August 21, 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, AUGUST 21, 2019

Department 22

8:30 a.m.

 

2201410 ESTATE OF ANTONIO GUERRERO HERNANDEZ

Account Review Hearing continued from 06/12/19.

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.

 

2201425 ESTATE OF THERESA LEE GILL

PrC§12200 Status Report of Administration continued from 06/26/19:

  • Need Notice of Hearing pursuant to PrC§12201 (Notice of Hearing filed 06/28/19 was not given pursuant to PrC§12201).

Recommend continuance to 09/25/19 to allow time to cure defect.

Appearance by petitioner (pro per) not required.

 

PR18000219 ESTATE OF DONNA M. MYERS

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.

 

PR18000275 ESTATE OF JAMES S. LOUIS CLURE SR.

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

Recommend Discharge Review Heairng 03/25/20.

Recommend vacate 08/29/19 Account Review Hearing.

Court will sign submitted order, appearance not rquired.

 

PR18000657 ESTATE OF VENITA JEAN JAMISON

Inventory Review Hearing continued from 06/27/19:

  • Need Final Inventory and Appraisal (have cash accounts been inventoried?).

PrC§12200 Status Report of Administration:

Recommend continuance to 12/19/19 to allow time to inventory cash accounts and to obtain attorney in Montana for litigation.

Appearance by counsel not required. 

 

PR19000025 ESTATE OF GLENDA DARLENE TEAGUE

Inventory Review Hearing.

Recommend continuance to 10/18/19, as requested in Sttus Report on file, to allow additional time to file Inventory and Appraisal.

Appearance by counsel not required.

 

PR19000184 ESTATE OF JAMES STEPHAN WESTPHAL

Petition for Termination of Further Proceedings and Discharge of Personal Representative.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000375 ESTATE OF DAN ALAN HICKS

Related Case No. PR19000658.

Petition for Probate of Will and for Letters Testamentary filed by attorney McHugh on behalf of named executor/daughter of decedent continued from 05/23/19 and 07/23/19:

  • Objection on file.
  • Competing Petition for Letters of Administration filed by attorney Demiris on behalf of daughter of decedent.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000513 ESTATE OF JAMES V. KENYON

Petition for Probate and for Letters Testamentary continued from 06/26/19 recommended for approval.

Recommend Inventory Review Hearing 02/21/20.

Court will sign submitted order, appearance not required.

 

PR19000658 ESTATE OF DAN ALAN HICKS

Related Case No. PR19000375.

Petition for Letters of Administration filed by attorney Konstantine Demiris on behalf of daughters of decedent:

  • Item 3c of petition omits county.
  • Item 3h(2) of petition omits petitioner living in Utah.
  • Competing Petition for Probate of Will and for Letters Testamentary filed by attorney McHugh on behalf of named executor/daughter of decedent continued from 05/23/19 and 07/23/19.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000659 ESTATE OF FELIX FLORES GARCIA

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/21/20.

Court will sign submitted order, appearance not required.

 

PR19000688 MATTER OF LOIS M. RICE REVOCABLE TRUST

Petition to Compel Account and Report and Distribution of Trust Assets:

Response including accunting for period from February 23, 2017, through February 28, 2019, on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000701 ESTATE OF PATRICIA JOSEPHINE NELSON

Petition for Letters of Administration:

  • Item 3g(2)(a) of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Letters with original signature.

Recommend continuance to 10/09/19 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, AUGUST 22, 2019

 

Department 22

8:30 a.m.

 

2201075 ESTATE OF JOSE G. 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.

 

2201468 ESTATE OF CAROLYN STANION

Discharge Review Hearing vacated.

 

PR18000519 ESTATE OF ROBERT JOHN LYON

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

Recommend Discharge Review Hearing 03/20/20.

Recommend vacate 10/29/19 Accuont Review Hearing.

Court will sign submitted order, appearance not required.

 

PR18000639 ESTATE OF BEVERLY JUNE CARPENTER

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

Recommend Discharge Review Hearing 03/20/20.

Court will sign submitted order, appearance not required.

 

PR19000044 ESTATE OF PATRICIA ANN FERNANDEZ

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/28/20.

Appearance by counsel not required.

 

PR19000484 MATTER OF KARL ANTONY KETTNER

Status Review Hearing.

  • Need status re sale of real property.

Appearance by counsel mandatory.

 

PR19000660 ESTATE OF JAMES R. McANDREWS SR.

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/21/20.

Court will sign submitted order, appearance not required.

