November 12, 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.

WEDNESDAY, NOVEMBER 13, 2019

 

Department 22

8:30 a.m.

 

445340 MATTER OF JUSTICE VANDYKE SPECIAL NEEDS TRUST

Fourth and Final Account and Report of Former Trustee; Petition to Settle Account; to Increase Bond; and to Fix and Allow Trustee and Attorneys’ Fees and Costs continued from 09/11/19 recommended for approval.

Recommend confirm 05/07/21 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

2200435 ESTATE OF GURMUKH GILL

PrC§12200 Status Report of Administration continued from 08/14/19 and 09/25/19.

  • Notice of Hearing filed 08/26/19 defective as not given pursuant to PrC§12201.

Recommend continuance to 12/11/19 as requested to allow time to give proper notice pursuant to PrC§12201.

Appearance by counsel not required.

 

2200737 ESTATE OF HENRY JOSEPH HARMON

Spousal Property Petition continued from 07/09/19 and 09/04/19:

  • Need Amended Spousal Property Petition.
  • Need Notice of Hearing and proof of mailing to Department of Health Services.
  • Need Spousal Property Order.

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 and 09/04/19 and Account Review Hearing continued from 12/21/17, 01/12/18, 09/13/18, 02/27/19, 05/30/19, 07/09/19 and 09/04/19.

  • May not be required as Spousal Property Petition filed.

Appearance by counsel mandatory.

 

2201031 ESTATE OF ELIZABETH AVILA AZEVEDO

Account Review Hearing continued from 09/12/19:

  • 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:

  • No Exhibit “A” attached to petition.
  • Need proof of personal service of Summons.

Appearance by counsel mandatory.

 

2201119 ESTATE OF JOHN YNIGUEZ GARCIA

Account Review Hearing continued from 11/29/18, 02/28/19, 03/28/19 and 08/28/19:

PrC§12200 Status Report of Administration.

Recomend continuance to 05/13/20 to allow time for sale of real property.

Appearance by counsel not required.

 

2201377 ESTATE OF MICHAEL ANDREW HARRY

Discharge Review Hearing vacated.

 

2201498 ESTATE OF IRA DAWEN PARKS

Order to Show Cause for failure to appear.

Account Review Hearing continued from 06/18/19 and 09/17/19.

Amended Petition for Final Distribution on Waiver of Account continued from 09/17/19 recommended for approval.

Recommend Discharge Review Hearing 06/12/20.

Court will sign submitted order, appearance not required.

 

PR18000336 ESTATE OF ANGELA ORTEGA

Account Review Hearing continued from 09/17/19.

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.

 

PR18000370 ESTATE OF NICHOLAS WILLIAM BURNS

Account Review Hearing continued from 09/11/19:

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

Appearance by counsel mandatory.

 

PR18000389 ESTATE OF GERALDINE GRIFFITTS

Discharge Review Hearing.

Ex Parte Petition for Final Discharge and Order recommended for approval and submitted to Judge for signature.

Appearance by personal representative (pro per) not required.

 

PR18000481 ESTATE OF EMERY GLEN INGRAM JR.

Account Review Hearing continued from 10/16/19.

Petition for Final Distribution on Waiver of Account continued from 10/16/19.

No documents filed since prior hearing.  Prior notes remain:

  • Waivers of Account require notarization of signature.
  • Paragraph 17 of petition gives incorrect number for sale of real property.
  • Need schedule showing loss from sale of real property.
  • Need recalculation of statutory fees including loss on sale of real property.
  • Need language re interest bearing accounts.
  • Need language re withhold pursuant to LR8.68.
  • Need explanation re household furniture and furnishings.
  • Need recalculation of distributions in accounting format.
  • Need omnibus clause showing percentage to each distributee.
  • Need revised Order.

Appearance by counsel mandatory.

 

PR19000024 ESTATE OF EILEEN LORRAINE RAINY EARP-TANNER

Inventory Review Hearing:

  • Letters issued 04/11/19.  Inventory and Appraisal due 08/11/19.
  • Need Final inventory and Appraisal.

Appearance by counsel mandatory.

 

PR19000053 ESTATE OF SUSAN LYNN BERGLUND-WEAVER

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

Recommend Discharge Review Hearing 06;/12/20.

Recommend vacate 02/26/19 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR19000206 ESTATE OF DONNIE R. ISAACS

Petition to Enjoin Foreclosure and Declaratory Relief.

Recommend continue to 11/26/19 pursuant to Stipulation and Order.

Appearance by counsel not required.

 

PR19000840 ESTATE OF WILLIE LAWSON

Petition for Letters of Administration continued from 09/25/19.

Amended Petition for Letters of Administration:

  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication (need to republish when you file amended petition).

