August 9, 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, AUGUST 10, 2020

Department 21

1:30 p.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Status Review Hearing:

  • Re: Sale of Snelling Ranch.

Case Management Conference.

  • Re:  Appellant Counsel’s Petition for Fees.

Appearances required.

 

TUESDAY, AUGUST 11, 2020

Department 22

8:30 a.m.

 

PR18000120 ESTATE OF MARTHA JANE CANDELARIA

Account Review Hearing:

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

Appearance by counsel mandatory by CourtCall.

 

PR18000239 ESTATE OF ROBIN JEAN McCOY

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

Recommend Discharge Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR19000440 ESTATE OF ROBERT E. HEINZLE

Account Review Hearing.

Recommend confirm 10/29/20 hearing on PrC§12200 Status Report of Administration.

Appearance by counsel not required.

 

PR19000446 ESTATE OF ELDON ROY LYONS

Petition for Final Distribution on Waiver of Account:

Recommend continuance to 08/25/20 to allow additional time for review.

Appearance by counsel not required.

 

PR19000647 ESTATE OF ANDRIA LIGHT

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

Recommend Discharge Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR19001191 ESTATE OF LINDA LOUISE BUTLER

Inventory Review Hearing:

  • Letters issued 01/13/20.  Inventory and Appraisal due 05/13/20.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by CourtCall.

 

PR19001307 ESTATE OF JEAN FRANCOIS JACQUES ROMEY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/17/21.

Appearance by counsel not required.

 

PR20000436 ESTATE OF CAROL E. GILBERT

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

Recommend Inventory Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

Need bond before Letters can be issued.

 

PR20000437 ESTATE OF JAMES LYNDEN MUNIZ

Petition for Probate of Will and for Letters Testamentary:

  • Item 4 of petition omitted.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(5) or (6) of petition omitted.
  • Item 8 of petition inappropriately includes c/o for minor.
  • Notice of Petition to Administer Estate Proof of Service by Mail defective as mailed c/o another party.  Notice inadequate per CRC7.51(2).  A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person. If the person to receive 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. Notice to a minor must be sent directly to the minor.  A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides.  (CRC7.51(d)).

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000445 ESTATE OF KATHERINE JUNE STUART

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR20000447 MATTER OF GUADALUPE TIRADO

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR20000470 MATTER OF BRIAN A. WYATT TRUST

Petition for Conveyance or Transfer of Property Claimed to Belong to Trust.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

WEDNESDAY, AUGUST 12, 2020

Department 22

8:30 a.m.

 

PR18000751 ESTATE OF BERNICE SARAH HAGERTY

PrC§12200 Status Report of Administration continued from 03/12/20:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory by CourtCall.

 

PR19000134 ESTATE OF JOAN A CRUICKSHANK

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

Recommend Discharge Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR19000251 ESTATE OF PAULINE DUKE

Related Case No. PR19000411 and PR19000754.

Account Review Hearing:

  • Need accountings filed under Related Case No. PR19000754.

Law and Motion:

Christopher Duke’s Motion to Compel Further Responses to Request for Production and Inspection of Documents and Request for Monetary Sanctions (originally fled on 06/17/19) continued from 07/07/20 on Court’s Motion.

See Tentative Ruling.

 

PR19000421 ESTATE OF MARVIE MARCOS LOPEZ

Account Review Hearing.

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

Recommend Discharge Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR19000510 ESTATE OF JESUS RIVERA

Inventory Review Hearing continued from 02/20/20, 04/21/20 and 07/01/20:

  • Partial No. 1 Inventory and Appraisal on file.
  • Need Final Inventory and Appraisal.
  • Need Property Tax Certificate form completed and filed as box in caption of Inventory and Appraisal not marked.

PrC§12200 Status Report continued from 07/01/20:

  • Need verification by client.
  • Need an estimate of time required to file Final Inventory and Appraisal and close estate.

Appearance by counsel mandatory by CourtCall.

 

PR19000567 ESTATE OF JOSEPH EDWARD BONK

Account Review Hearing:

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

Appearance by counsel mandatory by CourtCall.

 

PR20000451 MATTER OF JEAN MARIE TRAHAN

Petition to Determine Succession to Real Property:

  • Need Property Tax Certificate form completed and filed as box not marked in caption of Inventory and Appraisal.
  • Need proof of notice to Department of Health Services.

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by petitioners (pro per) not required.

 

PR20000453 ESTATE OF BETTY LOUISE KAUFMANN

Petition for Letters of Administration recommended for approval with minimum bond in amount of $20,000.00.

Recommend Inventory Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR20000454 ESTATE OF CECIL LOUELLA WRIGHT

Petition for Letters of Administration recommended for approval with minimum bond in amount of $20,000.00.

