October 14, 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.

FRIDAY, OCTOBER 11, 2019

 

Department 22

8:30 a.m.

 

445096 ESTATE OF MAURICE GENE SCHLEICHER 

Account Review Hearing continued from 07/26/17, 10/04/17 and 10/04/18. 

PrC§12200 Status of Administration: 

Recommend Account Review Hearing continued to 07/22/20 to allow time for litigation to be completed. 

Appearance by personal representative (pro per) not required.

 

PR18000492 ESTATE OF GLORIA FAYE HANNA BALLARD 

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.

 

PR18000836 ESTATE OF BILLIE HAROLD GRAHAM

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

  • Need to show proposed payment of creditor’s claim along with other proposed distributions.
  • Copying, faxes, mailings are part office overhead and not to be included in costs of administration.
  • Calculations for statutory fees should include both gain and loss, not combination of two.
  • Need explanation for sale of personal property.
  • Accounting should be totally in portrait format (not landscape).
  • Schedules for gains and losses need to show all calculations showing date of death value, sales price, gain or loss.
  • Property on hand needs to show various accounts and balances.
  • Personal out of pocked expenses show disbursements to lawyer in amount of $2,950.00.  Need explanation.
  • Need Notice of Hearing.
  • Need revised Order once defects are cured and without word “proposed”.

Recommend continuance to 11/15/19 to allow time to cure defects.

Recommend vacate 02/26/20 Account Review Hearing.

Appearance by counsel not required.

 

PR18000891 ESTATE OF PHYLLIS CAROL SPEARS 

Inventory Review Hearing. 

No documents filed since prior hearing.  Prior notes remain: 

  • Partial No. 1 Inventory and Appraisal on file. 
  • Need Property Tax Certificate form completed and filed as box in caption of Inventory and Appraisal not marked. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory.

 

PR19000163 MATTER OF RAYMOND Q. BLAKE AND RAMONA A. BLAKE TRUST 

Petition to Instruct Successor Trustee to Transfer Assets to the Successor Trustee of the Raymond Q. Blake and Ramona A. Blake Revocable Trust Dated 11/16/93 filed by attorney Lawrence C. Beaver on behalf of trustee (daughter) continued from 04/17/19, 06/13/19 and 08/15/19: 

  • Objection filed 04/15/19 by grandsons. 

Possible Long Cause Matter. 

Appearance by counsel and pro per mandatory.

 

PR19000229 ESTATE OF CORRINE MORRIS

Inventory Review Hearing.

Corrected Final Inventory and Appraisal on file.

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

  • Need distribution, including child support lien, etc., set out in detail and in actual dollars.
  • Need distribution to minor made to blocked account or under CUTMA.
  • Need revised Order.

Recommend continuance to 11/15/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000836 MATTER OF DOROTHY L. KLEES TRUST 

Petition for Order Confirming Property Owned by Trust: 

  • Need Schedule A (copy of trust). 
  • Need Schedule B (copy of pour-over will). 
  • Need copy of statement for bank account.
  • Need Notice of Hearing pursuant to PrC§851(c) as this is an PrC§850 petition. 

Recommend continuance to 11/26/19 to allow time to cure defects. 

Appearance by counsel not required.

 

PR19000869 MATTER OF DANNY L. HICKMAN 

Petition for Order Authorizing Proposed Transactions Involving Personal and Real Property and Order of Support (Probate Code 3101). 

Submitted to Judge for determination. 

Appearance by counsel mandatory.

 

PR19000871 ESTATE OF JAMES KRAUSE 

Petition for Letters of Administration: 

  • Caption of petition omits request for Authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 2b of petition omits name.
  • Item 3c of petition omits county. 
  • Item 8 of petition omits date of death for mother of decedent. 
  • Need Proof of Publication. 
  • Need Order. 

Recommend continuance to 11/26/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000874 ESTATE OF STEVEN D. THREET 

Petition for Letters of Administration: 

  • Caption of petition does not mark box Authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 1 of petition omits name of newspaper. 
  • Item 3c of petition omits county. 
  • Item 3g(2)(a) of petition omitted. 
  • Item 6b of petition omitted. 
  • Item 6e of petition inappropriately marked. 
  • Item 6f of petition inappropriately marked. 
  • Need copy of deed showing current title to real property. 
  • Need Duties and Liabilities of Personal Representative. 
  • Need Proof of Publication. 
  • Need Order. 
  • Need Letters with original signature. 

Recommend continuance to 11/26/19 to allow time to cure defects. 

Appearance by petitioner (pro per) not required.

 

MONDAY, OCTOBER 14, 2019 

Court Holiday – Columbus Day

 

TUESDAY, OCTOBER 15, 2019

 

Department 22

8:30 a.m.

 

2201093 MATTER OF JOSEPH R. PICCININI TRUST III 

Ex Parte Petion for Order Shortening Time on Motion to Compel Testimony of Deposition:

Settlement Conference. 

Appearances mandatory.

 

WEDNESDAY, OCTOBER 16, 2019

 

Department 22

8:30 a.m.

 

2200679 ESTATE OF CAROLYN LOUISE KENNEDY

Order to Show Cause for failure to appear.

Possible sanctions and dismissal.

Petition for Final Distribution on Waiver of Account continued from 03/21/19 and 04/18/19.

