February 19, 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. 

 

MONDAY, FEBRUARY 20, 2017

Court Holiday – Presidents’ Day

 

TUESDAY, FEBRUARY 21, 2017

No probate matters scheduled. 

 

WEDNESDAY, FEBRUARY 22, 2017

 

2200038 ESTATE OF JOSEPHINE SCHMIDT

Discharge Review Hearing.

  • No Receipt on file.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of mailing to beneficiary.

Appearance by counsel mandatory.

 

2200122 ESTATE OF DOUGLAS ALLAN CARLTON

Account Review Hearing continued from 06/08/16 and 08/17/16.

PrC§12200 Status of Administration Report filed 02/13/17:

  • Need $140.00 balance of filing fees.
  • Neeed Notice of Hearing pursuant to PrC§12201.

Recommend continuance to 03/15/17 to allow time to pay balance of fiiling fee and to give notice pursuant to PrC§12201.

Appearance by counsel not required.

 

2200391 ESTATE OF STEVEN ROBERT MOTEL

Account Review Hearing.

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

Appearance by counsel mandatory.

 

2200404 ESTATE OF CAROL A. RENNIE

Account Review Hearing.

Recommend confirm 03/06/17 hearing on Petition for Final Distribution.

Appearance by counsel not required.

 

2200589 ESTATE OF SHIRLEY ANN JONES

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/26/17.

Appearance by counsel not required.

 

2200619 ESTATE OF GWENDOLYN FISKER MAURER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/22/17.

Appearance by counsel not required.

 

2200632 ESTATE OF MARTA BERGLUND

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/30/17.

Appearance by counsel not required.

 

THURSDAY, FEBRUARY 23, 2017

 

445638 ESTATE OF LORENE McCLUSKEY

Account Review Hearing continued from 05/25/16, 08/31/16 and 11/30/16.

Petition for Final Distribution:

  • Caption does not include that distribution is being made pursuant to Agreement.
  • Page 1, line 23, of petition gives incorrect date for issuance of letters by the clerk of the court.
  • Need computation of fee base (statutory fees are based on Inventory and Appraisal as of date of death plus any receipts and gains or losses).
  • Need itemization of costs of administration (filings fees, publication fees, probate referee fees, etc.) including date, payee, payor, explanation and charge.
  • Need itemization of reimbursement to personal representative with supporting documentation and request to confirm such reimbursement.
  • Need Agreement which includes real property description, list of reimbursements due to personal representative, and signatures must be notarized.
  • Need new Order.

Recommend continuance to  03/27/17 to allow time to cure defects.

Appearance by personal representative (pro per) not required.

 

2200132 ESTATE OF KRYSTYNA GACKOWSKA

First and Final Account and Report and Petition for Final Distribution continued from 02/08/17

Confirm 03/01/17 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

2200179 ESTATE OF MARY PEREZ-DIEZ

Amended Petition for Final Distribution continued from 12/13/16 and 12/22/16.

No documents filed since prior hearings.  Prior notes remain.

  • Waivers of Account need to be notarized.
  • Paragraph 13 of petition incorrect.
  • Paragraph 19 of petition no longer required under the law.
  • Need schedule prepared showing loss on sale of real property.
  • Need recalculation of attorneys’ fees including the loss.
  • Need itemization of costs excluding regular postage which should be part of overhead.
  • Need Notice of Hearing.
  • Need Order.

Appearance by counsel mandatory.

 

2200187 ESTATE OF MICHAEL DAVID McBRIDE

Account Review Hearing continued from 10/03/16 and 11/30/16.

Recommend continuance to 08/23/17 to allow time for sale of the real property as requested in PrC§12200 Status of Administration on file.

Appearance by personal representative (pro per) not required.

 

2200258 MATTER OF NICOLL AND EDITH GALBRAITH

Amended Account, Report and Petition for Settlement continued from 11/30/16 and 02/08/17.

Submitted to Judge for determination.

  • Need Order.

