December 8, 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. 

THURSDAY, DECEMBER 5, 2019

 

Department 22

8:30 a.m.

 

2200103 ESTATE OF ROBERT M. PICCININI

Account Review Hearing:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200559 ESTATE OF HENRY KENNEDY

Discharge Review Hearing vacated.

 

2201170 ESTATE OF SANTOS PEREZ JR.

Status Review Hearing.

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

Recommend Discharge Review Hearing 07/07/20.

Court will sign submitted order, appearance not required..

 

2201443 ESTATE OF REONNE REASOR

Account Review Hearing:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2201451 ESTATE OF MARY JEAN SIMAO

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

Recommend Discharge Review Hearing 07/07/20.

Recommend vacate 12/11/19 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

2201479 ESTATE OF MICHAEL HAROLD WATSON

PrC§12200 Status Report of Administration continued from 08/23/19 and 10/10/19.

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

Court file review not yet complete.  Please recheck website.

 

PR18999179 ESTATE OF LORRAINE WARREN JOHNSON

Account Review Hearing continued from 08/09/19 and 10/17/19.

PrC§12200 Status Report of Administration continued from 10/17/19.

Recommend confirm 01/08/20 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

PR18000207 ESTATE OF ISAAC SAMUEL GABRIEL

Petition for Final Distribution on Waiver of Account continued from 08/29/19 and 10/10/19:

  • Need Notice of Hearing.
  • Need Order showing specific distribution to each beneficiary.

Recommend continuance to 01/08/20 to allow time to cure defects.

Appearance by personal representative (pro per) not required.

 

PR18000219 ESTATE OF DONNA M. MYERS

Account Review Hearing continued from 08/21/19 and 10/17/19.

PrC§12200 Status Report of Administration:

Recommend continuance to 02/25/20 to allow time to remove lien and sell real property.

Appearance by counsel not required.

 

PR1800375 ESTATE OF CARMEN GOMEZ

Order to Show Cause for failure to appear.

  • Re:  Sanctions in amount of $300.00.

First and Final Account and Report and Petition for Final Distribution continued from 08/16/19.

No documents filed since prior hearings.  Prior notes remain:

  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.
  • Need language re notice to Director of Victim Compensation Board.
  • Need language re notice to Franchise Tax Board.
  • Item 9 of petition gives incorrect value for Inventory and Appraisal.
  • No actual accounting on file.
  • Need list of all assets set forth on Inventory and Appraisal totaling $300,000.00 including real property description and APN.
  • Need itemization of costs of administration.
  • Need calculation of statutory fee whether waive or not.
  • Item 29 of petition appears inappropriate as the petitioner is in pro per.
  • Need language re Request for Special Notice.
  • Schedule A does not include all assets set forth on Inventory and Appraisal totaling $300,000.00 including real property description and APN.
  • Schedule B appears inappropriate and does not give the same value as set forth on the Inventory and Appraisal.
  • Need Notice of Hearing.
  • Need revised Order.

Appearance by personal representative (pro per) mandatory.

 

PR1800520 ESTATE OF MARIA CARMEN RUIZ VDA DE TELLEZ

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.

 

PR19000806 ESTATE OF CHRISTEN A. HANSON

Petition for Letters of Administration continued from 09/12/19 and 10/17/19.

No documents filed since prior hearings.  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.

 

PR19000836 MATTER OF DOROTHY L. KLEES TRUST

Petition for Order Confirming Property Owned by Trust continued from 10/11/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000871 ESTATE OF JAMES KRAUSE

Petition for Letters of Administration continued from 10/11/19 recommended for approval.

Recommend Inventory Review Hearing 06/04/20.

Court will sign submitted order, appearance not required.

 

PR19000874 ESTATE OF STEVEN D. THREET

Petition for Letters of Administration continued from 10/11/19.

Recommend confirm 01/03/20 hearing on Amended Petition for Letters of Administration.

Appearance by petitioner (pro per) not required.

 

PR19000883 ESTATE OF LUPE A. OCHOA

Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 10/16/19:

  • 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. 

 

PR19000884 ESTATE OF ELIZABETH CALL ENGER

Petition for Letters of Administration continued from 10/17/19.

No documents filed since prior hearing.  Prior notes remain:

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

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000888 ESTATE OF PONA ROSE

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

Recommend Inventory Review Hearing 06/11/20.

Court will sign submitted order, appearance not required.

 

PR19000890 ESTATE OF JACK B. DALY

Petition for Probate of Will and for Letters Testamentary continued from 10/17/19 recommended for approval.

