March 24, 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, MARCH   27, 2017

 

385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST

Account Review Hearing.

  • No accounting on file.

Appearance by counsel mandatory.

 

444318 MATTER OF ISAAC ORTIZ SPECIAL NEEDS TRUST

Account Review Hearing.

Recommend continuance to 05/31/17 to allow time to file accounting and give 30-day notice.

Appearance by counsel not required.

 

445638 ESTATE OF LORENE McCLUSKEY

Account Review Hearing continued from 05/25/16, 08/31/16, 11/30/16 and 02/23/17.

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

Recommend Inventory Review Hearing 10/31/17.

Court will sign submitted order, appearance not required.

 

2200234 MATTER OF THE RICHARD HENRY FRICKE SPECIAL NEEDS TRUST

Amended First Trust Account, Second and Current Trust Account, and Report of Trustee, and Petition for Approval Thereof.

  • Need proof of notice to Larry Fricke.
  • Need explanation re overdraft loans and whether or not there is interest included in the payment.
  • Need explanation as to why trustee pays trust expenses and is then reimbursed.  Whey isn’t there enough money in the trust account to be used to pay trust expenses.  How is the beneficiary’s social security involved?
  • Need disbursements separated into categories as follows:
  • Living Expenses (utilities, clothing, groceries, misc. personal expenses).  The money going directly to the beneficiary should be considered an allowance.  Living expenses should be paid directly from the trust account.
  • Medical Expenses.
  • Professional Expenses (attorneys, accountants, etc.)
  • Entertainment and Vacation Expenses (these disbursements should include supporting documentation (dinner receipts showing number of guests, how many airline tickets purchased, list of vacations and guests, etc.).

Recommend continuance to 04/26/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200429 ESTATE OF RICHARD ALAN SCHILLER

Petition to Confirm and Approve Settlement and Sale of Real Property.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200683 ESTATE OF SILAS A. BARTELL

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

Recommend Discharge Review Hearing 10/31/17.

Recommend vacate 04/13/17 hearing..

Court will sign submitted order, appearance not required.

 

2200899 ESTATE OF ALICE MAE BARKER

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

  • Need Proof of Subscribing Witness as Will is not self-proving.
  • Recommend $300,000.00 bond as Will does not waive bond for petitioner as administrator.
  • Item 3c of petition omits county.
  • Item 3g(2)(a) of petition incorrectly marked.
  • Need “Family Tree”.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

Competing Petition for Probate of Will and for Letters of Administration with Will Annexed:

  • Recommend $600,000.00 bond as Will does not waive bond for petitioner as administrator.
  • Item 3c of petition omits county.
  • Item 3g(2)(a) and (c) of petition incorrectly marked.
  • Need Letters.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200928 ESTATE OF ROBERT DODGION SR

Petition for Letters of Administration:

  • Recommend $200,000.00 bond as Waivers of Bond by Heir (form DE-142) not on file.
  • Caption of petition does not mark box “with limited authority” as related to item 2c.
  • Item 1 of petition omitted.
  • Item 2 of petition omitted.
  • Item 2b(1) of petition incorrectly marked.
  • Item 2b(3) of petition omitted.
  • Item 3c of petition omits county.
  • Item 3e(1) of petition incorrectly marked as there is no Will.
  • Item 3g(2)(c) of petition not completed with relationship.
  • Item 8 of petition omits relationships.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

2200937 MATTER OF BONITA R. BRANDT

Petition to Determine Succession to Real Property:

  • Need confirmation that original Will has been lodged with probate clerk.
  • Item 1 of petition does not list Trustee of the Bonita R. Brandt Revocable Trust.
  • No Attachment 14 attached to petition.
  • No Attachment 15 attached to petition.
  • No Attachment 16 attached to petition.
  • Assignments need to be notarized.
  • Need copy of deed showing current title to real property.
  • Need proof of notice to Department of Health Services.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200939 ESTATE OF JOSE R. HINOJOSA

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

Recommend Inventory Review Hearing 09/27/17.

Court will sign submitted order, appearance not required.

 

TUESDAY, MARCH 28, 2017

 

336872 ESTATE OF NORA NARAGHI

Related to Case No. 387757 and 444380.

