October 25, 2020

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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 opt 6/opt 4 between the hours of 8:15 a.m. -  3:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at nina.wendt@stanct.org.  Telephone calls can be directed to the Probate Unit as set forth above.

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 must 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.  For your convenience, a Drop Box is located on the Fourth floor.

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

MONDAY, OCTOBER 26, 2020

No probate matters scheduled.

 

TUESDAY, OCTOBER 27, 2020

Department 22

8:30 a.m.

 

444857 MATTER OF KATHERINE O’KEEFE SPECIAL NEEDS TRUST

Account Review Hearing continued from 06/10/20 and 08/25/20.

Recommend continuance to 12/02/20 as requested by attorney to allow time to complete and filed Eighth Account and Report of Successor Trustees.

Appearance by counsel not required.

 

2200737 ESTATE OF HENRY JOSEPH HARMON

Amended Spousal Property Petition.

Recommended for approval.

Inventory Review Hearing continued from 05/03/17, 08/02/17, 12/21/17, 12/11/18, 09/13/18, 12/11/18, 02/27/19, 05/30/19, 07/09/19, 09/04/19, 11/13/19, 01/15/20, 06/09/20 and 08/27/20, and Account Review Hearing continued from 12/21/17, 01/12/18, 09/13/18, 02/279, 05/30/19, 07/09/19, 09/04/19, 11/13/19, 01/2020, 06/09/20 and 08/27/20:

  • Need Request for Dismissal of probate matter.

Appearance by counsel mandatory by VCourt.

 

2200857 ESTATE OF BERNICE D. ECKERSLEY

Discharge Review Hearing continued from 03/06/20, 05/08/20 and 07/23/20:

  • Need copies of checks or Receipts on Distribution.

Appearance by counsel mandatory by VCourt.

 

2201031 ESTATE OF ELIZABETH AVILA AZEVEDO

Order to Show Cause continued from 08/26/20:

  • Re:  Possible $300 sanction for failure to appear at prior hearings.

Account Review Hearing continued from 09/12/19, 11/13/19, 12/11/19, 02/27/20, 06/11/20 and 08/26/20:

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

Petition to Determine Nature and Extent of Decedent’s Community Property Interest continued from 11/13/19, 12/11/19, 02/27/20, 06/11/20 and 08/26/20:

  • No subpoena to Paulo Henrique Azevedo on file as ordered 12/11/19.

Appearance by counsel mandatory by VCourt.

 

2201037 ESTATE OF PETER K. BERRY

Discharge Review Hearing continued from 08/25/20.

No documents filed since prior hearing.  Prior notes remain:

  • Need Receipt for Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need explanation re submitted Amended Order for Final Distribution (no Ex Parte Petition filed along with Amended Order).

Appearance by counsel mandatory by VCourt.

 

2201197 ESTATE OF MARIE LUPE HARTER

Account Review Hearing continued from 10/16/18, 12/27/19, 02/21/19, 03/27/19, 07/10/19, 12/11/19, 06/09/20 and 08/27/20.

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel mandatory by VCourt.

 

2201228 ESTATE OF AUGUSTINA SALAZAR

Discharge Review Hearing continued from 06/09/20 and 08/27/20.

No documents filed since prior hearings.  Prior notes remain:

  • Need Ex Parte Petition for Discharge and Order submitted for signature.

Appearance by counsel mandatory by VCourt.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Petition for Final Distribution on Waiver of Account continued from 04/21/20, 07/01/20 and 08/26/20:

  • Waivers of Accounting signatures require notarization.
  • Need Order listing assets on hand for distribution.

Recommend continuance to 12/02/20 to allow time to cure defects.

Appearance by personal representatives (pro per) not required.

 

2201463 ESTATE OF JOSEPH ANTHONY SANDOVAL

Account Review Hearing continued from 01/08/20, 04/20/20, 06/11/20 and 08/26/20.

No documents filed since prior hearing.  Prior notes remain:

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

Appearance by counsel mandatory by VCourt.

 

2201498 ESTATE OF IRA DAWEN PARKS

Discharge Review Hearing continued from 06/12/20 and 08/26/20.

Recommend continuance to 12/02/20 to allow time for Receipts and Ex Petition for Final Discharge and Order with recording information to be submitted for signature.

Appearance by personal representative (pro per) not required.

 

PR18000439 ESTATE OF RANDY CURTIS NEWTON

Order to Show Cause:

  • Re:  Failure to appear at prior hearing.

