December 14, 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. -  4:00 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. 

 

THURSDAY, DECEMBER 14, 2017

 

2200100 ESTATE OF PATRICK WAYNE BRADSHAW

Discharge Review Hearing.

Ex Parte Petition for Final Discharge and Order submitted for signature recommended for approval.

Appearance by counsel not required.

 

2200619 ESTATE OF GWENDOLYN FISKER MAURER

Petition for Final Distribution on Waiver of Account continued from 09/22/17 and 10/12/17 recommended for approval.

Recommend Discharge Review Hearing 07/24/18.

Court will sign submitted order, appearance not required.

 

2200910 ESTATE OF MARIE FRANCES STURTZ

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

Recommend Discharge Review Hearing 07/24/18.

Recommend vacate 03/13/18 hearing.

Court will sign submitted order, appearance not required.

 

2201042 ESTATE OF TIMOTHY JUNKER

Hearing vacated.

 

2201047 ESTATE OF JOSEPH M. MARSHALL

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/14/18.

Appearance by counsel not required.

 

2201282 MATTER OF MCIHAEL STEVEN PETTY

Spousal Property Petition:

  • Need proof of mailing to Department of Health Care Services.

Recommend continuance to 01/04/18 to cure defects.

Appearance by counsel not required.

 

2201283 MATTER OF THOMAS LEON TROMBETTA 2005 TRUST

Petition for:  1. Removal of Thomas Jason Trombetta as Trustee; 2. Appointment of Temporary Trustee; 3. Appointment of Successor Trustee; 4. Delivery of Assets to Temporary Trustee; 5. Accounting; 6. Surcharge Against Thomas Jason Trombetta; and 7. Award of Reasonable Attorney’s Fees and Costs to Petitioner:

  • No Exhibits attached to petition.
  • Need Order.

Recommend continuance to 01/04/18 to cure defects.

Appearance by counsel not required.

 

2201288 ESTATE OF JOSEPH R. ESCOBAR

Petition for Probate of Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 1a of petition marked instead of item 1b.
  • Item 3g(2)(a) of petition incorrectly marked.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 8 of petition omits relationships.
  • Item 8 of petition does not list names exactly as they appear in Will.
  • Item 8 of petition omits name of trustee and beneficiaries.
  • Need copy of trust.

Recommend continuance to 01/04/18 to cure defects.

Appearance by counsel not required.

 

2201291 MATTER OF JULIA AMES

Spousal Property Petition:

  • Need copy of deed showing current title.
  • Need proof of mailing to Department of Health Care Services.
  • Need Order.

Recommend continuance to 01/04/18 to cure defects.

Appearance by counsel not required.

 

2201297 MATTER OF DALE SARGENT

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

FRIDAY, DECEMBER 15, 2017

 

431527 MATTER OF MIRIAM W. MORSE FAMILY TRUST

Fourth Account and Report of Successor Trustee and Petition for Allowance of Attorneys’ Fees, for Reimbursement of Costs Advanced by Attorneys and fo9r Reduction of Bond recommended for approval.

Recommend Account Review Hearing 11/26/19.

Court will sign submitted order, appearance not required.

 

2200476 ESTATE OF KATIE BELL JORDAN

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

Recommend Discharge Review Hearing 07/24/18.

Court will sign submitted roder, appearance not required.

 

2201119 ESTATE OF JOHN YNIGUEZ GARCIA

Petition to Establish Estate’s Claim of Ownership of Real and Personal Property; and for Order Directing Transfer of Property to Estate.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201229 MATTER OF ALFRED F AND MUREIEL C. BRENNAN TRUST

Petition to Compel Trustees to Report and Account continued from 11/02/17. 

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201275 MATTER OF SCOTT L. KANE TRUST

Petition for Order Confirming Successor Trustees and Property as Trust Assets.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

MONDAY, DECEMBER 18, 2017

No probate matters scheduled.

 

TUESDAY, DECEMBER 19, 2017

 

439659 MATTER OF DAVID FLUENCE SPEICAL NEEDS TRUST

Account Review Hearing.

Recommend confirm 01/09/18 hearing on Bi-Annual Accounting of Trustee and Petition for Its Approval.

Appearance by counsel not required.

