January 18, 2020

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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. 

MONDAY, JANUARY 20, 2020

Court Holiday – Martin Luther King, Jr. Day

 

TUESDAY, JANUARY 21, 2020

No probate matters scheduled.

 

WEDNESDAY, JANUARY 22, 2020

 

Department 22

8:30 a.m.

 

445370 ESTATE OF MARY F. VAUGHN

Account Review Hearing continued from 09/16/17, 09/26/18, 12/12/18, 02/26/19, 06/26/19, 09/06/19 and 11/06/19.

Amended PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201517 MATTER OF THE ALFREDO G. DURAN TRUST

Related Case No. PR18000718.

Notice to Creditors continued from 10/31/18, 05/01/19 and 09/10/19:

  • Need status re creditors.

Appearance by counsel mandatory.

 

PR18000413 ESTATE OF MOYA ARLENE PALMA

Account Review Hearing continued from 09/25/19.

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

PR18000676 ESTATE OF RALPH JAMES HARRELSON II

Inventory Review Hearing continued from 11/15/19:

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

Appearance by counsel mandatory.

 

PR18000718 ESTATE OF ALFREDO G. DURAN

Related Case No. 2201517.

Inventory Review Hearing continued from 09/10/19 and 10/22/19:

  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory.

 

PR18000806 ESTATE OF JULIA REDE LOPEZ

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

Recommend Discharge Review Hearing 08/26/20.

Recommend vacate 02/06/20 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR19000042 MATTER OF THE HILLIS FAMILY TRUST

Petition for Misappropriation of Trust Assets and Accounting 03/07/19, 05/29/19, 08/29/19, 10/24/19 and 12/12/19:

  • Need accounting from Trustee, Mark Hillis.

Appearance by counsel and pro per mandatory.

 

PR19000446 ESTATE OF ELDON ROY LYONS

Inventory Review Hearing continued from 12/11/19.

Corrected Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/11/20.

Appearance by counsel not required.

 

PR19000479 ESTATE OF BETTY JEAN SCHAFER

Petition for Determination of Persons Entitled to Distribution of Decedent’s Estate.

Submitted to Judge for determination.

Appearqnce by counsel mandatory.

 

PR19001065 MATTER OF HILLAS REVOCABLE TRUST

Verified Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Revocable Trust continued from 12/11/19:

  • Need Notice of Hearing (mandatory judicial form DE-115) pursuant to PrC§851(c). Recommend continuance to 03/04/20 to allow time to cure defect.

Appearance by counsel not required.

 

THURSDAY, JANUARY 23, 2020

 

Department 22

8:30 a.m.

 

2201229 MATTER OF ALFRED F AND MUREIEL C. BRENNAN TRUST

Petition to Compel Trustees to Report and Account continued from 11/02/17 and 12/15/17, 02/28/18, 03/21/18, 06/21/18, 08/23/18, 11/29/18, 02/28/19, 08/28/19 and 10/23/19.

No documents filed since prior hearings.  Prior notes remain: 

  • Need status re settlement.

Appearance by counsel mandatory.

 

2201274 ESTATE OF RICHARD A. LUTZ

PrC§12200 Status Report of Administration.

Recommend continuance to 06/16/20 to allow time for agreement to be reached between heirs.

Appearance by counsel not required.

 

PR18000221 ESTATE OF HORACE SEARCIE

First and Final Account and Report and Petition for Final Distribution continued from 12/12/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000238 ESTATE OF JOHN D. RAMOS

Account Review Hearing continued from 12/11/19.

Recommend confirm 02/14/20 hearing on PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel not required.

 

PR18000314 ESTATE OF DIANE FRANCIS BELLO

Related Case No. PR18000332.

Inventory Review Hearing.

Recommend continuance to 05/21/20 to allow time for Order for Probate to be signed and Letters of Administration to be issued.

Appearance by counsel not required.

 

PR18000332 ESTATE OF DIANE I. KAISER

Related Case No. PR18000314.

Inventory Review Hearing.

Recommend continuance to 05/21/20 to allow time for Order for Probate to be signed and Letters of Administration to be issued in Related Case No. PR18000314.

Appearance by counsel not required.

 

PR18000617 ESTATE OF ANDREW DANIEL CASTANEDA SR.

Account Review Hearing:

  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.
  • Need Petition for Final Distribution or PrC§12200 Status Report of Estate with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

PR18000784 ESTATE OF GUY TRUJILLO

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Estate with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

PR19000271 ESTATE OF MARIAN P. HERNANDEZ

Inventory Review Hearing:

  • Letters issued 07/26/19.  Inventory and Appraisal due 11/26/19.
  • Need Final Inventory and Appraisal.

Appearance by personal representative (pro per) mandatory.

 

PR19000485 ESTATE OF ROBERT DONALD MOLINE

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

Recommend Discharge Review Hearing 08/26/20.

Court will sign submitted order, appearance not required.

 

PR19001067 MATTER OF GUIDO AND BOBBIE BETTINZOLI FAMILY TRUST

Verified Petition for: 1) Rescission and Damages for Fraud; 2) Accounting; 3) Suspension and Removal of Trustee; 4) Recovery of Bypass Trust Property Under PrC§850; 5) Recovery of All Trust Property Under PrC§850; 6) Recovery of Damages and Attorney’s Fees; 7) Order Voiding 2016 Trust Due to Lack of Capacity; 8) Order Voiding 2016 Trust Due to Undue Influence; 9) Order Voiding 2016 Trust Due to Fraud; 10) Breach of an Agreement to Devise Trust Assets; 11) Constructive Trust/Blocked Account; and 12) Order Preventing Respondent from Using Trust Assets to Defend 2016 Trust continued from 12/12/19.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

PR19001070 MATTER OF GERALD L. BREWER

Petition to Compel Third Party to Honor Authority of Attorney-in-Fact and for Attorney Fees and Costs continued from 12/06/19:

  • Need itemization of attorney’s fees and costs.
  • Need Order.