Appearance by counsel mandatory.

 

2200565 ESTATE OF MARIA LOPEZ SANDOVAL

Court Trial.

Appearances by counsel mandatory.

 

2200599 ESTATE OF VIRGINIA LEE BISSELL

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box not marked in caption pursuant to item 5b.

Recommend Account Review Hearing 08/29/17.

Appearance by counsel not required.

 

2200611 ESTATE OF ALFREDO DEFARIA PEREIRA

Inventory Review Hearing.

Recommend continuance to  06/01/17 to allow time for unlawful detainer/court trial to complete so that a Final Inventory and Appraisal can be completed and filed.

Appearance by counsel not required..

 

2200627 ESTATE OF PATRICIA KRIEGER KAIN

Inventory Review Hearing.

  • Letters issued 09/06/16.  Inventory and Appraisal due 01/06/17.
  • No Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200658 ESTATE OF KEITH EUGENE STUDEBAKER

Petition for Letters of Administration continued from 08/29/16, 09/26/16, 10/04/16 and 11/03/16, 11/17/16 and 12/20/16.

No document filed since prior hearings.  Prior notes remain:

  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.

Appearance by counsel ordered pursuant to Minute Orders dated 10/04/16, 11/17/16 and 12/20/16.

 

2200775 MATTER OF SOFIA GOMEZ HINOJOZ

Spousal Property Petition continued from 11/28/16 and 12/20/16.

No documents filed since prior hearings.  Prior notes remain:

  • Need copy of deed showing current title to real property.
  • Need proof of notice to Department of Health Services.
  • Need Notice of Hearing.

Appearance by petitioner (pro per) mandatory.

 

2200798 MATTER OF JUNIOR LEE McCONNELL

Amended Petition to Determine Succession to Real Property.

Recommend confirm 03/22/17 hearing on Second Amended Petition to Determine Succession to Real Property.

Appearance by petitions (pro per) not required.

 

FRIDAY, FEBRUARY 24, 2017

 

Department 24

9:00 a.m.

 

387661 ESTATE OF EDDIE CHARLES BROWN, JR.

Court Trial.

Re: Petition for Allowance of Attorney’s Fees continued from 12/07/16 and 01/20/17.

Appearances by counsel mandatory.

Trailing Court Trial is Status Review Hearing continued from 06/08/16, 10/13/1, 10/21/16 and 01/20/17 regarding deposit of proceeds from sale of truck and removal of David Brown as Administrator.

 

MONDAY, FEBRUARY 27, 2017

 

2200299 ESTATE OF LOUISE MARCHANT

PrC§12200 Status of Administration continued from 01/24/17.

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

Court file review not yet completed.  Please recheck website.

 

2200584 ESTATE OF EARLEEN DUTRA

Petition for Final Distribution.

Court file review not yet completed.  Please recheck website.

 

2200741 ESTATE OF DONNIE RAY HOLMAN

Petition for Letters of Administration continued from 11/07/16, 11/22/16 and 12/22/16.

No documents filed since prior hearings.  Prior notes remain:

  • May require bond for out-of-state personal representative.
  • Item 1 of petition omits name of newspaper.
  • Item 3b of petition omits county.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Need Waivers of Bond.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Need Proof of Publication.
  • Need Letters with original signature (not faxed copy).

Appearance by counsel mandatory.

 

2200765 ESTATE OF ODA DEE CLAXTON JR.

Petition for Letters of Administration filed by attorney Ogden continued from 11/28/16, 01/10/17 and 02/06/17.

Letters of Special Administration issued.

Competing Petition for Letters of Administration filed by attorney Echols continued from 02/06/17.

Recommend continuance to 03/07/17 as requested by attorneys.

Appearance by counsel not required.

 

2200865 MATTER OF JOSE L. URRUTIA

Petition to Determine Succession to Real Property:

  • Item 14 does not list divorced wife (see Grant Deed) nor is she on the Notice of Hearing.
  • Need Order.

