August 19, 2019

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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.

FRIDAY, AUGUST 16, 2019

 

Department 22

8:30 a.m.

 

2200155 ESTATE OF JASON AARON MOLAND

Petition for Approval of Sale of Real Property:

  • Need copy of proposed promissory note.
  • Notice of Hearing defective as mailed c/o another party.  Notice inadequate per CRC7.51(2).  A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.  If the person to receive notice is represented by an attorney, notice should be mailed to the party and to his/her attorney per CRC7.51(b) and PC§1214.  Notice to a minor must be sent directly to the minor.  A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides.  (CRC7.51(d)).

Recommend continuance to 09/25/19 to allow time for proper notice to be given to minor

Appearance by counsel not required.

 

2201240 ESTATE OF PATRICIA ANN VAN GROENENBERGH

PrC§12200 Status Report of Administration continued from 05/17/19:

  • Need Property Tax Certificate.
  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

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.

 

PR1800375 ESTATE OF CARMEN GOMEZ

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

  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.
  • Need language re notice to Director of Victim Compensation Board.
  • Need language re notice to Franchise Tax Board.
  • Item 9 of petition gives incorrect value for Inventory and Appraisal.
  • No actual accounting on file.
  • Need list of all assets set forth on Inventory and Appraisal totaling $300,000.00 including real property description and APN.
  • Need itemization of costs of administration.
  • Need calculation of statutory fee whether waive or not.
  • Item 29 of petition appears inappropriate as the petitioner is in pro per.
  • Need language re Request for Special Notice.
  • Schedule A does not include all assets set forth on Inventory and Appraisal totaling $300,000.00 including real property description and APN.
  • Schedule B appears inappropriate and does not give the same value as set forth on the Inventory and Appraisal.
  • Need Notice of Hearing.
  • Need revised Order.
  • Ex Parte Petition for Final Discharge and Order is submitted prior to the Discharge Review Hearing after the Order for Final Distribution is filed.

Recommend continuance to 10/10/19 to allow time to cure defects.

Appearance by personal representative (pro per) not required.

 

PR18000598 ESTATE OF ROBERT DEWITT BOWMAN

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

Recommend Discharge Review Hearing 03/13/20.

Court will sign submitted order, appearance not required.

 

PR19000288 ESTATE OF ROBERT DANIEL HENDERSON

Petition for Letters of Administration continued from 05/03/19 and 06/14/19:

  • Caption omits Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 3g(2)(c) of petition omitted.
  • Item 4 of Waivers of Bond by Heir omitted.
  • Need nominations of petitioner as personal representative in addition to Waivers of Bond.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Item 6b of petition omitted.
  • Item 6f of petition inappropriately marked.
  • Item 8 of petition omits whether person is adult or minor.
  • Item 8 of petition omits name and date of death for predeceased brother.
  • Item 2 of Duties and Liabilities of Personal Representative omitted.
  • Judicial form cannot be used as a supplement to the petition.
  • Notice of Hearing (form DE-120) inappropriate when filing petition for probate.
  • Proof of Publication gives incorrect date for hearing (May 3rd, 2019).

Appearance by counsel mandatory.

 

PR19000332 ESTATE OF ANN SHARON ADAMSON

Petition for Probate of Will and for Letters Testamentary continued from 05/10/19 and 06/14/19 recommended for approval.

Recommend Inventory Review Hearing 02/14/20.

Court will sign submitted order, appearance not required.

 

PR19000504 ESTATE OF DAVID GEORGE TARONE

Petition for Letters of Administration continued from 06/21/19 recommended for approval.

Recommend Inventory Review Hearing 02/14/20.

Court will sign submitted order, appearance not required.

 

PR19000645 MATTER OF KENNETH G. YONAN TRUST

Petition for Order Confirming Trust Assets.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000649 MATTER OF LEONARD L. TERANTO

Spousal Property Petition.

Recommend for approval.

Court will sign submitted order, appearance not required.

 

MONDAY, AUGUST 19, 2019 

No probate matters scheduled.

TUESDAY, AUGUST 20, 2019

Department 22

8:30 a.m.

 

2200968 ESTATE OF DEAN ALLEN JONES 

PrC§12200 Status Report of Administration continued from 06/25/19. 

Recommend continuance to 03/20/20 to allow time to sell real property. 

Appearance by counsel not required.

 

2201408 ESTATE OF SHIRLEY MAY CORBETT 

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

Recommend Discharge Review Hearing 03/20/20. 

Court will sign submitted order, appearance not required.

 

2201429 ESTATE OF MARY A. CUSTER 

Account Review Hearing: 

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

Appearance by counsel mandatory.