Status Review Hearing continued from 07/22/14, 01/22/15, 02/11/16 and 08/18/16.

  • Stipulation and Order to Continue Hearing Date to 10/03/17 on file.

Appearance by counsel not required.

 

387757 ESTATE OF HASHEM NARAGHI

Related to Case No. 336872 and 444380.

Status Review Hearing continued from 07/22/14, 01/22/15, 02/11/16 and 08/18/16.

  • Stipulation and Order to Continue Hearing Date to 10/03/17 on file.

Appearance by counsel not required.

 

429161 ESTATE OF HOWARD CHRISTOPHER WILCH

Discharge Review Hearing.

  • 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.

 

444380 MATTER OF NORA AND HASHEM NARAGHI SEPARATE PROPERTY TRUST

Related to Case No. 336872 and 387757.

Status Review Hearing continued from 07/22/14, 01/22/15, 02/11/16 and 08/18/16.

  • Stipulation and Order to Continue Hearing Date to 10/03/17 on file.

Appearance by counsel not required.

 

444963 ESTATE OF THOMAS LEON TROMBETTA

Discharge Review Hearing.

  • No Receipts on file.
  • 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.

 

445721 ESTATE OF NICOLE MINGHAM

Discharge Review Hearing.

Recommend continuance to 09/28/17 as requested in Status Report on file to allow time to obtain Receipt.

Appearance by counsel not required..

 

2200404 ESTATE OF CAROL A. RENNIE

Petition for Final Distribution continued from 03/06/17 recommended for approval.

Recommend Discharge Review Hearing 10/31/17.

Court will sign submitted order, appearance not required.

 

2200435 ESTATE OF GURMUKH GILL

Inventory Review Hearing.

Letters issued 03/24/16.  Inventory and Appraisal due 07/24/16.

  • No Inventory and Appraisal on file.

Petition for Recovery of Assets; Confirmation of Title; and Order of Liquidation and Distribution continued from 01/11/17, 01/31/17 and 03/07/17.

Response on file.

Complaint for Breach of Oral Contract and Complaint for Constructive Trust continued from 01/31/17 and 03/07/17.

First Amended Complaint for Breach of Oral Contract continued from 03/07/17.

Answer to Complaint for Breach of Oral Contract.

First Amended Complaint for Constructive Trust continued from 03/07/17.

Answer to Complaint for Constructive Trust.

Recommend continuance to 04/26/17 to coincide with Notice of Motion and Motion to Bifurcate Petition for Recovery of Assets; Cofnirmation of Title; and Order of Liquidation and Distribution.

Appearance by counsel not required.

 

2200436 ESTATE OF MARVIN SMITH

Account Review Hearing.

Recommend confirm 04/11/17 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

200628 ESTATE OF JEAN MARIE KING

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 04/06/17 hearing on Petition for Final Distribution.

Appearance by counsel not required.

 

2200640 ESTATE OF OTIS EMERY VLACH JR.

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirmation 05/01/17 hearing on Petition for Final Distribution on Waiver of Accounting.

Appearance by counsel not required.

 

2200652 LAWRENCE D. SCHMITZ

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 09/28/17.

Appearance by counsel not required.

 

2200659 ESTATE OF PAUL WILLIAM MARTINEZ

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Petition for Final Distribution on Waiver of Account.

  • Need Schedule showing gain on real property.
  • Need copy of closing statement for sale of real property.
  • Need Order.

Recommend continuance to 04 11/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200661 ESTATE OF DENISE ELLEN SMALLING

Inventory Review Hearing.

  • Letters issued 09/26/16.  Inventory and Appraisal due 01/26/17.
  • No Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200662 ESTATE OF WANDA FAYE McBROOM

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 09/27/17.

Appearance by counsel not required.

 

2200663 ESTATE OF MARIE EVONNE HUDSON

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 09/27/17.

Appearance by counsel not required.

 

2200863 ESTATE OF ROBERT KAY GALBREATH

Petition for Probate of Will and for Letters Testamentary continued from 02/14/17 and 03/14/17 recommended for approval.

Recommend Inventory Review Hearing 09/27/17.

Court will sign submitted order, appearance not required.