Appearance by counsel mandatory.

 

PR19001121 ESTATE OF PATRICK ANDREW SERES

Petition for Letters of Administration continued from 12/12/19.

No documents filed since prior hearing.  Prior notes remain:

  • Item 1 of petition omits name of newspaper.
  • Item 3c of petition omits county.
  • Item 3g(2)(c) of petition omitted.
  • Item 8 of petition omits name, relationship and address for petitioner.
  • Notice of Petition to Administer Estate defective as Proof of Service by Mail item 2 omitted.
  • Need Proof of Publication.

Appearance by petitioner (pro per) mandatory.

 

PR19001140 ESTATE OF JUVENTINA CAMARILLO

Petition for Letters of Administration continued from 12/12/19:

  • Item 3c needs to give residence address located in Stanislaus County.
  • Item 5 of Declaration needs to be specific regarding the corrections.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.

Appearance by petitioner (pro per) mandatory. 

 

PR19001161 MATTER OF HARRY EVERN RIEGEL

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19001263 ESTATE OF MELVIN ALLEN SR.

Petition for Probate of Lost Will and for Letters Testamentary:

  • Item 4 of petition omitted.
  • Item 8 of petition does not confirm whether or not the predeceased children of decedent left living issue.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 03/05/20 to allow time to cure defects.

Appearance by counsel not required.

 

FRIDAY, JANUARY 24, 2020

 

Department 21

8:30 a.m.

 

PR19000625 MATTER OF THE JASON STARN TRUST

Related Case No. PR19000943.

Petition for Instructions and Order for Distribution of Trust Estate continued from 08/15/19, 09/19/19 and 01/16/20:

  • Objection on file.

Status Review Hearing continued from 01/16/20:

  • Re setting of long cause matter.

Appearance by counsel mandatory. 

 

Department 22

8:30 a.m.

 

2201037 ESTATE OF PETER K. BERRY

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

Recommend Discharge Review Hearing 8/25/20.

Court will sign submitted order, appearance not required.

 

2201441 ESTATE OF REONNE REASOR

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Recommend continuance to 03/06/20 to allow time to cure defect.

Appearance by counsel not required.

 

PR18000699 ESTATE OF MICHAEL G. ROLLINS

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

Recommend Discharge Review Heairng 08/25/20..

Recommend vacate 02/14/20 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR18000770 ESTATE OF SHIRLEY SCARBOROUGH

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

PR19000831 MATTER OF SHIVELY TRUST

Petition for Instructions to Trustee to Market and Solicit Offers for Sale of Trust Real Property, or in the Alternative to Distribute Trust Share, to Issue Notice of proposed Action, and to Issue Notice to Pay Rent or Quit to Tenant of Trust Real Property continued from 09/20/19 and 10/25/19:

  • Need status re settlement.

Appearance by counsel mandatory.

 

PR19001042 ESTATE OF WALTER OTIS HEATH JR.

Petition for Letters of Administration continued from 11/27/19 recommended for approval.

Recommend Inventory Review Hearing 08/07/20.

Court will sign sumbitted order, appearance not required.

 

PR19001096 ESTATE OF ROY HENRY PETERSON

Petition for Probate of Will and for Letters Testamentary continued from 12/11/19 recommended for approval.

Recommend Inventory Review Hearing 08/07/20.

Court will sign submitted order, appearance not required.

 

PR19001268 ESTATE OF GUILLERMINA DEL RIO

Petition for Letters of Administration:

Item 2b of petition omits names.

Item 3g(1)(c) of petition inappropriately marked as 3g(2) is marked.

Item 6 of petition inappropriately marked as there is living issue (children of decedent).

Item 7 of petition inappropriately marked as there is living issue (children of decedent).

Recommend continuance to 03/06/20 to allow time to cure defects.

Appearance by counsel not required.

 

Department 24

8:30 a.m.

 

444451 MATTER OF ELAINE LONG TRUST

Status Review Hearing continued from 11/20/19, 12/12/19 and 01/16/20:

  • Need status re: disbursement of surcharges and attorney’s fees.

Appearance by counsel mandatory. 

 

MONDAY, JANUARY 27, 2020

No probate matters scheduled.

 

TUESDAY, JANUARY 28, 2020

 

Department 23

8:30 a.m.

 

2200623 MATTER OF ERICH HOFMANN TESTMENTARY TRUST – a) Petitioners Sharon Hofmann and Gary Hofmann’s Motion for Attorney’s Fees b) Cross-Defendants John Brichetto & Jacquline Brichetto’s Motion for Attorney’s Fees continued from - Both motions for attorneys’ fees continued from 12/12/19:

See Tentative Ruling.

 

WEDNESDAY, JANUARY 29, 2020

No probate matters scheduled.

 

THURSDAY, JANUARY 30, 2020

No probate matters scheduled.

 

FRIDAY, JANUARY 31, 2020

No probate matters scheduled.

 

MONDAY, FEBRUARY 3, 2020

 

Department 22

8:30 a.m.

 

PR18000731 ESTATE OF FLORENCE NIGHTINGALE MADOLE HOFFMANN

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

PR18000759 ESTATE OF JEFFREY S. DAVIS

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

Last updated: January 17, 2020 11:34 AM