January 20, 2021

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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.

TUESDAY, JANUARY 19, 2021

No probate matters scheduled.

 

WEDNESDAY, JANUARY 20, 2021

Department 22

8:30 a.m.

 

334534 ESTATE OF JUTIN R. WOOD

Order to Show Cause:

  • Re:  Possible sanctions for failure to appear at prior hearing.
  • Declaration on file.

PrC§12200 Status Report of Administration continued from 12/01/20:

  • Notice of Hearing on file for 02/10/21 hearing date.

Appearance by counsel mandatory by VCourt.

Confirm 02/10/21 hearing on Account Review Hearing.

 

444857 MATTER OF KATHERINE O’KEEFE SPECIAL NEEDS TRUST

Account Review Hearing continued from 06/10/20, 08/25/20, 10/27/20 and 12/02/20.

Recommend confirm 04/15/21 hearing on Eighth Account and Report of Successor Trustees.

Appearance by counsel not required.

 

PR-19-000552 ESTATE OF DOUGLAS BERNARD PIERCE

Account Review Hearing:

  • Need verification signed by personal representative on Final Inventory and Appraisal.
  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration (should have been filed by 08/07/20).

Appearance by counsel mandatory by VCourt.

 

PR-19-000575 ESTATE OF CYNTHIA WIESEL

Inventory Review Hearing continued from 01/09/20, 02/27/20, 04/30/20, 07/16/20 and 10/07/20 and 12/02/20:

  • Letters issued 07/09/19.  Inventory and Appraisal due 11/09/19.
  • Need Final Inventory and Appraisal.

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

 

PR-19-000629 ESTATE OF SHANNON MARIE BIGLEY

Inventory Review Hearing continued from 08/07/20, 08/27/20 and 11/05/20.

No documents filed since prior hearing.  Prior notes remain:

  • Need bond in minimum amount of $20,000.00.
  • Need Letters (Order filed 01/09/20).

Appearance by counsel mandatory by VCourt.

 

PR-19-000992 ESTATE OF DEENA LEE CARR

Account Review Hearing continued from 12/02/20.

PrC§12200 Status Report of Administration.

Recommend continuance to 03/24/21 to allow time for auto to be sold and petition for final distribution be completed and filed.

Appearance by counsel not required.

 

PR-19-001138 ESTATE OF RONALD WALTER ASCHWANDEN

Account Review Hearing.

Petition for Final Distribution on Waiver of Account:

  • Need copy of closing statement for sale of real property.
  • Need Schedule showing gain/loss for sale of real property.
  • Need recalculation of statutory fees based on gain or loss.
  • May require new Order based on recalculations.

Recommend continuance to 03/17/21 to allow time to cure defects.

Appearance by counsel not required.

 

PR-19-001144 ESTATE OF AUGUSTINE AZEVEDO

Inventory Review Hearing.:

  • Letters issued 08/17/20.  Inventory and Appraisal due 12/17/20.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by VCourt.

 

PR-19-001216 ESTATE OF ALWANDA M. FARRIS

Account Review Hearing.

Recommend confirm 03/10/21 hearing on PrC§12200 Status Report of Administration.

Appearance by counsel not required.

 

PR-19-001253 ESTATE OF WILLIAM JOSSEPH BRUNO

Account Review Hearing:

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

Appearance by counsel mandatory by VCourt.

 

PR-20-000081 MATTER OF FRANK JULIAN SALES REVOCABLE LIVING TRUST

Account Review Hearing continued from 11/17/20.

  • Accounting due by 12/28/20 from Trustee not on file. 

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, 07/28/20, 08/18/20 and 11/17/20:

  • No written objection on file.

Appearance by counsel and trustee mandatory by VCourt.

 

PR-20-000302 ESTATE OF HAROLD DANIEL CARR

Inventory Review Hearing continued from 12/02/20.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/03/21.

Appearance by counsel not required.