PrC§12200 Status Report of Administration continued from 01/14/20, 02/26/20, 04/02/20, 06/11/20 and 08/26/20.

No documents filed since prior hearings.  Prior notes remain:

  • Need $140.00 balance of $200.00 filing fee.
  • Need Notice of Hearing pursuant to PrC§12201 (use mandatory judicial form DE-120 revised as of January 1, 2020).

Appearance by counsel ordered and mandatory by VCourt.

 

PR19000162 ESTATE OF ROBERT VICTOR EMLING 

Inventory Review Hearing continued from 10/16/19, 12/04/19, 01/15/20, 03/04/20, 04/08/20, 06/17/20, 07/30/20 and 08/27/20 

Final Inventory and Appraisal on file. 

Account Review Hearing continued from 07/30/20 and 08/27/20. 

Recommend confirm 01/14/20 on Amended First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

PR19000278 ESTATE OF KARILYN LOUISE READSHAW 

PrC§12200 Status Report of Administration continued from 08/26/20. 

No documents filed since prior hearing.  Prior notes remain the same: 

  • Need Notice of Hearing. 
  • Minimum bond amount $20,000. 

Appearance by counsel mandatory by VCourt.

 

PR19000345 ESTATE OF JESSE G. ULLOA 

PrC§12200 Status Report of Administration. 

Recommend continuance to 04/27/21 as requested to allow time for sale of real property. 

Appearance by counsel not required.

 

PR19000371 ESTATE OF MARGO SUZANNE BARELA 

Amended Petition for Letters of Administration (do not file another amended petition). 

  • Item 2b of petition omits name. 
  • Item 2b(3) of petition omitted. 
  • Item 3f(2) of petition needs explanation as it indicates there is a Will. 
  • Item 3e(3) of petition omitted. 
  • Item 3f(3) of petition inappropriately marked as no Will attached. 
  • Item 3g(1)(d) of petition inappropriately marked as no Will attached. 
  • Item 6 of petition inappropriately marked. 
  • Item 7 of petition inappropriately marked. 
  • Need Waivers of Bond by Heirs. 
  • Need Notice of Petition for Administration of Estate. 
  • Need Duties and Liabilities of Personal Representative.
  • Need Proof of Publication. 
  • Need Order for Probate. 
  • Need Letters of Administration with original signature. 

Appearance by petitioner (pro per) mandatory by VCourt.

 

PR19000695 ESTATE OF ROSALINDA ISLAS 

Related Case No. PR20000200. 

Ancillary Petition for Letters of Administration recommended for approval with $240,000 bond continued from 08/29/19, 10/24/19, 12/13/19, 03/13/20, 04/03/20, 06/12/20 and 08/26/20: 

  • Objection on file. 
  • Competing Petition for Letters of Administration filed under Related Case No. PR20000200. 

Possible Long Cause Matter. 

Appearance by counsel mandatory by VCourt.

 

PR19000889 ESTATE OF VIRGINIA MAE PETTY 

Account Review Hearing. 

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

Recommend Discharge Review Hearing 04/27/21. 

Court will sign submitted order, appearance not required.

 

PR19001037 ESTATE OF DAVID DOUGLASS 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

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

Recommend Account Review Hearing 08/31/21. 

Appearance by counsel not required.

 

PR19001058 ESTATE OF VICTORIA V. CARRILLO 

Inventory Review Hearing. 

Recommend continuance to 03/30/21 to allow time for Final Inventory and Appraisal to be completed and filed. 

Appearance by counsel not required.

 

PR19001088 ESTATE OF JANAGHA WALIMOHAMMAD 

Spousal Property Petition continued from 02/04/20, 04/07/20 and 06/16/20: 

  • Objection on file. 

Possible Long Cause Matter. 

Appearance by counsel mandatory by VCourt.

 

PR19001229 ESTATE OF LARRY M. MANES 

Inventory Review Hearing continued from 08/06/20. 

No documents filed since prior hearing.  Prior notes remain: 

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

Appearance by counsel mandatory by VCourt.

 

PR19001273 MATTER OF JAMES GARCIA

Petition to Compel Return of Estate Property; for Damages and for Attorney Fees and Costs continued from 02/04/20, 03/11/20, 06/20/20 and 08/25/20. 

Recommend continuance to 12/10/20 hearing on Motion to Be Relieved as Counsel. 

