November 17, 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.

FRIDAY, NOVEMBER 17, 2017

 

431527 MATTER OF THE MIRIAM W. MORSE FAMILY TRUST

Account Review Hearing continued from 10/10/17.

Recommend confirm 12/15/17 hearing on Fourth Account and Report of Trustee.

Appearance by counsel not required.

 

444876 ESTATE OF ABRAHAM LOPEZ VAZQUEZ

PrC§12200 Status Report of Status of Administration continued from 10/31/17:

  • Need Notice of Hearing pursuant to PrC§12201 giving at least 15-day notice.

Recommend further continuance to 12/18/17 to allow time to give proper notice.

Appearance by counsel mandatory.

 

2200780 ESTATE OF DANIEL GEORGE MAIN

First and Final Account and Report and Petition for Final Distribution continued from 09/22/17and 10/12/17 recommended for approval.

Recommend Discharge Review Hearing 06/19/18.

Recommend vacate 12/05/17 hearing.

Court will sign submitted order, appearance not required.

 

2200859 ESTATE OF KAREN SUE TAYLOR

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

Recommend Discharge Review Hearing 06/19/18.

Recommend vacate 02/06/18 hearing.

Court will sign submitted order, appearance not required.

 

2200896 ESTATE OF VALOIS S. HERRERA

Inventory Review Hearing continued from 09/28/17.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 04/03/18.

Appearance by counsel note required.

 

2201002 ESTATE OF OPAL OLIVE SOUZA

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

Recommend Discharge Review Hearing 06/19/18.

Recommend vacate 11/30/18 hearing.

Court will sign submitted order, appearance not required.

 

2201008 MATTER OF THE GLADYS AND ERNEST SETLIFF TRUSTS

Petition for Removal of Co-trustees, Appointment of Successor Co-Trustees, and to Compel Accounting continued from 07/31/17, 09/19/17 and 10/27/17.

  • Need status re settlement.

Appearance by counsel mandatory.

 

22001053 ESTATE OF EDWARD ARTHUR TANNER

Petition for Probate of Will and for Letters Testamentary filed by attorney Jeff L. Bean on behalf of Daniel Edward Tanner:

  • Need Proof of Subscribing Witness as Will not self-proving.

Objections filed by Kathleen Crist on behalf of Thomas Cope.

Competing Petition for Probate of Will and for Letters Testamentary filed by attorney Kathleen Crist on behalf of Thomas Cope and William Tanner:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 5a(7) or (8) of petition omitted.
  • Item 5b of petition marked.  Please provide declaration re legal barrier to adoption.
  • Need Duties and Liabilities of Personal Representative.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201056 ESTATE OF KATHLEEN ANN WASSON

Petition for Letters of Administration continued from 06/19/17, 08/17/17, 10/05/17 and 10/31/17 filed by attorney Rosalinda A. Ruppel.

Objection on file.

Competing Petition for Probate of Wil continued from 10/31/17 filed by attorney Simran Singh Hundal:

  • Need original Will.
  • Item 5a(7) or (8) of petition omitted.
  • Item 8 of petition does not list all persons named in Will.
  • Item 5 of Notice of Petition to Administer Estate omitted.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters.

Recommend further continuance to 01/25/18 to allow time to cure defects and to publish.

Appearance by counsel not required.

 

2201093 MATTER OF JOSEPH R. PICCINNI TRUST III

Status Review Hearing continued from 10/03/17.

  • Joinders to Petition for Instructions and Response to Objections on file.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201145 MATTER OF TRINA BARBER

Amended Petition to Determine Succession to Real Property:

  • Need confirmation that original Will lodged with court.
  • No Attachment 5 or 12a (copy of Will).
  • Item 15 does not include address.
  • Need copy of deed showing current title to real property.
  • Item 5(b) of Inventory and Appraisal omitted.
  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.
    Need Notice of Hearing.
  • Need proof of mailing to Department of Health Services.

Recommend continuance to 12/05/17 to allow time for defects to be cured.

Appearance by petitioner (pro per) not required.

 

2201182 MATTER OF WALTER J. POLZIN AND MOVANE KATHLEEN POLZIN TRUST

Petition for Order Appointing Co-Trustee and Designating Successor Trustee continued from 10/11/17:

  • Notice of Hearing defective as mailed c/o another party.  Notice inadequate per CRC7.51(2).  A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.  If the person to receive notice is represented by an attorney, notice should be mailed to the party and to his/her attorney per CRC7.51(b) and PC§1214. Notice to a minor must be sent directly to the minor.  A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides. (CRC7.51(d)).
  • Need Order.

Recommend further continuance to 12/01/17 as requested by attorney to allow time to cure defects.

Appearance by counsel not required.

 

2201213 MATTER OF MICHAEL GERDS SPECIAL NEEDS DISABILITY TRUST

Petition for Approval of the Michael Gerds Special Needs Disability Trust continued from 10/27/17.

Recommended for approval.

Recommend Account Review Hearing 03/28/19.

Court will sign submitted order, appearance not required.

 

2201237 ESTATE OF RUTH H. LUBERS

Petition for Probate of Will and for Letters Testamentary continued from 11/02/17:

  • Need Proof of Subscribing Witness as Will not self-proving.

Recommend further continuance to 12/08/17 to allow time to cure defect.

Appearance by counsel not required.

 

2201253 MATTER OF RONALD ZINNBAUER

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

MONDAY, NOVEMBER 20, 2017

No probate matters scheduled.

 

TUESDAY, NOVEMBER 21, 2017

No probate matters scheduled.

 

WEDNESDAY, NOVEMBER 22, 2017

No probate matters scheduled.

 

THURSDAY, NOVEMBER 23, 2017

Thanksiving Day Holiday.

 

FRIDAY, NOVEMBER 24, 2017

Thanksiving Day Holiday.

 

MONDAY, NOVEMBER 27, 2017

No probate matters scheduled.

Last updated: November 16, 2017 3:49 PM