 

9:30 a.m.

 

2200671 MATTER OF LORRAINE VIERRA 2000 TRUST

Status Review Hearing continued from 9/14/18, 01/31/19, 03/05/19, 06/26/19, 08/29/19, 10/23/19, 12/11/19, 06/04/20 and 1029/20

No documents filed since prior hearing.  Prior notes remain:

  • Need status re sale of real property ordered by the court on 03/05/19.

Appearances by counsel and pro per mandatory by VCourt.

 

PR-19-000365 ESTATE OF CAROLYN LEE JOHANSEN

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

  • Need Corrected Final Inventory and Appraisal before review of first and final account can be completed.

Recommend continuance to 03/17/21 to allow time to cure defect.

Appearance by counsel not required.

 

PR-19-001305 ESTATE OF ISABEL G. RUSSO

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

Recommend Discharge Review Hearing 07/20/21.

Recommend vacate 02/17/21 hearing on Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR20000198 ESTATE OF BRENT LAWRENCE BIXBY

Spousal Property Petition continued from 11/02/20.

Recommended for approval.

Recommend continuance to 03/18/21 to allow time to file Petition to Terminate Poceedings and Discharge of Personal Representative.

Court will sign submitted order, appearance not required.

 

PR20000480 MATTER OF EVERS 1997 FAMILY TRUST

Amended Petition to Object to Accounting and Determine Beneficiaries continued from 10/06/20 and 1104/20.

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

  • Objections on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by VCourt.

 

PR-20-000581 ESTATE OF ALICE DARLENE LABATTE

Related Case No. PR-20-000674 (competing petition).

Petition for Probate of Will and for Letters Testamentary continued from 09/30/20 and 10/22/20 and 12/01/20.

No documents filed since prior hearing.  Prior notes remain:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Caption omits marking the box requesting Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 1 of petition omits name of newspaper.
  • Item 2b of petition omits name.
  • 5a(3) or (4) of petition omitted.
  • 5a(7) or (8) of petition omitted.
  • 5(b) of petition omitted.
  • Item 8 of petition does not list all persons named in Will.
  • Item 8 of petition does list names exactly as they appear in Will.
  • Need Declarations of Due Diligence re unknown addresses.
  • Need Duties and Liabilities of Personal Representative.
  • Need Notice to Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.

Need Letters with original signature.

Appearance by petitioner (pro per) mandatory by VCourt.

 

PR-20-000625 MATTER OF JOHN & BERNICE HOMEN TRUST

Petition for Order Confirming Trust Assets continued from 10/15/20 and 12/01/20.

Recommended for approval.

Court will sign submitted order, appearance not required.

Recommend vacate 03/11/21 hearing.

 

PR-20-000674 ESTATE OF ALICE D. LABETTE

Related Case No. PR-20-000581 (competing petition).

Petition for Letters of Administration continued from 10/22/20 and 12/01/20.

  • No technical defects.

Possible Long Cause Matter.

Appearance by counsel mandatory by VCourt.

 

PR-20-000726 MATTER OF ELVIN AVINESH PRASAD

Spousal Property Petition continued from 11/05/20:

  • Need Guardian Ad Litem for minors (unbiased).

Recommend further continuance to 03/10/21 to allow time for Guardian Ad Litem to be appointed and given notice of hearing.

Appearance by counsel not required.

 

PR-20-000902 MATTER OF PHELPS FAMILY TRUST

Petition to Modify Trust.

Submitted to Judge for determination.

Appearance by counsel mandatory by VCourt.

 

PR-20-001026 ESTATE OF FEDERICO HERNANDEZ LOPEZ

Petition for Letters of Administration with $225,000.00 bond recommended for approval.

Recommend Inventory Review Hearing 07/20/21.

Court will sign submitted order, appearance not required.

 

PR-20-001033 MATTER OF JULIAN J. AGUIRRE JR.