 

2200893 ESTATE OF DOUGLAS LARRY NULL

Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 03/06/17 recommended for approval.

Recommend Inventory Review Hearing 09/27/17.
Court will sign submitted order, appearance not required.

 

2200895 ESTATE OF RICHARD ALAN GOWANS

Petition for Probate of Will and for Letters Testamentary continued from 03/07/17 recommended for approval.

Recommend Inventory Review Hearing 09/28/17.

Court will sign submitted order, appearance not required.

 

2200896 ESTATE OF VALOIS S. HERRERA

Petition for Letters of Administration continued from 03/06/17 recommended for approval.

Recommend Inventory Review Hearing 09/28/17.

Court will sign submitted order, appearance not required.

 

2200911 ESTATE OF QUIDA A. ANDREETTA

Petition for Probate of Will and for Letters Testamentary continued from 03/13/17.

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

Appearance by counsel mandatory.

 

WEDNESDAY, MARCH 29, 2017

 

444600 MATTER OF FRANK E. DRULLINGER TRUST

Account Review Hearing continued from 11/01/16, 01/18/17 and 03/01/17.

Third Account and Report of Successor Trustee, JoEllen King and Petition to Settle Account continued from 03/01/17.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200201 ESTATE OF YVONNE MATTOS

Discharge Review Hearing continued from 12/28/17.

  • 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. 

 

2200245 ESTATE OF ROBERT ALLAN WOOD

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

Recommend continuance to 05/31/17 to allow time for Corrected Inventory and Appraisal to be completed and filed.

Appearance by counsel not required.

 

2200320 ESTATE OF JOSEPH FRANKLIN SNYDER

Status Review Hearing.

Recommend continued to 05/04/17 to coincide with law and motion matter.

Appearance by counsel not required.

 

2200325 ESTATE OF LAURA FLORY

Account Review Hearing continued from 12/08/16 and 01/11/17.

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

Recommend Discharge Review Hearing 11/01/17.

Court will sign submitted order, appearance not required.

 

2200366 ESTATE OF CAROL GWYN BLACKMER

Account Review Hearing continued from 01/11/17.

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

Appearance by counsel mandatory.

 

2200390 ESTTE OF WORRELL HENRY DEUSER

Discharge Review Hearing.

Ex Parte Petition for Final Discharge and Order submitted for signature returned to attorney for correction.

Recommend continuance to 04/26/17 to allow time to cure defect.

Appearance by counsel not required.

 

2200391 ESTATE OF STEVEN ROBERT MOTEL

Account Review Hearing continued from 02/22/17.

Recommend confirm 04/26/17 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

 2200613 ESTATE OF ORVILLE TRUITT CUNNINGHAM

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 10/04/17.

Appearance by counsel not required.

 

2200614 ESTATE OF LUPE RODRIGUEZ POLLARD

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/03/17.

Appearance by counsel not required.

 

2200625 ESTATE OF TONY ALLEN BECKER

Inventory Review Hearing continued from 03/01/17.

Final Inventory and Appraisal on file.

Recommend  Account Review Hearing 09/05/17.

Appearance by counsel not required.

 

2200834 ESTATE OF ALBERT MESA

Court Trial.

Appearances by counsel mandatory.

 

THURSDAY, MARCH 30, 2017

 

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, 11/30/16 and 03/02/17.

  • 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 and personal representative mandatory.

 

445302 ESTATE OF PATRICIA LYNNETT MORRIS

First Report and Account; Petition for Reimbursement of Costs and Instructions on the Disposition of Personal Property continued from 04/25/16, 05/31/16, 07/27/16, 10/04/16, 11/15/16 and 01/18/17.

  • No amended petition on file.

Appearance by counsel mandatory.

 

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 and 01/10/17.

  • Need Receipts for Final Distribution.
  • Need 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.

 

445546 ESTATE OF DONNA MONES

Account Review Hearing continued from 09/28/16, 11/29/16, 01/12/17 and 02/03/17.

  • Need confirmation that Ms. Garcia has turned over all bank statements/assets as previously order on 02/16/16.
  • Ms. Garcia is ordered to personally appear at this hearing or the court will hold her in contempt.

