January 18, 2022

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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.

 

PUBLIC NOTICES:

POSTED DECEMBER 17, 2021

  • Effective 01/01/2022, the fee for court-appointed legal counsel in conservatorship proceedings shall increase to $125.00 per hour.

 

POSTED OCTOBER 13, 2021

  • It has come to the Court’s attention that due to changes in a major newspaper’s online publication submission procedure, some intestate proceedings are being published with reference to a request to “admit decedent’s wills and codicils, if any.”  The Court interprets the phrase “if any” as applying to the word “codicils”, as the next published sentence is “The will and any codicils are available for examination in the file kept by the Court”. Not only is the quoted language inconsistent, it is false, as there are no wills or codicils available for review in these proceedings.  One may reasonably rely on the misrepresentation and take no action believing a will has been or will be provided to the Court.  The Court cannot find this misleading notice to be harmless error.  As such, in these instances, the Court has ordered a republication with corrected language.  The Court has heretofore held that the republication fee is not reimbursable, however, given that the changes to the newspaper’s procedure are recent, and given the sheer volume of cases requiring republication, the Court will permit one republication fee to be reimbursable.  Requests for reimbursement will be granted for any one republication that occurs on or before June 1, 2022.

    Please note it also has recently come to the Court’s attention that the major newspaper may have revised, or may be revising, its online publication submission procedure to account for this issue.  

  • 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. 

 

WEDNESDAY, JANUARY 19, 2022

Department 22

8:30 a.m.

 

PR-21-001134 THE  LAURA E. BUTCHER TRUST

Related case PR-21-000354 

No defects found in Petition. Notice appears complete.

Recommend approval of Petition. Bond must be set.

Appearance required to set amount of bond (by VCourt if preferred).

 

 

PR-19-000161 ESTATE OF VIRGINIA RODRIGUEZ YNIGUEZ

PrC§12200 Status Report of Administration continued from 05/13/21 and 09/30/21:

Third PrC§12200 Status Report was filed and set for hearing 03/15/22. 

Recommend confirmation of Status Report Hearing 03/15/22. Notice of hearing not yet on file.

Appearance required (by VCourt if preferred).

 

 

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

Order to Show Cause issued 10/05/21 to Trustee:

•To appear and show cause why $300 sanction should not issue, or Trustee be removed, for failure to appear and failure to obey court order.

Order to Show Cause issued 10/05/21 to Trustee’s counsel:

•To appear and show cause why $300 sanction should not issue for failure to appear and failure to obey court order.

Status Review Hearing continued from 05/06/21, 06/03/21, 10/05/21:

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 by Trustee and Trustee’s counsel mandatory (by VCourt if preferred).

 

 

PR-20-000269 ESTATE OF JUANITA W. DANIELS

Discharge Review Hearing:

Receipts on distribution not on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 07/21/22 to allow time for filing above pleadings.

Appearance not 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, 07/15/21 and 09/30/21:

Nothing filed since previous hearing. Prior Notes remain:

Final Inventory and Appraisal on file (07/20/21):

•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.

Corrected Inventory and Appraisal not on file.

Appearance required (by VCourt if preferred).

 

 

PR-21-000533 ESTATE OF MELANIE K. HARTMANN, AKA MELANIE C. HARTMANN

Inventory Review Hearing:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/04/22. 

Appearance 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, 07/28/21 and 09/29/21:

Nothing filed since previous hearing. Prior Notes remain:

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

•Declaration from counsel regarding inability to / restored contact with Administrator not on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-18-000726 ESTATE OF MARY REINEKING

Account Review Hearing continued from 07/01/20, 10/14/20, 11/19/20, 01/13/21, 03/24/21, 07/28/21 and 09/29/21:

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. 

Recommend Court set Petition for Appointment of Successor Administrator on its own motion pursuant to Probate Code sections 7620, 7621, with notice to the office of the Public Administrator, to be heard 03/17/22.

