August 19, 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, AUGUST 21, 2017

 

2200672 ESTATE OF ADRIENNE LOUISE RAY

Petition for Final Distribution on Waiver of Account continued from 07/24/17 recommended for approval.

Recommend Discharge Review Hearing 03/21/18.

Recommend vacate 10/03/17 hearing.

Court will sign submitted order, appearance not required.

 

2201051 ESTTE OF JOYCE LEE GRAVES

Amended Petition for Probate of Lost Will and for Letters Testamentary continued from 07/25/17 recommended for approval.

Recommend Inventory Review Hearing 02/21/18.

Court will sign submitted order, appearance not required.

 

2201100 MATTER OF KAREN L. PICCIUTO 2012 TRUST

Petition to Modify Trusts.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201101 MATTER OF KATHLEEN G. SOUSA 2012 TRUST

Petition to Modify Trusts.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201102 MATTER OF TIMOTHY L. LOVALO 2012 TRUST

Petition to Modify Trusts.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201105 ESTATE OF DAVID MELVEN STOLLMEYER

Amended Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

TUESDAY, AUGUST 22, 2017

 

Department 21

8:30 a.m.

 

112813 ESTATE OF SARAH H. WITHERBY

Status Review Hearing.

  • Need status of distribution of estate property.

Appearance by counsel mandatory.

 

444600 MATTER OF FRANK E. DRULLINGER TRUST

Fourth Account and Report of Successor Trustee and Petition to Settle Account continued from 07/10/17.

Objection on file.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

445085 MATTER OF STEINBECK FAMILY TRUST

Status Review Hearing continued from 06/09/14, 12/30/14, 04/30/15, 07/30/15, 10/14/15, 12/16/15, 02/16/16, 04/19/16, 09/27/16, 01/22/17, 02/15/17, 04/27/1, 05/30/17 and 07/17/17:

  • Need status of settlement agreement.

Appearances by counsel mandatory.

 

445405 ESTATE OF DENNIS B. COSTA

Discharge Review Hearing continued from 05/04/17 and 06/22/17.

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

Recommend continuance to 10/03/17 to cure defects.

Appearance by counsel not required.

 

2200086 ESTTATE OF ROBERTO AGUSTIN ESTRADA REZA

Status Review Hearing continued from 07/13/17.

First and Final Account and Report and Petition for Final Distribution continued from 06/22/17 and 07/13/17.

No documents filed since prior hearing.  Prior notes remain:

  • Need signature notarized on Waiver of Accounting.
  • Need revised Order deleting paragraph 8.

Appearance by counsel mandatory.

 

2200351 ESTATE OF BETTY F. FLETCHER

Account Review Hearing.

Report of Sale and Petition for Order Confirming Sale of Real Property located at 1421 El Vista Avenue, Modesto (APN:  115-007-002-000) for sales price of $200,000.00 (first overbid $210,500.00).

Buyers and their realtor will appear at hearing to waive notice.

Recommend Account Review Hearing 10/31/17.

Appearance by counsel mandatory.

 

2200368 MATTER OF KA KIT SUN REVOCABLE LIVING TRUST

Status Review Hearing.

  • Need status re creditor’s claims.

Appearance by counsel mandatory.

 

2200461 ESTATE OF PAULA HOWEY

Discharge Review Hearing.

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

Recommend continuance to 09/13/17 to allow time to cure defect.

Appearance by counsel not required.

 

2200619 ESTATE OF GWENDOLYN FISKER MAURER

Account Review Hearing.

Recommend confirm 09/22/17 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

2200732 MATTER OF DELPHIA J. HOWARD TRUST

Hearing vacated.

 

2201062 ESTATE OF MARY L. BUSTER

Petition for Probate of Will and for Letters Testamentary continued from 06/26/17 recommended for approval.

Recommend Inventory Review Hearing 02/22/18.

Court will sign the submitted order, appearance not required.

