July 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, JULY 22, 2019

 

Department 22

3:00 p.m.

 

2201079 MATTER OF THORNTON AND HELEN SNIDER TRUST

Settlement Conference continued from 05/20/19 and 06/17/19:

  • Re:  Petition to Confirm Validity of Trust and to Impose Trust filed 06/05/17, and Objection to Distribution of Undetermined Trust Assets filed 05/15/19.

Trustee, Kevin Berger, represented by attorney Lawrence C. Beaver (formerly by Ronald L. Hillberg).

Objector, Carol Blumenstein, pro per 

Appearances mandatory.

 

TUESDAY, JULY 23, 2019

 

Department 22

8:30 a.m.

 

41837 MATTER OF WILLIAM DENNIS FAHEY TRUST

Final Account and Report of Co-Trustees Under Will and Its Settlement continued from 04/05/19 and 05/23/19:

  • Need Receipts on Final Distribution.
  • Need itemization of attorneys’ fees and request for confirmation of payment.

Court file review not yet complete.  Please recheck website.

 

2200863 ESTATE OF ROBERT KAY GALBREATH

Discharge Review Hearing:

  • Need Receipts on Final Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Recommend continuance to 09/24/19 to allow time for recording to be completed.

Appearance by counsel not required.

 

PR18000617 ESTATE OF ANDREW DANIEL CASTANEDA SR.

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 01/23/20.

Appearance by counsel not required.

 

PR18000731 ESTATE OF FLORENCE NIGHTINGALE MADOLE HOFFMANN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/28/20.

Appearance by counsel not required.

 

PR18000741 ESTATE OF KENNETH JACK HOWE

Inventory Review Hearing.

  • Letters issued 01/28/19.  Inventory and Appraisal due 05/28/19.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory.

 

PR18000757 ESTATE OF WILLIAM ARTHUR KARLOTSKI

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/23/20.

Appearance by counsel not required.

 

PR18000784 ESTATE OF GUY TRUJILLO

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/23/20.

Appearance by counsel not required.

 

PR19000271 ESTATE OF MARIAN P. HERNADEZ

Petition for Probate and for Letters Testamentary continued from 05/21/19 recommended for approval.

Recommend Inventory Review Hearing 01/23/20.

Court will sign submitted order, appearance not required.

 

PR19000375 ESTATE OF DAN ALAN HICKS

Petition for Probate of Will and for Letters Testamentary continued from 05/23/19:

  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000543 MATTER OF JERRY EARL LANEY REVOCABLE LIVING TRUST

Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Asset to Trust:

  • Need copy of Pour-over Will and confirmation that Will lodged with court clerk.
  • Need Notice of Hearing pursuant to PrC§851(c).
  • Need revised Order which signature block on page 2.

Recommend continuance to 09/11/19 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, JULY 24, 2019

 

Department 22 

8:30 a.m.

 

444255 MATTER OF KODIAK RODDICK SPECIAL NEEDS TRUST 

Petition to Approve Fifth Account and Report of Trustee, to Confirm Trustee’s Fees, and to Approve Attorney’s fees. 

Court file review not yet complete.  Please recheck website.

 

444876 ESTATE OF ABRHAM LOPEZ VAZQUEZ 

Account Review Hearing continued from 06/13/18, 08/15/18, 10/28/18, 02/28/19, 03/28/19 and 05/31/19. 

First and Final Account and Report and Petition for Final Distribution continued from 05/31/19: 

  • Compensation base does not include losses.  Need recalculation of statutory fees for both administrator and attorney. 
  • Need recalculation of distribution. 
  • Need revised Order. 

Recommend continuance to 09/11/19 to allow time to cure defects.  

Appearance by counsel not required.

