January 22, 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, JANUARY 21, 2019

Court Holiday - Martin Luther King, Jr. Day

 

TUESDAY, JANUARY 22, 2019

 

Department 22

8:30 a.m.

 

2201357 ESTATE OF MANUEL F. ROSA

Petition to Terminate Proceedings and to Discharge Executor Without Administration recommended for approval.

Recommend vacate 02/07/19 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

2201412 ESTATE OF BEVERLY JEAN TULL

Petition for Final Distribution on Waiver of Account:

  • Need copy of closing statement for sale of real property.
  • Need proper calculations for fee base when calculating statutory fees.
  • Need itemized Request for extraordinary fees.
  • Need Waiver of Accounting with notarized signature of petitioner.
  • Need Itemized Costs of Administration signed by petitioner under penalty of perjury. 
  • Need Notice of Hearing.
  • Need Order.

Recommend continuance to 03/05/19 to allow time to give proper notice.

Appearance by counsel not required.

 

2201468 ESTATE OF CAROLYN STANION

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

Recommend Discharge Review Hearing 08/22/19.

Court will sign submitted order, appearance not required.

 

PR18000317 ESTATE OF EUGENE ELIVS LEWIS

Related Case No. PR18000446.

Settlement Conference.

Appearances mandatory.

 

PR18000446 ESTATE OF EUGENE E. LEWIS 

Related Case No. PR18000317.

Settlement Conference.

Appearances mandatory.

 

PR18000680 MATTER OF LARRY AND GAIL LEACH REVOCABLE TRUST 

Petition for Order Confirming Trust Assets.

  • Need Notice of Hearing pursuant to PrC§851(c).
  • Need Order.

Recommend continuance to 03/05/19 to allow time to give proper notice.

Appearance by counsel not required.

 

PR18000713 MATTER OF RODRIGO FLORES

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000726 ESTATE OF MARY REINEKING

Petition for Letters of Administration::

  • Petitioner information omits “In Pro Per” next to Attorney for (name):
  • Caption omits Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 2b(1) of petition inappropriately marked as no Will (intestate).
  • Item 2b(3) of petition omitted.
  • Item 3c of petition omits county.
  • Item 3e(2) of petition inappropriately marked as no Will (intestate).
  • Item 3e(3) of petition omitted and no Waivers of Bond by Heirs attached as Attachment 3e(3). 
  • Item 3g(2)(a) of petition omitted.
  • Item 3h(1) and (3) of petition omitted..
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 8 of petition does not include all relationships.
  • Need Duties and Liabilities of Personal Representative.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order for Probate.
  • Need Letters of Administration.

Recommend continuance to 03/05/19 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR18000784 ESTATE OF GUY TRUJILLO

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 07/23/19.

Court will sign submitted order, appearance not required.

 

WEDNESDAY, JANUARY 23, 2019

 

Department 22

8:30 a.m.

 

41837 MATTER OF WILLIAM DENNIS FAHEY TRUST

Account Review Hearing.

  • Need Thirty-Ninth Account and Report of Co-Trustees.

Appearance by counsel mandatory.

 

336454 MATTER OF MICHELLE HOWARD 2003 SPECIAL NEEDS T RUST

Fourth Report and Account of Trustee; Petition for Allowance of Attorney’s Fees and Costs; Petition for Bond Reduction:

  • Need itemization of request for attorney’s fees.
  • Need proof of notice to California Department of Health Care Services, California Department of Mental Health, aka Department of State Hospitals, and California Department of Developmental Services.

Recommend continuance to 03/06/19 to allow time to cure defects.

Appearance by counsel not required.

 

2201305 ESTATE OF JANICE BUCKINGHAM 

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

Recommend Discharge Review Hearing 08/23/19.

Court will sign submitted order, appearance not required.

 

2201331 ESTATE OF JERRY LEE WALLER

Account Review Hearing.

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

Recommend Discharge Review Hearing 08/23/19.

Court will sign submitted order, appearance not required.