Recommend Inventory Review Heairng 06/11/20.

Court will sign submitted order, appearance not required..

 

PR19001014 ESTATE OF NANCY A. FORMELLA

Petition for Probate of Lost Will and for Letters Testamentary continued from 11/21/19 recommended for approval.

Recommend Inventory Review Hearing 06/11/20.

Court will sign submitted order, appearance not required.

 

PR19001047 MATTER OF RUTH D. CHESNEY REVOCABLE TRUST

Petition for an Order to Confirm Validity of Trust, Confirm Trustee, and Confirm Assets to Trust.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19001058 ESTATE OF VICTORIA V. CARRILLO

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

Recommend Inventory Review Hearing 06/11/20.

Court will sign submitted order, appearance not required.

 

FRIDAY, DECEMBER 6 2019

 

Department 22

8:30 a.m.

 

430620 MATTER OF EVAN M. AULDRIDGE

Petition to Modify Irrevocable Trust.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

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

First and Final Account and Report and Petition for Final Distribution continued from 06/28/19, 08/23/19 and 10/18/19.

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.

Recommend continuance to 05/08/20 to allow time for residence to be sold.

Appearance by counsel not required.

 

2201356 ESTATE OF VELMA L. DECKARD

Discharge Review Hearing.

Recommend continuance to 05/08/20 to allow time to file final tax returns.

Appearance by counsel not required.

 

2201372 ESTATE OF REBECCCA WILKINSON

Discharge Review Hearing continued from 09/06/19:

  • Need Receipts on Distribution of balance of cash on hand.
  • Need Ex Parte Petition for Order and Discharge submitted to Judge for signature.

Appearance by counsel mandatory.

 

2201462 ESTATE OF JOHN R. SWANSON

Account Review Hearing continued from 07/26/19, 08/30/19 and 10/18/19:

  • 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 continued from 10/18/19.

Order Re: Petition to Determine Distribution Rights signed and filed 10/22/19.

Appearance by counsel mandatory.

 

2201510 ESTATE OF DEAN J. WAECHTER

Related Case No. PR18000423.

Inventory Review Hearing continued from 08/06/19, 08/30/19 and 10/18/19:

Final Inventory and Appraisal on file.

PrC§12200 Status Report of Administration continued from 08/30/19 and 10/18/19:

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 and 10/18/19 recommended for approval.

Recommend Discharge Review Hearing 07/07/20.

Court will sign submitted order, appearance not required.

 

PR19000174 ESTATE OF STAN Z. SHIMABUKU

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

  • Caption inadequate as does not state that final distribution is to trust.
  • Need Waiver of Accounting from personal representative who is also trustee of trust.
  • Need copy of Declination of first appointed trustee.
  • Need list of assets on hand for distribution.
  • Need revised Order including revised caption and list of assets on hand for distribution.

Recommend continuance to 01/10/20 to allow time 

Appearance by counsel not required.

 

PR19000352 ESTATE OF HENRY NOEL JR.

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

Recommend Discharge Review Hearing 07/09/20.

Court will sign submitted order, appearance not required.

 

PR19000910 ESTATE OF JOSE S. JUAREZ

Petition for Letters of Administration continued from 10/18/19 recommended for approval.

Recommend Inventory Review Hearing 06/09/20.

Court will sign submitted order, appearance not required.

 

PR19000915 MATTER OF SMITH FAMILY TRUST

Petition for Order Confirming Trust Asset continued from 11/18/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000944 ESTATE OF JOSEPH YONAN

Petition for Probate of Will and for Letters Testamentary continued from 10/25/19 recommended for approval.

Recommend Inventory Review Hearing 06/09/20.

Court will sign submitted order, appearance not required.

 

PR19001070 MATTER OF GERALD L. BREWER

Petition to Compel Third Party to Honor Authority of Attorney-in-Fact and for Attorney Fees and Costs:

Need Notice of Hearing.

Need itemization of attorney’s fees and costs.

Need Order.

Recommend continuance to 01/23/20 pursuant to Joint Stipulation to allow time to cure defects.

Appearance by counsel not required.

 

PR19001077 ESTATE OF JEAN CHARLOTTE OGLE

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 06/09/20.

Court will sign submitted order, appearance not required.

 

PR19001092 ESTATE OF HELEN A. PEARSON

Petition for Letters of Administration:

  • Caption of petition does not include Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 2c of petition omitted.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 01/10/20 to allow time 

Appearance by counsel not required.

Last updated: December 04, 2019 12:44 PM