June 25, 2019

A A A
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, JUNE 26, 2019

 

Department 22

8:30 a.m.

 

445340 MATTER OF JUSTICE VAN DYKE SPECIAL NEEDS TRUST

Third Account and Report of Trustee; Petition to Settle Accunt; to Accept Resignation of Trustee, for Appointment of Successor Trustee; to Set Bond; and to Fix and Allow Trustee and Attorneys' Fees and Costs recommended tor approval with matteer of attorneys' fees submitted to Judge for determination..

Recommend Account Review Hearing 05/07/21..

Court will sign submitted order (with change to attorneys' fees if required), appearance by counsel not required.

 

445370 ESTATE OF MARY F. VAUGHN 

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

Recommend continuance to 10/01/19 to allow time for litigation to be completed. 

Appearance by counsel not required.

 

2200671 MATTER OF LORRAINE VIERRA 2000 TRUST 

Order To Show Cause issued to Daniel Costa:

  • Need status re his vacating the real property. 

Status Review Hearing. 

  • Need status re sale of real property. 

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 and 03/05/19:

Opposition filed 09/10/18 by Daniel Costa, pro per (need $435.00 filing fee). 

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

Appearances by counsel and pro per are mandatory.

 

2201400 ESTATE OF GEORGE BACHNER JR. 

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

Recommend Discharge Review Hearing 01/24/10.

Court will sign submitted order, appearance not required.

 

2201425 ESTATE OF THERESA LEE GILL 

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201. 

Recommend continuance to 08/21/19 to allow time to cure defect. 

Appearance by personal representative (pro per) not required.

 

PR18000108 MATTER OF LENA O. McDONOUGH LIVING TRUST 

Status Review Hearing continued from 05/22/19: 

  • Need status re settlement. 

Petition for Removal of Successor Trustee; to Suspend Powers of Successor Trustee and to Remove Successor Trustee, etc., continued from 07/13/18, 09/21/18 and 05/22/19: 

  • Response on file. 

Respondent Deanna L. Lyons’ Notice of Motion and Motion to Compel Further Responses to Special Interrogatories, Set One, Request for Production of Documents, Set One, and Request for Sanctions continued from 05/22/19 — HEARING REQUIRED RE DISCOVERY REFERENCE.

 

PR18000701 ESTATE OF ANGIE SNOWDALL 

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

Recommend Discharge Review Hearing 01/29/20.

Recommend vacate 07/10/19 Inventory Review Hearing. 

Court will sign submitted order, appearance not required.

 

PR19000479 ESTATE OF BETTY JEAN SCHAFER 

Petition for Probate and for Letters Testamentary recommended for approval. 

Recommend Inventory Review Hearing 12/20/19. 

Court will sign submitted order, appearance not required.

 

PR19000513 ESTATE OF JAMES V. KENYON 

Petition for Probate and for Letters Testamentary: 

  • Item 4 of petition omitted. 
  • Item 5a(5) and 5a(5)(a) of petition omitted per item 8 of petition. 
  • Item 5a(6) of petition incorrectly marked per item 8 of petition. 
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone numbers.  

Recommend continuance to 08/21/19 to allow time to cure defects. 

Appearance by counsel not required.

 

PR19000516 ESTATE OF MATTHEW J. BRADFORD 

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/20/19.

Court will sign submitted order, appearance not required.

 

THURSDAY, JUNE 27, 2019

 

Department 22 

8:30 a.m.

 

33869 ESTATE OF RUDY BONZI 

Related to Case No. 429809. 

Status Review Hearing continued from 09/29/16, 06/27/17 and 06/27/18: 

  • Need status re settlement agreement and further administration of estate. 

Appearance by counsel mandatory.

 

428536 MATTER OF GILES REVOCABLE TRUST 

Status Review Hearing. 

  • Need status re this matter. 

Appearances by counsel mandatory.

 

429809 ESTATE OF MARY ANN BONZI 

Related to Case No. 33869. 

Status Review Hearing continued from 09/29/16, 06/27/17 and 06/27/18: 

  • Need status of administration. 

Appearance by counsel mandatory.

 

430798 MATTER OF SOCORRO PEDROSO SPECIAL NEEDS TRUST 

Petition for Withdrawal of Funds from Blocked Account: 

  • Need oral testimony re benefits to beneficiary of trust. 

Appearance by petitioner/trustee (pro per) mandatory.

 

2200860 ESTATE OF BARBARA BROWN 

PrC§12200 Report of Status of Administration from 03/05/19 and 03/26/19. 

Recommend confirm 08/13/19 hearing on PrC§12200 Report of Status of Administration filed 06/18/19.  

Appearance by counsel not required.

 

2201031 ESTATE OF ELIZABETH AVILA AZEVEDO 

Account Review Hearing: 

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

Inventory Review Hearing continued from 09/07/18, 12/07/18 and 03/14/19: 

  • Letters issued 03/14/18.  Inventory and Appraisal due 07/14/18. 
  • Partial No. One Inventory and Appraisal on file.
  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory.

