January 24, 2020

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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.

MONDAY, JANUARY 27, 2020

No probate matters scheduled.

 

TUESDAY, JANUARY 28, 2020

 

Department 23

8:30 a.m.

 

2200623 MATTER OF ERICH HOFMANN TESTMENTARY TRUST – a) Petitioners Sharon Hofmann and Gary Hofmann’s Motion for Attorney’s Fees b) Cross-Defendants John Brichetto & Jacquline Brichetto’s Motion for Attorney’s Fees continued from - Both motions for attorneys’ fees continued from 12/12/19:

See Tentative Ruling.

 

WEDNESDAY, JANUARY 29, 2020

No probate matters scheduled.

 

THURSDAY, JANUARY 30, 2020

No probate matters scheduled.

 

FRIDAY, JANUARY 31, 2020

No probate matters scheduled.

 

MONDAY, FEBRUARY 3, 2020

 

Department 22

8:30 a.m.

 

PR18000731 ESTATE OF FLORENCE NIGHTINGALE MADOLE HOFFMANN

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

PR18000759 ESTATE OF JEFFREY S. DAVIS

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

TUESDAY, FEBRUARY 4, 2020

 

Department 22

8:30 a.m.

 

2200860 ESTATE OF BARBARA BROWN

PrC§12200 Report of Status of Administration.

Recommend continuance to 08/05/20 as requested to allow time to complete Corrected Inventory and Appraisal.

Appearance by counsel not required.

 

2201024 ESTATE OF KEVIN D. SILVA

PrC§12200 Status Report of Administration continued from 10/17/19 and 12/10/19.

Recommend continuance to 06/26/20 when either Petition for Final Distribution or PrC§12200 Status Report of Administration is due.

Appearance by counsel not required.

 

2201075 ESTATE OF JOSE G. ALONZO

Petition to Confirm Ownership of Real Property continued from 08/14/19, 10/10/19 and 12/10/19:

  • Opposition on file.

Accounting Review Hearing continued from 08/22/19, 10/10/19 and 12/10/19:

Counter-Petition for Breach of Spousal Fiduciary Duty; for Probate Homestead Set-Aside; to Confirm Ownership of Real Property; and for Damages continued from 12/10/20:

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

2201240 ESTATE OF PATRICIA ANN VAN GROENENBERGH

Account Review Hearing continued from 05/17/19, 08/16/19 and 10/09/19:

  • Need status re payment from Metlife and sale of real property.

Appearance by counsel mandatory.

 

2201365 ESTATE OF ANTHONY R. GARCIA

Report of Sale and Petition for Order Confirming Sale of Real Property located at 812 Fernridge Court, Modesto for sales price of $225,000.00 (first overbid $236,750.00):

  • Need Assessor Parcel No.
  • Need confirmation that item 2b is correct and that there is no residence on the real property.
  • Need Attachment 2e.
  • Need Reappraisal Inventory and Appraisal as it has been more than one year from the date of death value (reappraisal value must be at least 90% of sales price) pursuant to item 3c of petition.
  • Need proof of cash deposit in amount of $22,500.00 pursuant to Item 4d.
  • Item 4f of petition not marked.
  • Item 10 of petition not completed.
  • Item 12 of petition shows multiple listing not used.
  • Need Notice of Hearing including all beneficiaries and buyers.

Recommend continuance to 03/11/20 to allow time to cure defects.

Appearance by personal representative (pro per) mandatory.

 

PR18000741 ESTATE OF KENNETH JACK HOWE

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by personal representative (pro per) mandatory.

 

PR18000773 ESTATE OF FLORENCE M. GARRETT

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Appearance by counsel mandatory.

 

PR19000134 ESTATE OF JOAN A. CRUICKSHANK

Inventory Review Hearing continued from 10/10/19 and 12/10/19.

No documents filed since prior hearing.  Prior notes remain:

  • Letters issued 04/17/19.  Inventory and Appraisal due 08/17/19.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory.

 

PR19000355 ESTATE OF EMMA M. KROEKER

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

Recommend Discharge Review Hearing 09/04/20.

Recommend vacate 05/19/20 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR19000688 MATTER OF LOIS M. RICE REVOCABLE TRUST

Petition to Compel Account and Report and Distribution of Trust Assets continued from 08/21/19 and 12/04/19.