No documents filed since prior hearing.  Prior notes remain:

  • Page 2, line 13, gives incorrect expiration date for filing of creditor’s claims. 
  • Page 3, line 15, gives incorrect statement that real property is only asset of Inventory and Appraisal. 
  • Need language re family/affiliate relationship pursuant to PrC§1064(a)(4). 
  • Page 4, paragraph 15, need language re cash being held in interest bearing account pursuant to PrC§1064(a)(5). 
  • Page 4, paragraph 16, does not state that beneficiary waives an accounting. 
  • Need list of all assets on hand for distribution including cash and household furniture and furnishings.  If no longer an asset, please explain reason. 
  • Need copy of closing statement for sale of real property.  If real property sold, it is no longer an asset to be distributed and should not be included in the petition.  In addition, there should be cash on hand from the sale and is an asset of the estate and should be distributed. 
  • Need schedule of gain from sale of real property. 
  • Need Order. 

Appearance by personal representative (pro per) ordered by court.

 

2201201 ESTATE OF JENNIE GILMORE 

Discharge Review Hearing:

  • Need Receipts on Distribution. 
  • Need Ex Parte Petition for Final Discharge and Order (including recording information) submitted to Judge for signature. 

Appearance by personal representative (pro per) mandatory.

 

2201266 ESTATE OF MICHAEL STEVEN SCHMITT 

Amended First and Final Account and Report and Petition for Final Distribution continued from 08/14/19 and 09/11/19 recommended for approval. 

Recommend Discharge Review Hearing 05/15/20. 

Court will sign submitted order, appearance not required.

 

2201420 ESTATE OF JOHN ALLEN BARNES 

Account Review Hearing. 

PrC§12200 Status Report of Administration: 

  • Need Notice of Hearing pursuant to PrC§12201: 

Recommend continuance to 12/04/19 to allow time to give notice. 

Appearance by counsel not required.

 

PR18000481 ESTATE OF EMERY GLEN INGRAM JR. 

Account Review Hearing. 

Petition for Final Distribution on Waiver of Account. 

Court file review not yet complete.  Please recheck website.

 

PR18000511 ESTATE OF WALTER E. ESTEBAN 

Account Review Hearing.

First and Final Account and Report and Petition for Final Distribution continued from 08/30/19 recommended for approval. 

Recommend Discharge Review Hearing 05/15/20. 

Court will sign submitted order, appearance not required.

 

PR18000862 ESTATE OF HELEN M. RICHARDS 

Amended Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 08/28/19 recommended for approval.  

Recommend Inventory Review Hearing 04/22/20. 

Court will sign submitted order, appearance not required.

 

PR19000071 ESTATE OF BETTY IRENE YOUNG 

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

Recommend Discharge Review Hearing 05/15/20. 

Court will sign submitted order, appearance not required.

 

PR19000094 MATTER OF MARY FLORENCE BOURLAND LIVING TRUST 

Discharge Review Hearing. 

Recommend continuance to 05/15/20, as requested by attorney in Status Report on file,  to allow time for distribution and tax returns to be completed.. 

Appearance by counsel not required.

 

PR19000134 ESTATE OF JOAN A. CRUICKSHANK 

Inventory Review Hearing:

  • Letters issued 04/17/19.  Inventory and Appraisal due 08/17/19. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory.

 

PR19000162 ESTATE OF ROBERT VICTOR EMILING 

Inventory Review Hearing: 

  • Letters issued 04/16/19.  Inventory and Appraisal due 08/16/19. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory.

 

PR19000694 ESTATE OF MARGARET MAY KERR 

Petition for Letters of Administration continued from 08/28/19 recommended for approval. 

Recommend Inventory Review Hearing.04/22/20. 

Court will sign submitted order, appearance not required. 

 

PR19000707 ESTATE OF OLIVIA B. CRUZ 

Petition for Probate of Will and for Letters Testamentary continued from 08/27/19 recommended for approval. 

Recommend Inventory Review Hearing.04/22/20. 

Court will sign submitted order, appearance not required.

 

PR19000723 MATTER OF WILLIAM J. MELLO 

Petition for Order Authorizing Proposed Transactions Involving Real Property and Order of Support (PrC§3101) continued from 08/28/19.

Recommended for approval. 

Court will sign submitted order, appearance not required.

 

PR19000883 ESTATE OF LUPE A. OCHOA 

Petition for Probate of Lost Will and for Letters of Administration with Will Annexed: 

  • Need copy of Will. 
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication. 
  • Need Order.
  • Objection on file. 

Possible Long Cause Matter. 

Appearances by counsel mandatory.

 

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. 

No documents filed since prior hearings.  Prior notes remain the same: 

  • Need language re notice to Director of Health Care Services pursuant to PrC§9202(a). 
  • Need language re notice to Director of Victim Compensation Board pursuant to PrC§9202(b). 
  • Need language re notice to Franchise Tax Board pursuant to PrC§9202(c). 
  • Need calculation of statutory fees whether waived and/or fee agreement. 
  • Need language re family/affiliate relationship.
  • Need list of assets on hand for distribution. 
  • Need Order including assets on hand for distribution. 

Appearance by counsel mandatory.

 

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: 

  • Need Property Tax Certificate form completed and filed. 

Appearance by counsel mandatory.

 

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. 

Court file review not yet complete.  Please recheck website.

 

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, 02/28/19, 05/30/19 and 08/30/19: 

  • Need status re settlement agreement.

Appearances mandatory.

Law and Motion: 

Motion for Judgment on Pleadings. 

See Tentative Rulings

 

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. 

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 

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 04/21/20.

Court will sign submitted order, appearance not required.

Last updated: October 11, 2019 9:14 AM