 

444876 ESTATE OF ABRAHAM LOPEZ VAZQUEZ

PrC§12200 Status Report of Status of Administration continued from 10/31/17 and 11/17/17:

Recommend continuance to 02/09/18 to allow time for First and Final Account and Petition for Final Distribution to be completed and filed.

Appearance by counsel not required.

 

445167 MATTER OF RAYMOND GERALD COCHRAN

Account Review Hearing continued from 04/26/17, 07/18/17 and 10/18/17:

  • No accounting on file.

Appearance by counsel mandatory.

 

2200174 MATTER OF VERA MARGARETTE HENLINE TRUST

Court Trial continued from 10/11/17.

Appearances mandatory.

 

2200203 ESTATE OF LENA HAT

Discharge Review Hearing.

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

Appearance by counsel mandatory.

 

2200287 ESTATE OF MICHAEL NELSON

Hearing vacated.

 

2200528 ESTATE OF ADAM CHRISTOPHER BOYNTON

Account Review Hearing.

Recommend confirm 01/24/18 hearing on PrC§12200 Status Report of Administration.

Appearance by personal representative (pro per) mandatory.

 

2200617 ESTATE OF MICHAEL TERRY WAGNER        

Account Review Hearing continued from 09/26/17 and 11/02/17.

Petition for Final Distribution on Waiver of Account continued from 11/02/17.

No documents filed since prior hearing.  Prior notes remain:

  • Waivers of Account signatures require notarization pursuant to LR8.69.
  • Need itemization of costs of administration.
  • Need calculation of statutory fees and language if waived.
  • Need copy of closing letter for sale of real property.
  • Need schedule showing gain on sale of real property.
  • Need language re withhold pursuant to LR8.68.
  • Need distribution set out showing both the cash and car.
  • Need Notice of Hearing.
  • Need Order.

Appearance by personal representative (pro per) mandatory.

 

2200710 ESTATE OF MARCELLA ELIZABETH LAFFIN

Inventory Review Hearing continued from 05/02/17 and 08/30/17.

  • Need Inventory and Appraisal.

Account Review Hearing.

Recommend confirm 01/23/18 hearing on PrC§12200 First Report on Status of Administration.

Appearance by counsel not required.

 

2200736 ESTATE OF FAYE JEAN DIGAN

Account Review Hearing.

PrC§12200 Status Report of Administration.

Recommend continuance to 06/19/18 to allow time for sale of real property.

Appearance by counsel not required.

 

2200764 ESTATE OF MARTIN GALLEGOS

Inventory Review Hearing continued from 07/28/17.

  • Letters issued 01/27/17.  Inventory and Appraisal due 05/27/17.
  • No Inventory and Appraisal on file.

Recommend continuance to coincide with Account Review Hearing 01/31/18.

Appearance by counsel not required.

 

2200857 ESTATE OF BERNICE D. ECKERSLEY

Inventory Review Hearing continued from 09/20/17 and 10/19/17.

Recommend continuance to 02/02/18 to allow time for an Amended Corrected Final Inventory and Appraisal to be completed and filed.

Appearance by counsel not required.

 

2200871 ESTATE OF BURTON RAY LINDQUIST 

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

Recommend Discharge Review Hearing 07/24/18.

Recommend vacate 03/14/18 hearing.

Court will sign submitted order, appearance not required.

 

2201021 ESTATE OF EDWARD LEON FREITAS

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

Recommend Discharge Review Hearing 07/24/18.

Court will sign submitted order, appearance not required.

 

2201054 ESTATE OF JAMES ALLEN FREDRICKSON

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/20/18.

Appearance by counsel not required.

 

2201292 ESTATE OF ANA MARIA MARTINEZ

Petition for Letters of Administration:

  • Item 3c of the petition omits county.
  • Item 3g(2)(c) of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 8 of petition omits petitioner.
  • Item 8 of petition omits relationships.
  • Need Proof of Publication.
  • Need original Letters signed, dated, and with place where signed.

Recommend continuance to 01/03/18 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, DECEMBER 20, 2017

 

36537 ESTATE OF RONALD JAMES RICHARDSON

Status Review Hearing continued from 10/05/17 and 10/12/17.