Recommend Inventory Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR20000455 ESTATE OF JANIE R. MONROE

Petition for Letters of Administration:

  • Item 3g(2)(a) of petition omitted.
  • Item 8 of petition does not give notice directly to personal representative or petition for the estate of Katherine Povio in addition to attorney.
  • Need Duties and Liabilities of Personal Representative.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

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:

  • Need proof of personal service to Trustee.

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, AUGUST 13, 2020

Department 21

9:30 a.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Court Trial.

Appearances required.

 

Motion to Objecting to Jurisdiction Over Crabtree Schmidt:

  • Objection on file.
  • Reply to Objection on file.

See Tentative Ruling.

 

Department 22

8:30 a.m.

 

2201240 ESTATE OF PATRICIA ANN VAN GROENENBERGH

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

Recommend Discharge Review Hearing 02/17/21.

Court will sign submitted order, appearance not required.

 

PR18000314 ESTATE OF DIANE FRANCIS BELLO

Related Case No. PR18000332.

Inventory Review Hearing continued from 01/23/20 and 05/21/20.

  • Need status re Bond, Order for Probate and Letters.

Appearance by counsel mandatory by CourtCall.

 

PR18000332 ESTATE OF DIANE I. KAISER

Related Case No. PR18000314.

Inventory Review Hearing continued from 01/23/20 and 05/21/20.

  • Following Related Case No. PR18000314.

Appearance by counsel mandatory by CourtCall. 

 

PR18000672 ESTATE OF ANNETTE TALAMANTE

Account Review Hearing continued from 02/20/20 and 05/21/20.

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 CourtCall.

 

PR19001028 ESTATE OF FRANK LEE BEEKS

Petition for Final Distribution on Waiver of Account.

Recommend continuance to 10/15/20 to coincide with Petition to Determine Inheritance Rights.

Recommend confirm Account Review Hearing 11/18/20.

Appearance by counsel not required.

 

PR19001179 ESTATE OF LINDA JOYCE DOMINGUEZ

Petition for Letters of Administration continued from 01/08/20, 02/13/20 and 05/21/20.

No documents filed since prior hearing.  Prior notes remain:

  • Need information re estate of Chester Roberts (need Letters for person representing his estate as he passed after his mother).
  • Need Waiver of Bond on behalf of estate of Chester Roberts.

Appearance by counsel mandatory by CourtCall.

 

PR19001303 ESTATE OF CAROLYN N. HUBBLE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Discharge Review Hearing 02/17/21.

Court will sign submitted order, appearance not required.

 

PR19001305 ESTATE OF ISABEL G. RUSSO

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/17/20.

Appearance by counsel not required.

 

PR20000461 ESTATE OF ROBERTA CROUCH

Petition for Probate of Will for Letters Testamentary:

  • Need bond in amount of $24,000.00 as there are no Waivers of Bond by Beneficiaries (mandatory judicial form).
  • Need proof of Subscribing Witness as Will not self-proving.
  • Item 1 of petition omits name of newspaper.
  • Item 3c of petition omits county.
  • Need Order.

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000464 ESTATE OF IRMA LUNA

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/11/21.

Court will sign submitted order, appearance not required.

 

PR20000467 MATTER OF MARIA DE JESUS ROMO

Spousal Property Petition:

  • Need Letters Testamentary for Estate of Francisco Romo Gonzalez aka Francisco Romo.
  • Need copy of deed showing current title.
  • Need proof of service to Department of Health Services.

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000468 ESTATE OF LOREN EARL JAMESON

Petition for Letters of Administration:

  • Need Proof of Publication
  • Need Order.

Recommend continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000480 MATTER OF EVERS 1997 FAMILY TRUST

Petition to Demand Accounting and Determine Beneficiaries:

  • Caption appears to inappropriately include and PrC§850 which would require Notice of Hearing (mandatory judicial form DE-115).
  • Need proof of service directly to trustees, not just attorney (see CRC7.51(b) and PC§1214).
  • Need Order.

Recommend continuance to 10/06/21 to allow time to cure defects.

Appearance by counsel not required.

 

FRIDAY, AUGUST 14, 2020

Department 22

8:30 a.m.

 

2201185 ESTATE PF MARY F. ROSENBAUER

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

Recommend Discharge Review Hearing 02/17/21.

Court will sign submitted order, appearance not required.

 

PR19001195 ESTATE OF LEONARD ROBLES

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 03/10/21.

Appearance by counsel not required.

 

MONDAY, AUGUST 17, 2020

No probate matters scheduled.

 

TUESDAY, AUGUST 18, 2020

Department 22

8:30 a.m.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

Discharge Review Hearing:

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

Appearance by counsel mandatory by CourtCall.