Recommend continuance to 12/12/19 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR19000918 MATTER OF MADISON N. BOLING SPECIAL NEEDS TRUST

Petition for Authorization to Establish Plan for Repayment of Trust Assets and to Approve Attorney’s Fees:

  • Need supplement to petition.
  • Need revised Order.

Recommend continuance to 12/18/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000984 ESTATE OF JAIME MARTINEZ SORIA

Petition for Letters of Administration recommended for approval with bond in amount of 

$583,000.00 (bond on file is for special administrator).

Recommend Inventory Review Hearing 05/13/20.

Court will sign submitted order, appearance not required.

 

9:30 a.m.

 

2201093 MATTER OF JOSEPH R. PICCININI TRUST III

Court Trial.

Appearances mandatory.

 

Department 24

8:30 a.m.

 

2200258 MATTER OF NICOLL AND EDITH GALBRAITH TRUST

Fourth Account, Report and Petition for Settlement:

Recommend continuance to 12/11/19 to allow time for Court Trial to be completed.

Appearances by counsel not required.

 

PR18000571 ESTATE OF CURTIS R. HEAVENER

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

Recommend Discharge Review Hearing 06/12/20.

Recommend vacate 11/26/19 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

9:00 a.m.

 

2200258 MATTER OF NICOLL AND EDITH GALBRAITH TRUST

Court Trial continued from 01/29/19.

Appearances mandatory.

 

THURSDAY, NOVEMBER 14, 2019

 

Department 22

8:30 a.m.

 

385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST

Account Review Hearing continued from 06/11/19 and 09/10/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need Fourth Account and Report of Trustee.

Appearance by counsel mandatory.

 

2200719 MATTER OF NANCY LA FOUNTAIN SPECIAL NEEDS TRUST
First Account and Report of Trustee continued from 05/15/18, 06/26/18, 08/28/18. 10/16/18, 01/08/19, 03/26/19, 05/21/19, 07/26/19 and 09/12/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need Summary of Account.

Appearance by counsel mandatory.

 

2200763 ESTATE OF TAMARA JEAN STAGGS

First and Final Account and Report and Petition for Final Distribution continued from 11/07/19 recommended for approval.

Recommend Discharge Review Hearing 06/12/20.

Court will sign submitted order, appearance not required.

 

PR18000082 ESTATE OF STEPHEN F. MILES

Status Review Hearing:

Matter of extraordinary expenses submitted to Judge for determination.

Appearance by counsel mandatory.

 

PR18000221 ESTATE OF HORACE SEARCIE

Account Review Hearing continued from 09/12/19.

Recommended confirm 12/12/19 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR18000575 ESTATE OF EDDIE SARGENTI

Account Review Hearing:

Amended First and Final Account and Report and Petition for Final Distribution:

  • Page 1, paragraph 3, gives incorrect date for issuance of Letters.
  • Page 3, paragraph 22, does not include publication fee, and inappropriately includes postage (considered part of overhead costs).
  • Need revised Order.

Recommend continuance to 12/12/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000728 ESTATE OF JOYCE BEST

Related Case No. PR19000618.

Petitioner, Michael Best Jr., Request for Petition for Removal of Janice Pritchett, Administrator in the Estate of Joyce E. Best; Declaration in Support of Petitioner for Removal and Verification continued from 07/24/19, 08/09/19 and 09/17/19:

  • Need Notice of Hearing with proof of service to all parties.
  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel and petitioner (pro per) mandatory.

 

PR19000041 ESTATE OF ELIZAABETH M. SAUNDERS

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

Recommend Discharge Review Hearing 06/12/20.

Recommend vacate 03/04/20 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR19000133 ESTATE OF LAWRENCE VALENCIA JR.

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Corrected Inventory and Appraisal as:
  • Need Property Tax Certificate form completed and filed as box not marked in caption of Inventory and Appraisal.
  • Need items 3 through 5 on page 1 completed.
  • Real property listed on Attachment 2 (not Attachment 1).

Recommend continuance to 12/12/19 to allow time to cure defects.

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, 06/19/19 and 09/19/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need proof of personal service to trustee.

Appearance by counsel mandatory.

 

PR19000335 ESTATE OF KEVIN JAMES RODERICK

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 05/19/20.

Appearance by counsel not required.

 

PR19000336 ESTATE OF JESSE WASHINGTON SILVA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/26/20.

Appearance by counsel not required.

 

PR19000345 ESTATE OF JESSE G. ULLOA

Inventory Review Hearing:

  • Letters issued 05/14/19.  Inventory and Appraisal due 09/14/19.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory.

 

PR19000536 MATTER OF MARTHA D. HICKMAN FAMILY TRUST

Account Review Hearing continued from 09/12/19:

  • No account on file.