 

PR19000663 ESTATE OF NORMA KUDERNA

Petition for Probate of Will and for Letters Testamentary:

  • Box marked inappropriately for Letters of Administration in caption.
  • Box omitted requesting Authorization to Administer Under the Independent Administration of Estates Act in caption.
  • Item 3c of petition omits county.
  • Item 3e(1) of petition omitted.
  • Item 3e(3) of petition inappropriately marked.
  • Item 3g2(a) of petition inappropriately marked.
  • Item 5a(2)(a) or (b) of petition omitted.
  • Item 5a(3) or (4) of petition omitted.
  • Item 8 of petition omits named and date of death for predeceased spouse, if any.
  • Item 8 of petition does not list all persons named in Will.
  • Item 8 of petition does not list names exactly as listed in Will.
  • Item 8 of petition does not list trustee(s) or beneficiary(s) of Will.
  • Need copy of Trust.
  • Inventory and Appraisal on file not fully completed and omits Attachment 1.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Letters with original signature.

Recommend continuance to 09/19/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000696 ESTATE OF KATHLEEN L. ECKLE

Petition for Probate of Lost Will and for Letters Testamentary.

  • Need Proof of Subscribing Witness as Will not-self proving.

Recommend continuance to 10/09/19 to allow time to cure defect.

Appearance by counsel 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 on behalf of surviving spouse continued from 12/04/18, 12/20/18, 03/21/19 and 05/15/19 recommended for approval.

Recommend Inventory Review Hearing 11/15/19.

Appearance by counsel mandatory.

 

Friday, August 23, 2019

 

Department 22

8:30 a.m.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

Account Review Hearing continued from 10/04/18, 12/14/18, 03/01/19 and 06/28/19.

First and Final Account and Report and Petition for Final Distribution continued from 06/28/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need clarification re Creditor’s Claim filed 03/03/2015 in amount of $13,545.30 (filed by attorney Tara Mazzanti on behalf of Roberto and Concepcion Gonzalez).
  • Need to use date of death value for Inventory and Appraisal (not reappraisal for sale).
  • Need recalculation of statutory fees. 
  • Need Closing Statement for sale of real property.
  • Need new Order.

Appearance by counsel mandatory.

 

2201479 ESTATE OF MICHAEL HAROLD WATSON

Account Review Hearing continued from 06/21/19.

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201.

Recommend continuance to 10/10/19 to allow time to give Notice of Hearing pursuant to PrC§12201.

Appearance by counsel not required.

 

PR18000022 ESTATE OF JOAN BEESON SANGSTER

Account Review Hearing.

Recommend continuance to 10/25/19, as requested by attorney, to allow time to complete and file Petition for Final Distribution.

Appearance by counsel not required.

 

PR18000166 ESTATE OF EDGAR F. CARMICHAEL

Inventory Review Hearing continued from 02/21/19 and 03/28/19.

Final Inventory and Appraisal on file.

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

Petition for Final Distribution on Waiver of Account.

Recommend continuance to 10/17/19 to allow time for Property Tax Certificate to be completed and filed.

Appearance by counsel not required.

 

PR18000669 ESTATE OF ROBERT D. STEVES SR.

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

Recommend Discharge Review Hearing 03/24/20.

Court will sign submitted order, appearance not required.

 

PR1900549 ESTATE OF NAOMI MILLS

Petition for Probate of Will and for Letters Testamentary continued from 06/28/1 recommended for approval.

Recommend Inventory Review Hearing 02/25/20.

Court will sign submitted order, appearance not required.

 

PR1900672 ESTATE OF GINA LA RAE BONNICI

Petition for Probate of Lost Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 3g(2)(a) and (c) of petition inappropriately marked.
  • Item 8 of petition does not list names exactly as they appear in Will.
  • Item 8 of petition does not need to list siblings of decedent nor do they require notice.
  • Notice of Hearing (form DE-120) inappropriate for filing of petition for probate.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 09/20/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR1900674 ESTATE OF HELEN P. SENNA

Petition for Probate of Lost Will and for Letters Testamentary:

Recommend continuance to 10/25/19 as requested by attorney.

Appearance by counsel not required.

 

PR19000678 MATTR OF MARY LOU SULLIVAN

Petition to Determine Succession to Real Property:.