Recommend continuance to 03/14/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200874 ESTATE OF WILLIAM JOHN SALTER

Petition for Probate of Will and for Letters Testamentary:

  • Proofs of Subscribing Witness do not have copy of Will attached pursuant to item 1.
  • Item 8 of petition does not list names exactly as they appear in the Will.

Recommend continuance to 03/14/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200876 ESTATE OF LEROY GORDON FREMMING

Petition for Probate of Lost Will and for Letters Testamentary:

  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Need Order with copy of Will attached and with date and signature line following the signatures of the Witnesses (PrC§8223 and LR8.41).

Recommend continuance to 03/14/17 to allow time to cure defects.

Appearance by counsel not required.

 

TUESDAY, FEBRUARY 28, 2017

 

Department 21

8:30 a.m.

 

33856 MATTER OF EUGENE P. TISCORNIA

Petition for Appointment of Successor Trustee continued from 12/15/16.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

337540 MATTER OF DANIEL REYES SPECIAL NEEDS TRUST

Account Review Hearing continued from 08/29/16 and 11/30/16:

  • No accounting on file.

Appearance by counsel mandatory.

 

445473 ESTATE OF PATRICIA SMITH SUNDE

Account Review Hearing continued from 08/13/15, 09/06/16, 10/27/16 and 12/21/16:

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

Appearance by counsel mandatory.

 

445605 ESTATE OF RICHARD J. CUTLER

Discharge Review Hearing.

  • No Receipt on file.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of service to beneficiary.

Appearance by counsel mandatory.

 

2200140 ESTATE OF RONALD ALBERT NAIL

Discharge Review Hearing continued from 08/30/16:

  • No Receipt on file.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of service to beneficiary.

Appearance by counsel mandatory.

 

2200202 MATTER OF JEANNE S. BURKE FAMILY TRUST

Motion Re: Early Partial Trust Distribution or Family Allowance continued from 12/20/16.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200217 ESTATE OF DONNIE McCORMICK

Discharge Review Hearing continued from 11/15/16 and 12/20/16:

  • Missing Receipt.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of service to beneficiaries.

Appearance by counsel mandatory.

 

2200319 ESTATE OF KATHLEEN A. MUTRYNOWSKI

Discharge Review Hearing continued from 01/03/17

Recommend further continuiance to 05/02/17 to allow time for completion of distribution of Disney stock to beneficiary.

Appearance by counsel not required.

 

2200356 ESTATE OF JUANITA SILL

Account Review Hearing.

Recommend confirm 08/02/17 hearing on long cause matter.

Appearance by counsel not required.

 

2200396 ESTATE OF PAUL GIATRAKIS

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.

 

2200560 MATTER OF ADRIANA CRISTINA RODRIGUEZ ARIAS SETTLEMENT TRUST

Related to Case No. 2200561.

Account Review Hearing.

  • No accounting on file.

Recommend continuance to 05/30/17 to allow time to complete and file the accounting.

Appearance by counsel not required.

 

2200561 MATTER OF ALEXJANDRA STEPHANIE RODRIGUEZ ARIAS SETTLEMENT TRUST

Related to Case No. 2200560

Account Review Hearing.

  • No accounting on file.

Recommend continuance to 05/30/17 to allow time to complete and file the accounting.

Appearance by counsel not required.

 

2200562 ESTATE OF FRANK JAMES SILVA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/29/17.

Appearance by counsel not required.

 

2200637 ESTATE OF DIANA LEE BELYEU

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/30/17.

Appearance by counsel not required.

 

2200684 ESTATE OF LINDA SIEGENTHALER

Report of Sale and petition for Order Confirmation Sale of Real Property located at 3701 Colonial Drive #161, Modesto, CA (APN:  055-051-050) for sales price of $105,000.00 (first overbid $110,750.00).

  • Need Order.

Appearance by counsel and buyer mandatory.

 

2200768 MATTER OF KENNETH JAMES PEEVEY

Petition to Determine Succession to Real Property continued from 11/23/16 and 12/21/16.

