June 19, 2019

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Probate Notes
  •   Questions regarding fees, forms or status of orderes should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 between the hours of 8:00 a.m. -  4:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at 209-530-3180 or nina.wendt@stanct.orgDue to the volume of calls received by the Probate Examiner, it may be necessary for you to leave a message. Telephone calls are returned daily at 11:00 a.m. and 4:00 p.m.

It is the goal of the examiner to have probate notes posted five (5) calendar days prior to the hearing. If defects are noted, they mus t be corrected prior to approval of the moving papers.  If you are filing documents to cure technical defects, file-marked copies must be delivered to the Probate Examiner, City Towers Courthouse, 801 Tenth Street, Sixth Floor, Modesto, CA, at least three court days prior to the hearing (if filed less than five court day prior to the hearing, there will be a $25.00 late filing fee for each document).  For your convenience, a Drop Box is located at the security desk on the sixth floor.  If the door is closed, please slide your documents under the door.

Probate notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance. 

TUESDAY, JUNE 18, 2019

 

Department 22

8:30 a.m.

 

2201173 ESTATE OF GURMIT SINGH

Discharge Review Hearing continued from 12/18/18:

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

Appearance by counsel mandatory.

 

2201256 MATTER OF JOSEPH AND CARRIE AMARAL 1995 TRUST

First Amended Petition/Complaint filed by attorney Bruce E. Ramsey continued from 08/21/18, 09/28/18, 12/14/18, 03/01/19 and 04/18/19:

  • Need status re mediation.

Appearance by counsel mandatory.

 

2201365 ESTATE OF ANTHONY R. GARCIA
Account Review Hearing.

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

Recommend continuance to 08/13/19 as requested by personal representative to allow time to complete and file petition.

Appearance by personal representative (pro per) not required.

 

2201487 ESTATE OF VIRGINIA IRENE ANDERSON

Account Review Hearing.

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

Appearance by personal representative (pro per) mandatory.

 

2201498 ESTATE OF IRA DAWEN PARKS

Account Review Hearing.

Petition for Final Distribution on Waiver of Account:

  • Waivers of Account signatures require notarization.
  • Caption of Petition in correct (it cannot be both a first and final account and waiver of account).
  • Need explanation as to how the administrator’s compensation in the amount of $8,200.00 is to be paid since there is no cash in estate.
  • Need itemization of all costs of administration (i.e., filing fees, certification fees, publication fees, probate referee fees, etc.) and whether or not reimbursement is requested.
  • Prayer on page 7 of petition does not request payment of administrator’s compensation as set forth in paragraph 21 of the petition.
  • Need real property description and APN included in petition.
  • Need Notice of Hearing for 08/13/19 hearing and including full and proper title of petition
  • Need Order (not Judgment) with revisions required pursuant to petition.

Recommend continuance to 08/13/19 to allow time to cure defects.

Appearance by personal representative (pro per) not required.

 

PR18000515 ESTATE OF BARBARA BUDROW

Inventory Review Hearing continued from 04/18/19.

No documents filed since prior hearing date.  Prior notes remain:

  • Partial No. 1 Inventory and Appraisal on file.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory.

 

PR18000622 ESTATE OF FRANCISCO ROMO GONZALEZ

Related Case No. PR19000438.

Petition for Letters of Administration continued from 12/21/18, 02/08/19, 03/28/19 and 05/31/19.

No documents filed since prior hearing.  Prior notes remain:

  • May require bond as not all beneficiaries have signed Waivers.
  • Objection on file.
  • Competing Petition for Letters of Administration under Related Case No. PR19000438.

Possible Long Cause Matter.

Appearance by petitioner (pro per) and counsel.

 

PR19000251 ESTATE OF PAULINE DUKE

Related Case No. PR19000411.

Petition for Probate of Will and for Letters Testamentary filed by attorney Rodney A. Augustine on behalf of decedent’s son, David W. Duke.

  • Objection filed by attorney Robert V. Garcia on behalf of decedent’s grandson, Christopher W. Duke.
  • Competing petition filed by attorney Robert V. Garcia on behalf of decedent’s grandson, Christopher W. Duke.

Petition for Issuance of Citation Requiring Christopher Duke to Appear and Account for Estate Property filed by attorney Rodney A. Augustine and Steven Klamm on behalf of David W. Duke, son of decedent.

  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000312 MATTER OF MARTHE SMITH REVOCABLE TRUST

Petition to Modify Trust.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000411 ESTATE OF PAULINE DUKE

Related Case No. PR19000251.

Petition for Appointment of Will and for Letters Testamentary.

  • No technical defects.
  • Objection on file.
  • Competing petition filed by attorney Rodney A. Augustine on behalf of decedent’s son, David W. Duke.

Appearance by counsel mandatory.

 

PR19000433 ESTATE OF CHESTER MICHAEL RIVERS

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/18/19.

Court will sign submitted order, appearance not required.