 

2201069 MATTER OF SUSAN PAULETTE HUMFELD

Petition to Determine Succession to Real Property continued from 07/18/17.

No documents filed since prior hearing.  Prior notes remain:

  • Item 10 of petition incorrectly marked as there are living issue (child).
  • Inventory and Appraisal not completed correctly (caption, items 3, 4 and 5).
  • Need copy of deed showing current title.
  • Need proof of notice to Department of Health Services.
  • Need Order.

Appearance by counsel mandatory.

 

2201074 ESTATE OF JUDY FRANCES MALONE

Petition for Letters of Administration continued from 07/11/17 recommended for approval.

Recommend Inventory Review Hearing 02/22/18.

Court will sign the submitted order, appearance not required.

 

2201079 MATTER OF THORNTON AND HELEN SNIDER TRUST

Petition to Confirm Validity of Trust and to Impose Trust continued from 07/18/17.

Submitted to Judge for determination.

  • Need Order.

Appearance by counsel mandatory.

 

2201116 ESTATE OF MARJORIE E. ZUMWALT

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

Recommend Inventory Review Hearing 02/22/18.

Court will sign submitted order, appearance not required.

 

2201117 MATTER OF CINDA L. GILBERT

Petition to Determine Succession to Real Property:

  • Need copy of deed showing current title.
  • Need proof of notice to Department of Health Services.

Recommend continuance to 09/13/17 to allow time to cure defect.

Appearance by counsel not required.

 

Department 22

8:30 a.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Law and Motion Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

Wednesday, August 23, 2017

 

Department 21

8:30 a.m.

 

445310 MATTER OF TENAYA STRAND SPECIAL NEEDS TRUST

Account Review Hearing.

  • No accounting on file.

Appearance by counsel mandatory.

 

445473 ESTATE OF PATRICIA SMITH SUNDE

First and Final Account and Report and Petition for Final Distribution continued from 06/08/17, 06/29/17 and 07/20/17 recommended for approval.

Recommend Discharge Review Hearing 03/23/18.

Court will sign submitted order, appearance not required.

 

2200187 ESTATE OF MICHAEL McBRIDE

Account Review Hearing.

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

Recommend Discharge Review Hearing 03/23/18.

Court will sign submitted order, appearance not required.

 

2200565 ESTATE OF MARIA LOPEZ SANDOVAL

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 04/04/18.

Appearance by counsel not required.

 

2200593 ESTATE OF DEWAYNE FRANCIS TITUS III

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

Recommend Discharge Review Hearing 03/23/18.

Court will sign submitted order, appearance not required.

 

2200623 MATTER OF ERICH HOFMANN TESTAMENTARY TRUST

Motion to Strike Petitioners’ Amended Petition for Order in its Entirety.

Objection on file.

Submitted to Judge for determination.

 

2201049 MATTER OF EARLINE M. COLEMAN

Petition to Determine Succession to Real Property continued from 06/14/17 and 07/06/17.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2201114 ESTATE OF DOUGLAS ALLAN MUTOZA

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

Recommend Inventory Review Hearing 02/23/18.

Court will sign submitted order, appearance not required.

 

2201115 ESTATE OF BELINDA LOUISE GONZALEZ

Petition for Letters of Administration recommended for approval (may require bond for out-of-state personal reprentative).

Need new Letters of Administration.

Recommend Inventory Review Hearing 02/23/18.

Court will sign submitted order, appearance not required.

 

2201120 MATTER OF ROGER AND MARY McELROY TRUST

Petition for Order Confirming Successor Trustee and Trust Assets.

Recommend continuance to 10/05/17 as requested by attorney to allow time for completion and filing of Supplement to petition.

Appearance by counsel not required.

 

Department 22

8:30 a.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Order for Appearance and Examination of McCormick Barstow.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

Department 24

8:30 a.m.

