September 25, 2021

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Probate Notes

Questions regarding fees, forms or status of orders should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 (option 6/option 4) between the hours of 8:15 a.m. -  3:00 p.m., Monday - Friday.

Probate Examiner, Anne Holsinger, may be reached at Probate.Examiner@stanct.org.  Telephone calls can be directed to the Probate Unit as set forth above. Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. The Probate Examiner can only respond to inquiries regarding the meaning of comments in the notes. Please do not email to notify that documents have been filed, to request a confirmation whether documents have been received, or to request the clearing of notes. No legal or procedural advice may be given by the Probate Examiner in response to your email.

  • It is the goal of the Probate Examiner to have Probate Notes posted five (5) calendar days prior to the hearing.
  • Defects described in the Probate Notes must be corrected prior to approval of the moving papers. 
  • If you are filing documents to cure technical defects, they should be filed NO LATER THAN FIVE COURT DAYS before the hearing. Later-filed documents might not be reviewed prior to the hearing and could result in a continuance of your case.

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.

 

NOTE: Effective July 1, 2021, pursuant to Local Rule 8.04(D) , all communication with the Probate Examiner must be conducted via email, Probate.Examiner@stanct.org . Communication must be limited to the content of Probate Notes.

 

 

 

THURSDAY, SEPTEMBER 23 2021

Department 24

8:30 a.m.

 

2200638 ESTATE OF DARYEL JOSEPH KASINGER

Hearing on First and Final Account continued from 02/06/2020, 02/27/2020, 03/12/2020, 06/11/2020, 08/27/2020, 12/18/2020, 02/02/2021, 05/04/2021 and 08/10/21:

•Amended Petition filed.

•No proof of service on file.

Recommend continuance to 10/26/21 to allow time to cure defect with notice.

Appearance not required (by VCourt if preferred).

 

 

Department 22

8:30 a.m.

 

PR-20-001075 ESTATE OF BETTY ANN KELLOGG

Inventory Review Hearing:

Final Inventory & Appraisal on file.

Recommend Account Review Hearing 04/21/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-0001094 ESTATE OF MICHELLE CHRISTINE KING

Inventory Review Hearing:

Final Inventory & Appraisal on file:

•Current bond of $160,000 does not appear to be sufficient.

•Characterization of property omitted from Attachment 1 and Attachment 2.

Appearance required (by VCourt if preferred) to address bond.

 

 

PR-20-001184 ESTATE OF JOHN A. STEIN

Inventory Review Hearing continued from 08/18/21:

Prior Notes for Inventory and Appraisal have been cured.

Hearing on Waiver of Accounting:

Recommend approval of Waiver of Accounting and Request for Final Distribution.

Recommend Account Review Hearing 03/23/2022 on retains.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000020 ESTATE OF FRANK M. YOUNG

Inventory Review Hearing:

Petition to Termination of Proceedings and Discharge (PrC§§12251 et seq):

Notice of Hearing appears complete.

If no one appears to object, recommend approval of Petition.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000095 ESTATE OF KREG E. NELSON

Inventory Review Hearing:

Need Final Inventory & Appraisal.

Recommend continue to 11/23/21 for filing of Inventory and Appraisal.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000116 ESTATE OF EVA B. SOTO

Inventory Review Hearing:

Need Final Inventory & Appraisal.

Recommend continue to 11/30/21 for filing of Inventory and Appraisal.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000119 ESTATE OF GWENDOLYN G. JAMES, AKA GWEN G. JAMES, GWEN JAMES

Inventory Review Hearing:

Final Inventory & Appraisal on file.

Recommend Account Review Hearing 04/21/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000524 ESTATE OF CHRISTOPHER JOEL YONAN

Hearing on Petition for Letters of Administration continued from 08/18/21:

Prior Notes have been cured.

Recommend approval of Petition.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001081 ESTATE OF SUSAN LESLY SWITZER

Hearing on First and Final Report of Administrator:

Recommend approval of Report and Petition.

Recommend Discharge Review Hearing 03/23/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000704 ESTATE OF EZEKIEL C. RODRIGUEZ

Petition to Determine Succession to Real Property:

Copy of deed showing current title was not attached to Petition, or filed separately.

Proof of notice to Department of Health Care Services not on file.

Recommend continuance to 11/23/21 to allow time to cure defects.

Appearance by counsel not required.

 

 

PR-21-000706 ESTATE OF CINDY ALAINE BROWN

Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/02/2022.

Appearance not required (by VCourt if preferred).

Courtroom Clerk asked to please print Order from Odyssey.

 

 

PR-21-000707 ESTATE OF BRENDAN D. WATSON

Petition for Letters of Administration:

•Item 2a omits name of proposed Administrator.

•Petitioner’s signature was not dated.

Published Notice requested admission of wills when Petition indicated Decedent died intestate. Costs for republication are not reimbursable.

Recommend continue to 11/23/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000721 MATTER OF THE CHARITABLE REMAINDER ANNUITY TRUST OF DEAN M HANSON 

Petition for Removal of Trustee; for Delivery of Trust Property; to Compel Accounting; to Prohibit Trustee from Using Trust Funds to Defend this Petition; and for Surcharge of Trustee (PrC§§15644, 17200):

Notice to Attorney General not on file (PrC§19024).

Appearances mandatory (by VCourt if preferred).

 

 

PR-21-000920 ESTATE OF CYNTHIA RENEE SHIPPEE, AKA CYNTHIA R. SHIPPEE

Petition to Determine Succession to Real Property:

If no one appears to object, matter is recommended for approval.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000922 ESTATE OF ENRIQUE RECIO

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 03/03/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000551 ESTATE OF WILLIAM DAVID NAMAHOE

Discharge Review Hearing:

Ex-Parte Petition for Final Discharge received and recommended for approval.

Hearing will be vacated.

No appearance required.

 

 

PR-20-000500 DOROTHY D. LASSWELL TRUST

Court Trial

Appearances Mandatory.

 

 

TUESDAY, SEPTEMBER 28, 2021

Department 22

8:30 a.m.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Petition for Final Distribution on Waiver of Account continued from 04/21/20, 07/01/20, 08/26/20, 10/27/20, 12/02/20, 12/23/20, 02/24/21, 04/21/21, 05/26/21 and 07/21/21:

At time of review, nothing filed since the previous hearing. Prior Notes remain:

• Caption of “Petition for Final Distribution” is inadequate PrC§10951, Local Rule 8.83L

• Caption of proposed Order does not match Petition.

• Proposed order describes approximate distributions, does not detail property to be distributed to each beneficiary.

• Proposed order does not list property on hand.

• Proposed order does not address $1,000.00 in reserved funds.

• Receipt of sale of real property omitted.

• Schedule of gains/loss upon sale of property omitted.

• Waivers of Accounting not on file for all heirs.

• No proof of service as to heirs on file for Supplement Declaration filed 05/25/21.