 

PR18000525 ESTATE OF MARGIE MARTINEZ

Petition for Letters of Administration continued from 10/24/18 and 11/27/18:

No documents filed since prior hearing.  Prior notes remain:

  • Item 8 of petition does not list all relationships.
  • Item 4 of Waivers of Bond by Heir omits name of personal representative.
  • Need Duties and Liabilities of Personal Representative.
  • Need Notice of Petition to Administer Estate.
  • Need Letters with original signatures.

Appearance by petitioner (pro per) mandatory.

 

PR18000591 MATTER OF THE 1998 DELFINA J. PEDOTA TRUST

Petition for Order Determining Trust’s Title to Real Property continued from 12/14/18:

  • Need Notice of Hearing given pursuant to PrC§851(c).
  • Need Order.

Recommend further continuance to 02/14/18 to allow time to give proper notice.

Appearance by counsel not required.

 

PR18000617 ESTATE OF ANDREW D. CASTANEDA

Petition for Probate of Will and for Letters Testamentary continued from 12/12/18 recommended for approval.

Recommend Inventory Review Hearing 07/23/19.

Court will sign submitted order, appearance not required.

 

PR18000723 MATTER OF MARGERY JEAN GONSALES

Petition to Determine Succession to Real Property:

  • Assignments of Interest signatures need notarization.

Recommend continuance to 02/06/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000731 ESTATE OF FLORENCE NIGTINGALE MADOLE HOFFMANN

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

Recommend Inventory Review Hearing 07/23/19.

Court will sign submitted order, appearance not required.

 

PR18000741 ESTATE OF KENNETH JACK HOWE

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

Recommend Inventory Review Hearing 07/23/19.

Court will sign submitted order, appearance not required.

 

PR18000757 ESTATE OF WILLIAM ARTHUR KARLOTSKI

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

Recommend Inventory Review Hearing 07/23/19.

Court will sign submitted order, appearance not required.

 

PR18000845 ESTATE OF GWENDOLYN REYNOLDS 

Related Case No. 221311.

Petition to Determine Title to and Require Transfer of Real Property and Personal Property to Shawn Reynolds.

  • Need Notice of Hearing pursuant to PrC§851(c).

Recommend continuance to 03/06/19 to allow time to give Notice of Hearing pursuant to PrC§851(c).

Appearance by counsel not required.

 

THURSDAY, JANUARY 24, 2019

 

Department 22

8:30 a.m.

 

427103 MATTER OF ALONZO MARQUEZ SPECIAL NEEDS TRUST

Petition for Approval of Fifth Accounting Report of Trustee continued from 08/01/1, 10/19/17, 12/20/17, 02/07/18, 05/31/18 and 10/31/18:

  • Need Amended Petition for Approval of Fifth Accounting Report of Trustee.
  • Need Notice of Hearing.
  • Need Order.

Appearance by counsel mandatory.

 

439928 MATTER OF WADE J. MEIER SPECIAL NEEDS TRUST

Account Review Hearing:

  • Need Fifth Account and Report of Trustee.

Appearance by counsel mandatory.

 

2200133 MATTER OF SCHULTER FAMILY TRUST

Status Review Hearing:

  • Need status re Petition for Return of Property to Trust and for Possession, etc., continued from 03/2/23/18, 06/27/18, 08/30/18 and 10/31/18.

Appearance by counsel mandatory.

 

2200548 ESTATE OF ALAN SOUKHAMTHATH
Amended First and Final Account and Report and Petition for Final Distribution:

  • No accounting set forth on Exhibit “A”.
  • Need initial filing fee of $435.00 paid. 

Recommend continuance to 03/06/19 to allow time to cure defects.

Appearance by counsel not required.

 

2200559 ESTATE OF HENRY KENNEDY

Discharge Review Hearing continued from 05/15/18, 06/27/18, 09/19/18 and 10/31/18.

No documents filed since prior hearing.  Prior notes remain:

  • Need Order Settling Petition for Final Distribution on Waiver of Account.
  • Recommend matter be dismissed.

Appearance by personal representative (pro per) mandatory.

 

2200565 ESTATE OF MARIA LOPEZ SANDOVAL

Account Review Hearing continued from 07/13/18 and 09/21/18:

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

Appearance by counsel mandatory.