 

PR18000411 ESTATE OF JEFFERY LONDON COKER 

Petition for Probate of Will and for Letters Testamentary continued from 09/19/18, 01/24/19, 03/22/19 and 05/22/19 filed on behalf of Harriet L. Foster, decedent’s sister and appointed Special Administrator pursuant to stipulation and order between Benjamin Rowe and Thomas Bonte: 

  • Need status re administration of estate. 

Appearance by counsel mandatory.

 

PR18000547 ESTATE OF GEORGE PHILIP VOGEL 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal relating to item 5b. 

Recommend Account Review Hearing 02/04/20. 

Appearance by counsel not required.

 

PR18000728 ESTATE OF JOYCE BEST 

Petitioners, Michael Best Jr., Request for Petition for Removal of Janice Pritchett, Administrator in the Estate of Joyce E. Best; Declaration in Support of Petitioner for Removal and Verification: 

  • Need Notice of Hearing with proof of service to all parties. 

Recommend continuance to 09/11/19 to allow time to cure defects. 

Appearance by counsel and pro per not required.

 

PR18000759 ESTATE OF JEFFREY S. DAVIS 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 01/28/20. 

Appearance by counsel not required.

 

PR19000112 MATTER OF THE JULIAN LOPEZ FAMILY TURST 

Petition for Order Confirming Successor Co-Trustees and Trust Assets continued from 04/03/19 and 05/15/19. 

Recommended for approval. 

Court will sign submitted order, appearance not required.

 

PR19000242 MATTER OF SARHAD TRUST 

Petition to Remove Trustee, Compel Accounting, and Appoint Successor Trustee continued from 05/31/19: 

No documents filed since prior hearing.  Prior notes remain: 

  • Need copy of terms of trust.
  • Need copy of deed showing current title. 
  • Need Notice of Hearing (mandatory form DE-129). 

Appearance by counsel mandatory.

 

PR19000371 ESTATE OF MARGO SUZANNE BARELA 

Petition for Letters of Administration continued from 05/31/19. 

No documents filed since prior hearing.  Prior notes remain: 

  • Caption of petition omits Authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 2b(3) of petition omitted and item 2b(1) inappropriately marked as no Will attached. 
  • Item 2b(4) of petition inappropriately marked. 
  • Item 3a of petition not fully completed. 
  • Item 3c of petition omitted. 
  • Item 3e(3) of petition omitted. 
  • Item 3f(3) of petition inappropriately marked as no Will attached. 
  • Item 3g(1)(b) of petition inappropriately marked as no Will attached. 
  • Item 3g(2)(b) of petition – no Attachment 3g(2)(b).
  • Item 3g(3) of petition inappropriately marked. 
  • Item 3g(4) of petition inappropriately marked. 
  • Item 5a(5) or (6) of petition omitted. 
  • Item 5a(7) or (8) of petition omitted. 
  • Item 6 of petition inappropriately marked. 
  • Item 7 of petition inappropriately marked. 
  • Need explanation as to Notice of Hearing to Richard E. Yeager. 
  • Need Duties and Liabilities of Personal Representative. 
  • Need Proof of Publication. 
  • Need Order for Probate. 
  • Need Letters of Administration with original signature. 

Appearance by petitioner (pro per) mandatory.

 

THURSDAY, JULY 25, 2019

 

Department 22 

8:30 a.m.

 

2200351 ESTATE OF BETTY F. FLETCHER 

Discharge Review Hearing continued from 03/29/10 and 05/23/19: 

No documents filed since prior hearing.  Prior notes remain:

  • Need Receipts on Distribution on file. 
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature. 

Appearance by personal representative (pro per) mandatory.

 

2200605 MATTER OF DISPUTED CLAIM ABD SHAYLA FLORES SPECIAL NEEDS TRUST 

Final and Final Accounting and Report of Trustee and Petition for Termination of Special Needs Trust of Shayla Flores. 

Recommended for approval. 

Court will sign submitted order, appearance not required.

 

2200744 ESTATE OF WALTER G. DEARDORFF 

Account Review Hearing continued from 01/24/18, 08/21/18, 10/23/18, 1/31/19, 03/29/19 and 05/23/19. 