 

2201388 ESTATE OF ANNE B. MAZUROSKI

Hearing vacated.

 

2201421 ESTATE OF HARLEY GENE BLANDFORD 

Petition for Termination of Proceedings and Discharge. 

Recommended for approval. 

Court will sign submitted order, appearance not required.

 

PR18000657 ESTATE OF VENITA JEAN JAMISON 

Inventory Review Hearing: 

  • Letters issued 01/08/19.  Inventory and Appraisal due 05/08/19. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory. 

 

PR19000263 ESTATE OF CHRISTINA MARIE BROWN 

Petition for Letters of Administration continued from 05/02/19:

  • Recommend bond in amount of $130,000.00 or Waivers of Bond by Heirs (mandatory judicial form DE-142). 
  • Request with general powers used only with Petition for Letters of Special Administration (box inappropriately marked). 
  • Item 2d of petition omitted. 
  • Item 3e(2) of petition inappropriately marked. 
  • Item 3g(1)(b) of petition inappropriately marked. 
  • Item 3g(4) of petition inappropriately marked. 
  • Item 5a(3) or (4) of petition omitted. 
  • Item 5a(7) or (8) of petition omitted. 
  • Item 6(f) of petition inappropriately marked.
  • Item 8 of petition omits relationships. 
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 
  • Need Order completed properly. 

Recommend further continuance to 08/22/19, as requested by newly retained attorney, to allow time to cure defects. 

Appearance by counsel not required.

 

PR19000427 MATTER OF CARLA MORELINI TRUST

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

Recommended for approval. 

Court will sign submitted order, appearance not required.

 

PR19000495 MATTER OF TYLER KUMLER AND JAZMIN KUMLER 

Petition for Order Designating a Successor Custodian.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000496 MATTER OF JORDYN LEE KUMLER AND DYLANN D. KUMLER 

Petition for Order Designating a Successor Custodian.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000522 ESTATE OF WANDA MAE MORRIS 

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

Recommend Inventory Review Hearing 01/07/20.

Court will sign submitted order, appearance not required.

 

FRIDAY, JUNE 28, 2019

 

Department 22

8:30 a.m.


445521 ESTATE OF CATHERINE K. SEDER

Status Review Hearing.

  • Need status re administration of estate.

Appearance by counsel mandatory.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

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

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

Recommend continuance to 08/23/19 to allow time to cure defects.

Appearance by counsel not required.

 

2200387 MATTER OF HIROTA FAMILY TRUST

Petition for Settlement of the 3rd Annual Account & Report of the Bypass Trust and 4th Account of the Family trust; and Approval of Trustee Compensation and Attorneys’ Fees recommended for approval.

Recommend Account Review Hearing 05/21/21.

Court will sign submitted order, appearance not required.

 

2200993 ESTATE OF THERESA J. FAGNAN

Discharge Review Hearing.

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

Appearance by personal representative (pro per) mandatory.

 

2201043 ESTATE OF NANCY ELLEN CAMPBELL

Discharge Review Hearing continued from 03/28/19.

Recommend continuance to 10/08/19 as requested in Status Report on file.

Appearance by counsel not required.

 

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 and 02/28/19.

  • Notice of Settlement of Entire Case on file.

Recommend continuance to 01/10/20 to allow time to comply with settlement.

Appearance by counsel not required.

 

2201143 ESTATE OF GLYNESS FAY COUCH

Discharge Review Hearing:

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

Appearance by counsel mandatory.

 

2201311 ESTATE OF GWENDOLYN REYNOLDS

Related Case Nos. PR18000845 and PR19000039.

Account Review Hearing continued from 04/09/19.

Petition for Suspension of Powers and Removal of Charles Denver Reynolds, II, Administrator of the Estate filed 02/13/19.

  • Contests, Objections and Reply on file.

Petition for Preliminary Distribution to Shawn Reynolds filed 08/08/18.

  • Objections and Reply on file.

Possible Long Cause Matter,

Appearance by counsel mandatory.

 

PR18000845 ESTATE OF GWENDOLYN REYNOLDS

Related Case Nos. 2201311 and PR19000039.

Petition to Determine Title to and Require Transfer of Real Property and Personal Property to Shawn Reynolds continued from 03/29/19.

  • Opposition filed 03/22/19.

Possible Long Cause Matter.

Appearance by counsel mandatory. 

 

PR19000039 ESTATE OF GWENDOLYN REYNOLDS
Related Case Nos. 2201311 and PR18000845.

Petition for Conveyance or Transfer of Estate Property; Conversion; Elder Abuse – Financial; Elder Abuse – Neglect; Breach of Fiduciary Duty; Undue influence; Trespass to Real Property continued from 02/27/19, 03/15/19 and 03/29/19.

  • Opposition filed 03/01/19.

Possible Long Cause Matter.

Appearances by counsel mandatory.

 

PR19000533 ESTATE OF BILL ARNOLD DANIEL SR.