Spousal Property Petition:

  • Need proof of mailing to Department of Health Services.

Recommend continuance to 03/17/21 to allow time to cure defect.

Appearance by counsel not required.

 

PR-20-001040 MATTER OF ENEDINA BRYANT

Petition to Determine Succession to Real Property

Recommended for approval.

Court will sign submitted order, appearance not required.

Need Order.

 

PR-20-001050 ESTATE OF HELEN LUCY FREITAS

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

Recommend Inventory Review Hearing 07/20/21.

Court will sign submitted order, appearance not required.

 

THURSDAY, JANUARY 21, 2021

Department 22

8:30 a.m.

 

2201031 ESTATE OF ELIZABETH AVILA AZEVEDO

Account Review Hearing continued from 09/12/19, 11/13/19, 12/11/19, 02/27/20, 06/11/20, 08/26/20, 10/27/20 and 01/07/21:

  • 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.

 

PR-18-000603 ESTATE OF PHILIP ROSS FEEBECK

Discharge Review Hearing continued from 07/23/21.

No documents filed since prior hearing.  Prior notes remain:

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

Appearance by counsel mandatory by VCourt.

 

PR-19-000303 ESTATE OF KENNETH MADDERRA

Account Review Hearing continued from 07/23/21.

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

Court file review not yet complete.  Please recheck website.

 

PR-19-000314 ESTATE OF RODNEY WAYNE LEE

Discharge Review Hearing continued from 09/18/20:

  • Need Receipts on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order with recording information submitted for signature.

Recommend continuance to 05/20/21, as requested in Status Report on file, to allow time for tax matters to be completed.

Appearance by counsel not required.

 

PR-19-000832 ESTATE OF AGUSTIN R. ASCENCIO

Account Review Hearing continued from 09/30/20 and 1104/21.

Recommend confirm 02/24/21 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR-19-001229 ESTATE OF LARRY M. MANES

Inventory Review Hearing continued from 08/06/20 and 10/27/20.

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.

 

PR-19-001234 ESTATE OF SUSAN ELOISE BROWER

Inventory Review Hearing continued from 08/04/20 and 10/29/20:

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 03/18/21.

Appearance by counsel not required.

 

PR-20-000273 ESTATE OF LINDA MARIE VIRGIN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 02/23/21 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

PR-20-000283 ESTATE OF LEON POWERS

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 07/27/21.

Appearance by counsel not required.

 

PR-20-000284 ESTATE OF STEPHEN BRIAN ZBRUDZEWSKI

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 07/27/21.

Appearance by counsel not required.

 

PR-20-000287 ESTATE OF RAVINDRA KUMAR DASS

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 07/27/21.

Appearance by counsel not required.

 

PR-20-000371 ESTATE OF TONY LEE CLARK

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 07/27/21.

Appearance by counsel not required.

 

PR-20-000710 MATTER OF CYNTHIA J. GOODMAN TESTAMENTARY TRUST

Petition to Compel Trustee to Act; Petition for Remedies for Breach of Trust; and Petition for Accounting continued from 11/18/20.

Submitted to Judge for determination.

Appearance by counsel and trustee mandatory by VCourt.

 

9:30 a.m.

 

2201107 MATTER OF OLIVER W. BENBOW TESTAMENTARY TRUST

Status Review Hearing continued from 12/06/17, 03/09/18, 07/05/18, 10/04/18, 02/28/19, 01/10/20 and 05/01/20 and 07/17/20:

  • Need status re compliance with settlement.

Appearance by counsel mandatory by VCourt.

 

PR-18-000741 ESTATE OF KENNETH JACK HOWE

Petition for Final Distribution on Waiver of Account.

Court file review not yet completed.  Please recheck website.

 

PR-19-001201 ESTATE OF BRIAN D. MELTON

Petition for Final Distribution on Waiver of Account.

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

Court file review not yet completed.  Please recheck website.