• Distributions have been made without court approval. Receipts on Distribution were not filed and not attached to Petition.

Appearance by Personal Representatives (self-represented litigant) mandatory (by VCourt if preferred).

 

 

PR-18-000082 ESTATE OF STEPHEN F. MILES

Status Review Hearing continued from 04/28/21 and 05/24/21:

• Need status re: signed Order and further administration of estate.

Recommend confirm hearing 10/27/21 on Amended First and Final Account. 

Appearances not required (by VCourt if preferred).

 

 

PR-18-000120 ESTATE OF MARTHA JANE CANDELARIA

1) Status Review Hearing set 05/18/21:

• Need status of administration of estate following appointment of Anthony Johnston as Administrator.

Appearance by court-appointed administrator mandatory (by VCourt if preferred).

2) Order to Show Cause re Contempt, to Compel Compliance with Court Order, and for Other Appropriate Relief issued to Respondent Dalene Candelaria on 07/27/21, continued 08/26/21:

Appearances by Defendant (Dalene Candelaria aka Smith), Public Defender and AID attorney mandatory (by VCourt if preferred).

 

 

PR-19-001037 ESTATE OF DAVID DOUGLASS

Order to Show Cause issued to Administrator and Administrator’s counsel on 08/31/21:

A $300 sanction will be imposed if either fails to appear.

Account Review Hearing continued from 08/31/21:

PrC§12200 Status Report has been filed, set hearing 11/17/21.

An objection to a Notice of Proposed Action was filed 09/16/21 by Ronda T. Sandmeyer.

Appearance by Administrator and counsel mandatory (by VCourt if preferred).

 

 

PR-19-000562 JASON A WHITE SPECIAL NEEDS TRUST

Account Review Hearing continued from 07/27/21:

At time of review, nothing filed since the previous hearing. Prior Notes remain:

Order Establishing Special Needs Trust was granted 07/25/2019.

First Account and Report of Trustee not on file.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-000879 ESTATE OF MIGUEL AVILA, SR.

Inventory Review Hearing continued from 05/11/21:

At time of review, nothing filed since the previous hearing. Prior Notes remain:

• Letters issued 11/13/20. Inventory and Appraisal due 03/13/21.

• Need Final Inventory and Appraisal.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-001026 ESTATE OF FEDERICO HERNANDEZ LOPEZ

Inventory Review Hearing continued 07/20/21:

•Need Supplemental Bond in the amount of $38,000.00.

Recommend continue to 12/14/21 to allow time to obtain supplemental bond.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000081 MATTER OF FRANK JULIAN SALES REVOCABLE LIVING TRUST

Account Review Hearing continued from 11/17/20, 01/20/21, 03/03/21, 04/28/21, 05/25/21 and 07/20/21:

Trustee’s Accounting For November 3, 2016 Through March 21, 2021 on file.

• No proof of service on file to beneficiaries of trust.

Petition to: 1. Objection to First Account; 2. Remedy Breach of Trust; and 3. For Order Removing Trustee(s) continued from 03/06/20, 04/22/20, 07/07/20, 07/28/20, 08/18/20, 11/17/20, 01/20/21, 03/03/21 and 04/28/21:

• No written objection on file.

• Need status.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000222 ESTATE OF CURTIS CLIFFORD LITTLE

Petition for Letters of Administration continued from 05/11/21 and 07/27/21:

Waivers of bond on file.

•New proposed Letters have a signature date in the future (12-15-21).

•Need new proposed Letters.

Final Inventory and Appraisal on file:

•Attachment reflecting value of real property is mislabeled as Attachment No. 1.

•Attachment omits characterization of decedent’s real property.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000450 ESTATE OF BETTY JO RUSSELL

Petition for Probate of Lost Will and for Letters Testamentary continued from 07/27/21:

Prior Notes have been cured.

Proof of Subscribing Witness on file.

Recommend approval of Petition and admission of Lost Will to probate.

Recommend Inventory Review Hearing 03/03/2022.

Appearance by Petitioner (self-represented) not required (by VCourt if preferred).

 

 

PR-21-000456 ESTATE OF JAGROOP SINGH

Related Case PR-21-000882

Petition for Letters of Administration continued from 07/28/21:

• Petition Item 1 omitted the name of the newspaper where Petitioner would be seeking publication of notice of probate.

• Publication indicates request to admit will when Decedent died intestate. (Costs for re-publication are not reimbursable.) 

Objection filed.

Possible Long Cause matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000882 ESTATE OF JAGROOP SINGH

Related Case PR-21-000456

Petition for Letters of Administration (Petitioner nominated by heirs):

Supplement to Petition requests bond be set in the amount of $850,000.00, which appears appropriate.

Publication indicates request to admit will when Decedent died intestate. Costs for re-publication are not reimbursable.

Possible Long Cause matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000466 ESTATE OF TEODULO SALZAR-URIARTE

Spousal Property Petition continued from 07/28/21:

Prior Notes remain:

It appears decedent had three surviving adult children.   Assignment of interest on file from two of the surviving children.   

Petition requests 100% of decedent’s interest to pass to surviving spouse.

Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

 

PR-21-000517 ESTATE OF RICHARD BENJAMIN LUNA

Hearing on Petition for Probate continued from 08/10/2021:

• Objectors appeared on 08/10/2021 and orally objected.  Judge ordered written objection to be filed and served by 09/10/2021 or all objections would be deemed waived per CRC 7.801.

• No objections on file at time of review, on 09/13/21.

Prior notes:

• No nomination on file at time of review.

• No explanation of priority for appointment provided.

Examiner notes it is more than 30 days since the death of decedent.  Please see Probate Code §8001.

Appearances mandatory (by VCourt if preferred).

 

 

2200435 ESTATE OF GURMUKH GILL

Hearing on PrC§12200 Status Report:

• No proof of service on file at time of review.

• Need status of performance of terms of settlement, per CCP§664.6 Request for Dismissal file marked 06/23/21.

Recommend continuance to 12/14/21 to allow time to cure defects with notice.

Appearance not required (by VCourt if preferred).

 

 

445305 ESTATE OF MARY LOU RAMSEY

Hearing on Petition for Final Distribution and First and Final Account:

•Petition and Report does not appear compliant with Local Rule 8.70 (verified by only one Co-Administrator).

•Need amended list of itemized costs pursuant to page 2, line 25 of Petition.

•It appears statutory attorney fees may be adjusted per Paragraph 20 of the Petition, to include compensation to former attorney Robert Crabtree.

Objection filed 09/22/21.

Recommend continuance to 12/14/21 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-19-001289 MATTER OF GLORIA STEAN WILLIAMS LIVING TRUST

Motion to be Relieved as Counsel:

SEE TENTATIVE RULING

 

 

PR-20-000816 MATTER OF ALFREDO AND EVA CONSENTINO TRUST

Settlement Conference 11/22/21 at 1:30 p.m. in Department 23.