Appearance by counsel not required.

 

PR19001274 ESTATE OF MARC DORVILIAS 

Petition for Final Distribution on Waiver of Account: 

  • Need confirmation of signature on Property Tax Certificate on file. 
  • Need Waivers of Account with notarized signatures. 
  • Need assets on hand for distribution. 
  • Need Order (not Judgment) including assets on hand for distribution. 

Recommend continuance to 12/02/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000072 ESTATE OF DANIEL McCURRY 

Inventory Review Hearing continued from 08/28/20: 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 03/04/21. 

Appearance by counsel not required.

 

PR20000200 ESTATE OF ROSALINDA ISLAS 

Related Case No. PR19000695 (competing petition). 

Petition for Letters of Administration filed by petitioner (pro per) and attorney Claudine Sherron substituted in 03/12/20, 06/12/20 and 08/26/20: 

  • Need $240,000 bond. 
  • Need verification for Declaration signed by attorney along with proof of service. 
  • Notice of Petition to Administer Estate defective as mailed c/o.  If the person toceive notice is represented by an attorney, notice should be mailed to the party and to his/her attorney per CRC7.51(b) and PC§1214. 
  • Need Proof of Publication. 
  • Need Order. 
  • Need Letters. 

Possible Long Cause Matter. 

Appearance by counsel mandatory by VCourt.

 

PR20000230 MATTER OF RALPH P. SCHMIDT SPECIAL NEEDS TRUST 

Second Account and Report of Temporary Successor Trustee recommended for approval. 

Recommend Discharge Review Hearing 04/27/21. 

Court will sign submitted order, appearance not required.

 

PR20000313 ESTATE OF CARLOS J. PASILLAS 

Petition for Letters of Administration continued from 06/23/2, 08/05/20 and 08/27/20. 

No documents filed since prior hearings.  Prior notes remain: 

  • Item 3g(2)(a) of petition omitted. 
  • Item 6 of petition inappropriately marked as there is living issue (children). 
  • Item 7 of petition inappropriately marked as there is living issue (children). 
  • Item 8 of petition omits petitioner. 
  • Need Waiver of Bond by petitioner. 
  • Notice of Hearing (form DE-120) not appropriate when filing petition for probate. 

Appearance by counsel mandatory by VCourt.

 

PR20000387 MATTER OF JOHN SUMMERS 

Petition to Determine Succession to Real Property continued from 06/26/20 and 08/28/20: 

  • Objection on file. 

Possible Long Cause Matter. 

Appearance by counsel mandatory by VCourt.

 

PR20000409 ESTATE OF FRANCES SHEILA HALLMEYER 

Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 08/04/20 and 08/27/20 recommended for approval. 

Recommend Inventory Review Hearing 04/27/21. 

Court will sign submitted order, appearance not required.

 

PR20000420 MATTER OF MANUEL HERNANDEZ DIAZ 

Spousal Property Petition continued from 08/05/20 and 08/27/20. 

Recommended for approval. 

Court will sign submitted order, appearance not required. 

Need Order.

 

PR20000471 MATTER OF MARCOS N. ZAPIEN TRUST 

Petition for Removal and Surcharge of Trustee; for Return of Property to the Trust; for Damages; Petition for Trust Accounting; Petition for Appointment of Successor Trustee; Petition to Impose Constructive Trust; Petition to Require Trustee Bond continued from 08/12/20 and 08/27/20. 

  • Need proof of personal service to Trustee (service made to attorney’s office, not personally to Trustee). 
  • Need Order. 

Appearance by counsel mandatory by VCourt.

 

PR200000500 MATTER OF DOROTHY D. LASSWELL TRUST 

Petition for Accounting, for Return of Trust Property; for Surcharge of Trustee; and for Damages continued from 08/26/20: 

  • Objection on file. 
  • Cross-Complaint on file. 
  • Objection to Cross-Complaint on file. 

Possible Long Cause Matter. 

Recommend continuance to 12/15/20 hearing on Cross-Complaint.

Appearance by counsel not required.

 

PR20000678 ESTATE OF DENNIS F. GOUVEIA 

Petition for Letters of Administration recommended for approval with $20,000 bond. 

Recommend Inventory Review Hearing 04/27/21. 

Court will sign submitted order, appearance not required.

 

PR20000690 ESTATE OF VERNON RAY WALLWEBER 

Petition for Letters of Administration: 

  • Item 3c of petition omits county. 
  • Item 3g(2)(c) of petition omitted. 
  • Need Order. 
  • Need Letters. 