 

2201321 ESTATE OF PEDRO H. QUINTEROS

Discharge Review Hearing:

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

Appearance by personal representative (pro per) mandatory by CourtCall.

 

2201429 ESTATE OF MARY A. CUSTER

Order to Show Cause issued to personal representative continued from 04/07/20 and 6/16/20:

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

Account Review Hearing continued from 08/20/19, 10/08/1, 11/26/19, 01/14/20, 03/03/20, 04/07/20 and 06/16/20:

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel and personal representative ordered and mandatory by CourtCall.

 

2201416 ESTATE OF SARAH IRENE ORTIZ

Account Review Hearing continued from 06/03/20.

Amended Petition for Final Distribution on Waiver of Account continued from 06/03/20:

  • Need Second Amended Declaration re Extraordinary Fees. 

Recommend further continuance to 08/27/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR1800375 ESTATE OF CARMEN GOMEZ

Amended Petition for Final Distribution on Waiver of Account continued from 03/25/20 and 0527/20 recommended for approval.

Recommend Discharge Review Hearing 02/18/21.

Court will sign submitted order, appearance not required.

 

PR19000258 ESTATE OF BETTY LOUISE KRAUSE

PrC§12200 Status Report of Administration.

Recommend continuance to 05/24/20 to allow time for sale of real property.

Appearance by counsel not required.

 

PR19000749 ESTATE OF JOHN DAY CALDWELL

Petition for Final Distribution on Waiver of Account:

  • Need copy of closing statement for sale of real property.
  • Need additional information on request for extraordinary fees.
  • Need revised Order.

Recommend continuance to 08/18/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000846 ESTATE OF ERNIE PARMLEY

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

Recommend vacate 09/29/20 Account Review Hearing.

Court file review not yet complete.  Please recheck website.

 

PR19000865 ESTATE OF DEBORAH G. NODULSKI

Account Review Hearing: 

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

Appearance by counsel mandatory by CourtCall.

 

PR20000009 MATTER OF EHSAN AND PASHTOON ENTEZAR REVOCABLE LIVING TRUST

Petition for Determination of Validity of Trust Amendment and Accounting continued from 02/19/20, 03/25/20 and 05/27/20:

  • Need status re settlement of this matter.
  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

PR20000081 MATTER OF FRANK JULIAN SALES REVOCABLE LIVING TRUST

Order to Show Cause:

  • Appearance of Frank H. Sales ordered.

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 and 07/28/20:

Submitted to Judge for determination.

Appearance by counsel and trustee mandatory by CourtCall.

Order has one date that need to be filled in.

 

PR20000292 MATTER OF MARY LOU RIDPATH TRUST

Petition to Compel Trustee to Account continued from 05/19/20:

  • Need Notice of Hearing to Teri J. Strickler (use mandatory judicial form).
  • Response on file.
  • Need Notice of Hearing to all parties (use mandatory judicial form).

Appearance by counsel mandatory by CourtCall.

 

PR20000473 ESTATE OF KAREN EWBANK SIMS

Spousal Property Petition:

  • Item 10 of petition omitted.
  • Need proof of service to Department of Health Services.

Recommend continuance to 10/06/20 to allow time for defects to be cured.

Appearance by counsel not required.

 

PR20000483 MATTER OF MICHELE WOODS SPECIAL NEEDS TRUST

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

Recommend Account Review Hearing 12/15/21.

Court will sign submitted order, appearance not required.

 

PR20000485 ESTATE OF GLADENE CRAVEN

Petition for Probate of Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving (see Local Rules).
  • Item 8 of petition does not list all names in Will.
  • Item 8 of petition does not explain whether or not the predeceased left any living issue (Is Grant Craven the son of predeceased Curtis Craven?)

Recommend continuance to 10/06/20 to allow time for defects to be cured.

Appearance by counsel not required.

 

PR20000492 ESTATE OF JACKSON WORLEY STEPHENS

Petition for Probate of Will and for Letters Testamentary:

  • Item 8 of petition does not list trustee(s) or beneficiaries of trust.
  • Need copy of trust.
  • Need proof of notice to trustee(s) and beneficiaries of trust.

Recommend continuance to 10/06/20 to allow time for defects to be cured.

Appearance by counsel not required.

 

Department 24

8:30 a.m.

 

PR19001011 ESTATE OF STEPHEN E. BLAIRE

Inventory Review Hearing continued from 06/18/20.

No documents filed since prior hearing.  Prior notes remain:

  • Letters issued 12/18/19.  Inventory and Appraisal due 04/18/20.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by CourtCall.

Last updated: August 07, 2020 3:53 PM