Appearances by attorneys and Ms. Garcia mandatory.

 

2200073 ESTATE OF JUDITH ANN CROSS

Second Amended First and Final Report of Personal Representative Waiver of Accounting, Petition for Final Distribution of Account and Payment of Statutory Fees to Attorney:

  • Statutory calculations are incorrect.
  • Need copy of Schedule of gain or loss for sale of real property.
  • Notice of Hearing Proof of Mailing defective as it does not give a 15-day notice.
  • Need Order.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200142 MATTER OF GEORGE WILLIAM LITT 2014 REVOCABLE LIVING TRUST

Status Review Hearing continued from 06/29/16, 09/29/16, 11/17/16 and 12/20/16.

  • Need status of administration.

Appearance by counsel mandatory,

 

2200334 ESTATE OF BOBBIE J. PEEPLES

Account Review Hearing continued from 12/14/16 and 01/19/17.

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

Personal appearance by personal representative (pro per) ordered pursuant to Minute Order of 12/14/16.

 

2200387 MATTER OF HIROTA FAMILY TRUST

Account Review Hearing.

  • Need status re:  accounting.

Appearance by counsel mandatory.

 

2200452 ESTATE OF THERESA MARIA REYNAGA

PrC§12000 Status Report of Administration of Estate.

Recommend continuance to 10/04/17 as requested in status report on file.

Appearance by counsel not required.

 

2200541 ESTATE OF CURTIS MITCHELL GOMES

Inventory Review Hearing continued from 12/01/16 and 02/16/17.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/29/17.

Appearance by counsel not required.

 

2200623 MATTER OF ERICH HOFMAN TESTAMENTARY TRUST

Petition for Order:  (i) Determining Interests in Property; (ii) Directing Trustee to Convey Legal Title to Property; (iii) To Compel Distribution; and (iv) To Compel Accounting for Rental Payments continued from 08/22/16, 11/08/16, 01/03/17 and 02/07/17.

Answers and Cross Complaints continued from 01/25/17.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200645 ESTATE OF JASWINDER SINGH

Inventory Review Hearing continued from 03/01/17.

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

Recommend continuance to 06/29/17 to allow time for new counsel to prepare and file Inventory and Appraisal.

Appearance by counsel and personal representative (pro per) not required.

 

2200732 MATTER OF DELPHIA J. HOWARD TRUST

Status Conference.

Appearances by counsel mandatory.

 

2200733 ESTATE OF TERRY HERSHEL

First Amended Petition to Determine Title and Require Transfer of Personal Property to Estate and Damages.

  • Need Notice of Hearing.

Response and Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory.

 

2200795 ESTATE OF GIOVANNI PODESTA

Petition for Lost Will and for Letters Testamentary continued from 12/15/16 and 01/19/17.

No documents filed since prior hearings.  Prior notes remain:

  • Caption of petition omits Authorization to Administer Under the independent Administration of Estates Act.
  • Item 3b of petition omits county.
  • Copy of Will not attached to petition which means full review cannot be made.
  • Need Declaration re: search for original Will.
  • Item 5a(3) or (4) of petition omitted.
  • Item 5a(5) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Item 8 of petition does not include relationships.
  • Item 8 of petition does not include children pursuant to item 5a(5)(a).
  • Need Duties and Liabilities of Personal Representative.
  • Need Proof of Publication.
  • Need Order for Probate with copy of lost Will attached with date and signature on last page.

Appearance by counsel mandatory.

 

2200875 ESTATE OF JOHN FRANCIS CERRUTI II

Petition for Probate of Will and for Letters Testamentary continued from 03/02/17 recommended for approval.

Recommend Inventory Review Hearing 09/28/17.

Court will sign submitted order, appearance not required.

 

2200887 ESTATE OF EDNA M. SCHMIDT

Petition for Probate of Will and for Letters Testamentary continued from 03/02/17 recommended for approval.

Recommend Inventory Review Hearing 09/28/17.

Court will sign submitted order, appearance not required.

 

2200888 ESTATE OF RAYMOND L. BROWN

Petition for Letters of Administration recommended for approval continued from 03/02/17.

  • No written objection on file.

