June 28, 2017

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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. -  3:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at 209-530-3180.  Due 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.  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.  Please be sure to include the hearing date in the caption on all documents. 

NOTE:  Unless probate notes state otherwise, an appearance is required in probate matters.   Court Call appearances are acceptable for most probate matters.

 

TUESDAY, JUNE 27 2017

 

33869 ESTATE OF RUDY BONZI

Related to Case No. 429809.

Status Review Hearing continued from 09/29/16.

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

Appearance by counsel mandatory.

 

429809 ESTATE OF MARY ANN BONZI

Related to Case No. 33869.

Status Review Hearing continued from 09/29/16.

  • Need status of administration.

Appearance by counsel mandatory.

 

444527 ESTATE OF FRANCISCUS NOZ

PrC§12200 Status of Administration.

Recommend continuance to 10/31/17 to allow time to complete and file First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

445488 ESTATE OF RAMON MARTINEZ

Discharge Review Hearing continued from 03/01/16, 04/12/16, 06/14/16, 10/04/16, 11/08/16, 01/10/17, 03/30/17 and 05/25/17.

  • No Receipts on file.
  • Ex Parte Petition for Final Discharge and Order submitted for signature without file-marked copies of Receipts attached.

Appearance by counsel mandatory.

 

2200338 ESTATE OF SARAH LYLE

Petition for Final Distribution on Waiver of Account recommended for approval with request for return of original Will submitted to Judge for determination.

Recommend Discharge Review Hearing 01/30/18.

Appearance by counsel mandatory.

 

2200395 ESTATE OF CAROL L. KNELLER

PrC§12200 Petition and Report of Administrator as to Status of Estate continued from 05/25/17.

Recommend continuance to 02/27/18 to allow time for sale of real property and disposal of personal property.

Appearance by counsel not required.

 

2200458 ESTATE OF BALJIT SINGH

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 personal representative (pro per) mandatory.

 

2200507 ESTATE OF RUTH KATHERINE KOOS

Account Review Hearing.

Recommend confirm 08/17/17 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

2200529 ESTATE OF MARGARITA A. RODRIGUEZ

First and Final Account and Report and Petition for Final Distribution continued from 06/13/17.

Assignments of Interest signatures need to be notarized.

Recommend continuance to 07/11/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200548 ESTATE OF ALAN SOUKHAMTHATH

Account Review Hearing continued from 04/25/17 and 05/16/17.

  • Need Petition for Final Distribution.

Appearance by personal representative (pro per) mandatory.

 

2200623 MATTER OF ERICH HOFMANN TESTAMENTARY TRUST

Amended Petition for Order:  (1) Determining Interests in Property; (2) Directing Trustee to Convey Legal Title to Property; (3) To Compel Distribution; (4) To Compel Account for Rental Payments; (5) For Breach of Trust; and (6) Removing Trustee filed by Downey Brand LLP.

Verified Answer of John P. Brichetto and Jacqueline J. Brichetto to Michael Hofmann’s First Amended Cross-Complaint filed 05/26/17 by Eric J. Sousa.

Verified Answer of Gary Hofmann to Michael Hofmann’s First Amended Cross-Complaint filed 05/31/17 by attorney Combs.

Response and Objection to Michael Hofmann’s First Amended Cross-complaint filed 06/09/17 by Downey Brand LLP.

Amended Response and Objection of Gary Hofmann to Michael Hofmann’s First Amended Cross-Complaint filed 06/15/17 by attorney Combs.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200770 MATTER OF NEWNAM FAMILY TRUST

Status Review Hearing.

  • Need status re administration of trust.

Appearance by counsel mandatory.

 

2200814 ESTATE OF GEORGE M. COUTO

Related Case No. 2200912.

Petition to Determine Invalidity of Trust and to Establish Estate’s Claim of Ownership to Real Property.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200912 ESTATE OF CARLA E. COUTO

Related Case No. 2200814.

