February 19, 2018

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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 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.  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. 

 

MONDAY, FEBRUARY 19, 2018
Court Holiday - Presidents' Day.

 

TUESDAY, FEBRUARY 20, 2018
No probate matters scheduled.

 

WEDNESDAY, FEBRUARY 21, 2018

 

41837 MATTER OF WILLIAM DENNIS FAHEY TRUST 

Account Review Hearing continued from 12/12/17.

Recommend confirm 03/01/18 hearing on Thirty-Eighth Account and Report of Co-Trustees.
Appearance by counsel not required.

 

112813 ESTATE OF SARAH H. WITHERBY

Petition to Terminate Trusts of Elizabeth Phillips and Bradley Phillips and Distribute Property that Remains Into the Trust of Julianne Phillips, and to Reduce Bond Accordingly continued from 11/16/17.

Declaration filed by Bradley Phillips.

Submitted to Judge for determination.

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, 10/24/17 and 12/20/17.

  • No accounting on file.

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, 10/17/17 and 12/20/17.

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.

 

2200556 ESTATE OF JERRY LD HARRIS

Discharge Review Hearing:

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

Appearance by counsel mandatory.

 

2200580 ESTATE OF RICHARD I. MONTGOMERY

Discharge Review Hearing:

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

Appearance by counsel mandatory.

 

2200641 ESTATE OF MARY MEDEIROS COSTA 

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

Recommend Discharge Review Hearing 09/21/18.

Recommend vacate 04/19/18 hearing. 

Court will sign submitted order, appearance not required.

 

2200646 ESTATE OF BERENISE JIENEZ GONZALEZ

PrC§12200 Status Report of Administration continued from 01/23/18. 

Recommend continuance to 06/21/18 to allow time for insurance proceeds to be received for use in paying creditor’s claim.

Appearance by counsel not required.

 

2200766 ESTATE OF ROBERT STANLEY MORRISON 

Discharge Review Hearing.

Court file review not yet complete.  Please recheck website.

 

2200829 ESTATE OF MARY LOIS MASON

Discharge Review Hearing:

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

Appearance by counsel mandatory.

 

2200914 ESTATE OF THOMAS ROUNDTREE JR

Status Conference.

Appearances mandatory.

 

2201017 ESTATE OF JOHN JIMINEZ 

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

Recommend Discharge Review Hearing 09/21/18.

Recommend vacate 05/30/18 hearing.

Court will sign submitted order, appearance not required.

 

2201051 ESTATE OF JOYCE LEE GRAVES

Inventory Review Hearing.

Letters issued 08/21/17.  Inventory and Appraisal due 12/21/17.

No Inventory and Appraisal on file.

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

Appearance by personal representative (pro per) mandatory.

 

2201092 ESTATE OF MICHAEL HENRY CONANT

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 07/24/18.

Appearance by counsel not required.

 

2201261 ESTATE OF CYNTHIA TROW 

Court Trial. 

Appearances mandatory.

 

2201311 ESTATE OF GWENDOLYN REYNOLDS 

Petition for Letters of Administration recommended for approval continued form 12/29/17 and 02/02/18 filed by attorney Eric D. Capron on behalf of Charles Denver Reynolds, II: 

Objection filed by attorney Nicole M. Edington on behalf of Shawn Reynolds.

Response to Objection filed by attorney Eric D. Capron.
Supplemental Declaration to Objection filed by attorney Nicole M. Edington. 

Possible Long Cause Matter.

Submitted to Judge for determination. 

Appearance by counsel mandatory.

 

2201336 MATTER OF SMITH FAMILY TRUST 

Petition for Instructions. 

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201371 ESTATE OF SHIRLEY ANN HENDRIX 

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 09/05/18. 

Court will sign submitted order, appearance not required.

 

2201377 ESTATE OF MICHAEL ANDREW HARRY 

Petition for Probate of Will and for Letters Testamentary: 

  • Need supporting documentation re Will and minor children. 

Recommend continuance to 03/14/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201378 ESTATE OF MARY L. GOODRUM 

Petition for Probate of Lost Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving. 
  • Item 3g of petition omitted.
  • Item 5a(3) or (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 persons named in the Will.
  • Item 8 of petition does not list names exactly as they appear in Will. 
  • Item 8 of petition does not list beneficiaries of trust. 
  • Need copy of trust. 
  • Need “Family Tree”. 

Recommend continuance to 03/14/18 to allow time to cure defects. 

Appearance by counsel not required.

 

2201380 MATTER OF EBERWEIN FAMILY REVOCABLE TRUST 

Verified Petition for an Order Confirming Assets to Revocable Trust: 

  • Need Notice of Hearing on mandatory judicial form. 
  • Need proof of notice to all parties with interest in real property.

Recommend continuance to 04/03/18 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, FEBRUARY 22, 2018

 

432770 MATTER OF TRUST CREATED BY GLENDA SALVADOR

Account Review Hearing continued from 11/07/17.

Recommend confirm 04/05/18 hearing on Fifth Account Current and Report of Trustee.

Appearance by counsel not required.