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

 

 

PR-20-000083 ESTATE OF LINDA L. VANDYKE

Account Review Hearing continued from 09/30/21:

A First and Final Report of Administrator was filed and set for hearing on 02/10/22.

•Proposed Order not yet submitted.

Hearing of 02/10/22 will be confirmed.

No appearance required (by VCourt if preferred).

 

 

PR-20-000492 ESTATE OF JACKSON WORLEY STEPHENS

Account Review Hearing continued from 10/07/21:

No documents filed since prior hearings.  Prior notes remain:

Need First and Final Account or PrC§12200 Status Report.

Appearance required (by VCourt if preferred).

 

 

PR-20-000523 ESTATE OF ANDREW PHILLIP SODERSTROM

Account Review Hearing: 

Final Supplemental Inventory and Appraisal is on file.

A Petition for Final Distribution was filed and set for hearing on 03/09/22.

Hearing of 03/09/22 will be confirmed.

No appearance required (by VCourt if preferred).

 

 

PR-20-000565 ESTATE OF KENT DANA COLEMAN

Account Review Hearing continued from 10/07/21:

PrC§12200 Status Report was filed and set for hearing 03/10/22.

Recommend confirmation of Status Report Hearing 03/10/22.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000621 ESTATE OF JOHN F. CHAPPEL 

Account Review Hearing continued from 10/07/21:

No documents filed since prior hearings.  Prior notes remain:

Need First and Final Account or PrC§12200 Status Report.

Appearance required (by VCourt if preferred).

 

 

PR-21-000094 ESTATE OF RAY PHILLIPS LILL, AKA RAYMOND PHILLIPS LILL

Hearing on First and Final Account continued from 10/20/21:

Prior Notes have been cured.

Recommend approval of Account and Petition.

•Need new proposed Order: 

      oItem 4 on page 3 does not match paragraph 17 of the Accounting (statutory fees due to personal representative were indicated to be $15,719.33).

      o$1,000 in retains omitted.

      oProposed Order does not specify how the estate is to be divided.

Recommend continuance to 02/04/2022 to ensure new Order has been submitted. If Order can be approved, hearing of 02/04/2022 will be vacated and no appearance required.

Recommend court set Discharge Review Hearing 07/21/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000325 ESTATE OF FLORENCE WALLS

Petition for Letters of Administration continued from 06/09/21, 08/03/21 and 09/30/21:

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-21-000834 ESTATE OF JOHN LAWRENCE BANUELOS

Petition for Letters of Administration continued from 10/21/21:

•Affidavit of publication reflects that published notice included a request to admit decedent’s wills and codicils, if any, when decedent died intestate. Republication is required.

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

 

 

PR-21-000970 ESTATE OF LINDA ONETH

Amended Petition (filed 12/03/21) for Probate of Will and for Letters Testamentary continued from 10/20/21:

•Signatures of petitioners were not dated.

Republication is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed.

Amended Duties and Liabilities (form DE-147) file marked 12/03/21 was not signed.

Recommend continuance to 02/25/22 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000888 THE JACK L. FREY LIVING TRUST

Related case PR-21-000621

Future Hearing 03/08/22 Court Trial.

Hearing on Amended Ex-Parte Application & Memorandum to Remove Kim Frey, and Appoint Carol Dupree, as Successor Trustee of Jack L. Frey Living Trust and for Injunctive Relief:

SEE TENTATIVE RULING

 

 

2201273 ESTATE OF PAULINE MAE EDGAR, AKA PAULINE BRITT

Hearing on Waiver of Account and Report of Administrator:

•Report omitted itemization of costs of administration (Local Rule 8.69, 8.83K).

•Waivers of Account were not notarized (Local Rule 8.69).

•Proposed Order does not specify how the estate is to be divided, to wit, the exact funds to be distributed to each heir. The court will compare the amounts in the order to the Receipts of Distribution, once filed.

Recommend continuance to 03/11/22 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000922 ESTATE OF RAYMOND RAMIREZ

Hearing on First and Final Report of Administration and Petition for Final Distribution:

Recommend court vacate Account Review Hearing 02/01/22.