Long cause contested hearing 12/14/21 9:30 a.m. in Department 22.

Hearing on Trustee’s Interim Accounting:

Objection filed 09/21/21.

Appearance by counsel mandatory by VCourt.

 

 

PR-21-000708 ESTATE OF RICHARD NOE QUATTRIN

Petition for Letters of Administration:

• Header of document omitted authority under the Independent Administration of Estate Act.

• Item 1 omitted name of newspaper where notice will be published.

• Item 3 omitted county of decedent’s residence at time of death.

• Item 5a(2)(a) or (b) omitted (divorced or never married, or spouse deceased).

• Item 8 omitted relationship to decedent.

Notice of Petition to Administer Estate (mandatory form DE-121) not on file.

Proof of publication not on file.

Waiver of bond appears appropriate for out-of-state personal representative as Petition indicates Petitioner is the sole beneficiary.

Recommend continuance to 12/14/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000709 ESTATE OF VIRGINIA C. CASTILLO

Probate of Will and for Letters Testamentary:

•Item 1 omitted name of newspaper where notice will be published. As proof of publication is on file, indicating notice was published in newspaper of general circulation where decedent resided, Examiner does not consider this defect fatal.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 03/03/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000713 ESTATE OF NICOLAS OSCAR KREMER INITIAL LETTERS

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000717 ESTATE OF VICTORIA VALDEZ CARRILLO, AKA VICTORIA CARRILLO

Related Case PR-19-001058, closed Petition for Probate filed by Lucia Carrillo. Hearing on Carrillo’s motion to reopen case on calendar 10/21/21.

Petition for Letters of Administration filed by Eva Duran and Mary Dominguez:

No technical defects.

Objection on file.

Recommend continue to 10/21/21 to coincide with Petition to reopen related case.

Appearances not required (by VCourt if preferred).

 

 

PR-21-000924 ESTATE OF CYNTHIA JOANN CULBRETH

Petition for Letters of Administration:

• Item 5a(7) or (8) omitted (existence of issue of predeceased child).

Notice of Petition to Administer Estate not on file.

Proof of publication not on file.

Proposed Letters not yet submitted.

Recommend continuance to 12/14/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-19-000438 ESTATE OF FRANCISCO ROMO GONZALEZ

Discharge Review Hearing continued from 07/07/21, 07/22/21 and 09/15/21:

Prior Notes have been cured.

•Need Petition for Final Discharge and Order.

Recommend continuance to 01/27/2022 for filing of Ex-parte Petition for Final Discharge.

Appearance by counsel not required (by VCourt if preferred).

 

 

Department 22

9:30 a.m.

 

PR-20-000500 DOROTHY D. LASSWELL TRUST

Court Trial:

Appearances mandatory.

 

 

WEDNESDAY, SEPTEMBER 29, 2021

Department 24

8:30 a.m.

 

2200258 MATTER OF NICOLL AND EDITH GALBRAITH TRUST

Settlement Conference 11/08/21 at 1:30 p.m. Department 23.

Court Trial 02/08/22 at 9:30 a.m. Department 22.

Sixth Account, Report and Petition for Settlement (PrC§§16062, 16063):

Notice of Hearing appears complete.

Recommend continue to 11/08/21 at 1:30 p.m. to coincide with Settlement Conference in Department 23.

Appearance not required (by VCourt if preferred).

 

 

Department 22

8:30 a.m.

 

2201024 ESTATE OF KEVIN D. SILVA 

Petition for Issuance of Citation Requiring Citee Gregory Nauman to Appear and Account for Estate Property continued from 04/08/20, 06/17/20, 10/01/20 and 11/19/20, 01/13/21, 03/04/21, 05/05/21 and 07/28/21:

PrC§12200 Status Report Review continued from 10/01/20, 11/19/20 and 07/28/21:

• Need status of meet and confer.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-19-000536 MATTER OF MARTHA D. HICKMAN FAMILY TRUST

Account Review Hearing continued from 09/12/19, 11/14/19, 02/27/20, 05/07/20, 07/23/20, 10/20/20, 01/12/21, 04/21/21 and 05/19/21:

Petition for Judicial Review of the Account, Acts, and Transactions of Trustee, Linda Sue Ford; Breach of Fiduciary Trust and Duties; Fraud continued from 07/26/19, 09/12/19, 11/14/19, 02/27/20, 05/07/20, 07/23/20, 10/20/20, 01/12/21, 04/21/21 and 07/28/21:

• Amended Objection on file.

Account and Report of Trustees with Supplement to Accounting continued from 07/28/21: 

• No objection on file.

Possible Long Cause Matter.

Need status of meet and confer.

Appearances by counsel and Petitioners (in pro per) mandatory (by VCourt if preferred).

 

 

PR-19-000695 ESTATE OF ROSALINDA ISLAS

Amended Petition for Letters of Administration continued from 05/06/21, 06/08/21 and 08/03/21:

Prior notes remain:

Amended Petition:

•Item 1 of omitted name of newspaper.

•Item 3a(2) omitted location of property within this county.

•Item 8 of omitted dates of death for deceased spouse and son.

•A “Family Tree” may be helpful as one child predeceased Decedent and there are multiple grandchildren listed.

•Item 8 omits relationships to decedent.

Notice of Petition to Administer Estate on Amended Petition not on file.

•“Notice of Petition to Administer Estate of Rosalinda Islas 2nd Amended” is not clearly labeled that this document applies to the Amended Petition. If it did, it omits the request re: authority under the IAEA.

•“Notice of Petition to Administer Estate of” file marked 09/14/21 is missing decedent’s name in the heading and is not clearly labeled that this document applies to the Amended Petition.

Proof of Publication on Amended Petition is on file, but cannot be considered due to the fact Amended Petition #3a(2) was not completed (see Note above).

Proof of notice to foreign consulate not on file.

Proposed Letters submitted 09/24/21: 

•Item 2(b)(2) was checked, which would only apply to Special Letters.

Appearance required (by VCourt if preferred).

 

 

PR-20-001188 MATTER OF J. JESUS RANGEL MACIAS

Spousal Property Petition continued from 02/24/21, 04/14/21. 06/09/21 and 08/04/21:

Need status re: settlement.

No written objection on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000379 ESTATE OF JOSEPH W. CAMERON

Amended Petition for Probate of Will and Letters Testamentary, previously continued from 07/14/2021:

• Item 3c, name of county, omitted.

• A copy of the Will was not attached pursuant to Item 3f(2).

• Item 4 omitted (if Will does not preclude Independent Administration of Estates Act).

Notice of Petition to Administer Estate must be signed by person described on page 2.

Proof of Publication not on file [see California Rule of Court 7.53(a)].

May require minimum $20,000.00 bond for out-of-state personal representative.

