December 11, 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, DECEMBER 11, 2019

 

Department 22

8:30 a.m.

 

220875 ESTATE OF KIRBY J. HENSLEY

Related to Case No. 402602.

Account Review Hearing continued from 10/19/18, 02/06/19 and 07/11/19:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

402602 ESTATE OF LIDA G. HENSLEY

Related to Case No. 220875

Account Review Hearing continued from 10/19/18, 02/06/19 and 07/11/19:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

445288 MATTER OF GEORGE T. MORRISON JR REVOCABLE SURVIVORS TRUST

Motion by Paula Charron for an Order Taxing Costs continued from 10/29/19:

  • Opposition on file.
  • Reply to Opposition on file.

See Tentative Ruling.

 

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.

Recommend continuance to 01/22/20 to allow time to provide Notice of Hearing pursuant to PrC§12201.

Appearance by counsel 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 continued from 06/26/19, 08/28/19 and 10/23/19:

  • Matter vacated.

Status Review Hearing continued from 9/14/18, 01/31/19, 03/05/19, 06/26/19, 08/29/19 and 10/23/19:

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

Appearances by counsel and pro per are mandatory.

 

2200435 ESTATE OF GURMUKH GILL

PrC§12200 Status Report of Administration continued from 08/14/19, 09/25/19 and 11/13/19.

Recommend continuance to 03/11/20 to allow time for petition for final distribution to be completed and set for hearing.

Appearance by counsel not required.

 

2201031 ESTATE OF ELIZABETH AVILA AZEVEDO

Account Review Hearing continued from 09/12/19 and 11/13/19:

  • 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 continued from 11/13/19:

  • No response on file from Paulo Henrique Azevedo.

Appearance by counsel mandatory.

 

2201197 ESTATE OF MARIE LUPE HARTER

Account Review Hearing continued from 10/16/18, 12/27/19, 02/21/19, 03/27/19 and 07/10/19. 

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.

 

PR18000238 ESTATE OF JOHN D. RAMOS

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.

 

PR18000336 ESTATE OF ANGELA B. ORTEGA

Account Review Hearing continued from 09/17/19 and 11/13/19.

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

Recommend Discharge Review Hearing 07/16/20.

Court will sign submitted order, appearance not required.

 

PR18000370 ESTATE OF NICHOLAS WILLIAM BURNS

Account Review Hearing continued from 09/11/19 and 11/13/19.

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

Recommend Discharge Review Hearing 07/16/20.

Court will sign submitted order, appearance not required.

 

PR18000481 ESTATE OF EMERY GLEN INGRAM JR.

Account Review Hearing continued from 10/16/19 and 11/13/19.

Petition for Final Distribution on Waiver of Account continued from 10/16/19 and 11/13/19:

  • Need schedule showing loss from sale of real property (date of death value less sales price, not proceeds).
  • Need recalculation of statutory fees including loss on sale of real property.
  • Need recalculation of distributions in accounting format.
  • Need revised Order including recalculations for fees and distributions..

Recommend continuance to 01/08/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000024 ESTATE OF EILEEN LORRAINE RAINY EARP-TANNER

Inventory Review Hearing continued from 11/13/19

Final inventory and Appraisal on file.

Recommend Account Review Hearing 04/21/20.

Appearance by counsel not required.

 

PR19000170 ESTATE OF TROY STEPHEN WILLIAMS

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

Recommend Discharge Review Hearing 07/16/20.

Court will sign submitted order, appearance not required.

 

PR19000446 ESTATE OF ELDON ROY LYONS

Inventory Review Hearing:

  • Need Corrected Final Inventory and Appraisal as:
  • Property Tax Certificate box not marked in caption.
  • Statement About Bond not dated and signed by attorney.

Recommend continuance to 01/22/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000728 MATTER OF BARBRA LOCKETT

Order to Show Cause for failure to appear.

  • May result in dismissal of action.

Petition to Determine Succession to Real Property continued from 09/04/19 and 10/23/19.

No documents filed since prior hearing.  Prior notes remain:

  • Item 7 of petition omitted.
  • No Attachment 8 to petition of Inventory and Appraisal.
  • Need Inventory and Appraisal valued by probate referee.
  • Item 9a(2) of petition omitted.   
  • Item 9a(5) of petition omitted.
  • Attachment 11 of petition omitted.
  • Item 13 of petition omitted.
  • Attachment 14 of petition omitted.
  • Need “Family Tree”.
  • Need copy of deed showing current title to real property.
  • Need Notice of Hearing with proof of service including Department of Health Services.
  • Need Order.