Petition to Determine Invalidity of Trust and to Establish Estate’s Claim of Ownership to Real Property.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200942 MATTER OF THE BILLY LLOYD WILLIAMS LIVING TRUST

Petition for an Order to Confirm Assets to Trust continued from 04/03/17 and 05/16/17.

No documents filed since prior hearings.  Prior notes remain:

  • Need Amended Petition for an Order to Confirm Assets to Trust (including real property located in California only).
  • Need copy of Pour-Over Will.
  • Notice of Hearing does not give 30-day notice.
  • Need revised Order.

Appearance by counsel mandatory.

 

2201019 ESTATE OF VALENTIN GERMAN SR

Petition for Letters of Administration continued from 05/30/17 and 06/13/17 recommended for approval.

Recommend Inventory Review Hearing 12/27/17.

Court will sign submitted order, appearance not required.

 

2201043 ESTATE OF NANCY ELLEN CAMPBELL

Petition for Letters of Administration continued from 06/12/17 recommended for approval.

Recommend Inventory Review Hearing 12/27/17.

Court will sign submitted order, appearance not required.

 

2201045 ESTATE OF BILLY GLENN COMBS

Petition for Probate of Will and for Letters Testamentary continued from 06/13/17 recommended for approval.

Recommend Inventory Review Hearing 12/27/17.

Court will sign submitted order, appearance not required.

 

WEDNESDAY, JUNE 28, 2017

 

Department 21

8;30 a.m.

 

2200558 ESTATE OF TIMOTHY APPLEBY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box not checked in caption.
  • Items. 3, 4 and 5 omitted.
  • Date and Signature of personal representative omitted.
  • Attachment 1 should be marked Attachment 2.
  • Need real property description and APN.
  • Need Corrected Final Inventory and Appraisal.

Recommend continuance to 07/19/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200585 ESTATE OF JAMES A. MIKKELSEN

Account Review Hearing.

Recommend confirm 07/11/17 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

2200738 ESTATE OF LOIS CAMP

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

Recommend Discharge Review Hearing 01/30/18.

Recommend vacate 11/08/17 hearing.

Court will sign submitted order, appearance not required.

 

2200839 ESTATE OF SOULAPHONH THAMMAVONGSA

Petition for Final Distribution on Waiver of Account:

  • Page 3, paragraph 9, of petition is incorrect.
  • Need Inventory and Appraisal.
  • Page 6 of petition Fee Base information is not set forth correctly.
  • Need itemization of costs of administration and payor (no reimbursement requested).
  • Page 6 and page 7 of petition include withhold of over $1,500.00 (see LR 8.68).
  • Page 7 of petition does not include assets on hand for distribution.
  • Language typed across the front of the Notice of Hearing is inappropriate because this petition is not a PrC§12201 Status Report of Administration (not a fatal defect).
  • Need revised Order including any withhold and asset on hand for distribution.

Recommend continuance to 07/20/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200962 MATTER OF MARGIE J. BOGARD

Petition to Determine Succession to Real Property continued from 04/24/17 and 06/06/17.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2201060 ESTATE OF ROSE PONCE

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/28/17.

Court will sign submitted order, appearance not required.

 

2201061 MATTER OF CELERINA A. RICO

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

Department 22

8:30 a.m.

 

427103 MATTER OF ALONZO MARQUEZ SPECIAL NEEDS TRUST

Account Review Hearing continued from 04/12/17.

Recommend confirm 08/01/17 hearing on Petition for Approval of Fifth Accounting and Report of Trustee.

Appearance by counsel not required.

 

Department 24

8:30 a.m.

 

387661 ESTATE OF EDDIE CHARLES BROWN, JR.

Motion for Reconsideration of Order on Petition for Allowance of Statutory and Extraordinary Attorney’s Fees and for Reimbursement of Costs.

Status Review Hearing.

  • Need determination re payment to the estate for approximately $90,000.00 plus accrued interest.