Recommend approval of Report and Petition.

Recommend Discharge Review Hearing 07/21/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001385 ESTATE OF JANICE M. PETERSON

Hearing on Spousal Property Petition:     

Note has been cured.

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

Appearance not required (by VCourt if preferred).

 

 

PR-21-001399 ESTATE OF CHARLES STONER

Hearing on Petition for Letters of Administration:

Item 3e omitted (re: bond).

Form DE-121 Notice of Petition to Administer Estate not on file.

Proof of publication not on file.

Proposed Letters not yet submitted.

Recommend continuance to 02/25/22 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

THURSDAY, JANUARY 20, 2022

Department 22

8:30 a.m.

 

2200174 MATTER OF VERA MARGARETTE HENLINE TRUST

Status Review Hearing continued from 04/09/20, 06/18/20, 11/05/20, 02/03/21, 08/04/21:

Need status from counsel.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST

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

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

Fifth Account and Report of Trustee not on file for period of 01/01/19 through 12/31/20.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

439928  MATTER OF WADE J MEIER SPECIAL NEEDS TRUST

Account Review Hearing continued from 06/30/2021 and 08/18/21:

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

Sixth Account Current not on file for period from 01/01/19 to 12/31/20.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000283 ESTATE OF LEON POWERS

Account Review Hearing continued from 07/27/21 and 09/21/21:

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

•First and Final Account or PrC§12200 Status Report not on file.

•Need status of estate.

•Status Report not on file as directed in Minute Order of 09/21/21.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000861 ESTATE OF RICARDO ZUBIATE, AKA RICARDO MENDOZA ZUBIATE

Account Review Hearing:

Hearing on First and Final Report and Petition for Final Distribution continued from 11/02/21:

Prior Notes have been cured.

•Report and Petition request allowance of claim filed by Personal Representative. Claim has been allowed.

Recommend approval of Report and Petition.

Recommend Discharge Review 07/21/22.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000260 ESTATE OF MELINDA SUE LUCE

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

Final Inventory and Appraisal is on file.

Recommend Account Review Hearing 05/04/22.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000842 ESTATE OF GLORIA JEAN TAYLOR

Inventory Review Hearing continued from 06/09/21, 08/04/21:

Final Inventory and Appraisal filed 06/07/21:

•Attachment is not labeled as No. 1 or No. 2.

•Attachment is numbered as “1 of 2 total pages” but a second page was not attached.

•Legal description was not included for real property.

•Characterization of decedent’s property omitted. Examiner does not consider this defect to be fatal.

Recommend continuance to 05/03/22 to allow time to cure defects.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-0000530 ESTATE OF CHRISTINA LOUISE RUITER-NAMES

Inventory Review Hearing:

Letters issued 08/27/21. Inventory and Appraisal due 12/27/21.

Final Inventory and Appraisal not on file.

Recommend Account Review Hearing 09/15/22 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.

Inventory and Appraisal must be filed before next hearing.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000224 ESTATE OF ANGELA MARIE NEILL

Discharge Review Hearing continued from 09/02/21:

Ex Parte Petition for Final Discharge returned to attorney for correction on 11/16/21.

•$1,500 in reserved funds were still being retained.

•Need status of close of estate.

Appearance required (by VCourt if preferred).

 

 

PR-20-000765 ESTATE OF MARIAN MARGARET BANDUCCI

Discharge Review Hearing:

Receipts of Distribution on file. 

Account of $12,500.00 reserved funds not yet on file (see Local Rule 8.86).

Recommend continuance to 07/21/22 to allow time for filing of above pleading.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000903 ESTATE OF KAREN JOYCE WILSON AKA KAREN. J. WILSON

Discharge Review Hearing:

Receipts of distribution not on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 07/21/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000578 MATTER OF THE ROCHA FAMILY TRUST

Hearing on Petition to Compel Accounting, Determine Questions of Construction of Trust, Remove Trustee, Appoint Successor Trustees, Recover Trust Property and Impose Surcharge, Quiet Title, and Compel Sale and Distribution of Trust Property continued from 08/25/21, 11/30/21:

•Objection filed – 08/24/21.