No documents filed since prior hearing.  Prior notes remain:

  • Response including accounting for period from February 23, 2017, through February 28, 2019, on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19001088 ESTATE OF JANAGHA WALIMOHAMMAD

Petition for Letters of Administration continued from 12/10/19:

  • Recommend bond as children are minors.
  • Item 8 of petition does not list all relationships.
  • Need Notice of Petition to Administer Estate.

Spousal Property Petition:

  • Item 10 of petition inappropriately completed.
  • Need Guardian Ad Litem for minor children.
  • Need Notice of Hearing.
  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel required

 

PR19001245 MATTER OF PARSONS FAMILY TRUST

Petition for Order Confirming Successor Trustee and Trust:

  • Need Notice of Hearing on Petition to Determine Claim to Property pursuant to PrC§851(c) (use mandatory form DE-115).

Recommend continuance to 03/11/20 to allow time to cure defect.

Appearance by counsel not required.

 

PR19001271 ESTATE OF DEMETRESS SIMMS-HAMMONDS

Petition for Letters of Administration:

  • Need bond (minimum amount of bond $20,000.00).
  • Caption of petition does not included Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 1 of petition omits name of newspaper.
  • Item 2d of petition omitted.
  • Need info re need to file petition for probate when item 3 shows no assets.
  • Item 3e of petition omitted.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Item 5b 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 from The Modesto Bee.
  • Need Order for Probate.
  • Need Letters with original signature.

Recommend continuance to 03/11/20 to allow time to cure defect.

Appearance by petitioner (pro per) not required.

 

PR19001273 ESTATE OF JAMES GARCIA

Petition to Compel Return of Estate Property; for Damages and for Attorney Fees and Costs:

  • Need Notice of Hearing on Petition to Determine Claim to Property pursuant to PrC§851(c) (use mandatory form DE-115).

Recommend continuance to 03/11/20 to allow time to cure defect.

Appearance by counsel not required.

 

WEDNESDAY, FEBRUARY 5, 2020

 

Department 22

8:30 a.m.

 

2200817 MATTER OF ANDREW S. JOHN SPECIAL NEEDS TRUST

Second and Current Account and Report of Trustee.

Court file review not yet complete.  Please recheck website.

 

2201093 MATTER OF JOSEPH R. PICCININI TRUST III

Status Review Hearing continued from 01/15/20:

  • Need status re Settlement Agreement.

Appearance by counsel mandatory.

 

2201342 ESTATE OF ALFRED JOSEPH SPECKENS III

Related Case No. PR18000144.

PrC§12200 Status Report of Administration continued from 05/10/19, 07/26/19, 09/20/19 and 11/15/19:

  • Objection on file.

Possible Long Cause matter.

Appearance by counsel mandatory.

 

2201346 MATTER OF REYNA 2001 TRUST

Motion to Be Relieved as Counsel.

Submitted to Judge for determination.

See Tentative Ruling.

 

PR18000503 ESTATE OF STEPHEN AUSTIN CAIN

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20).

Recommend continuance to 03/11/20 to allow time to give proper Notice of Hearing.

Appearance by personal representative (pro per) not required.

 

PR18000534 ESTATE OF ROWEMARY IRENE LANG

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

Court file review not yet complete.  Please recheck website.

 

PR18000657 ESTATE OF VENITA JEAN JAMISON

Inventory Review Hearing continued from 06/27/19, 08/21/19 and 12/19/19.

No documents filed since prior hearings.  Prior notes remain:

  • Need Final Inventory and Appraisal.

Account Review Hearing continued from 12/19/19.

  • Need Petition for Final Distribution.

Motion to Be Relieved as Counsel.

Submitted to Judge for determination.

See Tentative Ruling.

 

PR19001274 ESTATE OF MARC DORVILIAS

Petition for Letters of Administration:

  • Item 3g(2)(a) of petition omitted.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication from The Modesto Bee.
  • Need Letters with original signature.

Recommend continuance to 03/11/20 to allow time to give proper Notice of Hearing.

Appearance by counsel not required.

 

PR19001279 ESTATE OF CHERYL ANN CHRISTIANSEN

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

Recommend Inventory Review Hearing 08/05/20.

Court will sign submitted order, appearance not required.

Last updated: January 24, 2020 11:12 AM