQUEZ 

Account Review Hearing continued from 06/13/18, 08/15/18 and 10/28/18: 

  • Need Petition for Final Distribution. 

Appearance by counsel mandatory.

 

445167 MATTER OF RAYMOND GERALD COCHRAN TRUST  

Account Review Hearing. 

Recommend confirm 04/10/19 hearing on Third Account and Report of Trustee. 

Appearance by counsel not required.

 

2200791 ESTATE OF KENNETH WESTERINK 

PrC§12200 Status Report of Administration continued from 07/12/18, 09/12/18, 10/31/18 and 11/30/19: 

No documents filed since prior hearings.  Prior notes remain: 

  • Need Notice of Hearing pursuant to PrC§12201. 

Appearance by personal representative (pro per) mandatory.

 

2201045 ESTATE OF BILLY GLENN COMBS 

Account Review Hearing continued from 11/28/19. 

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

Court file review not yet complete.  Please recheck website.

 

2201047 ESTATE OF JOSEPH M. MARSHALL 

Account Review Hearing continued from 08/16/18, 08/30/18 and 11/28/18: 

  • Motion to be relived granted on 11/28/18, order signed in court and given to Joyce Gandelman. Order not filed and Notice not given to Elizabeth Marshall. 

Appearance by counsel mandatory.

 

2201107 MATTER OF OLIVER W. BENBOW TESTAMENTARY TRUST 

Status Review Hearing continued from 12/06/17, 03/09/18, 07/05/18 and 10/04/18: 

  • Need status re settlement. 

Appearance by counsel mandatory.

 

2201119 ESTATE OF JOHN YNIGUEZ GARCIA 

Account Review Hearing continued from 11/29/18. 

PrC§12200 Status Report of Administration. 

Recommend continuance to 03/28/19 to allow time to give proper notice pursuant to PrC§12201. 

Appearance by counsel not required.

 

2201198 ESTATE OF LOLA ROSE HERRERA-TORREGROZA 

Account Review Hearing continued from 11/29/18. 

No documents filed since prior hearing.  Prior notes remain:  

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

Appearance by counsel mandatory.

 

2201228 ESTATE OF AUGUSTINA SALAZAR 

Account Review Hearing continued from 11/30/18: 

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

Appearance by counsel mandatory.

 

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, 03/21/18, 06/21/18, 08/23/18 and 11/29/18:  

  • Need status re settlement. 

Appearance by counsel mandatory.

 

2201258 ESTATE OF HILMA AMALIA GOODEN 

Account Review Hearing continued from 12/04/18: 

Recommend further continuance to 03/28/19 to allow time for Petition for Final Distribution to be completed, filed, and set for hearing. 

Appearance by counsel not required.

 

2201290 ESTATE OF NATALIE DOEHNE 

Account Review Hearing continued from 01/09/19.

PrC§12200 Status Report of Administration: 

Recommend continuance to 03/28/19 to allow time to give proper Notice of Hearing pursuant to PrC§12201. 

Appearance by counsel not required.

 

PR18000215 ESTATE OF MARIA TORRES 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 08/28/19. 

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 continued from 08/16/18.

  • Need status re mediation.

Appearance by counsel mandatory.

 

PR18000239 ESTATE OF ROBIN JEAN MCCOY 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 09/18/19. 

Appearance by counsel not required.

 

PR18000275 ESTATE OF JAMES LUIS CLURE 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 08/29/19. 

Appearance by counsel not required.

 

PR18000291 ESTATE OF CYNTHIA D. PALOMINO 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 08/28/19. 

Appearance by counsel not required.

 

PR18000301 ESTATE OF MARIA C. PINHEIRO 

Inventory Review Hearing.

Final Inventory and Appraisal on file. 

Recommend confirm 03/22/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by personal representative (pro per) not required.

 

PR18000320 ESTATE OF JAMES RUSSELL GRAVES 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 09/10/19. 

Appearance by personal representative (pro per) not required.

 

PR18000336 ESTATE OF ANGELA ORTEGA 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 09/17/19. 

Appearance by counsel not required.

 

PR18000459 MATTER OF LUISA MARQUES PIMENTAL REVOCABLE TRUST 

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:

  • Need status re personal service to claimants. 

Appearance by counsel mandatory.

 

PR18000494 ESTATE OF SARA F. KWONG 

Petition for Probate of Will and for Letters Testamentary continued from 10/17/18 and 11/30/18. 

No documents filed since prior hearing.  Prior notes remain: 

  • Need Proof of Subscribing Witness for both Will and Codicil as not self-proving. 
  • Need original Will and Codicil. 
  • Item 1b of petition omitted and item 1a inappropriately marked. 
  • Item 8 of petition omits petitioner’s relationship.  
  • Need “Family Tree”. 
  • Need Order. 
  • Need Letters with original signature. 

Appearance by counsel mandatory.

Last updated: February 22, 2019 3:49 PM