Appearance by petitioner (pro per) mandatory.

 

PR19000968 ESTATE OF JAMES KEITH WELLS

Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 11/06/19 recommended for approval.

Recommend Inventory Review Hearing 06/10/20.

Court will sign submitted order, appearance not required.

 

PR19001065 MATTER OF HILLAS REVOCABLE TRUST

Verified Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Revocable Trust:

  • Need supporting documentation showing that Title Company requested copy of Trust and/or Trust provided to Title Company upon purchase of real property.
  • Need Notice of Hearing pursuant to PrC§851(c).
  • Need Order.

Recommend continuance to 01/22/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19001096 ESTATE OF ROY HENRY PETERSON

Petition for Probate of Will and for Letters Testamentary:

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

Recommend continuance to 01/25/20 to allow time to cure defect.

Appearance by counsel not required.

 

PR19001099 MATTER OF DAVID MICHAEL SMITH

Spousal Property Petition:

  • Item 4c of petition omitted.
  • Item 5a(2) of petition omitted.
  • Need Attachment 7.
  • Need explanation for item 8 being marked and Attachment 8.
  • Need Order.

Recommend continuance to 01/08/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19001113 ESTATE OF MICHAEL LARRY IRONS

Related Case No. PR19001116.

Petition for Letters of Administration:

  • Recommend minimum $20,000.00 bond.
  • Item 3g(2)(a) of petition omitted.

Recommend continuance to 01/08/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR19001116 ESTATE OF MICHAEL LARRY IRONS

Related Case No. PR19001113.

Petition for Letters of Administration:

  • Recommend $1,250,000.00 bond.
  • Petitioner cannot file on behalf of others as stated in item 2 of the petition.
  • Item 3c of petition omits county.
  • Item 3g(2)(a) of petition omitted.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Need Duties and Liabilities of Personal Representative.
  • Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 01/08/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

THURSDAY, DECEMBER 12, 2019

 

Department 22

8:30 a.m.

 

2201321 ESTATE OF PEDRO H. QUINTEROS

Petition for Final Distribution on Waiver of Account:

  • Waiver of Account needs completion by trustee of trust with signature notarized.
  • Need itemization of all costs of administration.
  • Need Order.

Recommend continuance to 01/16/20 to allow time to cure defects.

Appearance by personal representative (pro per) not required.

 

PR18000221 ESTATE OF HORACE SEARCIE

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

  • Appears this is an insolvent estate and should be included in caption.
  • Corrected Inventory and Appraisal does not include Attachment 1 listing the assets.
  • Inventory and Appraisal does not appear to include the automobile.  Need explanation.
  • Itemization of costs does not include bond or other expenses paid by the personal representative.
  • Need Order.

Recommend continuance to 01/23/20 to allow time to cure defects.

Appearance by personal representative (pro per) 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 and 10/24/19.

Recommend further continuance to 01/22/20, as requested by attorney, to allow time for Mark Hillis to file accounting.

Appearance by counsel and pro per not required.

 

PR19000251 ESTATE OF PAULINE DUKE

Related Case No. PR19000411 and PR19000754.

Petition for Probate of Will and for Letters Testamentary filed by attorney Rodney A. Augustine on behalf of decedent’s son, David W. Duke.

Competing petition filed by attorney Robert V. Garcia on behalf of decedent’s grandson, Christopher W. Duke.

Petition for Issuance of Citation Requiring Christopher Duke to Appear and Account for Estate Property filed by attorney Rodney A. Augustine and Steven Klamm on behalf of David W. Duke, son of decedent.

Petition for an Order Disqualifying Robert Garcia & Law Firm.

Law and Motion Matter.

Christopher W. Duke’s Motion to Compel Further Responses to Request for Production and Inspection of Documents and Request for Monetary Sanctions.

See Tentative Rulings.

 

PR19000411 ESTATE OF PAULINE DUKE

Related Case No. PR19000251 and PR19000754.

