October 20, 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.   Court Call appearances are acceptable for most probate matters.  

MONDAY, OCTOBER 23, 2017

No probate matters scheduled.

 

TUESDAY, OCTOBER 24, 2017

 

426407 MATTER OF EZRA CAMACHO SPECIAL NEEDS TRUST

Account Review Hearing.

  • Need Fourth Account and Report of Trustee.

Appearance by counsel mandatory.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Court Trial.

Appearance by counsel mandatory.

 

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

Status Review Hearing continued from 01/18/17, 04/13/17, 06/20/17 and 09/20/17.

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 and 09/20/17.

  • No accounting on file to date.

Appearance by counsel mandatory.

 

445626 ESTATE OF C.A. SHAW

Hearing vacated.

 

2200282 ESTATE OF ALDO WILFREDO DAGNINO

Hearing vacated.

 

2200465 ESTATE OF ROBERT WOOTEN

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

Recommend Discharge Review Hearing 05/24/18.

Recommend vacate 03/27/18 hearing.

Court will sign submitted order, appearance not required.

 

2200887 ESTATE OF EDNA M. SCHMIDT

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

Recommend Discharge Review Hearing 05/24/18.

Court will sign submitted order, appearance not required.

 

2200956 ESTATE OF TERRY KING COLE

Inventory Review Hearing.

Recommend continuance to 12/21/17 as requested by attorney to allow time to complete and file Inventory and Appraisal.

Appearance by counsel not required.

 

2200957 ESTATE OF PATRICIA VAUGHN COLE

Inventory Review Hearing.

Recommend continuance to 12/21/17 as requested by attorney to allow time to complete and file Inventory and Appraisal.

Appearance by counsel not required.

 

2201203 MATTER OF THE ALAN HOWARD WOODS REVOCABLE TRUST

Petition for Order Confirming Trust Assets and Directing Transfer of Assets.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201217 ESTATE OF ROBERT C. MORRIS

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

Recommend Inventory Review Hearing 04/24/18.

Court will sign submitted order, appearance not required.

 

2201220 ESTATE OF MICHAEL WAYNE HAMILTON

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/24/18.

Court will sign submitted order, appearance not required.

 

2201223 MATTER OF CONNIE R. IHRIG

Petition to Determine Succession to Real Property:

  • Item 9a(3) or (4) of petition omitted.
  • Paragraph Fourth of Will makes distribution, if husband fails to survive, to Richard S. Ihrig and Debra K. Ihrig, or the survivor of them.  Need explanation re distribution set forth under this petition.

Recommend continuance to 11/08/17 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, OCTOBER 25, 2017

 

445202 ESTATE OF ALI MOHAMAD SAAD

Discharge Review Hearing continued from 09/13/17.

Recommend continue to 11/13/17 to coincide with hearing on Amended Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

445611 MATTER OF JON I. AND KAY BYERS TRUST

Court Trial.

Appearance of counsel mandatory.

 

2200266 MATTER OF DONALD J. AGRESTI & DORIS A. AGRESTI FAMILY 2005 TRUST

Amended Petition to Remove Trustee and to Appoint Successor Trustee and for Accounting continued from 10/26/15, 01/06/15, 03/08/16, 08/30/16 and 04/27/17.

  • Need status re settlement Agreement.

Appearance by counsel and pro per mandatory.

 

2200480 ESTATE OF FLOYD COLEMAN

Discharge Review Hearing continued from 07/26/17.

Recommend further continuance to 12/20/17 as requested by attorney to allow IRS matter to be completed.

Appearance by counsel not required.

 

2200679 ESTATE OF CAROLYN LOUISE KENNEDY

Account Review Hearing.

  • Need Petition for Final Distribution or PrC§1200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance personal representative (pro per) mandatory.

 

2200692 ESTATE OF AARON N. ENGELHARDT

Account Review Hearing.

  • Need Petition for Final Distribution or PrC§1200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2200814 ESTATE OF GEORGE M. COUTO

Inventory Review Hearing continued from 09/19/17.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/10/18.

Appearance by counsel not required.

 

2200848 ESTATE OF BILLIE GENE KEENEY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/25/18.

Appearance by counsel not required.

 

2200907 ESTATE OF BOBBIE RUTH ORIQUE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box not marked in caption.

Recommend Account Review Hearing 04/25/18.

Appearance by counsel not required.

 

2200911 ESTATE OF GUIDA A. ANDREETTA

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

  • Need Corrected Inventory and Appraisal.
  • Caption does not make distribution to trust.
  • Need Order.

Recommend continuance to 11/29/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200914 ESTATE OF THOMAS ROUNDTREE JR.

Court Trial.

Appearance by counsel mandatory.

 

Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 04/10/17, 06/13/17 and 08/24/17 filed by attorney William Broderick Villa.

Objection on file.

Competing Amended Petition for Probate of Lost Will and for Letters Testamentary filed by attorney Eurik O’Bryant.

 

2200921 ESTATE OF CARLA E. COUTO

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/25/18.

Appearance by counsel not required.

 

2200935 ESTATE OF HARVEY W. ROSE JR.

Inventory Review Hearing.