Recommend Inventory Review Hearing 09/28/17.

Court will sign the submitted order, appearance not required.

 

2200904 ESTATE OF JOSE MARIO RAMIREZ, SR.

Petition for Letters of Administration continued from 03/14/17.

No documents filed since prior hearing.  Prior notes remain:

  • Item 1 of petition omits name of The Modesto Bee as decedent was a residence of the City of Modesto not Ceres.
  • Item 5a(3) or (4) of petition omitted.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 4 of Waivers of Bond by Heir signed by petitioner’s siblings not completed.
  • Need Proof of Publication.

Appearance by counsel mandatory.

 

FRIDAY, MARCH 31, 2017

Court Holiday – Cesar Chavez Day

 

MONDAY, APRIL 3, 2017

 

2200347 ESTATE OF HERB ERT SHERROW

First and Final Report and Petition for Final Distribution on Waiver of Account.

Court file review not yet complete.  Please recheck website.

 

2200437 ESTATE OF PHILIP K. HORD

First and Final Report and Petition for Final Distribution on Waiver of Account.

Court file review not yet complete.  Please recheck website.

 

2200666 ESTATE OF CHRISTOPHER J. WADE

Inventory Review Hearing.

First and Final Report and Petition for Final Distribution on Waiver of Account.

Court file review not yet complete.  Please recheck website.

 

2200672 ESTATE OF ADRIENNE LOUISE RAY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Account Review Hearing 10/03/17.

Appearance by counsel not required.

 

2200673 ESTATE OF MARIA MADEALENA GENTRY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/03/17.

Appearance by counsel not required.

 

2200907 ESTATE OF BOBBIE RUTH ORIQUE

Petition for Letters of Administration continued from 03/13/17 filed by attorney Gandelman.

  • Item 3c of petition omits county.
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.

Objection on file.

Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

Competing Petition for Probate of Will and for Letters of Administration with Will Annexed filed by attorney Edington.

  • May require bond as Will does not waive bond for administrator.
  • Item 5a(7) or (8) of petition omitted.

Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200921 ESTATE OF CARLA E. COUTO

Petition for Probate of Will and for Letters Testamentary.

  • Need Proof of Subscribing Witness as attestation clause refers to George Manuel Couto instead of Carla Elizabeth Couto in last sentence on page 3 of Will.
  • Item 3g(1)(d) of petition omitted.
  • Item 8 omits information re trustee and trust beneficiaries.
    Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200935 ESTATE OF HARVEY W. ROSE JR.

Petition for Probate of Will and for Letters Testamentary.

  • Mandatory Judicial Council Form DE-111 Petition for Probate was revised as of January 1, 2017 (next time this will be a fatal defect).
  • Item 5a(7) or (8) of petition omitted.
  • Item 8 of petition does not list all names exactly as they appear in the Will.

Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200941 MATTER OF MANUEL M. CADENA

Spousal Property Petition.

  • Need Supplement to Spousal Property Petition.
  • Need revised Order.

Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200942 MATTER OF THE BILLY LLOYD WILLIAMS LIVING TRUST

Petition for an Order to Confirm Assets to Trust.

  • Need Amended Petition for an Order to Confirm Assets to Trust (including real property located in California only).
  • Need copy of Pour-Over Will.
  • Notice of Hearing does not give 30-day notice.
  • Need revised Order.

Need continuance to 05/16/17 to allow time to give 30-day notice.

Appearance by counsel not required.

 

TUESDAY, APRIL 4, 2017

 

445174 MATTER OF CHARLES E. DEATLEY REVOCABLE LIVING TRUST

Related to File No. 445201.

Court Trial continued from 04/29/15, 07/23/15, 10/22/15, 04/20/16, 06/01/16, 10/26/16 and 01/26/17.

Trailing Case No. 445201.

  • Notice of Stay of Proceedings filed 06/29/15.

Appearance by counsel mandatory.

 

445201 ESTATE OF CHARLES E. DEATLEY

Related to File No. 445174.

Court Trial continued from 04/29/15, 07/23/15, 10/22/15, 04/20/16, 06/01/16, 10/26/16 and 01/26/17.

  • Notice of Stay of Proceedings filed 06/29/15.