No documents filed since prior hearing.  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.

 

2201024 ESTATE OF KEVIN D. SILVA

Inventory Review Hearing continued from 06/26/18, 08/22/18, 11/01/18, 03/28/19 and 05/23/19. 

No documents filed since prior hearings.  Prior notes remain: 

  • Letters issued 06/26/17.  Inventory and Appraisal due 10/26/17. 
  • Need Final Inventory and Appraisal. 

Account Review Hearing continued from 06/26/18, 08/22/18, 11/01/18, 03/28/19 and 05/23/19. 

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.

 

2201047 ESTATE OF JOSEPH M. MARSHALL 

Account Review Hearing continued from 08/16/18, 08/30/18, 11/28/18, 02/28/19, 03/28/19 and 05/23/19. 

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 personal representative (pro per) mandatory.

 

2201260 ESTATE OF DONALD COLOMBUS SMITH 

PrC§12200 Status Report continued from 02/15/19, 03/15/19 and 05/31/19. 

Petition for Final Distribution on Waiver of Account continued from 05/31/19: 

  • Need Letters of Guardianship of the estate of Sammy Smith (Minor). 

Appearance by counsel mandatory.

 

2201326 ESTATE OF KIMBERLY A. KENNARD 

Account Review Hearing continued from 02/15/19, 03/29/19 and 05/23/19. 

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

Court file review not yet complete.  Please recheck website.

 

PR18000771 ESTATE OF LYNN B. LOPSHIRE 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Petition for Final Distribution on Waiver of Account. 

Court file review not yet complete.  Please recheck website.

 

PR18000454 ESTATE OF CARL BALLANTYNE 

  • Inventory Review Hearing continued from 03/28/19: 
  • Letters issued 09/28/18.  Inventory and Appraisal due 01/28/19. 
  • Need Inventory and Appraisal on file. 

Appearance by counsel mandatory.

 

PR19000562 MATTER OF JASON A. WHITE SPECIAL NEEDS TRUST 

Petition for Order Establishing Special Needs Trust; for Authority to Invest in Mutual Funds and U.S. Government Bonds with Maturity Dates Later than Five Years; and for Attorney Fees. 

Court file review not yet complete.  Please recheck website.

 

Department 24 

8:30 a.m.

 

PR18000783 ESTATE OF LILLIAN RHODA STICE 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

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

Recommend Account Review Hearing 01/28/20. 

Appearance by counsel not required.

 

PR18000785 ESTATE OF KEVIN A. MONZON 

Inventory Review Hearing. 

  • Letters issued 01/25/19.  Inventory and Appraisal due 05/25/19. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory. 

 

FRIDAY, JULY 26, 2019

 

Department 22 

8:30 a.m.

 

2200719 MATTER OF NANCY LA FOUNTAIN SPECIAL NEEDS TRUST
First Account and Report of Trustee continued from 05/15/18, 06/26/18, 08/28/18. 10/16/18, 01/08/19, 03/26/19 and 05/21/19. 

No documents filed since prior hearing.  Prior notes remain: 

  • Caption inadequate. 
  • Need explanation as to whether or not the petition is also terminating the trust since it appears that no funds are left. 
  • Need Summary of Account. 
  • How are attorney fees paid. 
  • Need Order. 

Appearance by counsel mandatory.

 

2200804 ESTATE OF JOSE MARIO RAMIREZ SR. 

First and Final Account and Report and Petition for Final Distribution continued from 05/17/19. 

  • No documents filed since prior hearing.  Prior notes remain:
    Real property should be distributed to beneficiaries or proceeds after sale (you do not distribution potential proceeds from sale of real property). 
  • Petition not in proper format and does not include all required information. 
  • Accounting not in proper format. 
  • Requests for reimbursement need supporting information. 
  • Need Order. 