 

PR18000472 ESTATE OF EDWARD ARTHUR PEARCE 

Inventory Review Hearing: 

  • Letters issued 02/22/19.  Inventory and Appraisal due 06/22/19. 
  • Need Final Inventory and Appraisal.
  • Need Status Report filed immediately with proof of mailing to beneficiaries. 

Appearance by counsel mandatory.

 

PR18000622 ESTATE OF FRANCISCO ROMO GONZALEZ 

Related Case No. PR19000438. 

Court Trial. 

Appearance mandatory.

 

PR18000672 ESTATE OF ANNETTE TALAMANTE 

Inventory Review Hearing: 

  • Letters issued 02/20/19.  Inventory and Appraisal due 06/22/19.
  • Need Final Inventory and Appraisal. 
  • Need Status Report filed immediately with proof of mailing to beneficiaries. 

Appearance by counsel mandatory.

 

PR19000019 ESTATE OF SARGON YONAN 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 02/20/20. 

Appearance by counsel not required.

 

PR19000020 ESTATE OF THOMAS HOLLIS 

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/25/20. 

Appearance by counsel not required.

 

PR19000021 ESTATE OF CORINNE NICOLE MAY 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 02/25/20. 

Appearance by counsel not required.

 

PR19000438 ESTATE OF FRANCISCO ROMO GONZALEZ 

Related Case No. PR18000622.

Court Trial.

Appearance mandatory.

 

PR19000490 ESTATE OF GLENN SCOTT DOLFIN 

Petition for Probate of Will and for Letters Testamentary continued from 06/25/19: 

  • Caption of petition does not request authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 3e(3) of petition not required. 
  • Item 3f(2) of petition not completed as the Will is self-proving. 
  • Item 3g(2)(c) of petition inappropriately marked. 
  • Item 6b of petition omitted. 
  • Item 6f of petition inappropriately marked. 
  • Item 8 of petition does not list all names exactly as they appear in Will. 
  • Need Family Tree. 
  • Need Letters Testamentary with original signature. 

Appearance by attorney mandatory.

 

PR19000510 ESTATE OF JESUS RIVERA 

Petition for Letters of Administration continued from 06/25/19 recommended for approval.

Recommend Inventory Review Hearing 02/20/10.

Court will sign submitted order, appearance not required.

 

PR19000651 ESTATE OF JANET McCULLAR 

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/20/20.

Court will sign submitted order, appearance not required.

 

PR19000655 ESTATE OF FRANCIS WILLIAM HELMICK JR. 

Petition for Letters of Administration: 

  • Item 2c of petition omitted. 
  • Item 34 of petition gives value of real property as $1,850.00.  Need explanation for need to file petition for probate when another procedure can be used to transfer property valued at less than $50,000.00. 
  • Need “Family Tree”. 
  • Notice of Petition to Administer Estate Proof of Service by Mail defective as signed by petitioner.  Proof of Service must be completed by person over the age of 18 who mails the notice and who is not a party to this action. 
  • Need Letters of Administration with original signatures on same page. 

Recommend continuance to 09/24/19 to allow time to cure defects. 

Appearance by petitioners (pro per) not mandatory.

 

PR19000679 ESTATE OF JOAN COULTER GARN 

Petition for Probate of Will and for Letters Testamentary: 

  • Item 1 gives incorrect newspaper as decedent resident of Modesto. 
  • Item 3f(2) of petition not completed as Will is self-proving. 
  • Item 3g(2)(c) of petition marked inappropriately. 
  • Item 8 of petition omits name and date of death for predeceased spouse. 
  • Item 8 of petition omits trustee(s) and beneficiaries of trust. 
  • Need copy of trust document. 
  • Need signed Declination to serve as executor. 
  • Need proof of notice to Swiss Consulate. 
  • Need proof of notice to Peruvian Consulate. 
  • Need Proof of Publication from The Modesto Bee. 

Recommend continuance to 09/24/19 to allow time to cure defects. 

Appearance by counsel not mandatory.

 

Department 24 

8:30 a.m.

 

2200638 ESTATE OF DARYEL JOSEPH KASINGER 

Account Review Hearing continued from 03/06/19 and 07/02/19: 

  • Need Petition for Final Distribution. 

Appearance by counsel mandatory.

 

WEDNESDAY, AUGUST 21, 2019

 

Department 22

8:30 a.m.

 

2201410 ESTATE OF ANTONIO GUERRERO HERNANDEZ

Account Review Hearing continued from 06/12/19.

No documents filed since prior hearing.  Prior notes remain:

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

Appearance by counsel mandatory.

 

2201425 ESTATE OF THERESA LEE GILL

PrC§12200 Status Report of Administration continued from 06/26/19:

  • Need Notice of Hearing pursuant to PrC§12201 (Notice of Hearing filed 06/28/19 was not given pursuant to PrC§12201).