Petition for Judicial Review of the Account, Acts, and Transactions of Trustee, Linda Sue Ford; Breach of Fiduciary Trust and duties; Fraud continued from 07/26/19 and 09/12/19:

Submitted to Judge for determination.

Law and Motion Matter:

Demurrer to Petition filed by attorney Rowe continued from 09/12/19.

See Tentative Ruling.

 

PR19000608 MATTER OF CHRISTINE J. TAYLOR

Spousal Property Petition filed by attorney Anthony D. Johnston on behalf of surviving spouse of decedent continued from 08/08/19 and 09/19/19.

No documents filed since prior hearing.  Prior notes remain:

  • Objection filed by attorney Jeff L. Bean on behalf of surviving daughter of decedent.
  • Need status re settlement agreement.

Appearance by counsel mandatory.

 

PR19000899 ESTATE OF JAMES ERICK ROWELL

Petition for Probate of Will and for Letters Testamentary continued from 10/18/19 recommended for approval.

Recommend Inventory Review Hearing 05/13/20.

Court will sign submitted order, appearance not required.

 

PR19000991 ESTATE OF CYNDI HIILTON-GEARY

Petition for Letters of Administration:

  • May require minimum $20,000 bond for out-of-state personal representative. 
  • Item 3g92)(a) of petition omitted.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.

Recommend continuance to 12/12/19 to allow time to cure defects.

Appearance by counsel not required.

 

FRIDAY, NOVEMBER 15, 2019

 

Department 22

8:30 a.m.

 

36537 ESTATE OF RONALD JAMES RICHARDSON 

Second Amended Final Report of Executor Upon Waiver of Accounting; for Allowance of Fees; and for Final Distribution Under Settlement Agreement. 

Recommend continuance to 12/13/19 to allow time for Decision to be completed. 

Appearances not required.

 

2201122 ESTATE OF EDWARD D. SANTANA 

Account Review Hearing continued from 05/14/19: 

  • Need Petition for Final Distribution. 

Appearance by counsel mandatory.

 

2201342 ESTATE OF ALFRED JOSEPH SPECKENS III 

Related Case No. PR18000144. 

PrC§12200 Status Report of Administration continued from 05/10/19, 07/26/19 and 09/20/19: 

  • Objection on file. 

Possible Long Cause matter. 

Appearance by counsel mandatory.

 

2201426 ESTATE OF JODY ANN COLE 

Related Case No. 2201391. 

Account Review Hearing continued from 05/16/19.

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

Court file review not yet complete.  Please recheck website.

 

2201447 ESTATE OF JEFFERY ALLEN SMITH 

Inventory Review Hearing continued from 10/18/19, 01/24/19, 03/22/19, 05/17/19 and 07/26/19: 

Final Inventory and Appraisal on file. 

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

Spousal Property Petition:

  • Petitioner should be spouse not administrator. 
  • Item 3 of petition omitted. 
  • Need Guardian ad Litem for minor children of decedent. 
  • Need Notice of Hearing including proof of service to Department of Health Services. 
  • Need Order. 

Appearance by counsel mandatory.

 

PR18000009 ESTATE OF KENNETH LEROY SNARR 

Account Review Hearing.

Recommend confirm 12/10/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

PR18000244 ESTATE OF DONNA JEAN GIBSON 

Discharge Review Hearing: 

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

Appearance by counsel mandatory.

 

PR18000261 ESTATE OF ROBERT MOYES SR 

Order to Show Cause for failure to appear at prior hearing continued from 08/13/19 and 09/18/19. 

Inventory Review Hearing continued from 06/11/19, 08/13/19 and 09/18/19: 

No documents filed since prior hearing.  Prior notes remain: 

  • Letters issued 11/02/18.  Inventory and Appraisal due 03/02/19. 
  • Need Final Inventory and Appraisal. 

Appearance by personal representative (pro per) mandatory.

 

PR18000404 ESTATE OF JEFFREY R. THOMAS 

Account Review Hearing continued from 09/20/19. 

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.

 

PR18000494 ESTATE OF SARA F. KWONG 

Inventory Review Hearing.

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 06/09/20. 

Appearance by counsel not required.

 

PR18000836 ESTATE OF BILLIE HAROLD GRAHAM 

First and Final Account and Report and Petition for Final Distribution continued from 10/11/19:  

  • Need to show proposed payment of creditor’s claim along with other proposed distributions. 
  • Copying, faxes, mailings are part office overhead and not to be included in costs of administration. 
  • Calculations for statutory fees should include both gain and loss, not combination of two. 
  • Need explanation for sale of personal property. 
  • Accounting should be totally in portrait format (not landscape). 
  • Schedules for gains and losses need to show all calculations showing date of death value, sales price, gain or loss. 
  • Property on hand needs to show various accounts and balances. 
  • Personal out of pocked expenses show disbursements to lawyer in amount of $2,950.00.  Need explanation. 
  • Need Notice of Hearing. 
  • Need revised Order once defects are cured and without word “proposed”. 
  • Objection on file. 
  • Reply to Objection on file. 