Appearance by petitioner (pro per) mandatory (by VCourt if preferred).

 

 

PR-21-000457 MATTER OF MARVIN A. AND DORIS J. KINCAID TRUST

Petition to 1. Confirm Real Property as a Trust Asset; 2. Remove Trustee; 3. Compel the Trustee to Perform Her Duties; 4. Surcharge the Trustee; and 5. Appoint a Successor Trustee continued from 07/22/21:

Need status of settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000468 ESTATE OF NANCY ANN KEELE 

Petition for Letters of Administration continued from 08/03/21:

Previous Notes have been cured. 

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/01/2022.

Appearance by Petitioner (self-represented litigant) not required (by VCourt if preferred).

 

 

PPR-21-000487 ESTATE OF GREGORY ALAN HANTZ

Petition for Letters of Administration continued from 08/04/21:

Prior Notes cured.

Supplement to Petition filed 09/20/21 requested limited authority under the Independent Administration of Estates Act.

Waivers of bond not on file. Recommend minimum bond of $20,000.00.

Recommend approval of Petition with Limited Authority under the IAEA, and minimum bond of $20,000.00.

•Need new Order and Letters.

Recommend Inventory Review Hearing 03/08/2022.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-18-000549 ESTATE OF DAVID PAUL GILBERTSON

Account Review Hearing continued from 11/03/20, 05/05/21 and 07/28/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Petition for Final Distribution or PrC§12200 Status Report of Administration not on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-18-000726 ESTATE OF MARY REINEKING

Account Review Hearing continued from 07/01/2, 10/14/20, 11/19/20, 01/13/21, 03/24/21 and 07/28/21:

No documents filed since prior hearings.  Prior notes remain:

• The Corrected and Final Inventory and Appraisal filed 10/31/19 did not include the BBVA Checking Account listed on Declaration filed 10/31/19.

• Petition for Final Distribution or PrC§12200 Status Report of Administration not on file. 

Appearance by personal representative (pro per) mandatory (by VCourt if preferred).

 

 

PR-19-001186 ESTATE OF JOAN G. HANSEN

Account Review Hearing continued from 1/12/21, 3/9/21, and 06/30/2021:

Status Report PrC§12200 Hearing continued from 3/9/21 and 06/30/21:

• Need status of meet-and-confer.

Recommend continuance to 01/13/22 at joint request of counsel to allow time to file withdrawal of objection, and Petition for Final Distribution.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000793 ESTATE OF DEBRA JOAN MACHADO

Order to Show Cause issued to Administrator’s counsel on 08/03/21:

For failure to appear.

Declaration of counsel filed 09/17/21.

Account Review Hearing:

Final Inventory and Appraisal is on file:

•#7 regarding sufficiency of current bond was not completed. Examiner does not consider this defect to be “fatal” as the bond has been increased.

•Prior Note regarding bond has been cured; Bond has been increased.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-000949 ESTATE OF WINFRED E. WEBB

First and Final Account and Report and Petition for Final Distribution continued from 02/02/21, 04/27/21 and 08/03/21:

• Minute Order of 04/27/2021 directs filing of an Amended First and Final Account and Report and Petition for Final Distribution.  This pleading not on file at time of review.

• Request for Dismissal was returned 09/15/21 for not being the correct method of termination.

Recommend continuance to 12/09/21 to allow time to file a noticed petition to terminate.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000313 ESTATE OF CARLOS J. PASILLAS

Inventory Review Hearing continued from 06/08/21 and 08/03/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Amended Final Inventory and Appraisal on file:

• It appears the asset was valued after date of death, which would not be correct. (See PrC§8802)

      o The foreclosure which occurred after date of death would be appropriately addressed in the Accounting.

Recommend continuance to 12/15/21 to allow time to correct defect.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001061 ESTATE OF LINDA MAE GARBER

Inventory Review Hearing continued from 07/27/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Inventory and Appraisal not on file.

Recommend continuance to 10/13/21, to coincide with hearing n Petition for Elder Abuse, to allow additional time to submit Inventory and Appraisal.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-19-000412 ESTATE OF BRUCE ALAN WHITACRE

Hearing on PrC§12200 Status Report of Administration:

Notice appears complete.

Recommend an Account Review Hearing on 12/15/21 as requested in Report to allow sufficient time for estate to be in a position to be closed.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000296 ESTATE OF AUDREE LA VONNE GADA

Petition for Letters of Administration (Successor Personal Representative):

• Need explanation - Petitioner is named as an alternate Executor in the Will.

• Item 2b requests Petitioner be appointed Administrator.

• Item 3g addresses appointment of Administrator.

• Item 3g(2)(c) states Petitioner is decedent’s son, but Item 8 describes him as decedent’s step-son.

• Item 3f(2) omitted (regarding Will).

      o Copy of Will was not attached.

Proposed Letters are Letters of Administration, not Letters Testamentary.

Proposed Order not yet submitted.

Recommend continue to 10/28/21, to coincide with Inventory Review Hearing.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000894 ESTATE OF NANCY ANN TIDMARSH

First and Final Account and Report of Status of Administration:

• Report paragraph 2 misstates the date Letters were issued.

• Notice of Proposed Action must be filed, per Local Rule 8.100.

• Paragraph 10 does not state if the accounts were interest bearing accounts.

• Paragraph 33 ($2,000 retains) does not appear compliant with Local Rule 8.68.

      o The proposed Order has the same issue.

•Copies of seller's statement(s) were not attached to the Account and Report.

Recommend vacate Account Review Hearing 01/06/2022.

Recommend continue to 12/15/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000718 ESTATE OF CHRISTA GARDNER

Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/08/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000724 ESTATE OF KATHRYN I. EVENSON

Special Letters expire today if not extended.

Petition for Letters of Administration:

Publication indicates request to admit will when Decedent died intestate. (Costs for republication are not reimbursable.) 

May require minimum $20,000.00 bond for out-of-state personal representative.

Recommend continue to 12/09/21 to allow time for republication. 

Recommend extension of Special Letters to 12/09/21.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000727 ESTATE OF GUADALUPE MONTANEZ

Spousal Property Petition:

• Attachment 7 omitted the date of marriage.

• Attachment 7 does not appear to contain sufficient information pursuant to Local Rule 8.98 B 7.

Recommend continue to 12/15/21 to allow time to cure defects. 

Appearance not required (by VCourt if preferred).

 

 

PR-21-000729 ESTATE OF ANTHONY EDWARD NAGY, AKA ANTHONY E. NAGY, ANTHONY E. NAGY, DDS

Petition for Probate of Will and for Letters Testamentary:

Recommend approval of Petition, and admission of Will to probate.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000931 ESTATE OF MARIA ELENA PEREZ, AKA MARIA PEREZ

Spousal Property Petition:

If no one appears to object, Petition is recommended for approval.

Appearance not required (by VCourt if preferred).