Submitted to Judge for determination.

Appearances by counsel mandatory.

 

THURSDAY, JUNE 29, 2017

 

445473 ESTATE OF PATRICIA SMITH SUNDE

First and Final Account and Report and Petition for Final Distribution continued from 06/08/17:

  • Need Supplement to Petition.

Recommend further continuance to 07/20/17 to allow time to cure defects.

Appearance by counsel not required.

 

445495 ESTATE OF KENNETH CUSTER BRAUN

Discharge Review Hearing:

  • No Receipt on file.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

2200131 ESTATE OF ROZMARY I. BABAKHAN

Related to File No. 2200180.

Account Review Hearing continued from 03/23/16 and 12/28/16.

Recommend confirm 07/26/17 hearing on PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel not required.

 

2200180 ESTATE OF SARKIS BABAKHAN

Related to File No. 2200131.

Account Review Hearing continued from 11/30/16.

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200424 ESTATE OF AGNES GULART

Account Review Hearing continued from 04/06/17 and 05/23/17.

Recommend confirm 08/14/17 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

2200472 ESTATE OF BEATRICE S. BELTRAN

Account Review Hearing continued from 04/26/17.

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

Appearance by counsel mandatory.

 

2200541 ESTATE OF CURTIS MITCHELL GOMES

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.

 

2200645 ESTATE OF JASWINDER SINGH

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 07/17/17 hearing on First and Final Report and Account and Petition for Final Distribution.

Appearance by counsel not required.

 

2200679 ESTATE OF CAROLYN LOUISE KENNEDY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/25/17.

Appearance by personal representative (pro per) not required.

 

2200688 ESTATE OF MELISSA LEANN QUARESMA

Petition for Termination of Further Proceedings and for Discharge recommended for approval.

Court will sign submitted order, appearance not required.

 

2200751 MATTER OF JOSEPH ISAAC & SARA ISAAC 2006 REVOCABLE TRUST

Petition to: a) Allow Payment by Way of Credit to Note Owed by Ahmo and Madeleine Tarverdi to the Joseph and Sara Isaac Revocable Trust for Sara Isaac’s Care Services of $3,500 Per Month for 24/7 Care Taking Retroactive to November 2012; b) for Court Confirmation of Total Note due on march 12, 2013; c) for Order that All Care Taking Be Applied to Note continued from 05/23/17.

Response on file.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201031 ESTATE OF ELIZABETH AVILA AZEVEDO

Petition for Probate of Will and for Letters Testamentary continued from 06/08/17.

No documents filed since prior hearing.  Prior notes remain:

  • Need original Will.
  • Item 1 of petition omits name of newspaper.
  • Item 2c of petition omits name of county.
  • Item 3h(1) and (3) of petition omitted.
  • Item 5a(5) of petition omitted.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters. 

Appearance by counsel mandatory.

 

FRIDAY, JUNE 30, 2017

No probate matters scheduled.

 

MONDAY, JULY 3, 2017

No probate matters scheduled.

 

TUESDAY, JULY 4, 2017

Court Holiday - Independence Day.

 

WEDNESDAY, JULY 5, 2017

No probate matters scheduled.

 

THURSDAY, JULY 6, 2017

 

445400 MATTER OF CHERYL A. MENDOZA’S SPECIAL NEEDS TRUST

Account Review Hearing continued from 01/28/16, 03/23/16, 05/26/16, 06/30/16, 09/29/16, 11/30/16, 01/31/17 and 05/02/17.

First and Final Accounting of Trustee and Petition for its Approval and Termination of Special Needs Trust.

Recommend continuance to 09/06/17 as requested by attorney to allow time to complete and file a supplement to the petition.

Appearance by counsel not required.

 

2200519 ESTATE OF EUGENE MADEWELL

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

  • Need clarification re need to attach Waiver of Account when accounting prepared.
  • Page 3, line 27, of petition gives incorrect expiration date for filing of creditor’s claims.
  • Page 7, paragraphs 4 and 5, of petition give incorrect amounts.