Submitted to Judge for determination.

Appearance by petitioner (pro per) mandatory.

 

2200864 MATTER OF STEVEN L. NICOLINI

Spousal Property Petition continued from 02/06/17.

No documents filed since prior hearing.  Prior notes remain:

  • Item 2 of petition not completed.
  • Item 9 of petition omits relationships.
  • Need confirmation that son who signed Declaration is 18 years old.  If not, it will be necessary for a guardian ad litem to be appointed on his behalf.

Appearance by counsel mandatory.

 

9:30 a.m.

 

2200133 MATTER OF SCHULTER FAMILY TRUST

Court Trial continued from 11/16/16 and 01/25/17.

Appearance by counsel mandtory.

 

Department 22

8:30 a.m.

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Motion to Strike the Objection of Stacey Carlson to Petitioner’s Initial Administrator Report continued from 02/10/17.

Order of Examination Re: Stacey Carlson continued from 02/10/17.

Petition for Removal of Gabriel Ashlock continued from 02/10/17.

Petition for Attorney’s Fees, Damages, and the Accounting are continued from 02/10/17.

Petition for Probate of Will and for Letters of Administration with Will Annexed.

Recommended for approval.

Appearances by counsel mandatory.

 

WEDNESDAY, MARCH 1, 2017

 

8:30 a.m.

 

444600 MATTER OF FRANK E. DRULLINGER TRUST

Account Review Hearing continued from 11/01/16 and 01/18/17.

Third Account and Report of Trustee.

Court file review not yet complete.  Please recheck website.

 

445221 MATTER OF RALPH MAGANA SR. AND GEORGIA D. MAGANA 1994 LIVING TRUST

Status Review Hearing continued from 07/29/16, 09/29/16 and 01/31/17.

Stipulation for Entry of Judgment and order Pursuant to Settlement Agreement and Stipulation on Trust Distribution.

Recommend continuance to 06/01/17 to allow time for compliance.

Appearance by counsel not required.

 

445626 ESTATE OF C.A. SHAW

PrC§12200 Petition and Report of Executor as to Status of Estate continued from 10/18/16 and 01/31/17.

Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2200231 ESTATE OF CINDY LOU BROWNLOW

First and Final Report and Petition for Final Distribution.

Court file review not yet complete.  Please recheck website.

 

2200519 ESTATE OF BOBBY EUGHENE MADEWELL

Inventory Review Hearing 11/29/16 and 11/29/16.

Letters issued 05/26/16.  Inventory and Appraisal due 09/26/17.

No Inventory and Appraisal on file.

Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200624 ESTATE OF MICHAEL VICTOR OLSON

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Need Property Tax Certificate as box in caption not marked.

Recommend Account Review Hearing 09/05/17,

Appearance by counsel not required.

 

2200625 ESTATE OF TONY ALLEN BECKER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Need Property Tax Certificate as box in caption not marked.

Item 5b of Inventory and Appraisal not completed.

Need confirmation that none of the accounts listed on Attachment 1 are stock and/or investment accounts which need to be valued by the probate referee.

Recommend continuance to 03/15/17 to allow time to cure defects.

Appearance by counsel not required. 

 

2200633 MATTER OF WANDA CARY TRUST

Petition to Compel Trust Accounting from Trustees continued from 09/01/16.

Submitted to Judge for determination.

Appearance by counsel mandatory. 

 

2200645 ESTATE OF JASWINDER SINGH

Inventory Review Hearing.

Letters issued 09/01/16.  Inventory and Appraisal due 01/02/17.

No Inventory and Appraisal on file.

Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by personal representative (pro per) mandatory.

 

2200809 ESTATE OF LILLIAN ELSIE WILLIAMS

Petition for Probate of Will and for Letters Testamentary continued from 01/04/17 and 01/25/17 recommended for approval.

Recommend Inventory Review Hearing 08/31/17.