Appearance by counsel mandatory.

 

2201342 ESTATE OF ALFRED JOSEPH SPECKENS III 

Related Case No. PR18000144.

PrC§12200 Status Report of Administration continued from 05/10/19. 

  • No documents filed since prior hearing.  Prior notes remain:
    Need proper Notice of Hearing pursuant to PrC§12201.
  • Objection on file. 

Appearance by counsel mandatory.

 

2201350 ESTATE OF DANIEL BARTL 

Account Review Hearing. 

Recommend confirm 09/05/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

2201447 ESTATE OF JEFFERY ALLEN SMITH 

Inventory Review Hearing continued from 10/18/19, 01/24/19, 03/22/19 and 05/17/19. 

No documents filed since prior hearings.  Prior notes remain: 

  • Letters issued 06/04/18.  Inventory and Appraisal due 10/04/18. 
  • Need Final 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.

 

2201462 ESTATE OF JOHN R. SWANSON

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.

 

PR18000773 ESTATE OF FLORENCE M. GARRETT

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 02/04/20. 

Appearance by counsel not required.

 

PR18000794 ESTATE OF REACH F. HORNE 

Inventory Review Hearing: 

  • Letters issued 04/09/19.  Inventory and Appraisal due 08/09/19. 
  • Need Final Inventory and Appraisal.

Recommend continuance to 09/10/19 to allow time to complete and file Inventory and Appraisal. 

Appearance by counsel not required.

 

PR18000805 ESTATE OF ANGELINE ROSE CARBONE 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend confirm 08/07/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

PR18000836 ESTATE OF BILLIE HAROLD GRAHAM 

Inventory Review Hearing: 

Final Inventory and Appraisal on file. 

Need Property Tax Certificate form completed and filed as box in caption of Inventory and Appraisal not marked as relating to item 5b. 

Recommend Account Review Hearing 02/26/20. 

Appearance by counsel not required.

 

PR18000805 ESTATE OF ANGELINE ROSE CARBONE 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 01/31/20. 

Appearance by counsel not required.

 

PR19000211 MATTER OF TYLER FAMILY 1999 TRUST 

Petition for Order (1) Compelling Kenneth A. Tyler, Trustee, to Account; (2) for Suspension and Removal of Trustee; and Complaint for Breach of Trust continued from 05/10/19: 

Response and Accounting on file.

Court file review not yet complete.  Please recheck website.

 

PR19000497 ESTATE OF ARVILLA MAXINE GRAY 

Petition for Probate of Will and for Letters Testamentary: 

  • Recommend bond in minimum amount of $20,000.00. 
  • Need Proof of Subscribing Witness as Will not self-proving. 
  • Need revised Notice of Petition to Administer Estate as it does not request that Will be admitted to probate. 
  • Need revised Proof of Publication as it does not request that Will be admitted to probate. 

Recommend continuance to 09/13/19 to allow time to cure defects. 

Appearance by counsel not required.

 

PR19000536 MATTER OF MARTHA D. HICKMAN FAMILY TRUST 

Petition for Judicial Review of the Account, Acts, and Transactions of Trustee, Linda Sue Ford; Breach of Fiduciary Trust and duties; Fraud: 

  • Need proof of notice to attorney Benjamin Rowe. 

Recommend continuance to 09/13/19 to allow time to cure defect. 

Appearance by petitioner (pro per) not required.

 

MONDAY, JULY 29, 2019 

No probate matters scheduled.

 

TUESDAY, JULY 30, 2019 

No probate matters scheduled.

 

WEDNESDAY, JULY 31, 2019 

No probate matters scheduled.

 

THURSDAY, AUGUST 1, 2019 

No probate matters scheduled.

 

FRIDAY, AUGUST 2, 2019 

No probate matters scheduled.

 

MONDAY, AUGUST 5, 2019 

No probate matters scheduled. 

Last updated: July 19, 2019 10:07 AM