 

 

Department 22

9:30 a.m.

 

PR-20-000500 DOROTHY D. LASSWELL TRUST

Court Trial:

Appearances mandatory.

 

 

THURSDAY, SEPTEMBER 30, 2021

Department 22

8:30 a.m.

 

 

PR-19-000161 ESTATE OF VIRGINIA RODRIGUEZ YNIGUEZ

Account Review Hearing continued from 03/10/21 and 04/14/21 and 05/13/21.

PrC§12200 Status Report of Administration continued from 05/13/21.

Need status of probate.

Appearance required (by VCourt if preferred).

 

 

PR-20-000503 ESTATE OF STEPHEN BLAKEMORE

Inventory Review Hearing continued from 02/25/21, 04/15/21, 05/13/21 and 07/15/21:

Final Inventory and Appraisal on file:

• Attachment 1 omitted characterization of assets.

• Attachment 1 omitted last four digits of the financial account number.

• Attachment 2 omitted characterization of assets.

• Attachment 2 omitted complete legal description of real property.

Hearing on Petition for Approval and Payment of Administrative Expenses:

Notice appears complete.

Matter submitted to Judge for consideration.

Appearance required (by VCourt if preferred).

 

 

PR-20-000759 ESTATE OF KELLY JO WEICKUM

Inventory Review Hearing continued from 07/01/2021 and 08/26/21:

Prior Note:

Inventory and Appraisal omitted characterization of real property. Examiner believes this Note is not fatal, as the Waiver and Report of Administrator describes the characterization.

Hearing on Waiver of First and Final Account and Petition for Final Distribution:

• Report paragraph 4 incorrectly states that Administrator was granted full authority under the Independent Administration of Estates Act.

• Electronic notice to the Department of Health Care Services does not appear sufficient pursuant to PrC§§9202, 215, and 1215.

• Electronic notice to the Franchise Tax Board does not appear sufficient pursuant to PrC§§9202, 215, and 1215.

• Itemization of costs of administration omitted (Local Rule 8.83K).

     o Page 4, line 15 of Report includes Costs in the header of the section, but the section does not include costs.

• Waivers of Account must be notarized (pursuant to Local Rule 8.69).

• Proposed Order not yet submitted.

Recommend continue Hearing on Waiver of First and Final Account to 01/04/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000976 ESTATE OF TERRY LYNN SPAHN

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

•Attachment 2 omits characterization of assets.

Recommend Account Review Hearing 04/05/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000538 ESTATE OF MICHAEL SCOTT TORRES

Account Review Hearing:

Petition for Termination of Proceedings and Discharge (PrC§12251 et seq.):

Petition appears appropriate; Notice of Hearing is complete.

Recommend approval of Petition for Termination of Proceedings and Discharge.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000539 ESTATE OF SERGIO VELASCO NUNO

Hearing on First and Final Report on Waivers of Account continued from 09/14/21:

Prior Notes have been cured. 

Recommend approval of First and Final Report.

Recommend Discharge Review Hearing 04/06/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000577 ESTATE OF JOHN L. BOSWELL, JR.

Account Review Hearing:

Report of Executor on Waiver of Account, Petition For Its Settlement, For Allowance of Statutory Compensation to Attorneys, Compensation to Attorneys for Extraordinary Legal Services, for Sale Of Real Property, and Final Distribution continued from 07/15/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Report of Executor omits statement re: whether or not notice to creditors was given per PrC§§10900(b)(1), 9050.

• Report of Executor omits statement re: family/affiliate relationship per PrC§1064(a)(4).

• Waivers of Accounting require notarization per Local rule 8.69.

Recommend continue Hearing on Report of Executor to 01/04/2022 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000083 ESTATE OF LINDA L. VANDYKE

Report of Sale and Petition for Order Confirming Sale of Real Property located at 7136 Eleanor Rd, Oakdale, CA (APN:  062-011-015) for sales price of $594,000.00 (first overbid $624,200.00) and Account Review Hearing continued from 06/10/21 and 08/18/21:

• Consent of all known heirs not on file pursuant to PrC§9881.

Petition for Authority of Administrator to Purchase Real Property of Estate continued from 08/18/21:

• Consent of all known heirs not on file pursuant to PrC§9881.

• Proof of service of Petition filed 08/16/21 reflects untimely service pursuant to PrC§1220.

      o No proof of notice of continued hearing date on file.

Matter submitted to Judge for determination.

Appearance required (by VCourt if preferred).

 

 

PR-20-000936 ESTATE OF RICHARD VELASQUEZ

Petition for Letters of Administration continued from 01/05/21, 02/23/21, 04/13/21 and 07/15/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Item 3d of petition not completed (estimated value and characterization of property).

Waivers of Bond from all heirs are not on file. Bond may be required.

Need proof of service of Notice of Petition to Administer Estate (Form DE-121) (see Probate Code section 8110 and 1215, and Petition Item 8).

Need Proof of Publication (see Petition Item 1, and Probate Code sections 8120 through 8124).

Appearance by petitioner (pro per) mandatory (by VCourt if preferred).

 

 

PR-21-000325 ESTATE OF FLORENCE WALLS

Petition for Letters of Administration continued from 06/09/21 and 08/03/21:

Special Letters expire today if not extended.

At time of review, nothing filed since previous hearing. Prior Notes remain:

Petition for Letters of Administration:

• Item 5b was omitted (stepchild or foster child).

Proposed Orders Appointing Administrator:

• Item 2b(1) or (2) omitted (residency)

• Item 2c(1) or (2) omitted (intestate or testate)

Need status of meet and confer.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000495 ESTATE OF ELOY TONY PADILLA, SR.

Hearing on Petition for Probate continued from 08/10/2021:

Publication indicates request to admit will when Decedent died intestate. (Costs for republication are not reimbursable.) 

Recommend continue to 01/04/2022 to allow time for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000516 ESTATE OF DAVID WILLIS BARNES

Petition for Probate of Will and for Letters Testamentary continued from 08/10/2021:

Prior Notes have been cured.

Recommend approval of Petition, admission of Will to probate.

Recommend Inventory Review Hearing 03/02/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000753 ESTATE OF Feng Shao Zeng (AKA Kenneth Shao Feng Zeng, Kenneth Shao Zeng)

Hearing on Spousal Property Petition continued from 08/26/21:

Proof of Notice not on file for Guardian ad Litem.

Recommend continuance to 01/04/2022 to allow time cure defect with notice.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000165 ESTATE OF HELEN KATHLEEN MILLION

First and Final Account; Report of Administration:

• Notice of Proposed Action must be filed, with affidavit of mailing attached, per Local Rule 8.100.

• Fee computation does not match the online calculator, due to rounding to the nearest dollar.