Recommend continuance to 09/25/19 to allow time to cure defect.

Appearance by petitioner (pro per) not required.

 

PR18000219 ESTATE OF DONNA M. MYERS

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.

 

PR18000275 ESTATE OF JAMES S. LOUIS CLURE SR.

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

Recommend Discharge Review Heairng 03/25/20.

Court will sign submitted order, appearance not rquired.

 

PR19000025 ESTATE OF GLENDA DARLENE TEAGUE

Inventory Review Hearing.

Recommend continuance to 10/18/19, as requested in Sttus Report on file, to allow additional time to file Inventory and Appraisal.

Appearance by counsel not required.

 

PR19000184 ESTATE OF JAMES STEPHAN WESTPHAL

Petition for Termination of Further Proceedings and Discharge of Personal Representative.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000375 ESTATE OF DAN ALAN HICKS

Related Case No. PR19000658.

Petition for Probate of Will and for Letters Testamentary filed by attorney McHugh on behalf of named executor/daughter of decedent continued from 05/23/19 and 07/23/19:

  • Objection on file.
  • Competing Petition for Letters of Administration filed by attorney Demiris on behalf of daughter of decedent.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000513 ESTATE OF JAMES V. KENYON

Petition for Probate and for Letters Testamentary continued from 06/26/19 recommended for approval.

Recommend Inventory Review Hearing 02/21/20.

Court will sign submitted order, appearance not required.

 

PR19000658 ESTATE OF DAN ALAN HICKS

Related Case No. PR19000375.

Petition for Letters of Administration filed by attorney Konstantine Demiris on behalf of daughters of decedent:

  • Item 3c of petition omits county.
  • Item 3h(2) of petition omits petitioner living in Utah.
  • Competing Petition for Probate of Will and for Letters Testamentary filed by attorney McHugh on behalf of named executor/daughter of decedent continued from 05/23/19 and 07/23/19.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000659 ESTATE OF FELIX FLORES GARCIA

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/21/20.

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:

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

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

PR19000701 ESTATE OF PATRICIA JOSEPHINE NELSON

Petition for Letters of Administration:

  • Item 3g(2)(a) of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Letters with original signature.

Recommend continuance to 10/09/19 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, AUGUST 22, 2019

 

Department 22

8:30 a.m.

 

2201075 ESTATE OF JOSE G. ALONZO

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.

 

2201468 ESTATE OF CAROLYN STANION

Discharge Review Hearing:

  • Need Receipt from Trustee of Trust.

Appearance by counsel mandatory.

 

PR18000519 ESTATE OF ROBERT JOHN LYON

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

Recommend Discharge Review Hearing 03/20/20.

Court will sign submitted order, appearance not required.

 

PR18000639 ESTATE OF BEVERLY JUNE CARPENTER

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

Court file review not yet complete.  Please recheck website.

 

PR19000044 ESTATE OF PATRICIA ANN FERNANDEZ

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/28/20.

Appearance by counsel not required.

 

PR19000484 MATTER OF KARL ANTONY KETTNER

Status Review Hearing.

  • Need status re sale of real property.

Appearance by counsel mandatory.

 

PR19000660 ESTATE OF JAMES R. McANDREWS SR.

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/21/20.

Court will sign submitted order, appearance not required.

 

PR19000663 ESTATE OF NORMA KUDERNA

Petition for Probate of Will and for Letters Testamentary:

  • Box marked inappropriately for Letters of Administration in caption.
  • Box omitted requesting Authorization to Administer Under the Independent Administration of Estates Act in caption.
  • Item 3c of petition omits county.
  • Item 3e(1) of petition omitted.
  • Item 3e(3) of petition inappropriately marked.
  • Item 3g2(a) of petition inappropriately marked.
  • Item 5a(2)(a) or (b) of petition omitted.
  • Item 5a(3) or (4) of petition omitted.
  • Item 8 of petition omits named and date of death for predeceased spouse, if any.
  • Item 8 of petition does not list all persons named in Will.
  • Item 8 of petition does not list names exactly as listed in Will.
  • Item 8 of petition does not list trustee(s) or beneficiary(s) of Will.
  • Need copy of Trust.
  • Inventory and Appraisal on file not fully completed and omits Attachment 1.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Letters with original signature.

Recommend continuance to 09/19/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000696 ESTATE OF KATHLEEN L. ECKLE

Petition for Probate of Lost Will and for Letters Testamentary.

Need Proof of Subscribing Witness as Will not-self proving.

Recommend continuance to 10/09/19 to allow time to cure defect.

Appearance by counsel not required.

 

Department 24

8:30 a.m.

 

PR18000384 ESTATE OF RALPH JAMES HARRELSON II 

Related Case No. PR18000676.