Recommend continuance to 07/20/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200556 ESTATE OF JERRY LD HARRIS

Petition for Final Distribution on Waiver of Account continued from 06/15/17.

No documents filed since prior hearing.  Prior notes remain:

  • Need Property Tax Certificate as box in caption not marked.
  • Waivers of Account signatures not notarized.
  • Page 2, line 3, of petition gives incorrect date for issuance of Letters of Administration.
  • Compensation base does not include gain on sale of real property.
  • Need Schedule showing gain on sale of real property.
  • Costs of administration do not include publication or probate referee.  Need itemized costs of administration showing date, payee, payor, explanation of charges, and amount.
  • Need Order.

Appearance by counsel mandatory.

 

2200593 ESTTE OF DEWAYNE FRANCIS TITUS III

Inventory Review Hearing continued from 01/05/17.

Final Inventory and Appraisal on file.

Account Review Hearing.

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12291.

Appearance by counsel mandatory.

 

2200820 ESTATE OF AGHAVNI YOUNAN SHAMAS

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

Recommend Discharge Review Hearing 02/01/18.

Recommend vacate 07/19/17 hearing.

Court will sign submitted order, appearance not required.

 

2200829 ESTATE OF MARY LOIS MASON

Petition for Final Distribution on Waiver of Account.

Need clarification re share of Jerry Martin.

Need additional Waivers of Account.

Recommend continuance to 07/18/17 to allow time to cure defects and complete and file supplement to petition.

Appearance by counsel not required.

 

2201014 ESTATE OF JOHN EDWARD GEISSLER

Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 05/18/17 and 06/14/17 recommended for approval.

Recommend Inventory Review Hearing 01/04/18.

Court will sign submitted order, appearance not required.

 

2201046 ESTATE OF FLOYD RAYMOND FRACH

Petition for Probate of Will and for Letters Testamentary continued from 06/14/17 recommended for approval.

Recommend Inventory Review Hearing 01/04/18.

Court will sign submitted order, appearance not required.

 

2201048 ESTATE OF MARIA P. MEJIA

Petition for Probate of Will and for Letters Testamentary continued from 06/14/17.

No documents filed since prior hearing.  Prior notes remain:

  • Item 8 of petition omits name of trustee and beneficiaries of trust.
  • Need confirmation that proof of notice to trustee and beneficiaries of trust.

Appearance by counsel mandatory.

 

2201049 MATTER OF EARLINE M. COLEMAN

Petition to Determine Succession to Real Property continued from 06/14/17.

Need signatures of all children of decedent or Assignments with notarized signatures.

Appearance by counsel mandatory.

 

2201067 MATTER OF MARIE E RAMIREZ TRUST

Petition to (1) Remedy Breach of Trust; (2) For Order Removing Trustee(s); and (3) For an Order Compelling an Account.

  • Need proof of personal service to Cynthia E. Bizzanelli.
  • Need Order.

Appearance by counsel mandatory.

 

2201078 ESTATE OF ABIGAIL RODRIGUEZ TUCKER

Petition for Letters of Administration recommended for approval upon receipt of Proof of Publication.

Recommend Inventory Review Hearing 01/04/18.

Court will sign submitted order, appearance not required.

 

2201081 MATTER OF JAMES FRAZIER LOLLICH

Petition to Determine Succession to Real Property:

  • Need clarification re disclaimers.

Recommend continuance to 07/20/17 to allow time to cure defects.

Appearance by counsel not required.

 

2201083 ESTATE OF MARGARET LOUISE KERN

Petition for Probate of Will and for Letters Testamentary recommended for approval upon receipt of Proof of Publication.

Recommend Inventory Review Hearing 01/04/18.

Court will sign submitted order, appearance not required.

 

FRIDAY, JULY 7, 2017

No probate matters scheduled.

Last updated: June 26, 2017 4:16 PM