  • Letters issued 04/25/17.  Inventory and Appraisal due 08/25/17.
  • Inventory and Appraisal Partial No. 1 on file.
  • Need Final Inventory and Appraisal.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2201210 MATTER OF JAMES M. TOCCO GST TRUST

Petition for Order (1) Clarifying the Terms of the Trust (2) Interpreting the Terms of the Trust (3) Appointing Trustees.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201211 MATTER OF NANCY JEAN DYMKE

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

THURSDAY, OCTOBER 26, 2017

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Order of Examination.

Appearance mandatory.

 

445235 ESTATE OF MARLENE RUBI SOSA

Discharge Review Hearing continued from 03/15/17 and 07/27/17.

Recommend continuance to 10/26/17 to allow time to complete distribution and submit Ex Parte Petition for Final Discharge and Order for signature.

Appearance by counsel not required.

 

2200368 MATTER OF KA KIT SUN REVOCABLE LIVING TRUST

Related Case No. 2201236.

Status Review Hearing continued from 08/22/17.

  • Need status re creditor’s claims.

Appearance by counsel mandatory.

 

2200627 ESTATE OF PATRICIA KRIEGER KAIN

Inventory Review Hearing.

  • Letters issued 09/06/16.  Inventory and Appraisal due 01/06/17.
  • Partial No. 2 Inventory and Appraisal on file.
  • Need PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2200709 ESTATE OF LUISA A. BRASIL

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

Recommend Discharge Review Hearing 05/30/18.

Recommend vacate 11/01/17 hearing.

Court will sign submitted order, appearance not required.

 

2200802 ESTATE OF NORMAN M. REYNOLDS SR.

Inventory Review Hearing.

  • Letters issued 02/27/17.  Inventory and Appraisal due 06/27/17.
  • Partial No. 1 Inventory and Appraisal on file.
  • Need Property Tax Certificate as box in caption not marked.

Recommend continuance to 11/29/17 to allow time to complete and file Final Inventory and Appraisal and Property Tax Certificate.

Appearance by counsel mandatory.

 

2200928 ESTATE OF ROBERT DODGION SR

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box in caption not marked.

Recommend Account Review Hearing 04/27/18.

Appearance by counsel not required.

 

2200965 ESTATE OF LAURENCE D. LUIZ

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/26/18.

Appearance by counsel not required.

 

2200972 ESTATE OF LOUIS GEORGE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 11/15/17 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

2200975 ESTATE OF LILLIAN VERA HALE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box in caption not marked.

Recommend Account Review Hearing 04/26/18.

Appearance by counsel not required.

 

2201206 MATTER OF AVILA REVOCABLE TRUST

Petition and Points of Authority for Order Confirming Successor Trustee and Title to Trust Assets.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201224 ESTATE OF TERRY M. CARDWELL

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/26/18.

Court will sign submitted order, appearance not required.

 

2201228 ESTATE OF AUGUSTINA SALAZAR

Petition for Letters of Administration:

  • May require bond for out-of-state personal representative.
  • Item 3e of petition omitted (item 2d(1) marked).
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 6 of petition only completed if there is no issue.
  • Item 7 of petition only completed if there is no spouse or issue. 
  • Need Proof of Publication.

Recommend continuance to 11/09/17 to allow time to cure defects.

Appearance by counsel not required.

 

2201236 MATTER OF KA KIT SUM

Related Case No. 2200368.

Petition to Determine Succession to Real Property.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

FRIDAY, OCTOBER 27, 2017

 

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, 05/25/17, 06/27/17 and 08/29/17.

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

Appearance by counsel and personal representative mandatory.

 

2200717 ESTATE OF GENEVIEVE FIDALGO

Account Review Hearing.

Recommend confirm 12/07/17 hearing on PrC§12200 Report as to Status of Estate.

Appearance by counsel not required.

 

2200763 ESTATE OF TAMARA JEAN STAGGS

Inventory Review Hearing continued from 07/25/17.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 06/27/18.

Appearance by counsel not required.

 

2200977 MATTER OF HUGGINS FAMILY TRUST

Motion for Judgment on the Pleadings.

Submitted to Judge for determination.

 

2201008 MATTER OF THE GLADYS AND ERNEST SETLIFF TRUSTS

Petition for Removal of Co-trustees, Appointment of Successor Co-Trustees, and to Compel Accounting continued from 07/31/17 and 09/19/17.

  • Need status re settlement.

Appearance by counsel mandatory.

 

2201145 MATTER OF TRINA BARBER

Petition to Determine Succession to Real Property continued from 09/07/17.

Recommend confirm 11/17/17 hearing on Amended Petition to Determine Succession to Real Property.

Appearance by petitioner (pro per) not required.

 

2201213 MATTER OF MICHAEL GERDS SPECIAL NEEDS DISABILITY TRUST

Petition for Approval of the Michael Gerds Special Needs Disability Trust.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201225 ESTATE OF ISRAEL FLORESSANTIAGUILLO

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/27/18.

Court will sign submitted order, appearance not required.

 

2201232 ESTATE OF RICHARD PROUTY

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 04/27/18.

Court will sign submitted order, appearance not required.

 

MONDAY, OCTOBER 30, 2017

No probate matters scheduled.

Last updated: October 20, 2017 3:33 PM