Petition for Probate of Will and for Letters Testamentary:

  • Caption omits marking box for Probate of Will and for Letters of Administration with Will Annexed.
  • May require bond for administrator unless Waivers of Bond by Beneficiary filed.
  • Item 2b(2) of petition omit.
  • Item 3e(3) of petition omitted as both petitioners are not named as executor in the Will.
  • Item 3f(2) of petition not completed as Will is self-proving.

Recommend continuance to 08/23/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000547 ESTATE OF JAMES RANDALL VINYARD

Petition for Letters of Administration:

  • May require minimum bond in amount of $20,000.00.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 08/23/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR1900049 ESTATE OF NAOMI MILLS

Petition for Probate of Will and for Letters Testamentary:

  • Item 4 of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 8 of petition does not list all names in Will.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Item 2 of Notice of Petition to Administer Estate Proof of Service omitted.
  • Need Proof of Publication.

Recommend continuance to 08/23/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000555 ESTATE OF DAVID ALLEN ROSE

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 01/07/20.

Court will sign submitted order, appearance not required.

 

MONDAY, JULY 1, 2019

No probate matters scheduled.

 

TUESDAY, JULY 2, 2019

 

Department 22

8:30 a.m.

 

2200638 ESTATE OF DARYEL JOSEPH KASINGER 

Account Review Hearing continued from 03/06/19. 

PrC§12200 Status Report of Administration continued to 08/20/19. 

Appearance by counsel not required.

 

2200802 ESTATE OF NORMAN M. REYNOLDS SR. 

First and Final Account and Report and Petition for Final Distribution continued from 06/15/18, 08/10/18, 10/31/18, 01/24/19, 03/08/19 and 05/01/19. 

No documents filed since prior hearings.  Prior notes remain: 

  • Page 2, line 2, of petition gives incorrect date of death. 
  • Need Corrected Final Inventory and Appraisal including all assets as of date of death (unclaimed fund, annuity, real property, and personal property items). 
  • Page 3, line 6, of petition gives $98,711.36 as annuity amount as of date of death, and $850.00 for sale of personal property which has not been valued by the probate referee. 
  • Page 6, line 10, of petition gives $99,304.69 as annuity amount. 
  • Need supporting documentation for co-administer travel expenses. 
  • Need language re withhold exceeding $1,500.00 pursuant to LR8.68. 
  • Need itemization of costs of administration (including date, payee, payor, explanation and charge). 
  • Exhibit D does not include Declaration in Support of Attorney’s Compensation. 
  • Exhibit D not included as Settlement and Release Agreement behind Exhibit “E”. 
  • Exhibit E does not include agreed upon rental estimation. 
  • Exhibit F does not include Agreement and Release. 
  • Need Notice of Hearing. 
  • Need Order. 

Appearance by counsel mandatory.

 

2200914 ESTATE OF THOMAS ROUNDTREE JR. 

PrC§12200 Status Report of Administration: 

  • Need Notice of Hearing pursuant to PrC§12201. 

Recommend continuance to 08/27/19 to allow time to cure defect. 

Appearance by counsel not required.

 

2201230 MATTER OF CLEO PATRICIA SPENCER 2015 REVOCABLE TRUST 

Second Account Current and Report of Trustee, and for Approval of Attorney’s Fees recommended for approval. 

Recommend Account Review Hearing 05/21/21. 

Court will sign submitted order, appearance not required.

 

PR19000511 ESTATE OF KRISTIN CHERYL FOSTER 

Petition for Probate of Will and for Letters Testamentary: 

  • Item 1 of petition omits name of newspaper. 
  • Item 3f(2) of petition not completed correctly as Will not self-proving.
  • Item 5a(3) or (4) of petition omitted. 
  • Item 8 of petition omits name and date of death for predeceased spouse. 
  • Need explanation as to why item 8 of petition lists petitioner as son of decedent while Will lists petitioner as nephew of decedent. 
  • Need Order.
  • Need Letters with original signature. 

Recommend continuance to 08/27/19 to allow time to cure defect. 

Appearance by counsel not required.

 

PR19000530 ESTATE OF MANUEL L. MONIZ JR. 

Petition for Probate of Will and for Letters Testamentary: 

  • Item 4 of petition omitted. 
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 

Recommend continuance to 08/27/19 to allow time to cure defect. 

Appearance by counsel not required.

 

Department 24 

9:00 a.m.

 

2201461 MATTER OF RUDY GLENDA ESPINOZA FAMILY TRUST 

Law and Motion Matters: 

  1. Request to Dismiss the Second Amended Petition with Prejudice on the Grounds that the Petitioner Lacks Standing to Bring this Petition pursuant to Probate Code Section § 17202, and the probate Court Lacks Jurisdiction over the petition, and

  2. In the Alternative, Request that the Probate Court Order that all Parties be Properly and Timely served.

    See Tentative Rulings.

Last updated: June 25, 2019 4:51 PM