Recommend confirm Account Review Hearing 12/02/21 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000732 ESTATE OF BARBARA LEE HUFFMAN

Petition for Probate of Will and for Letters Testamentary:

•Notice appears to have been published in a newspaper not of general circulation in the community of decedent’s residence at time of death. (Costs for republication are not reimbursable.)

Proof of subscribing witness on file.

Recommend minimum bond of $20,000.00 for out-of-state personal representative.

Recommend continuance to 01/04/2022 to allow time for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000733 ESTATE OF BARBARA ANN RUTLEDGE

Petition for Letters of Administration:

• Item 3c omitted (decedent’s residence).

• Item 3g(2)(c) omitted (Petitioner’s relationship to decedent).

• Item 5a(3) or (4) omitted (existence of registered domestic partner).

• Item 5a(7) or(8) omitted (existence of issue of predeceased child).

Proposed Letters:

• Item 2 has an alternate spelling of Petitioner’s name.

• Petitioner’s name is not necessary in Item 2 of the Affirmation.

Recommend continuance to 01/04/2022 to allow time to cure defects and for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000747 MATTER OF SHIRLEY L. ABRUZZINI REVOCABLE TRUST

Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Asset to Trust (PrC§§850, 15200, 17200):

Notice appears complete. Petition appears appropriate.

If no one appears to objection, recommend approval of Petition.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000933 ESTATE OF EUGENE H. BENAVIDEZ

Petition for Probate of Will and for Letters Testamentary:

• Heading of form does not include checkmarks in the box for authority under the Independent Administration of Estates Act.

• Item 1 omits the name of the newspaper where notice will be published.

• Item 3c omits county of decedent’s residence at time of death.

• Item 4 not checked (if Will precludes administration under the IAEA).

• Item 5a(3) or (4) omitted (existence of registered domestic partner).

• Item 5a(7) or(8) omitted (existence of issue of predeceased child).

• Item 8 omitted the relationships of those named to the decedent.

• Copies of holographic Will attached to the Petition are not large enough to be legible.

Proof of Holographic instrument not on file.

Waivers of bond not on file.

Form DE-147 Duties and Liabilities not on file.

Notice of Petition to Administer the Estate not on file.

Proof of publication not on file.

Proposed Order and Letters not yet submitted.

Original Will has not been lodged with the court (PrC§8200).

Recommend continuance to 01/04/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000935 ESTATE OF DAVID BRUCE JOHNSON

Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/02/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-18-000478 ESTATE OF RAYMOND AZEVEDO III

Discharge Review Hearing continued from 06/30/2021:

Ex Parte Petition for Final Discharge and Order has been approved and processed.

Hearing was vacated.

No appearance required.

 

 

PR-20-000351 ESTATE OF VIRGIL HARRY STAMBAUGH, JR., AKA VIRGIL H. STAMBAUGH, JR. & VIRGIL STAMBAUGH

Discharge Review Hearing continued from 08/10/2021:

Ex Parte Petition for Final Discharge and Order has been approved and processed.

Hearing was vacated.

No appearance required.

 

 

 

FRIDAY, OCTOBER 1, 2021

Department 22

8:30 a.m.

 

445058 MATTER OF ERIC PIERCE SPECIAL NEEDS TRUST

Fourth Account and Report of Trustee; Petition to Settle Account; to Confirm Trustee Fees; and to Fix and Allow Attorney Fees and Costs continued from 03/09/21, 4/13/21, 05/12/21, 07/14/2021 and 09/01/21:

Prior Notes have been cured.

Recommend approval of Order Settling Fourth Account and Report.

Recommend Account Review Hearing 01/05/2022 for Fifth Account and Report for period from 07/01/2019 to 06/30/2021.

Appearance not required (by VCourt if preferred).

 

 

 

TUESDAY, OCTOBER 5, 2021

Department 22

8:30 a.m.

 

2201399 MATTER OF CAMERON DOOLEY SPECIAL NEEDS TRUST

Status Review Hearing continued from 3/7/20, 5/20/20, 7/29/20, 1/14/21, 3/18/21, 5/5/21 and 07/01/2021.  First Account and Report on file.  

Hearing on First Account and Report and Petition for Attorney’s Fees and costs:

• No proof of mailing to public agencies on file at time of review.

• Examiner notes attorney secured verification of petitioners/trustees to the request for attorney’s fees but failed to obtain verification of accounting.  Accounting is not verified by petitioners/trustees.  An attorney cannot verify an accounting on behalf of a fiduciary.  Please see Probate Code §11021.  

• Petition requests authority to pay $3,015.00 as attorney’s fees for preparation of the accounting in this matter.   An ex parte petition to withdraw funds from blocked account submitted 08/04/2021 has receipts attached for $1,9443.65 payment to said attorney as follows:

     o $1,443,65 on 08/03/2021

     o $   500.00 on 04/22/2021

Need explanation for request for fees previously paid without court order.

Recommend continuance to 12/7/2021 to allow time to cure defects.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-000965 MATTER OF THE RUTH M. MAPLES REVOCABLE TRUST

Status Review Hearing continued from 05/06/21 and 06/03/21:

Nothing filed since previous hearing. Prior Notes remain:

No accounting on file as ordered in Order file marked 01/14/21.

No petition for settlement of account on file as ordered in Order file marked 01/14/21..

Appearance required (by VCourt if preferred).

 

 

444546 JOHN COLEMAN SPECIAL NEEDS TRUST

Account Review Hearing continued from 08/03/21:

Recommend confirm hearing 11/03/21 on Fifth Accounting and Report of Trustee.

• Notice of Hearing not on file at time of review.

Appearance not required (by VCourt if preferred).

 

 

PR-19-000910 ESTATE OF JOSE S. JUAREZ 

Related Case Nos. (post-deceased spouse) PR-19-000910 and PR-21-000462

Petition for Letters of Administration continued from 07/28/21:

Nothing filed since previous hearing. Prior Notes remain:

• Petition for Probate Item #3h(3) or (4) was omitted (U.S. residency status of Petitioner).

• Petition for Probate #3g(2)(a) is checked, but there was no Attachment 3(g)(2)(a) attached explaining why Petitioner should be determined to have priority over other issue of decedent.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-19-001130 ESTATE OF ANTONIA JUAREZ 

Related Case No. PR-21-000462 (competing) and PR-19-000910 (predeceased spouse)

Petition for Letters of Administration continued from 07/28/21:

Nothing filed since previous hearing. Prior Notes remain:

• Petition for Probate Item #3h(3) or (4) was omitted (U.S. residency status of Petitioner).

• Petition for Probate Item 8: All names must appear exactly as they appear in the Will.

• Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000462 ESTATE OF ANTONIA JUAREZ 

Related Case No. PR-19-001130 (competing, filed first) and PR-19-000910 (predeceased spouse)

Petition for Letters Testamentary continued from 07/28/21:

Nothing filed since previous hearing. Prior Notes remain:

• Petition Item 2(b)(2) is checked, indicating Petitioner is seeking Letters of Administration with Will Annexed, which does not match the top of page 1.