 

PR-20-000471 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, 08/27/20 and 10/27/20:

  • Need status re: professional fiduciary.

Need Order.

Appearance by counsel mandatory by VCourt.

 

PR-20-000988 MATTER OF FERNANDO MARENTES ROMO

Spousal Property Petition continued from 01/14/21:

  • Item 9 of petition omits relationships.
  • Guardian ad Litem shall be unbiased and not from the maternal side of family.
  • Need Notice of Hearing on behalf of minors.

Recommend continuance to 03/18/21 to allow time to cure defects.

Appearance by counsel not required.

 

PR-20-001044 ESTATE OF JON MICHAEL GALT

Petition for Probate of Will and for Letters Testamentary:

  • Incorrect box marked in caption as no executor named (correct filing is Petition for Probate of Will and for Letters of Administration with Will Annexed).
  • May require minimum $20,000.00 bond for out-of-state personal representative Michael Galt as address under item 8 is located in Colorado.  Need explanation.
  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 3c of petition omits county.
  • Need Waivers of Bond forms signed by beneficiaries.
  • Item 3g(2)(a) and (b) of petition omitted.
  • Item 3h(b) of petition does not list Michael Galt as living out-of-state.  Need explanation.
  • Item 6 of petition incorrectly marked as there are living issue (children of decedent).
  • Item 7 of petition incorrectly marked as there are living issue (children of decedent).
  • Item 8 does not list all persons named in Will.
  • Item 8 does not list names exactly as they appear in Will.
  • Need Duties and Liabilities of Personal Representatives.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signatures.

Recommend continuance to 03/18/21 to allow time for defects to be cured.

Appearance by petitioners (pro pers) mandatory by VCourt.

 

PR-20-001046 ESTATE OF SAMNANG LENG

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 07/21/21.

Court will sign submitted order, appearance not required.

Need Order and Letters.  Waivers of Bond not required by siblings.

 

PR-20-001047 ESTATE OF GLADYS IONE GROOMES

Petition for Probate and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will and Codicil not self-proving.
  • Item 3e(2) of petition incorrectly marked.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.

Recommend continuance to 03/18/21 to allow time for defects to be cured.

Appearance by counsel not required.

 

Department 24

8:30 a.m.

 

PR18000785 ESTATE OF KEVIN A. MONZON

Inventory Review Hearing continued from 07/25/19, 12/12/19 and 06/11/20 and 10/08/20:

  • Letters issued 01/25/19.  Inventory and Appraisal due 05/25/19.
  • Need Final Inventory and Appraisal.

Recommend confirm 03/09/21 hearing on PrC§12200 Status Report of Administration.

Appearance by counsel not required.

 

PR-18-000851 ESTATE OF ANITA L. VANWINKLE

Discharge Review Hearing continued from 12/10/21:

Petition for Order Confirming Title of Real Property.

Court file review not yet complete.  Please recheck website.

 

PR-19-001011 ESTATE OF STEPHEN E. BLAIRE

Inventory Review Hearing continued from 06/18/20, 08/18/20 and 11/20/20:

  • Partial No. 1 Inventory and Appraisal on file.
  • Need Final Inventory and Appraisal.

Account Review Hearing:

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

Appearance by counsel mandatory by VCourt.

 

FRIDAY, JANUARY 22, 2021

No probate matters scheduled.

 

MONDAY, JANUARY 25, 2021

Department 23

10:00 a.m.

 

2201311 ESTATE OF GWENDOLYN REYNOLDS

Related Case No. PR18000845 and PR1900039.

Settlement Conference.

Appearances mandatory by VCourt.

 

Department 24 

10:00 a.m.

 

2200914 ESTATE OF THOMAS ROUNDTREE JR. 

Settlement Conference. 

  • Settlement Conference Statements on file. 

Appearances mandatory by VCourt.

Last updated: January 18, 2021 7:58 PM