•Possible long cause matter.

Hearing on First Account and Report of Trustee:

•Objection filed – 12/16/21.

•Possible long cause matter.

Need status of meet-and-confer.

Appearances required (by VCourt if preferred).

 

 

PR-19-000754 THE JACK W. AND PAULINE DUKE TRUST

Petition for Removal of Trustee and Appointment of Successor Trustee; Appointment of Temporary Trustee (PrC§§15642(b)(1); (b)(2); (b)(3); (b)(4); (e); 17200(b)(10)):

Notice of Hearing not on file.

Pleadings appear to duplicate Ex-Parte Application filed on the same date and heard on 10/28/21. 

If no one appears, the Court will order the matter dropped as being Moot.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001393 ESTATE OF JAIME G. MARTINEZ, AKA JAIME GABRIEL MARTINEZ

Hearing on Probate of Will and for Letters Testamentary:

Item 4 omitted (if will does not preclude administration under the IAEA).

Recommend continuance to 02/25/22 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001394 ESTATE OF KATHLEEN M. DUGAN SMETHURST, AKA KATHY SMETHURST

Hearing on Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 07/07/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001397 ESTATE OF WILLIAM U. HESS, AKA WILLIAM ULYSSES HESS

Hearing on Petition for Letters of Administration:

Petitioner is out-of-state resident. Petitioner is seeking order for deposit of estate funds into a blocked account in lieu of bond. Petition alleges that the asset of estate is decedent’s 1/3 interest in real property, approximately $50,000, the funds from the sale of which are what will be deposited into a blocked account.

•Recommend court order full bond of $50,000.00 pursuant to PrC§8571 in addition to order for deposit of sale proceeds in blocked account.

Recommend approval of Petition with bond.

Recommend Inventory Review Hearing 07/07/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001398 ESTATE OF RAQUEL MOLINA IBARRA, AKA RAQUEL M. IBARRA, RAQUEL IBARRA

Hearing on Petition for Letters of Administration:

Proof of publication not on file.

Recommend continuance to 03/11/22 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-19-001054 ESTATE OF HAROLD DAN WOODALL

Hearing on Second PrC§12200 Status Report of Administration:

•Notice of Hearing not on file at time of review as is required by PrC§12201(b).

Recommend continuance to 05/05/22 for personal representative to file Notice of Hearing pursuant to PrC§12201(b).

Appearance not required (by VCourt if preferred).

 

 

PR-20-000344 ESTATE OF MICHAEL EDWARD DUCEY, AKA MICHAEL E. DUCEY, MIKE DUCEY

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

• Paragraph 3 of Petition appears to contain a mathematical error in the calculation of costs of administration, or an item may have been omitted. The request for reimbursement in the same paragraph does not reflect the same mathematical error (it appears correct): Total on line 26 of page 2 incorrectly reflected as $1,860.30.

• Summary of Account, Exhibit F “Cash Reconciliation” reflects a $1,000.00 discrepancy between cash on hand described in the Inventory and Appraisal and cash on hand as calculated by the accountant. Report indicates CPA discovered this error. Need further explanation. A corrected Inventory and Appraisal may be needed. 

• Petition proposes an “Account Receivable” be established whereby the four co-owners of the real property, who are also the beneficiaries of decedent’s separate interest in the real property, will equalize the distribution of estate assets in the amount of ½ the funds the Estate put forward in order to conduct repairs on the real property so that it could be sold.

      o Petition does not indicate if this reimbursement has already been made or set forth a mechanism by which the Account Receivable is to be paid by the four beneficiaries.

              X If this reimbursement has not previously been made, recommend a deduction of the appropriate amount from the proposed distribution to each of these four beneficiaries.  Please file an amended calculation to allow for this reimbursement/deduction from distribution.