• Petition for Probate #3g(2)(a) is checked, but there was no Attachment 3(g)(2)(a) attached explaining why Petitioner should be determined to have priority over other issue of decedent.

• Petition for Probate Item 8: All names must appear exactly as they appear in the Will.

• Petition for Probate Item 8 must include all individuals named in the Will.

• The original Will has not been lodged with the Court. Attached to the Petition is a copy of a Will dated 02/06/02.

• The (copy of the) Will is not self-proving (Local Rule 8.23 D).

• The (copy of the) Will waived bond as to the named Executors, not the Petitioner. 

• All heirs named in (the copy of) the Will were not listed as having been served in the Notice of Petition to Administer Estate.

• Letters are titled Letters Testamentary but Item 1(b) is checked, reflecting Petitioner - Administrator with Will Annexed.  

• A proposed Order was not submitted.

• Petitioner alleges Decedent’s estate is $50,000.00. A declaration describing why Petitioner is seeking to probate the estate may be appropriate.  

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000051 ESTATE OF GEORGE RAYMOND RUIZ

Account Review Hearing:

• Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Recommend continue Account Review Hearing to 01/05/2022.

Recommend confirm hearing 10/21/2021 on Report of Sale and Petition for Order Confirming Sale of Real Property.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000256 ESTATE OF FRANK L. ZAVALA, SR.

Account Review Hearing:

• Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Appearance by Personal Representative, a self-represented litigant, required (by VCourt if preferred).

 

 

PR-20-000549 ESTATE OF RICK M. DUFFEY

Account Review Hearing:

• Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Recommend continue Account Review Hearing to 01/05/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-19-000345 ESTATE OF JESSE G. ULLOA

Hearing on First and Final Account and Petition for Final Distribution continued from 08/10/2021:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Petition alleges beneficiaries elected to give home equity to one specific beneficiary.  No agreement for distribution on file at time of review.

Appearance required (by VCourt if preferred).

 

 

PR-20-000869 MATTER OF NOBLE JR. AND MARY ELLEN STANSBURY TRUST

Petition for Relief from Breach of Trust; Negligence in Administration of Trust continued from 01/26/21, 03/24/21, 05/06/21 and 06/03/21:

Need status of meet-and-confer.

Prior Note remains: Need proof of personal service to Trustee.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000933 MATTER OF SIX TRUST

Petition for Breaches of Trust and Request for Damages continued from 01/26/21, 03/24/21, 05/06/21 and 06/03/21:

Objection on file.

Possible Long Cause Matter.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000515 MATTER OF GEORGE J. AND EDNA MAE MILLER LIVING TRUST

Hearing on Petition to Invalidate Second and Third Amendments to the George J. and Edna Mae Miller Living Trust continued from 08/10/2021:

Defects with notice have been cured.

Objection filed 08/05/21.  

Possible Long Cause Matter.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-19-001177 ESTATE OF JOHN LEE PEELER, AKA JOHN L. PEELER, JOHN PEELER

Hearing on PrC§12200 Status Report.

Notice appears complete.

Recommend Account Review Hearing 07/12/2022 as requested in Status Report to allow time to sell undeveloped property in Mariposa and resolve issue of unfiled taxes.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000662 ESTATE OF BENITO PESINA GONZALEZ, III

Petition for Final Distribution, Waiver of Account, and Attorney’s Fees:

Recommend approval of Petition and Waiver.

Recommend Discharge Review Hearing 03/08/2022.

Recommend vacate Account Review Hearing 03/09/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000931 ESTATE OF MICHAEL NEELEY, AKA MICHAEL GENE NEELEY

Report of Sale and Petition for Order Confirming Sale of Real Property at 2105 Potter Avenue, Modesto, CA (APN: 120-027-021-000) for sales price of $285,000.00 (first overbid $299,750.00):

Deposit appears to be under the minimum of $10,000. Buyer’s committed loan not provided. Please see Local Rule 8.60.

Proof of Notice of Hearing not on file for buyers [PrC§10308(c)].

Proof of publication not on file (PrC§10300).

Proposed Order not yet submitted.

Appearance counsel mandatory (by VCourt if preferred).

 

 

PR-21-000737 ESTATE OF OBALEET SARGONY

Special Letters expire today unless extended.

Hearing on Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/08/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000739 ESTATE OF WILSON SARHAD

Spousal Property Petition:

• Item 1b was not checked, but corresponding 7b was checked.

• Attachments 7a and 7b omit the name of the financial institution and account type for the bank account.

• Copy of grant deed showing current title not on file.

• Proposed Order not yet submitted.

Recommend continuance to 01/06/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000873 ESTATE OF DEIRDRE A. KENT, AKA DEIRDRE ANN KENT 

Petition for Letters of Administration:

Item 7 omitted (to be completed if no spouse or issue survived decedent).

Recommend continuance to 01/05/2022 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000937 ESTATE OF CHERYL D. COLLINS

Spousal Property Petition:

Signature of Petitioner was not dated.

Signature of Petitioner’s counsel was not dated.

Item 13 was omitted (number of pages attached).

Copy of Grant Deed attached to Petition is not legible.

Attachment 7 was omitted.

Recommend continuance to 01/06/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

Department 22

9:30 a.m.

 

41837 MATTER OF WILLIAM DENNIS FAHEY TRUST

Court Trial:

Appearances mandatory.

 

 

WEDNESDAY, OCTOBER 6, 2021

Department 22

8:30 a.m.

 

2201256 MATTER OF JOSEPH AND CARRIE AMARAL 1995 TRUST

Status Review set per Statement of Decision following Trial:

Appearance by counsel mandatory (by VCourt if preferred).

 

 

445096 ESTATE OF MAURICE GENE SCHLEICHER

Account Review Hearing continued from 07/22/21:

Petition for Final Distribution on Waiver of Accounting (and for Allowance of Statutory Commissions) continued from 07/22/21:

Some prior Notes have been cured.

Prior Notes remain:

•Description of Acts taken by personal representative under the Independent Administration of Estates Act omitted.

•Statements omitted from Petition for Final Distribution include:

      oDeposit of funds in an interest-bearing account [PrC§§1064(a)(5), 9652]

      oDisclosure of any family or affiliate relationships [PrC§§1064(a)(4)]

      oStatus of income and estate taxes

      oCharacterization of property (Local Rule 8.83 H)

      oNotice was given or was not required to public entities (Local Rule 8.83 E, F, G)

Appearance by personal representative (in Pro Per) required (by VCourt if preferred).

 

 

PR-20-000094 ESTATE OF SHIRLEY A. MOODY

Order to Show Cause issued 08/18/21 to Personal Representative’s counsel:

Account Review Hearing continued from 06/29/2021 and 08/18/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-18-000714 ESTATE OF GAIL KATHERYNE JOHNSON

Account Review Hearing continued from 04/24/20 and 07/09/20, 11/05/20, 03/24/21, Hearing on PrC§12200 Status Report of Administration:

Notice of hearing appears complete.