  • Supplemental Petition needs to be prepared on pleading paper (cannot use DE-310 form).  You can file an Amended Petition to Determine Succession to Real Property along with Notice of Hearing which will be assigned a new date.
  • Item 1 incorrectly marks box for personal property (none listed on Inventory and Appraisal).
  • Item 9a(3) or (4) of petition omitted.
  • Item 9a(7) or (8) of petition omitted.
  • Item 13 completed incorrectly.
  • Item 12 incorrectly marks box for personal property (none listed on Inventory and Appraisal).
  • Attachment 14 required under Item 14 not attached (persons under items 1 and 9 including predeceased spouse with date of death).
  • Need copy of most recent deed showing current title to real property.
  • Item 5b of Inventory and Appraisal not completed.
  • Need Notice of Hearing including proof of service to Department of Health Services.

Recommend continuance to 10/23/19 to allow time to cure defects.

Appearance by petitioner not required.

 

MONDAY, AUGUST 26, 2019

No probate matters scheduled.

 

TUESDAY, AUGUST 27, 2019

 

Department 22 

8:30 a.m. 

 

432770 MATTER OF TRUST CREATED FOR GLENDA SALVADOR

Sixth and Final Account Current and Report of Trustee and for Allowance of Attorney’s Fees. 

Recommended for approval.

Court will sign submitted order, appearance not required. 

 

2200671 MATTER OF LORRAINE VIERRA 2000 TRUST 

Ex Parte Petition for Order to Vacate Trust Real Property and for Reimbursement of Fair Market Rental Value; Request for Judicial Notice and Status Review Hearing continued from 9/14/18, 01/31/19, 03/05/19 and 06/26/19: 

  • Sale of real property ordered by the court on 03/05/19. 

Recommend vacate 08/28/19 Status Review Hearing.

Appearances by counsel and pro per are mandatory.

 

2200914 ESTATE OF THOMAS ROUNDTREE JR. 

PrC§12200 Status Report of Administration continued from 07/02/19: 

  • Need Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201393 ESTATE OF DEANNA U. LOVELADY

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

Court file review not yet complete.  Please recheck website.

 

2201418 ESTATE OF ANA MARIA LOPEZ 

Report of Sale and Petition for Order Confirming Sale of Real Property. 

Court file review not yet complete.  Please recheck website.

 

PR18000186 ESTATE OF JOYCE SELF

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.

 

PR18000252 ESTATE OF VIVIAN M. GIESE        

Account Review Hearing:

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

Appearance by counsel not required.

 

PR19000010 ESTATE OF DEBRA K. MARTIN 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 03/04/20. 

Appearance by counsel not required.

 

PR19000041 ESTATE OF ELIZABETH M. SAUNDERS 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 03/04/20. 

Appearance by counsel not required.

 

PR19000053 ESTATE OF SUSAN LYNN BERGLUNDWEAVER 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 02/26/20. 

Appearance by counsel not required.

 

PR19000066 ESTATE OF ANDERSON F. WIMMER 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend confirm 09/13/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required. 

 

PR19000449 MATTER OF PATRICIA M. SAUNDERS TRUST 

Petition for Order Confirming Successor Trustee and Trust Assets continued from 07/09/19. 

Recommended for approval. 

Court will sign submitted order, appearance not required. 

 

PR19000511 ESTATE OF KRISTIN CHERYL FOSTER 

Petition for Probate of Will and for Letters Testamentary continued from 07/02/19 recommended for approval. 

Recommend Inventory Review Hearing 02/27/20.

Court will sign submitted order, appearance not required. 

 

PR19000693 MATTER OF THE ALICE A. VISSER TRUST

Petition to Compel Accounting; to Remove Trustee and Appoint Petitioner as Successor Trustee; Recovery Pursuant to Probate Code § 850 of Trust Property; Damages for Wrongful Taking of Trust Property Pursuant to Probate Code §859; Constructive Trust; Conversion; and for Remedies for Breach of Trust: 

  • Need Notice of Hearing pursuant to PrC§851(c). 

Recommend continuance to 10/16/19 to allow time to give proper notice. 

Appearance by counsel not required.

 

PR19000703 ESTATE OF DIANA l. JACKSON 

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 02/27/20. 

Court will sign submitted order, appearance not required.

 

PR19000707 ESTATE OF OLIVIA B. CRUZ

Petition for Probate of Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving. 
  • Need Letters with original signature. 

Recommend continuance to 10/16/19 to allow time to cure defects. 

Appearance by petitioner (pro per) not required.

 

9:30 a.m.

 

2201398 ESTATE OF ALICE AMARAL 

Court Trial.

Appearances mandatory.

Last updated: August 20, 2019 11:56 AM