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

Motion to Be Relieved as Counsel.

Submitted to Judge for determination.

Appearance by counsel and personal representative mandatory.

 

285151 ESTATE OF JOSEPHINE C. MARKS

Discharge Review Hearing.

Recommend continuance to 02/07/18 to allow time to obtain and file missing Receipt.

Appearance by counsel not required.

 

426407 MATTER OF EZRA CAMACHO SPECIAL NEEDS TRUST

Account Review Hearing continued from 10/24/17.

  • Need Fourth Account and Report of Trustee.

Appearance by counsel mandatory.

 

427103 MATTER OF ALONZO MARQUEZ SPECIAL NEEDS TRUST

Petition for Approval of Fifth Accounting Report of Trustee continued from 08/01/17 and 10/19/17.

No documents filed since prior hearing.  Prior notes remain: 

  • Need Resignation by Norma Marquez, effective as of appointment of Successor Trustee.
  • Need Consent by Laura Bermudez, effective as of appointment by Court.
  • Need Notice of Hearing.
  • Need Order.

Appearance by trustee (pro per) mandatory.

 

444600 MATTER OF FRANK E. DRULLINGER TRUST

Fourth Account and Report of Successor Trustee and Petition to Settle Account continued from 07/10/17 and 08/22/17.

Objection on file withdrawn.

Submitted to Judge for determination.

Recommend Account Review Hearing 04/04/18.

Appearance by counsel mandatory.

 

445288 MATTER OF GEORGE T. MORRISON JR. REVOCABLE SURVIVORS TRUST

Status Review re Petition for Immediate Repayment to the Successor Trustee; for an Accounting of Funds and Financial Statements; for Intentional Interference with an Expected Inheritance and Abuse of an Elder and for Damages and Interest Thereon and for Attorney’s Fees and Costs continued from 04/13/17, 06/20/17, 09/20/17 and 10/24/17.

  • Status Report of Trustee on file requesting continuance to 02/21/18 to allow time for accounting to be completed and filed.

Appearance by counsel mandatory.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

Account Review Hearing continued from 10/17/15, 11/22/16, 12/22/16, 02/15/17, 06/16/17, 08/16/17 and 10/17/17.

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by personal representative (pro per) mandatory.

 

2200062 ESTATE OF MARY RUBY ANDRUS

Account Review Hearing continued from 11/25/17.

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

Appearance by counsel mandatory.

 

2200406 ESTATE OF LINDA SMITH

Account Review Hearing continued from 11/01/17:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200467 ESTATE OF JOHN L. COOK

Account Review Hearing continued from 06/20/17.

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200472 ESTATE OF BEATRICE S. BELTRAN

Petition for Final Distribution on Waiver of Account continued from 09/13/17 and 10/17/17:

  • Creditor’s Claim filed 12/05/16 for $2,865.58 by Synchrony Bank Credit Dental. Need explanation as to how Creditors’ Claims were paid.
  • Need language re interest bearing accounts.
  • Need explanation as to the fact that there is no residue of the estate available for distribution to trust for Michael Beltran.

Appearance by counsel mandatory.

 

2200501 MATTER OF LAYNA G. RADCLIFFE SPECIAL NEEDS TRUST

Account Review Hearing continued from 08/29/17 and 10/12/17.

Petition for Removal of Requirement for Court-Ordered Accounting and Request for Removal of or Reduction in Amount of Bond continued from 10/12/17:

Objection on file.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200796 ESTATE OF RONALD WAYNE STANSBURY

Inventory Review Hearing continued from 06/20/17.

  • No Inventory and Appraisal on file.
  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2200800 ESTATE OF HELGA WALKER

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.

 

2200996 MATTER OF DANIEL RANDLE

Spousal Property Petition continued from 05/16/17, 06/06/17, 08/15/17 and 10/17/17.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201058 ESTATE OF HONG VANG

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/20/18.

Appearance by counsel not required.

 

2201147 MATTER OF DAVID LEE AMESQUITA II SPECIAL NEEDS TRUST

Accounting Review Hearing.

Recommend continuance to 12/20/18 to allow time to prepare and complete First Account and Report of Trustee.

Appearance by counsel not required.

Last updated: December 13, 2017 11:19 AM