 

PR19000438 ESTATE OF FRANCISCO ROMO GONZALEZ

Related Case No. PR18000622.

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/18/19.

  • Competing Petition for Letters of Administration under Related Case No. PR19000622.

Possible Long Casue Matter.

Appearance by counsel mandatory and petitioner (pro per).

 

PR19000450 MATTER OF FERN ALICE GUTHRIE

Petition to Determine Succession to Real Property:

  • Need dates of death for predeceased listed on Attachment 14.
  • Grandchildren appear to be entitled to a one-third (1/3rd) interest in real property.
  • Need copy of deed showing current title to real property.
  • Need proof of service to Department of Health Services.
  • Need revised Order.

Recommend continuance to 08/13/19 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, JUNE 19, 2019

 

Department 7

8:30 a.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Court Trials and Law and Motion Matters.

See Tentative Rulings.

 

Department 22

8:30 a.m.

 

402542 ESTATE OF ROBERT P. JORGENSEN

Account Review Hearing continued from 03/07/18, 02/016/19 and 05/08/19.

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

Recommend Discharge Review Hearing 01/17/20.

Court will sign submitted order, appearance not required.

 

445552 MATTER OF VICTORIA RUBALCAVA SPECIAL NEEDS TRUST

Petition to Approve Third Account and Report of Trustee, to Approve Increase in Caregiver Wages, to Invest in Mutual Funds and Bonds, to Confirm Trustee’s Fees, and to Approve Attorney’s Fees recommended for approval.

Recommend Account Review Hearing 06/18/21.

Court will sign submitted order, appearance not required.

2201477 ESTATE OF BARBARA JEAN BERRY

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

Recommend Discharge Review Hearing 01/17/20..

Court file review not yet complete.  Please recheck website.

 

PR18000042 ESTATE OF VERA BORIS SADKOVSKY

Account Review Hearing:

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

Appearance by counsel mandatory.

 

PR18000052 ESTATE OF MARIA A. MARTINEZ

Account Review Hearing.

Recommend confirm 08/06/19 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR19000212 MATTER OF WILLIAM W. VENOBLE TRUST

Petition for an Order Declaring Transfer of Trust Real Property Void; Suspend and Remove Trustee and Appoint Successor Trustee; and for Other Relief for Breach of Trustee’s Fiduciary Duties continued from 05/15/19:

  • Need proof of personal service to trustee.

Recommend further continuance to 08/14/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000262 MATTER OF ALAN J. MATTERI TRUST

Petition for Order Confirming Trust Assets continued from 05/29/19:

  • Need names, relationships and addresses of those who hold an interest in the real property.
  • Need Order.

Recommend further continuance to 08/14/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000300 ESTATE OF ROBERT ERSKINE DUNCAN

Petition for Probate of Will and for Letters of Administration with Will Annexed:

  • Need Notice of Petition to Administer Estate and proof of service to all persons named in Will.
  • Need Order for Probate.

Recommend further continuance to 08/14/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000383 MATTER OF KENNETH EDWIN SINCLAIR

First Amended Spousal Property Petition:

  • Item 10 does not include all persons named as executor in Will.
  • Need copy of deed showing current title.
  • Notice of Hearing is mandatory form including the proof of service.

Recommend further continuance to 08/14/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000440 ESTATE OF ROBERT E. HEINZLE

Petition for Letters of Administration recommended for approval (may require bond unless Waivers of Bond by Heirs filed).

Recommend Inventory Review Hearing.12/19/19.

Appearance by counsel mandatory.

 

PR19000453 ESTATE OF JACK D. BAXTER

Petition for Probate of Will and for Letters of Administration with Will Annexed:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Incorrect box marked in Caption as petitioner named as executor in the Will.
  • Item 2b(2) of petition inappropriately marked.
  • Item 3e(3) of petition inappropriately marked.
  • Item 3g(2) of petition inappropriately marked.
  • Item 5a(2)(a) of petition omitted.
  • Item 5a(2)(b) of petition inappropriately marked.
  • Item 5a(3) or (4) of petition omitted.
  • Item 8 of petition does not list all persons named in Will.
  • Need Family Tree for decedent.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Need Notice of Petition to Administer Estate with proof of service to all persons named in Will.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 08/14/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000461 ESTATE OF HARRY LEWIS THOMPSON

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

Recommend Inventory Review Hearing 12/19/19.

Court will sign submitted order, appearance not required.

 

PR19000472 ESTATE OF SAORITHY THOU

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/19/19.

Court will sign submitted order, appearance not required.

 

THURSDAY, JUNE 20, 2019

 

Department 22

8:30 a.m.

 

336872 ESTATE OF NORA NARAGHI

Related to Case No. 387757 and 444380.

Status Review Hearing continued from 07/22/14, 01/22/15, 02/11/16, 08/18/16, 03/28/17, 10/03/17, 10/23/18 and 05/16/19.

  • Need status re administration.