Recommend court vacate Inventory Review Hearing 02/03/22. 

Recommend continuance to 02/03/22 to allow time to address accounting defects and reimbursement to estate.

Appearance not required (by VCourt if preferred).

 

 

TUESDAY, JANUARY 25, 2022

Department 22

8:30 a.m.

 

PR-18-000891 ESTATE OF PHYLLIS CAROL SPEARS, AKA PHYLLIS C. SPEARS, PHYLLIS SPEARS

Discharge Review Hearing:

Receipts on distribution not on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 07/21/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000609 ESTATE OF JORGE ALEJO DELRIO

Related case No. PR-20-0000871

Inventory Review Hearing continued from 04/13/21, 08/18/21 and 10/13/21:

Letters issued 10/08/20.  Inventory and Appraisal due 02/08/21.

Final Inventory and Appraisal not on file.

PrC§12200 Status Report not on file. Recommend court consider directing report to be filed.

First Amended Petition for Conveyance or Transfer of Property Claimed to Belong to Estate; Double Damages; Attorney’s Fees continued from 04/13/21, 08/18/21 and 10/13/21:

Need status of meet-and-confer.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000871 ESTATE OF OFELIA ALEJO DELRIO

Related case No. PR-20-000609

Inventory Review Hearing continued from 04/13/21, 08/18/21 and 10/13/21:

Letters issued 12/23/20.  Inventory and Appraisal due 04/23/21.

Final Inventory and Appraisal not on file.

PrC§12200 Status Report not on file. Recommend court consider directing report to be filed.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000341 ESTATE OF MEK FRANK INTHAVONG

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

Recommend Account Review Hearing 09/20/22.

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

 

 

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

Account Review Hearing continued from 10/05/21:

First and Final Report of Administrator is on file, set hearing 03/09/22.

Hearing of 03/09/22 will be confirmed.

No appearance required (by VCourt if preferred).

 

 

PR-20-000437 ESTATE OF JAMES LYNDEN MUNIZ

Account Review Hearing continued from 08/31/21:

•Another Partial Inventory and Appraisal has been filed. The number of the partial I&A was omitted on both I&A’s (i.e. Partial No.:”1”, Partial No.:”2”).

•Final Inventory and Appraisal not on file.

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

•Court directed a PrC§12200 Status Report be filed prior to this hearing, per Minute Order 08/31/21.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

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

Consolidated into CV-18-004347 (lead case)

Petition for Relief from Breach of Trust; Negligence in Administration of Trust continued from 01/26/21, 03/24/21, 05/06/21, 06/03/21, 10/05/21:

Matter is moot, as Stipulation and Order of Consolidation was filed and trial set in related civil action.

No appearance required.

 

 

PR-21-000462 ESTATE OF ANTONIA JUAREZ 

Petition for Letters Testamentary continued from 07/28/21, 10/05/21:

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) 2002 Will is not self-proving (Local Rule 8.23 D).

•The (copy of the) 2002 Will waived bond as to the named Executors, not the Petitioner. 

•All heirs named in (the copy of) the 2002 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-20-000933 MATTER OF SIX TRUST

Petition for Breaches of Trust and Request for Damages continued from 01/26/21, 03/24/21, 05/06/21, 06/03/21, and 10/05/21:

Objection on file.

Possible Long Cause Matter.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000186 ESTATE OF BONIFACIO TOBAR 

Related Case No. PR-21-000535 (competing petition).

Petition for Letters of Administration (Petitioner E. Miranda) continued from 05/06/21, 06/08/21, 08/19/21, 10/13/21:

Nothing filed since previous hearing. Prior Notes remain:

•Need Waivers of Bond by Heirs or bond in amount of $500,000.00.

•A Will exists; Will must be addressed.

Need status of meet-and-confer.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000535 ESTATE OF BONIFACIO ARSE TOBAR AKA BONIFACIO TOBAR

Related case No. PR-21-000186 (filed first).