Recommend continuance to 12/02/20 to allow time to cure defects. 

Appearance by counsel not required.

 

Department 23 

8:30 a.m.

 

84236 MATTER OF REIANNA DELGADO REVOCABLE TRUST 

Account Review Hearing continued from 06/10/20 and 08/26/20: 

Need Eighth Account and Report of Trustee. 

Appearance by counsel mandatory by VCourt.

 

WEDNESDAY, OCTOBER 28, 2020

Department 22

8:30 a.m.

 

2200841 ESTATE OF JACINTO CAETANO OLIVEIRA

Discharge Review Hearing continued from 05/13/20 and 07/28/20:

  • Need Ex Parte Petition for Discharge and Order submitted for signature.

Appearance by counsel mandatory by VCourt.

 

2201099 ESTATE OF LAURA LEIHALANI SAPP

Order to Show Cause issued to David Sotelo:

  • Re:  Possible $300.00 sanction for failure to appear at prior hearing.

Discharge Review Hearing continued from 12/03/19, 04/30/20, 07/16/20 and 09/03/20.

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel and David Sotelo (ordered) and mandatory by VCourt.

 

2201122 ESTATE OF EDWARD D. SANTANA 

PrC§12200 Status Report of Administration continued from 02/11/20 and 06/11/20.

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

Recommend Discharge Review Hearing 04/28/21.

Court will sign submitted order, appearance not required.

 

2201245 ESTATE OF LORRAINE GEHEGAN

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing.

Recommend continuance to 12/02/20 to allow time to give notice.

Appearance by counsel not required.

 

PR18000650 ESTATE OF JOELLA SARGENT

Account Review Hearing continued from 01/09/20 and 06/11/20:

PrC§12200 Status Report of Administration continued from 01/09/20 and 06/11/20.

  • Need status re meet and confer and sale of real property.

Appearance by counsel mandatory by VCourt.

Petition for Final Distribution or next PrC§12200 Status Report of Administration due 12/03/20.

 

PR19000868 ESTATE OF WALLAC E W. PRAHSER

Petition for Final Distribution on Waiver of Account:

  • Need copy of Wallace W. Prahser Irrevocable Trust for minors.
  • Distribution to minors should be made to trustee(s) of the trust.

Recommend continuance to 12/01/20 to coincide with Account Review Hearing.

Appearance by counsel not required.

 

PR19000890 ESTATE OF JACK B. DALY

Inventory Review Hearing continued from 06/11/20.

No documents filed since prior hearing.  Prior notes remain the same:

  • Letters issued 12/05/19.  Inventory and Appraisal due 04/05/20.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by VCourt.

 

PR19000912 ESTATE OF GAYLE CANEPA

Account Review Hearing:

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

Appearance by counsel mandatory by VCourt.

 

PR19000933 ESTATE OF LESLIE PAUL CONLEY

Account Review Hearing.

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

Recommend Discharge Review Hearing 04/28/21.

Court will sign submitted order, appearance not required.

 

PR19000968 ESTATE OF JAMES KEITH WELLS

Inventory Review Hearing continued from 06/10/20:

  • Letters issued 12/11/19.  Inventory and Appraisal due 04/11/20.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by VCourt.

 

PR20000052 ESTATE OF AUGUSTINE STANLEY AZEVEDO

Related to Case No. PR19001144 (Letters issued 08/17/20).

Amended Petition for Letters of Administration with bond in amount of $108,000:

  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signature.

Appearance by counsel mandatory by VCourt.

It appears that this matter needs to be dismissed pursuant to 08/07/20 Court Trial.

 

PR20000444 MATTER OF JOSEPH & GEORGANNA PARSONS TRUST

Amended Petition to 1. Object to First Account; 2. Remedy Breach of Trust; and 3. Determine Title to and Require Transfer of Personal Property to Bypass Trust.

Submitted to Judge for determination.

Appearance by counsel mandatory by VCourt.

 

PR20000686 ESTATE OF JEFFREY DEWAIN ROY

Petition for Probate of Lost Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving,
  • Item 8 does not list all names exactly as they appear in Will.
  • Need proof of service of Inventory and Appraisal to beneficiaries.

Recommend continuance to 12/03/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

Proof of Holographic Instrument is used when the document is handwritten.

Last updated: October 23, 2020 10:29 AM