Appearance by counsel mandatory.

 

445384 ESTATE OF EVELYN McDONALD MYERS

Discharge Review Hearing.

  • No Receipts on file.
  • 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.

 

2200476 ESTATE OF KATIE BELL JORDAN

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.

 

2200477 ESTATE OF MARTIN L. GREENWOOD

Account Review Hearing.

Recommend confirm 04/10/17 hearing on Petition for Final Distribution On Waiver of Account.

Appearance by counsel not required.

 

2200617 ESTATE OF MICHAEL TERRY WAGNER

Inventory Review Hearing continued from 01/26/17.

Letters issued 07/29/16.  Inventory and Appraisal due 11/29/16.

  • Inventory and Appraisal on file not completed properly nor appraised by the probate referee.

Appearance by personal representative (pro per) mandatory.

 

2200686 ESTATE OF ELAINE DEMAKAS

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 04/26/17 hearing on Petition for Final Distribution.
Appearance by counsel not required.

 

2200691 ESTATE OF ROBERT WILLIAM TURNER

Inventory Review Hearing.

  • Letters issued 10/04/16.  Inventory and Appraisal due 02/04/17.
  • No Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by personal representative (pro per) mandatory.

 

2200700 ESTATE OF JUDITH ANN FISHER

First and Final Report and Petition for Final Distribution On Waiver of Account.

Court file review not yet complete.  Please recheck website.

 

2200940 ESTATE OF ALICE J. SORENSEN

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing10/04/17.

Court will sign submitted order, appearance not required.

 

2200943 ESTATE OF MARIA REFUGIO HERNANDEZ

Petition for Letters of Administration With Limited Authority:

  • Item 2b of petition not completed.
  • Need Proof of Publication.
  • Need Order.
  • Need Letters.

Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, APRIL 5, 2017

 

2200174 MATTER OF VERA MARGARETTE HENLINE TRUST

Court Trial.

Appearance by counsel and pro per mandatory.

 

2200192 MATTER OF DOROTHY R. JACKSON AND DONALD D. JACKSON IRREVOCABLE FAMILY TRUST

Status Review Hearing.

Appearances by counsel mandatory.

 

2200203 ESTATE OF LENA HAT

Account Review Hearing continued from 10/05/16 and 02/07/17.

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

Appearance by counsel mandatory.

 

2200467 ESTATE OF JOHN L. COOK

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.

 

2200540 ESTATE OF DON M. McGREW

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

Court file review not yet complete.  Please recheck website.

 

2200610 ESTATE OF ROY ALLEN OTTOBONI

First and Final Report and Petition for Final Distribution on Waiver of Account.

Court file review not yet complete.  Please recheck website.

 

2200667 ESTATE OF ANN CATHERINE VLACH

Inventory Review Hearing.

  • Letters issued 10/05/16.  Inventory and Appraisal due 02/05/17.
  • No Inventory and Appraisal on file.
  • Need Status Report filed immediately with proof of mailing to beneficiaries.

Appearance by counsel mandatory.

 

2200671 MATTER OF LORRAINE VIERRA 2000 TRUST

Petition of Co-Trustee and Beneficiary to Remove Co-Trustee and Appoint Successor Trustee and for Payment of Attorney’s Fees continued from 10/17/16.

Objection on file.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel  and pro per mandatory.

 

2200695 MATTER OF DAVID MICHAEL BROWN

Petition to Determine Succession to Real Property continued from 10/18/16, 11/29/16, 01/10/17, 01/26/17 and 02/09/17.

No documents filed since prior hearings.  Prior notes remain:

  • Item 1 and item 13 refers to personal property which is not listed under attachment 11.
  • Item 10c of petition marked incorrectly.
  • Need copy of Family Tree.
  • Item 13 of petition does not set forth the specific Interest (%) claimed by the petitioner.
  • Need Order with date and signature following text on the last attachment.

Recommend further continuance to 04/05/17 as an amended petition may need to be filed.

Appearance by counsel not required.

 

2200731 ESTATE OF FELIZA AVILA MORENO SANCHEZ

Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 11/21/16.

Court file review not yet complete.  Please recheck website.