 

444451 MATTER OF TRUST ESTATE OF ELAINE LONG

Motion for Order Vacating Court’s Order for Assessment of Costs to Evelyn Halbert.

Submitted to Judge for determination.

 

THURSDAY, AUGUST 24, 2017

 

385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST

Third Account and Report of Trustee and Petition for its Approval and Settlement continued from 06/08/17 recommended for approval.

Recommend Account Review Hearing 06/04/19.

Court will sign submitted order, appearance not required.

 

2200173 ESTATE OF NANCY A. HICKEY

Hearing vacated.

 

2200258 MATTER OF TRUST OF NICOLL AND EDITH GAILBRATH

Petition for Order Establishing Bond, for Order Blocking Securities Account, and for Order Blocking Sale of Real Property Without Notice to the Beneficiaries.

  • 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).

Objections on file.

Possible Long Cause Matter.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

2200543 ESTATE OF DONALD W. HARMON

Petition for Final Distribution on Waiver of Account:

  • Waivers of Accounting signatures need to be notarized pursuant to LR8.69.
  • Caption of Petition and Order inadequate as documents do not make distribution to trust pursuant to LR8.83L.
  • Need copy of closing statement for sale of real property.
  • Need itemization of costs of administration pursuant to LR8.83K whether waived or not.
  • Need calculation of statutory commissions whether waived or not.
  • Need language re $5.000 withhold pursuant to LR8.68.
  • Need language re request for special notice.
  • Need Order with revised caption and including language re $5,000 withhold.

Recommend continuance to 10/12/17 to allow time to cure defects.

Appearance by personal representative (pro per) not required.

 

2200611 ESTATE OF ALFREDO DEFARIA PEREIRA

Account Review Hearing.

Recommend continuance 10/12/17 to allow time for completion and filing of Petition for Final Distribution.

Appearance by counsel not required.

 

2200696 ESTATE OF CARLA RENEE ARMSTRONG

Inventory Review Hearing continued from 04/13/17, 05/16/17 and 06/20/17.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/18/17.

Appearance by personal representative (pro per) not required.

 

2200913 ESTATE OF EURISA INEZ MARGARITE

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

Recommend Discharge Review Hearing 03/23/18.

Recommend vacate 09/14/17 hearing.

Court will sign submitted order, appearance not required.

 

2200914 ESTATE OF THOMAS ROUNDTREE, JR.

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

Objection on file.

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

Recommend continuance to 10/25/17 to coincide with competing Amended Petition of Lost Will and for Letters Testamentary filed by attorney Eurik O’Bryant and Court Trial.

Appearance by counsel not required.

 

2200968 ESTATE OF ALLEN DEAN JONES

Petition for Probate of Will and for Letters Testamentary continued from 04/25/17 and 06/22/17 filed by attorneys Colleen F. Van Egmond and Richard D. Moths.

Recommend continuance to 09/08/17 to coincide with competing Petition for Probate of Will and for Letters Testamentary filed by attorney Paul Echols.

Appearance by counsel not required.

 

2201119 ESTATE OF JOHN YNIGUEZ GARCIA

Petition for Letters of Administration:

  • Item 1 of petition gives incorrect name of newspaper (should be Modesto Bee or Turlock Journal).
  • Item 2d(1), (2) or (3) of petition omitted.
  • Item 3g(2)(a) of petition omitted.
  • Item 5a(3) or (4) of petition omitted.
  • Item 8 of petition omits relationships.
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Item 1 of Notice of Petition to Administer Estate omits last name of decedent.
  • Item 4a of Notice of Petition to Administer Estate Proof of Service by Mail omitted (cured by Proof of Service (form DE POS-030).
  • Notice of Hearing (form DE-120) not required when filing initial petition for probate.

Recommend continuance to 10/06/17 to allow time to cure defects.

Appearance by counsel not required.

 

FRIDAY, AUGUST 25, 2017

No probate matters scheduled.

Last updated: August 18, 2017 3:32 PM