 

2200802 ESTATE OF NORMAN M. REYNOLDS SR.

First and Final Account and Report and Petition for Final Distribution continued from 06/15/18, 08/10/18 and 10/31/18.

No documents filed since prior hearings.  Prior notes remain:

  • Page 2, line 2, of petition gives incorrect date of death.
  • Need Corrected Final Inventory and Appraisal including all assets as of date of death (unclaimed fund, annuity, real property, and personal property items).
  • Page 3, line 6, of petition gives $98,711.36 as annuity amount as of date of death, and $850.00 for sale of personal property which has not been valued by the probate referee.
  • Page 6, line 10, of petition gives $99,304.69 as annuity amount.
  • Need supporting documentation for co-administer travel expenses.
  • Need language re withhold exceeding $1,500.00 pursuant to LR8.68.
  • Need itemization of costs of administration (including date, payee, payor, explanation and charge).
  • Exhibit D does not include Declaration in Support of Attorney’s Compensation.
  • Exhibit D not included as Settlement and Release Agreement behind Exhibit “E”.
  • Exhibit E does not include agreed upon rental estimation.
  • Exhibit F does not include Agreement and Release.
  • Need Notice of Hearing.
  • Need Order.

Appearance by counsel mandatory.

 

2200854 ESTATE OF HARRIET ANN VALVERDE  

PrC§12200 Report as to Status of Estate.

Recommend continuance to 07/24/19 as requested by attorney to allow time for real property to be sold.

Appearance by counsel not required.

 

2201170 ESTATE OF SANTOS PEREZ JR.

Status Review Hearing.

  • Need status re settlement agreement.

Appearance by counsel mandatory.

 

2201306 ESTATE OF JEANNIE R. ACKEN

Account Review Hearing continued from 07/13/18 and 09/21/18:

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

Appearance by counsel mandatory.

 

2201447 ESTATE OF JEFFERY ALLEN SMITH

Inventory Review Hearing continued from 10/18/19.

  • Letters issued 06/04/18.  Inventory and Appraisal due 10/04/18.
  • Need Final Inventory and Appraisal.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

PR18000108 MATTER OF LENA O. McDONOUGH LIVING TRUST

Status Review Hearing.

  • Need status re settlement.

Petition for Removal of Successor Trustee; to Suspend Powers of Successor Trustee and to Remove Successor Trustee, etc., continued from 07/13/18 and 09/21/18:

  • Response on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR18000226 MATTER OF CRUM FAMILY LIVING TRUST 

Petition to Compel Trustee to Account continued from 08/17/18, 09/19/18 and 10/31/18:

  • Need status re settlement.

Appearance by counsel mandatory.

 

PR18000411 ESTATE OF JEFFERY LONDON COKER

Petition for Probate of Will and for Letters Testamentary continued from 09/19/18 filed by attorney, Benjamin Rowe on behalf of Harriet L. Foster, decedent’s sister and nominated executor:

  • Objection filed by attorney Thomas Bonte on behalf of decedent’s surviving spouse.

Stipulation on file agreeing to Special Letters.

  • Need Petition for Special Letters.

Appearance by counsel mandatory.

 

PR18000547 ESTATE OF GEORGE PHILIP VOGEL

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

Recommend Inventory Review Hearing 07/24/19.

Court will sign submitted order, appearance not required.

 

PR18000712 MATTER OF JIMENEZ REVOCABLE TRUST

Petition to Authorize and Instruct Trustees filed by attorney Ronald W. Hillberg.

  • Objection filed by attorney Alexandra R. Poletti.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

PR18000759 ESTATE OF JEFFREY S. DAVIS 

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 07/24/19.

Court will sign submitted order, appearance not required.

 

PR18000788 ESTATE OF JESSE LOPEZ NICASIO

Petition for Probate of Will and for Letters Testamentary:

  • Need Notice of Petition to Administer Estate.

Recommend continuance to 02/07/19 to allow time to cure defect.

Appearance by counsel not required.

 

PR18000815 MATTER OF MARIETTA SMITH

Petition to Determine Succession to Real Property:

  • Item 11 of petition incorrectly marks box for personal property.
  • Item 15 of petition omits address.
  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.
  • Need copy of document terminating Joint Tenancy.
  • Need Order with signature on page 1, not last attachment.