Petitioner Sharon Naraghi’s Motion to Appoint Replacement of Arbitrator – 

See Tentative Rulings.

 

387757 ESTATE OF HASHEM NARAGHI

Related to Case No. 336872 and 444380.

Status Review Hearing continued from 07/22/14, 01/22/15, 02/11/16, 08/18/16, 

03/28/17, 10/03/17, 10/23/18 and 05/16/19.

  • Need status re administration.

Petitioner Sharon Naraghi’s Motion to Appoint Replacement of Arbitrator – 

See Tentative Rulings.

 

444380 MATTER OF NORA AND HASHEM NARAGHI SEPARATE PROPERTY TRUST

Related to Case No. 336872 and 387757.

Status Review Hearing continued from 07/22/14, 01/22/15, 02/11/16, 08/18/16, 

03/28/17, 10/03/17, 10/23/18 and 05/16/19.

  • Need status re administration.

Petitioner Sharon Naraghi’s Motion to Appoint Replacement of Arbitrator –

See Tentative Rulings.

 

2201075 ESTATE OF JOSE GUADALUPE ALONZO

Account Review Hearing:

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

Appearance by counsel mandatory.

 

2201279 ESTATE OF LILLI ERIKA CUMMINGS

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

Court file review not yet complete.  Please recheck website.

 

2201391 ESTATE OF JOANNE LEE SILVA

Account Review Hearing continued from 05/09/19.

First and Final Account and Report and Petition for Final Distribution

Court file review not yet complete.  Please recheck website.

 

PR18000639 ESTATE OF BEVERLY JUNE CARPENTER

Inventory Review Hearing:

  • Letters issued 02/01/19.  Inventory and Appraisal due 06/01/19.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory.

 

PR19000476 ESTATE OF SCOTT TZU-CHING YANG

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/20/19.

Court will sign submitted order, appearance not required.

 

PR19000484 ESTATE OF KARL ANTONY KETTNER

Report of Sale and Petition for Order Confirming Sale of Real Property located at 1725 Gene Road, Ceres, CA (APN:  040-013-021) for sales price of $145,000.00 (first overbid $152,750.00).

Recommended for approval.

Appearance by counsel mandatory.

 

PR19000486 MATTER OF ROBERT K. LEE

Spousal Property Petition:

  • Need Attachment 7.
  • Need copy of deed showing current title.
  • Need proof of service to Department of Health Services.
  • Need Order.

Recommend continuance to 08/15/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000493 MATTER OF WILMA JEAN EDWARDS

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

Department 24

8:30 a.m.

 

PR18000384 ESTATE OF RALPH JAMES HARRELSON II 

Related Case No. PR18000676.

Petition for Letters of Administration filed by George P. Rodarakis on behalf of creditor continued from 09/20/18, 10/25/18, 12/20/18, 02/20/19, 03/21/19 and 05/15/19:

  • Need bond in amount of $20,000.00 (minimum amount).
  • Objection on file.

Appearance by counsel mandatory.

 

PR18000676 ESTATE OF RALPH JAMES HARRELSON II

Related Case No. PR18000384.

Competing Petition for Letters of Administration filed by Eric T. Nielsen and Jason Pink on behalf of surviving spouse continued from 12/04/18, 12/20/18, 03/21/19 and 05/15/19 recommended for approval (surviving spouse has priority for appointment).

Recommend Inventory Review Hearing 11/15/19.

Appearance by counsel mandatory.

 

FRIDAY, JUNE 21, 2019

 

Department 22

8:30 a.m.


2201368 ESTATE OF JUANITO LIGERALDI ESGUERRA

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

Recommend vacate 07/10/19 Account Review Hearing.

Court file review not yet complete.  Please recheck website.

 

2201479 ESTATE OF MICHAEL HAROLD WATSON

Account Review Hearing 06/21/19.

No documents filed since prior hearing.  Prior notes remain:

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

Appearance by counsel mandatory.

 

PR18000598 ESTATE OF ROBERT DEWITT BOWMAN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/07/20.

Appearance by personal representative (pro per) not required.

 

PR19000410 MATTER OF LILLIAN A. CRAELIUS REVOCABLE TRUST

Petition for Appointment of Successor Trustee.

Recommended for approval.

Court will sign submitted order, appearance by counsel not required. 

 

PR19000501 ESTATE OF FRANK CARRERA JR.

Petition for Letters of Administration:

  • Item 1 of petition omits name of newspaper (The Modesto Bee).
  • Item 3c of petition omits county.
  • Item 8 of petition omits relationship.
  • Need Letters with original signature.

Recommend continuance to 08/16/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000504 ESTATE OF DAVID GEORGE TARONE

Petition for Letters of Administration:

  • Item 1 of petition omits name of newspaper.
  • Item 3g(2)(a) of petition omitted.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 08/16/19 to allow time to cure defects.

Appearance by counsel not required.

Last updated: June 17, 2019 4:23 PM