Petition for Letters of Administration filed by George P. Rodarakis on behalf of creditor continued from 09/20/18, 10/25/18, 12/20/18, 02/20/19, 03/21/19 and 05/15/19:

  • Need bond in amount of $20,000.00 (minimum amount).
  • Objection on file.

Appearance by counsel mandatory.

 

PR18000676 ESTATE OF RALPH JAMES HARRELSON II

Related Case No. PR18000384.

Competing Petition for Letters of Administration filed by Eric T. Nielsen on behalf of surviving spouse continued from 12/04/18, 12/20/18, 03/21/19 and 05/15/19 recommended for approval.

Recommend Inventory Review Hearing 11/15/19.

Appearance by counsel mandatory.

 

Friday, August 23, 2019

 

Department 22

8:30 a.m.

 

2200023 ESTATE OF CONCEPCION GONZALEZ

Account Review Hearing continued from 10/04/18, 12/14/18, 03/01/19 and 06/28/19.

First and Final Account and Report and Petition for Final Distribution continued from 06/28/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need clarification re Creditor’s Claim filed 03/03/2015 in amount of $13,545.30 (filed by attorney Tara Mazzanti on behalf of Roberto and Concepcion Gonzalez).
  • Need to use date of death value for Inventory and Appraisal (not reappraisal for sale).
  • Need recalculation of statutory fees. 
  • Need Closing Statement for sale of real property.
  • Need new Order.

Appearance by counsel mandatory.

 

2201479 ESTATE OF MICHAEL HAROLD WATSON

Account Review Hearing continued from 06/21/19.

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201.

Recommend continuance to 10/10/19 to allow time to give Notice of Hearing pursuant to PrC§12201.

Appearance by counsel not required.

 

PR18000022 ESTATE OF JOAN BEESON SANGSTER

Account Review Hearing.

Recommend continuance to 10/25/19, as requested by attorney, to allow time to complete and file Petition for Final Distribution.

Appearance by counsel not required.

 

PR18000166 ESTATE OF EDGAR F. CARMICHAEL

Inventory Review Hearing continued from 02/21/19 and 03/28/19.

Final Inventory and Appraisal on file.

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

Petition for Final Distribution on Waiver of Account.

Recommend continuance to 10/17/19 to allow time for Property Tax Certificate to be completed and filed.

Appearance by counsel not required.

 

PR18000669 ESTATE OF ROBERT D. STEVES SR.

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

Recommend Discharge Review Hearing 03/24/20.

Court will sign submitted order, appearance not required.

 

PR1900549 ESTATE OF NAOMI MILLS

Petition for Probate of Will and for Letters Testamentary continued from 06/28/1 recommended for approval.

Recommend Inventory Review Hearing 02/25/20.

Court will sign submitted order, appearance not required.

 

PR1900672 ESTATE OF GINA LA RAE BONNICI

Petition for Probate of Lost Will and for Letters Testamentary:

  • Need Proof of Subscribing Witness as Will not self-proving.
  • Item 3g(2)(a) and (c) of petition inappropriately marked.
  • Item 8 of petition does not list names exactly as they appear in Will.
  • Item 8 of petition does not need to list siblings of decedent nor do they require notice.
  • Notice of Hearing (form DE-120) inappropriate for filing of petition for probate.
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 09/20/19 to allow time to cure defects.

Appearance by counsel not required.

 

PR1900674 ESTATE OF HELEN P. SENNA

Petition for Probate of Lost Will and for Letters Testamentary:

Recommend continuance to 10/25/19 as requested by attorney.

Appearance by counsel not required.

 

PR19000678 MATTR OF MARY LOU SULLIVAN

Petition to Determine Succession to Real Property:.

  • Supplemental Petition needs to be prepared on pleading paper (cannot use DE-310 form).  You can file an Amended Petition to Determine Succession to Real Property along with Notice of Hearing which will be assigned a new date.
  • Item 1 incorrectly marks box for personal property (none listed on Inventory and Appraisal).
  • Item 9a(3) or (4) of petition omitted.
  • Item 9a(7) or (8) of petition omitted.
  • Item 13 completed incorrectly.
  • Item 12 incorrectly marks box for personal property (none listed on Inventory and Appraisal).
  • Attachment 14 required under Item 14 not attached (persons under items 1 and 9 including predeceased spouse with date of death).
  • Need copy of most recent deed showing current title to real property.
  • Item 5b of Inventory and Appraisal not completed.
  • Need Notice of Hearing including proof of service to Department of Health Services.

Recommend continuance to 10/23/19 to allow time to cure defects.

Appearance by petitioner not required.

 

MONDAY, AUGUST 26, 2019

No probate matters scheduled.

Last updated: August 15, 2019 4:22 PM