Recommend Account Review Hearing 04/06/2022 as requested in Status Report, to allow time for final agreement of division of assets.

Appearance not required (by VCourt if preferred).

 

 

PR-19-001229 ESTATE OF LARRY M. MANES

Account Review Hearing continued from 08/17/21:

•Letters issued 06/15/20. Inventory and Appraisal due 10/23/20.

•Inventory and Appraisal not on file.

•Neither Petition for Final Distribution nor PrC§12200 Status Report on file.

•Need status of estate.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000215 ESTATE OF WILLIE LEON SMALLWOOD

Related Case No. PR-20-000570 (competing petition).

Account Review Hearing and Petition to Revoke Probate continued from 02/25/21, 06/29/2021 and 08/18/21:

Objection on file.

Need report of status of real property.

Need status of settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000570 ESTATE OF WILLIE LEON SMALLWOOD

Related Case No. PR-20-000215.

Competing Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 10/07/20, 12/09/20, 02/25/21, 06/29/2021 and 08/18/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

•Need Proof of Holographic Instrument (mandatory form DE-131) signed by unbiased person.

•Multiple defects in the Petition, including: item 8 of petition omits petitioner’s relationship, age and address.

Objection on file.

Need status of settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000378 ESTATE OF DONNA OPPELT

Account Review Hearing continued from 06/30/2021:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000422 ESTATE OF MARIA E PEDROSO

Account Review Hearing continued from 08/05/2021:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-000409 ESTATE OF FRANCES SHEILA HALLMEYER 

IN PROGRESS, PLEASE CHECK BACK

 

 

PR-20-000986 ESTATE OF LAURA L. ROSS

Inventory Review Hearing continued from 08/17/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Final Inventory and Appraisal on file.

•Property tax certificate portion of Income and Appraisal form was omitted. 

•Property tax certificate form not submitted pursuant to PrC§8800(d).

•Attachment 2 did not address characterization of property.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-001126 ESTATE OF RUSSELL WALLER

Inventory Review Hearing continued from 08/04/21:

Letters issued 02/05/21. Inventory and Appraisal due 06/05/21.

•Need Final Inventory and Appraisal.

Recommend continuance to 01/13/2022 to allow time for filing of Inventory and Appraisal.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000067 ESTATE OF DOUGLAS LOREN STETTNICHS, AKA DOUGLAS L. STETTNICHS 

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

Attachment 2 omitted characterization of estate asset. Examiner does not consider this defect fatal as the First and Final Account addresses characterization.

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

•Need proposed Order.

Recommend Discharge Review Hearing 04/06/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000337 ESTATE OF ADAM ANDERSON HIGH

Related Case No. PR-21-000740

Related Case No. PR-21-000892 (Hearing on Trust 11/09/21)

(Original) Petition (filed by Heather High) for Letters of Administration continued from 06/30/2021:

Objection filed 6/24/21. Refers to Trust.

Possible Long-cause matter.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000740 ESTATE OF ADAM A. HIGH

Related Case No. PR-21-000337

Related Case No. PR-21-000892 (Hearing on Trust 11/09/21)

(Competing) Petition (filed by Austin High and Megan High) for Letters of Administration:

Proof of publication not on file.

Proposed Order and Letters not submitted.

Possible Long-cause matter in related case.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000353 MATTER OF EMMETT LLOYD ROLAND

Petition for Order Authorizing Particular Transaction, Creation of Financial Power of Attorney for Incapacitated Spouse continued from 07/08/21 and 08/06/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

•Proof of service of citation not in file.

•Proof of notice on interested persons not on file.

Report of Court-Appointed Counsel, Jeff L. Bean, not on file at the time of case review.

Capacity Declaration attached to Petition.

Per Capacity Declaration, Respondent not able to be present at hearing.

Appearances required (by VCourt if preferred).

 

 

445340 MATTER OF JUSTICE VANDYKE SPECIAL NEEDS TRUST 

IN PROGRESS, PLEASE CHECK BACK

 

 

PR-20-000284 ESTATE OF STEPHEN BRIAN ZBRUDZEWSKI 

Hearing on PrC§12200 Status Report of Administration:

Notice of Hearing appears complete.

Recommend continuance to 04/06/2022 as requested in Status Report for heirs to resolve how to distribute estate assets.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000743 ESTATE OF JAIME TEJEDA

Spousal Property Petition:

Item 3 omitted (date of death).

Item 5a(1) incomplete (child or no child).

Item 5b omitted (issue of a predeceased child).

Item 1b is checked but item 7b was not checked.

Item 9 relationships of most of those listed were omitted.

Attachment 7b is mislabeled as Attachment 7.

Attachment 7 was omitted (see Local Rule 8.98).

Decedent’s Will is not self-proving (see Local Rule 8.23). 

Proof of notice of hearing not on file for all those named in Will.

Proof of notice not on file for the Department of Health Care Services.

Petition Item 1b was checked and 1a was not checked, but Order Item 5a was checked and 7a was not checked.

Proposed Order item 10 was not completed.

A copy of the grant deed showing current title is not on file.

Recommend continuance to 01/11/2022 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000754 ESTATE OF JOHN C. CASON, AKA JOHN CARLTON CASON, JOHN CASON

Special Letters expire today unless extended.

Petition for Letters of Administration:

Waiver of bond appears appropriate even though Petitioner resides out of states, as Petitioner is sole beneficiary.

•Publication indicates request to admit will when Decedent died intestate. (Costs for re-publication are not reimbursable.) 

•Proposed Order Item 4 omitted (authority under the IAEA).

•Proposed Order Item 6 needs to be checked (appointment of probate referee).

Recommend continuance to 11/23/21 to allow time to cure defects.

Recommend extension of Special Letters to 11/23/21

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000923 ESTATE OF CLIFFORD E. SCOTT

Petition for Letters of Administration:

Proof of publication not on file.

Proposed Order and Letters not yet submitted.

Recommend continuance to 11/23/21 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000925 ESTATE OF DAVID WILLIAM ESTRADA

Order for Special Administrator was granted, but Letters not yet issued. Special Letters would expire today unless extended.

Petition for Letters of Administration:

Decedent’s estate, per Petition, has value of less than $1,000.00. Bond of $10,000 would appear to be appropriate.

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/08/2022.

•Need proposed Letters.

Appearance by counsel not required (by VCourt if preferred).

 

 

 PR-19-001182 ESTATE OF JOHN V. VAN DE VOOREN

Discharge Review Hearing continued from 08/04/21:

Ex-Parte Petition for Final Discharge received and recommended for approval.

Hearing will be vacated.

No appearance required.

 

Last updated: September 24, 2021 3:25 PM