 

439659 MATTER OF DAVID FLUENCE SPECIAL NEEDS TRUST

Bi-annual Accounting of Trustee and Petition for its Approval continued from 01/09/18.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

445611 MATTER OF JON L AND KAY BYERS TRUST

Motion to Vacate Judgment.

Submitted to Judge for determination.

 

2200655 ESTATE OF JESUS GUTIERREZ

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.

 

2200770 MATTER OF NEWNAM FAMILY TRUST

Status Review Hearing continued from 06/27/17 and 01/03/18:

  • Need status re administration of trust.

Appearance by counsel mandatory.

 

2200814 ESTATE OF GEORGE M. COUTO

Related Case No. 2200921.

Account Review Hearing continued from 01/10/18.

Recommend confirm 03/15/18 hearing on PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel not required.

 

2200965 ESTATE OF LAURENCE D. LUIZ

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

  • Need language re interest-bearing accounts.
  • Need explanation for no interest under accounting.
  • Cost of Administration gives incorrect info such as name of newspaper and fee for probate referee when not used.
  • Need Notice of Hearing.

Recommend continuance to 03/22/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201062 ESTATE OF MARY L. BUSTER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 09/05/18.

Appearance by counsel not required.

 

2201074 ESTATE OF JUDY FRANCES MALONE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.

Recommend Account Review Hearing 09/05/18.

Appearance by counsel not required.

 

2201116 ESTATE OF MARJORIE E. ZUMWALT

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Petition for Final Distribution on Waiver of Account:

  • Waivers of Account require notarized signature.
  • Costs of Administration August 17, 2017 $25.00 appears to be a late filing fee (sanction) and is not passed to estate.
  • Need schedule showing gain.
  • Need copy of closing statement for sale of real property.

Recommend continuance to 03/22/18 to allow time to cure defects.

Appearance by counsel not required.

 

2201200 MATTER OF SMEE FAMILY LIVING TRUST

Petition to Compel Trustee to Act, Petition for Remedies for Breach of Trust, and Petition for Complete Accounting filed 08/31/2017 and Response filed 10/13/2017 continued from 10/19/17 and 01/04/18.

No documents filed since prior hearing.  Prior notes remain:

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201242 MATTER OF LAURA FAYE JONES

Petition to Determine Succession to Real Property continued from 11/07/17:

  • Need Internet Search for missing heirs.  Petitioner is to prepare a supplemental Declaration with a printout of Internet Search as ordered by Minute Order dated 11/07/17.

Appearance by counsel mandatory.

 

2201272 ESTATE OF ELLA RUTH McKNIGHT

Petition for Probate of Lost Will and for Letters Testamentary continued from 12/05/17 and 01/09/18.

No documents filed since prior hearing.  Prior notes remain:

  • Caption marks both for probate of Lost Will and for Letters of Administration.
  • Caption does not request Authorization to Administer Under the Independent Administration of Estates Act continued from 01/09/18:
  • Need copy of Lost will.
  • Item 1a of petition incorrectly marked.  Publication to be arranged by petitioner.
  • Item 2b(2) of petition marked now requesting Administrator with Will Annexed.
  • Item 2d(1) of petition incorrectly marked.
  • Item 3c of petition omitted.
  • Item 3c of petition omits county.
  • Item 3f(1) of petition marked stating that Decedent died intestate 
  • Item 3g of petition omitted.
  • Item 3h of petition omitted.
  • Item 5a(2) of petition omitted.
  • 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.
  • Need Duties and Liabilities of Personal Representative.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters.

Appearance by petitioners (pro per) ordered pursuant to Minute Order dated 01/09/18.

 

2201291 MATTER OF JULIA AMES

Spousal Property Petition continued from 12/14/17 and 01/04/18.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201341 MATTER OF SAMUEL ATENCIO

Spousal Property Petition continued from 01/25/18

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2201365 ESTATE OF ANTHONY R. GARCIA

Petition for Letters of Administration:

  • May require bond.
  • Caption omits box requesting Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 3c of petition omits county.
  • Need Nominations of personal representative.
  • Need Waivers of Bond by Heirs (Mandatory Judicial Form DE-142) pursuant to item 3e(3) (Attachments).
  • Item 3g(2)(a) of petition omitted.
  • Item 6 of petition incorrectly completed as there is living issue.
  • Item 7 of petition incorrectly completed as there is living issue.
  • Need Duties and Liabilities of Personal Representatives.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters.

Recommend continuance to 03/22/18 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

2201372 ESTATE OF REBECCA WILKINSON

Petition for Letters of Administration filed by attorney Leigh W. Burnside on behalf of decedent’s brother.

Recommend continuance to 03/08/18 to coincide with competing Petition for Letters of Administration filed by attorney Jeeni P. Casey on behalf of surviving spouse.

Appearance by counsel not required.

 

2201376 ESTATE OF RICHARD F. LARA

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

Recommend Inventory Review Hearing 09/05/18.

Court will sign submitted order, appearance not required.

 

2201379 ESTATE OF STEPHEN CLYDE HOWARD

Petition for Letters of Administration:

  • Caption omits box requesting Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 3d of petition omitted.

Recommend continuance to 03/22/18 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

Last updated: February 16, 2018 9:36 AM