Court will sign the submitted order, appearance not required.

 

2200877 ESTATE OF ROBERT C. STUMBOUGH

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 08/31/17.

Court will sign the submitted order, appearance not required.

 

2200878 MATTER OF ELVIRA A. AVILA

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign the submitted order, appearance not required.

 

THURSDAY, MARCH 2, 2017

 

439972 MATTER OF JANELLE BOZARTH

Related Case No. 385411.

Petition for Order Authorizing Purchase of Real Property.

Court file review not yet complete.  Please recheck website.

 

444257 ESTATE OF DONALD DOYLE RAGSDALE

Amended Petition to Require Distribution of Estate, Reduce Costs Claimed by Executrix and Evaluate Fees and Costs Requested by Counsel filed attorney Echols continued from 10/19/16, 11/21/16 and 01/24/17.

Petition for Final Distribution filed by attorney Broderick-Villa continued from 11/21/16 and 01/24/17.

Objection on file.

Amended Petition for Final Distribution filed by attorney Broderick-Villa.

Court file review not yet complete.  Please recheck website.

 

444610 ESTATE OF MARK THOMAS PEREZ

Discharge Review Hearing continued from 01/06/15, 06/30/15, 12/30/15, 6/30/16, 08/31/16 and 11/30/16.

  • No Receipts.
  • No Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200416 ESTATE OF RONDL WAYNE TSCHANTZ

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.

 

2200432 ESTATE OF CLARA S. LEON

Account Review Hearing.

Petition for Final Distribution.

Court file review not yet complete.  Please recheck website.

 

2200504 ESTATE OF DARLENE FAGUNDES PARKER

Inventory Review Hearing continued from 12/08/16 and 01/25/17.

Petition for Termination of Proceedings and Discharge.

Court will sign the submitted order, appearance not required.

 

2200875 ESTATE OF JOHN FRANCIS CERRUTI II

Petition for Probate of Will and for Letters Testamentary:

  • Mandatory Judicial Council Form DE-111 Petition for Probate revised as of 01/01/2017 (not fatal this time).
  • Need Proof of Subscribing Witness as Will is not self-proving.
  • Item 1a instead of 1b in petition was marked).
  • Item 3b of petition omits county.
  • Item 3f(2)(a) of petition incorrectly marked.
  • Need Order for Probate.

Recommend continuance to 03/30/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200882 ESTATE OF JEANETTE BERG

Petition for Letters of Administration:

  • Mandatory Judicial Council Form DE-111 Petition for Probate revised as of 01/01/2017 (not fatal this time).
  • Minimum bond allowed is $20,000.00.
  • Authorization to Administer Under the Independent Administration of Estates Act not marked in caption of petition (with limited authority) as marked under item 2c.
  • Item 5a(3) or (4) of petition not marked.
  • Item 5b of petition not marked.
  • Need Proof of Publication.
  • Need Letters of Administration.

Recommend continuance to 03/30/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200886 MATTER OF ARLENE FRANCES RIEHS

Petition to Determine Succession to Real Property.

Recommended for approval.

Court will sign the submitted order, appearance not required.

 

2200887 ESTATE OF EDNA M. SCHMIDT

Petition for Probate of Will and for Letters Testamentary:

  • Mandatory Judicial Council Form DE-111 Petition for Probate revised as of 01/01/2017 (not fatal this time).
  • Need Proof of Subscribing Witness as Will is not self-proving.
  • Item 3f(1)(a) of petition not marked.
  • Item 3f(2)(a) and (c) petition incorrectly marked (not fatal defect).
  • Item 4 of petition not marked.
  • Need Notice of Petition to Administer Estate.

Recommend continuance to 03/30/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200888 ESTATE OF RAYMOND L. BROWN

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

Recommend Inventory Review Hearing 09/05/17.

Court will sign the submitted order, appearance not required.

 

FRIDAY, MARCH 3, 2017

No probate matters scheduled.

Last updated: February 17, 2017 2:50 PM