Petition for Appointment of Will and for Letters Testamentary continued from 06/18/19, 07/12/19 and 09/13/19:

Competing petition filed by attorney Rodney A. Augustine on behalf of decedent’s son, David W. Duke.

Appearance by counsel mandatory.

 

PR19000754 MATTER OF JACK W. AND PAULINE DUKE TRUST

Related Case No. PR19000251 and PR19000411.

Petition to Approve the First Account of Trustee:

  • Need copy of Trust.
  • Need copy of Pour-over Will.
  • Need relationships and age of all beneficiaries (especially since same address is used for several).
  • Need copy of deed showing current title to real property.
  • Need copy of bank statements.
  • Need copy of retainer agreement.                          
  • Need copies of itemized statements for attorneys’ fees.
  • Need explanation of familial relationship and total amount paid to Sidney Duke during this period of the accounting.
  • Need copies of itemized statements for bookkeeping, property maintenance fees.                                           
  • Need copies of receipts for reimbursement to David Duke.
  • Need explanation for information re expenses included at bottom page Schedule C7.
  • Need Order.

Appearances by counsel mandatory.

 

PR19000840 ESTATE OF WILLIE LAWSON

Petition for Letters of Administration continued from 09/25/19 and 11/13/19:

  • Item 3g(2)(c) of petition omitted.
  • Notice of Petition to Administer Estate Proof of Service by Mail defective as:
  • Item 2 of proof of service omitted.
  • Item 3b of proof of service omitted.
  • Item 4a and 4b of proof of service omitted.

Recommend further continuance to 01/16/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required. 

 

PR19000991 ESTATE OF CYNDI HILTON-GEARY

Petition for Letters of Administration continued from 11/14/19 recommended for approval with minimum $20,000 bond.

Recommend Inventory Review Hearing 06/12/20.

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:

  • Need copies of most recent Grant Deeds.
  • Need copy of Pour-over Will.
  • Need proof of personal service to Trustee.
  • Need Notice of Hearing given pursuant to PrC§851(c).

Recommend continuance to 01/23/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19001121 ESTATE OF PATRICK ANDREW SERES

Petition for Letters of Administration:

  • 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.

Recommend continuance to 01/23/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required. 

 

PR19001136 ESTATE OF RENEE STAYNER ANDERSON-MONKHOUSE

Petition for Probate of Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 3c of petition omits county
  • Item 2g(2) of petition completed inappropriately.

Recommend continuance to 01/16/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19001138 ESTATE OF RONALD WALTER ASCHWANDEN

Petition for Probate of Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 3c of petition omits county.
  • Copy of Will not attached to petition as Attachment 3f(2).
  • Item 5a(3) or (4) of petition omitted.
  • Item 6b of petition omitted.
  • Item 6f of petition inappropriately marked.
  • Item 8 of petition does not include all persons named in Will.
  • Notice of Hearing (form DE-120) inappropriate form when initial petition for probate is filed.
  • Notice of Petition to Administer Estate defective as Proof of Service by Mail signature not dated.
  • Need Proof of Publication.

Recommend continuance to 01/16/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19001140 ESTATE OF JUVENTINA CAMARILLO

Petition for Letters of Administration:

  • Item 1 of petition omits name of newspaper.
  • Item 2b(1) of petition inappropriately marked.
  • Item 2b(3) of petition omitted.
  • Item 2d of petition omitted.
  • Item 3a(1) of petition appears incorrect as item 3c gives residence as being located in Mexico.
  • Item 3e(2) of petition appears incorrect as no Waivers of Bond by Heirs attached as Attachment 3e(2).
  • Item 3g(2)(a) and (b) of petition omitted.
  • Item 4 of petition inappropriately marked as there is no Will.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(5) or (6) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Item 5b of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Need “Family Tree”.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.

Recommend continuance to 01/23/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

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 - Both motions for attorneys’ fees.

See Tentative Ruling.

 

Department 24

8:30 a.m.

 

444451 MATTER OF ELAINE LONG TRUST

Status Review Hearing continued from 11/20/19:

  • Need status re: attorney fees and surcharges.

Appearance by counsel mandatory.

 

PR18000785 ESTATE OF KEVIN A. MONZON

Inventory Review Hearing continued from 07/25/19.

No documents filed since prior hearing.  Prior notes remain:

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

Appearance by counsel mandatory. 

Last updated: December 11, 2019 10:53 AM