Possible Long Cause Matter. 

Appearance by counsel mandatory.

 

PR19000155 ESTATE OF MARIA MOORE 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

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

Court file review not yet complete.  Please recheck website.

 

PR19000170 ESTATE OF TROY STEPHEN WILLIAMS

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend confirm 12/11/19 hearing on Petition for Final Distribution on Waiver of Account. 

Appearance by counsel not required.

 

PR19000229 ESTATE OF CORRINE MORRIS 

First and Final Account and Report and Petition for Final Distribution continued from 10/11/19 recommended for approval.

Recommend Discharge Review Hearing 06/16/20. 

Court will sign submitted order, appearance not required.

 

PR19000244 ESTATE OF MARGIE MARTINEZ 

Inventory Review Hearing: 

  • Letters issued 05/20/19.  Inventory and Appraisal due 09/20/19. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory.

 

PR19000314 ESTATE OF RODNEY WAYNE LEE 

Inventory Review Hearing: 

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

Recommend continuance to 12/17/19 to coincide with Petition for Preliminary Distribution. 

Appearance by counsel not required.

 

PR19000331 ESTATE OF JASON ALLEN GARNER 

Petition for Letters of Administration continued from 05/10/19 and 08/30/19. 

No documents filed since prior hearing.  Prior notes remain: 

  • Item 5a(3) or (4) of petition omitted. 
  • Need Notice of Petition to Administer Estate.  
  • Need Proof of Publication from Ceres Courier. 

Appearance by counsel mandatory.

 

PR19000347 ESTATE OF HAROLD J. CUMMINGS 

Inventory Review Hearing:

  • Letters issued 07/08/19.  Inventory and Appraisal due 11/08/19.

Recommend continuance to 01/15/20 to allow time to complete and file Inventory and Appraisal. 

Appearance by counsel not required.

 

PR19000352 ESTATE OF HENRY NOEL JR. 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 05/22/20. 

Appearance by counsel not required.

 

PR19000355 ESTATE OF EMMA M. KROEKER 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 05/19/20. 

Appearance by counsel not required.

 

PR19000371 ESTATE OF MARGO SUZANNE BARELA 

Petition for Letters of Administration continued from 05/31/19, 07/24/19 and 09/18/19. 

No documents filed since prior hearing.  Prior notes remain: 

  • Caption of petition omits Authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 2b(3) of petition omitted and item 2b(1) inappropriately marked as no Will attached. 
  • Item 2b(4) of petition inappropriately marked. 
  • Item 3a of petition not fully completed. 
  • Item 3c of petition omitted.
  • Item 3e(3) of petition omitted. 
  • Item 3f(3) of petition inappropriately marked as no Will attached. 
  • Item 3g(1)(b) of petition inappropriately marked as no Will attached. 
  • Item 3g(2)(b) of petition – no Attachment 3g(2)(b). 
  • Item 3g(3) of petition inappropriately marked. 
  • Item 3g(4) of petition inappropriately marked. 
  • Item 5a(5) or (6) of petition omitted. 
  • Item 5a(7) or (8) of petition omitted. 
  • Item 6 of petition inappropriately marked. 
  • Item 7 of petition inappropriately marked. 
  • Need explanation as to Notice of Hearing to Richard E. Yeager. 
  • 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.

 

PR19000663 ESTATE OF NORMA KUDERNA 

Order to Show Cause for failure to appear at prior hearing.

  • Re:  Sanctions and Dismissal. 

Amended Petition for Probate of Will and for Letters Testamentary: 

  • Signatures on Amended Petition not dated. 
  • Item 3f(2) omits copy of Will. 
  • Item 8 of petition does not list trustee(s) or beneficiary(s) of Trust.
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 
  • Need Letters with original signature dated after amended petition signed. 

Appearance by counsel mandatory.

 

Department 24 

8:30 a.m.

 

PR18000676 ESTATE OF RALPH JAMES HARRELSON II 

Inventory Review Hearing: 

  • Letters issued 08/22/19.  Inventory and Appraisal due 12/22/19. 

Recommend continuance to 01/22/20 to allow time to complete and file Inventory and Appraisal. 

Appearance by counsel not required.

 

MONDAY, NOVEMBER 18, 2019

 

Department 22 

8:30 a.m.

 

PR18000460 MATTER OF KELLER INGEGERI TRUST 

Settlement Conference. 

Appearances mandatory.

Last updated: November 12, 2019 4:13 PM