 

2200908 ESTATE OF WILSON MORRIS BOYD

Amended Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 10/05/17.

Court will sign submitted order, appearance not required.

 

2200945 ESTATE OF DONALD R. DAVY

Petition for Letters of Administration:

  • Item 1 of petition names Waterford News instead of The Modesto Bee.
  • Item 6 of petition omitted.

Recommend continuance to 04/25/17 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, APRIL 6, 2017

 

41837 MATTER OF WILLIAM DENNIS FAHEY TRUST

Account Review Hearing.

  • No accounting on file.

Appearance by counsel mandatory.

 

444842 MATTER OF RICHARD GHILOTTI SPECIAL NEEDS DISABILITY TRUST

Related to Conservatorship file 220126.

Amended Third and Final Accounting and Report of Administration and Petition for Final Distribution to Department of Health Services of the Amount Remaining Under the Terms of the Trust; and for Termination of the Richard Ghilotti special Needs Disability Trust.

  • Need proof of notice to Department of Health Services.
  • Need Order.

Appearance by trustee (pro per) not required.

 

2200231 ESTATE OF CINDY LOU BROWNLOW

First and Final Report and Petition for Final Distribution continued from 03/01/17.

No documents filed since prior hearings.  Prior notes remain:

  • Petition not verified by personal representative.
  • Need language re Will and appointment of personal representative.
  • Need language re notice to Franchise Tax Board pursuant to PrC§9202(c).
  • Need Notice of Proposed Action filed pursuant to paragraph 8 of petition and pursuant to PrC§LR8.100B.
  • Need language re Interest bearing account pursuant to PrC§1064(a)(5).
  • Need language re Family/affiliate relationship pursuant to PrC§1064(a)(4).
  • Need language re Request for Special Notice.
  • Need compensation base and calculation of statutory fees pursuant to PrC§10800.
    Need itemization of costs of administration including date, payee, payor, explanation, charge, and whether or not reimbursement is requested.
  • Need language re withhold pursuant to LR8.68.
  • No accounting attached to petition pursuant to PrC§1061.
  • Need Notice of Hearing.
  • Need Order.

Appearance by personal representative (pro per) mandatory.

 

2200356 ESTATE OF JUANITA SILL

Second Amended Petition for Probate and for Letters Testamentary.

  • Item 3f(1)(a) of petition omitted.
  • Need Proof of Publication.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200424 ESTATE OF AGNES GULART

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.

 

2200628 ESTATE OF JEAN MARIE KING

Petition for Final Distribution on Waiver of Accounting.

Court file review not yet complete.  Please recheck website.

 

2200681 ESTATE OF JARROD WILLIAM SHARP

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/10/17.

Appearance by counsel not required.

 

2200741 ESTATE OF DONNIE RAY HOLMAN

Petition for Letters of Administration continued from 11/07/16, 11/22/16, 12/22/16 and 02/27/17.

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.

 

2200751 MATTER OF JOSEPH IASAAC & SARA ISAAC 2006 REVOCABLE TRUST

Petition for Order Confirming Trust Assets continued from 11/22/16..

  • Need proof of personal service to Madeline Tarvardi and Roger John Isaac.

Appearance by counsel mandatory.

 

2200924 MATTER OF SUKHJIT GREWAL

Spousal Property Petition continued from 03/16/17.
No documents filed since prior hearing.  Prior notes remain:

  • Item 5a(2) of petition omitted.
  • Need copies of deeds showing current title to real property.
  • Need proof of notice to Department of Health Services.

Appearance by counsel mandatory.

 

2200950 ESTATE OF EVIN YADEGAR

Petition for Letters of Administration.

  • Item 3b of petition omits county.
  • Item 3f(2)(c) of petition omitted.
  • Need Order.
  • Need Letters.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

 

2200951 MATTER OF JOYCE J. ICE

Petition to Determine Succession to Real Property:

Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal as it relates to Item 5b.

Need copy of deed showing current title to real property.

Need proof of notice to Department of Health Services.

Recommend continuance to 04/27/17 to allow time to cure defects.

Appearance by counsel not required.

 

FRIDAY, APRIL 7, 2017

No probate matters scheduled.

Last updated: March 24, 2017 2:56 PM