Petition for Probate of Will and for Letters Testamentary (Petitioner T. Lopez) continued from 08/19/21 and 10/13/21:

•Prior defects have been cured.

Need status of meet-and-confer.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

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

Related case: PR-21-000102 (Notice to Creditors, filed by Trustee)

Hearing on Petition to Invalidate Second and Third Amendments to the George J. and Edna Mae Miller Living Trust continued from 08/10/2021 and 10/05/21:

Objection filed 08/05/21.  

Possible Long Cause Matter.

Need status of meet-and-confer and discovery.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-001235 THE MORRIS FAMILY GRANTOR TRUST

Hearing on Petition for Order Terminating Trust Under Probate code § 15403 (PrC§17200(b)(13)):

Petition appears appropriate. Notice appears complete.

Recommend approval of Petition. Need formal Order with findings pursuant to PrC15403(b).

Appearance not required (by VCourt if preferred).

 

 

WEDNESDAY, JANUARY 26, 2022

Department 22

8:30 a.m.

 

PR-19-000569 ESTATE OF SHIRLEY ANN BRUMLOW

Petition for Final Distribution on Waiver of Account continued from 12/29/20, 02/23/21, 03/24/21, 06/30/2021, 08/24/21, 10/14/21:

Objection on file (02/18/21). Possible Long Cause Matter.

Need status of settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-001121 ESTATE OF PATRICK ANDREW SERES

Hearing on Amended (filed 03/25/21) First and Final Report and Petition for Final Distribution continued from 12/10/20, 4/21/21, 07/01/2021, 08/24/21, and 10/14/21:

Corrected Final Inventory and Appraisal is on file.

•It appears Administrator distributed estate funds without prior court approval (see Probate Code section 10501(a)(4)).

Please review Local Rules 8.69 and 8.83. The Local Rules are available for download at https://www.stanct.org/local-rules-fee-schedule 

•Waivers of Account by heirs not on file (see Probate Code section 10954). Waivers must be notarized.

•Itemization of costs of administration was not included in Report. Itemization is required whether or not reimbursement is sought.

•Declaration filed 02/22/21 indicates that the estate has been distributed already, but this was not explained in the Report.

•Report reflects that the Administrator received a claim from a mortgage company. A copy of the closing statement from the sale of the real property may be attached to any pleadings filed by the Administrator that clears these notes, in order to provide documentation that the mortgage has been dealt with.

•Notice of Hearing not on file reflecting service of the Amended Report. See Probate Code section 11000, 1206, and 1215. Form DE-121 may not be used for this purpose. Please see form DE-120.

•The Proposed Order was not completely filled out:

      oItem 4 was omitted (balance on hand for distribution).

      oItem 12, please include the specific dollar amount to be distributed to each heir. The court will compare the amounts stated on this document to the Ex-Parte Petition for Final Discharge.

Appearance by Administrator (self-represented) mandatory (by VCourt if preferred).

 

 

PR-20-000130 ESTATE OF WILLIAM R. THOMPSON 

Discharge Review Hearing:

Receipts on distribution not on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 07/21/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001061 ESTATE OF LINDA MAE GARBER

Inventory Review Hearing continued from 07/27/21, 09/29/21, and 10/13/21:

Prior Notes remain:

•Letters issued 01/29/21. Inventory and Appraisal due 05/29/21.

•Inventory and Appraisal not on file.

Petition for Elder Abuse; Determine Title and Require Transfer of Real Property to Estate and Attorneys’ Fees and Costs continued from 2/17/21, 01/21/21, 06/30/2021, and 10/13/21:

Objection on file – 01/22/21.

Possible Long Cause Matter.

Need status.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-001227 ESTATE OF MAURINE COOK

Inventory Review Hearing continued from 10/14/21:

Final Inventory and Appraisal is on file.

•Item 6 is checked, which does not appear to be correct (bond was not waived).

•Item 8 was omitted.