Recommend continuance to 02/07/19 to allow time to cure defects.

Appearance by counsel not required.

 

Department 24 

8:30 a.m.

  

444451 MATTER OF TRUST ESTATE OF ELAINE LONG 

Status Conference continued from 11/08/18: 

  • Re:  Trial Setting and Status of Attorney Retention by Ms. Halbert. 

Appearance mandatory.

 

FRIDAY, JANUARY 25, 2019

 

Department 22 

8:30 a.m.

 

2200710 ESTATE OF MARCELLA ELIZABETH LAFFIN 

Account Review Hearing. 

Recommend confirm 02/01/19 hearing on Petition for Final Distribution on Waiver of Account. 

Appearance by counsel not required.

 

2201063 ESTATE OF DONNA KAY PARKS 

Account Review Hearing continued from 11/01/18. 

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

  • Need copy of closing statement for sale of real property. 
  • Statutory fee base does not include loss. 
  • Need explanation re cash distribution to personal representative as beneficiary.  Order Approving Petition for Purchase of Real Property of the Estate by Administrator filed 06/19/19 says that personal representative will waive any other cash distribution from the estate as beneficiary. 

Recommend continuance to 02/08/19 to allow time to cure defects. 

Appearance by counsel not required.

 

2200819 ESTATE OF VEDA M. BULLINGER 

Petition for Final Distribution on Waiver of Account continued from 12/21/18: 

Amended Petition for Final Distribution on Waiver of Account: 

  • No exhibits attached to petition. 

Recommend continuance to 02/08/19 to allow time to cure defects. 

Appearance by counsel not required.

 

2200857 ESTATE OF BERNICE D. ECKERSLEY 

First and Final Account and Report and Petition for Final Distribution continued from 12/21/18: 

  • Need language re withhold pursuant to LR 8.68. 
  • Accounting not in proper format. 
  • Need copy of closing statement for sale of real property. 
  • Need supporting documents for requests to reimburse petitioners. 
  • Need Notice of Hearing.

Appearance by counsel mandatory.

 

2201087 ESTATE OF ZONIA BERNICE GAYLOR 

PrC§12200 Status Report of Administration. 

Recommend continuance to 05/01/19 to allow time to complete and file First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

201335 ESTATE OF JOHN MATTOS 

Account Review Hearing. 

Recommend confirm 02/22/19 hearing on Petition for Final Distribution on Waiver of Account. 

Appearance by counsel not required.

 

PR18000566 ESTATE OF MARIA CECILIA LAWRENCE 

Related Case No. PR18000217 and Case No. PR18000666. 

Petition for Letters of Administration continued from 11/27/18: 

  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 
  • Need Order.

Appearance by counsel mandatory.

 

PR18000725 MATTER OF ANTONIO LIONUDAKIS LIVING TRUST 

  • Petition to Confirm Trust; Real & Personal Property to Trust: 
  • Need Points and Authorities in support of petition. 
  • Need Notice of Hearing pursuant to PrC§851(c). 

Recommend continuance to 03/01/19 to allow time to cure defect and give proper notice.

Apppearance by counsel not required.

 

PR18000771 ESTATE OF LYNN P. LOPSHIRE 

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

Recommend Inventory Review Hearing 07/25/19. 

Court will sign submitted order, appearance not required.

 

PR18000828 MATTER OF ROBERT CHARLES LEITZKE 

Petition to Determine Succession to Real Property: 

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

Recommend continuance to 02/08/19 to allow time to cure defects. 

Appearance by counsel not required.

 

Department 24

8:30 a.m.

 

PR18000783 ESTATE OF LILLIAN RHODA STICE 

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

Recommend Inventory Review Hearing 07/25/19. 

Court will sign submitted order, appearance not required.

 

PR18000785 ESTATE OF KEVIN A. MONZON 

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 07/25/19. 

Court will sign submitted order, appearance not required. 

 

MONDAY, JANUARY 28, 2019 

No probate matters scheduled.

Last updated: January 18, 2019 3:32 PM