As attorney appeared in court 10/14/21 and addressed the above in open court, and proof of deposit is on file, Examiner does not consider the above to be fatal.

Receipts showing deposit of funds into blocked account was filed 11/29/21.

Recommend Account Review Hearing 07/14/22 when PrC§12200 Status Report will be due if Petition for Final Distribution is not on file.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000366 ESTATE OF DENNIS RAY BLACKWOOD

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

Recommend Account Review Hearing 09/14/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000804 ESTATE OF ROGER C. MULLER

Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 10/19/21:

No defects found in pleadings.

Objection filed 10/13/21.

Possible long-cause matter.

Need status of meet-and-confer.

Appearances required (by VCourt if preferred).

 

 

PR-18-000302 ESTATE OF DAVID R. BONILLA

Hearing on Petitioner’s Amended (filed 12/28/21) Notice of Motion and Motion to Enforce the Settlement Agreement Pursuant to CCP § 664.6:

SEE TENTATIVE RULING

 

 

PR-21-001242 THE MAXWELL HEINZLE SPECIAL NEEDS TRUST

Hearing on 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 (PrC§§ 3600-3613, CRC 7.903(c)):

Petition appears appropriate. Notice appears complete.

Recommend approval of Petition.

Recommend Account Review Hearing 03/28/23.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000230 MATTER OF RALPH P. SCHMIDT SPECIAL NEEDS TRUST

Transfer in review set per 09/01/21:

Receipt of Transfer is on file.

Hearing has been vacated.

No appearance required.

 

PR-19-000336 ESTATE OF JESSE WASHINGTON SILVA

Discharge Review Hearing 

Ex-Parte Petition for Final Discharge and Order was approved.

Hearing has been vacated.

No appearance required.

 

PR-19-000707 ESTATE OF OLIVIA BELMONTE CRUZ

Discharge Review Hearing 

Ex-Parte Petition for Final Discharge and Order was approved.

Hearing has been vacated.

No appearance required.

 

PR-20-000990 ESTATE OF WILLIAM ANDY FOX

Discharge Review Hearing 

Ex-Parte Petition for Final Discharge and Order was approved.

Hearing has been vacated.

No appearance required.

 

 

THURSDAY, JANUARY 27, 2022

Department 22

8:30 a.m.

 

PR-18-000503 ESTATE OF STEPHEN AUSTIN CAIN

Hearing on First and Final Account continued from 10/21/21:

Nothing filed since previous hearing. Prior Notes remain:

•Paragraph 1 states that decedent’s estate consists entirely of community property, which does not appear to be consistent with the corrected Inventory and Appraisal on file.

•Exhibit 4 (re: statutory compensation) misstates the value of decedent’s estate pursuant to the corrected Inventory and Appraisal.

•The resulting “fee base” appears to be incorrect, as well as the total statutory compensation.

The estate does not appear to be in a position to be closed, as several years of taxes may need to be filed.

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

 

 

PR-20-000007 ESTATE OF ARON CORCHADO

Hearing on Petition for Final Distribution on First and Final Accounting continued from 10/27/21:

Nothing filed since previous hearing. Prior Notes remain:

Legal description of real property, including assessor’s parcel number, omitted. See California Rule of Court 7.651(B)(3).

Proposed Order not yet submitted.

Appearance required (by VCourt if preferred).

 

 

PR-19-000313 ESTATE OF CARMEN E. RUBIO

PrC§12200 Status Report of Administration continued from 08/04/21:

Nothing filed since previous hearing. 

Recommend court set Account Review Hearing 05/26/22 for receipt of Petition for Final Distribution or, if estate is not in a position to be closed, Third PrC§12200 Status Report.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000886 ESTATE OF J. REFUGIO ARRIAGA

Account Review Hearing:

PrC§12200 Status Report is due.

Final Inventory and Appraisal item 7 was left incomplete (regarding sufficiency of bond).

Current bond does not appear sufficient. 

Proof of receipt of $5,000.00 deposit is not on file.

Recommend court set Bond Review 03/10/22.

Recommend court issue Order to Show Cause to Personal Representative and counsel to appear and show cause on 03/10/22 why the Personal Representative should not be sanctioned for failure to file proof of deposit.

Appearance by Personal Representative and counsel required (by VCourt if preferred).

 

 

PR-21-000762 ESTATE OF JAMES ALVIN BRINK

Spousal Property Petition continued from 10/13/21:

Nothing filed since previous hearing. Prior Notes remain:

•Notice of Hearing not on file for the Department of Health Care Services, nor Declaration that notice is not required (see Local Rule 8.17).

Appearance required (by VCourt if preferred).

 

 

PR-21-000765 ESTATE OF KAREN FARIAS

Related Case PR-21-001416, on calendar 02/03/22 (Petition to Determine Succsesion)

Motion to Object to Probate of Decedent’s Will and Request for an Investigation of Defendant’s Fraudulent Claim of Adult Abuse (filed by Richard Farias):

SEE TENTATIVE RULING (will be posted the afternoon of 01/26/22) https://www.stanct.org/tentative-ruling-announcements 

 

Amended Petition (filed 10/07/21) for Probate of Will and for Letters Testamentary continued from 10/13/21:

Prior Notes remain:

•Item 8 omits the names of all those mentioned in Will, whether living or deceased, and if deceased, their dates of death (Harley C. Winter)

Duties and Liabilities (form DE-147), item 2 omitted Petitioner’s telephone number.

Proof of publication not yet on file for Amended Petition [see California Rule of Court 7.53(a)].

Notice of (Amended) Petition to Administer Estate not yet on file [see California Rule of Court 7.53(a)].

Appearance required (by VCourt if preferred).

 

 

PR-21-000771 ESTATE OF HOWARD LYLE HARTVICKSON

Second Amended Petition (filed 12/17/21) for Probate of Lost Will and for Letters Testamentary continued from 10/13/21:

Prior Notes have been cured.

Recommend approval of Petition and admission of Will to probate.

•Need New Order which restates the terms of Lost Will (PrC§8223).

•Letters not yet submitted.

Recommend Inventory Review Hearing 07/12/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000815 ESTATE OF JONATHAN NICKOLAS WILLIAMS

Letters of Special Administration expire today unless extended.

Petition for Letters of Administration continued from 10/20/21:

Prior Notes remain:

Oath on Letters is dated prior to the signature by one petitioner on the petition (see PrC§8403).

Waivers of bond not on file for all heirs. 

•May need appointment of Guardian ad litem for bond waiver for heir.

•Supplement to Petition filed 10/12/21 seeks waiver of bond as there are currently no assets of the estate save for what may be recovered via litigation.

      oRecommend court order bond sufficient for estimated value of property as described in the Petition.

Proposed Order item 5a states bond not required.

Petition for Fraudulent Conveyance, Probate 850, Double Damages, Quiet Title, Constructive Trust, Concealment, Aiding & Abetting, and Civil Conspiracy continued from 10/20/21:

•Objection filed 10/25/21.

•Possible long-cause matter.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000102 THE GEORGE J. AND EDNA MAE MILLER LIVING TRUST

Related case: PR-21-000515 (Contested Trust action)

Status Review Hearing set by Probate Examiner following filing of a Notice to Creditors (PrC§§19040(b), 19052):

Recommend continuance of Status Review Hearing to 01/26/23. 

Recommend court provide notice of continuance via service of Minute Order to counsel for moving party.

No appearance required (by VCourt if preferred).

 

 

PR-21-001247 THE REGALADO FAMILY LIVING TRUST

Hearing on Petition for Order Confirming Trust Assets and Memorandum of Points and Authorities in Support Thereof (PrC§850):

Petition appears appropriate. Notice appears complete.

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

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, 09/15/21 and 09/28/21:

Ex-Parte Petition for Final Discharge and Order was approved.

Hearing has been vacated.

No appearance required.

 

Last updated: January 14, 2022 2:51 PM