November 22, 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. 

MONDAY, NOVEMBER 25, 2019

 

Department 22

1:30 p.m.

 

PR19001091 MATTER OF MARIA L. COUTO TRUST

Ex Parte Hearing for Order to Freeze Financial Accounts continued from 11/01/19 and 11/04/19.

  • Re:  Residence of Maria L. Couto.

Appearances mandatory.

 

TUESDAY, NOVEMBER 26, 2019

 

Department 22

8:30 a.m.

 

431527 MATTER OF MIRIAM W. MORSE FAMILY TRUST

Account Review Hearing:

  • Need Fifth Account and Report of Successor Trustee.

Appearance by counsel mandatory.

 

445058 MATTER OF ERIC PIERCE SPECIAL NEEDS TRUST

Account Review Hearing continued from 1001/19.

No documents filed since prior hearing.  Prior notes remain:

  • Need Fourth Account and Report of Trustee.

Appearance by counsel mandatory.

 

2200701 ESTATE OF BARBARA JEAN BENJAMIN

Related Case No. PR18000176.

First and Final Account and Report and Petition for Final Distribution continued from 10/08/19:

  • Summary of Account does not begin with date of death values, does not include receipts or loss on sale, does not include Schedule showing loss on sale, etc. (see compensation base for calculating statutory fees).  The accounting needs correction.
  • Need Order.

Recommend continuance to 01/07/20 to allow time to cure defects.

Appearance not required.

 

2200888 ESTATE OF RAYMOND L. BROWN

Account Review Hearing continued from 10/01/19.

Petition for Final Distribution on Waiver of Account:

Need Receipts for $10,000.00 distributions.

Need itemization of costs of administration.

Recommend continuance to 01/07/20 to allow time to cure defects.

Apppearance by counsel not required.

 

2201000 ESTATE OF RICHARD D. SAWYER

Account Review Hearing continued from 04/30/19:

Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

2201258 ESTATE OF HILMA AMALIA GOODEN

Order to Show Cause for failure to appear:

  • Need to determine if objector is going to pursue the objection.

First and Final Account and Report and Petition for Final Distribution continued from 05/01/19, 06/12/19 and 10/08/19:

  • Objection on file.
  • Need status re settlement.

Appearance by counsel mandatory.

 

2201292 ESTATE OF ANA MARIA MARTINEZ

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory.

 

2201429 ESTATE OF MARY A. CUSTER

Account Review Hearing continued from 08/20/19 and 10/08/19.

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel mandatory.

 

PR18000251 ESTATE OF AIMEE CRAWFORD

PrC§12200 Status Report of Administration.

Recommend continuance to 05/21/20 to allow time for repair of sale of real property..

Appearance by counsel not required.

 

PR18000350 ESTATE OF JESSE REYNA

Related Case No. PR18000424.

PrC§12200 Status Report of Administration:

Recommend confirm 12/19/19 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR18000424 MATTER OF REYNA FAMILY REVOCABLE LIVING TRUST

Related Case No. PR18000350.

Status Review Hearing continued from 01/10/19, 04/10/19, 06/12/19, 08/14/19 and 10/10/19:

  • Need status re Notice to Creditors.

Appearance by counsel not required.

 

PR18000439 ESTATE OF RANDY CURTIS NEWTON

Inventory Review Hearing continued from 05/01/19, 08/07/19 and 10/08/19.

No documents filed since prior hearings.  Prior notes remain:

  • Letters issued 11/08/18.  Inventory and Appraisal due 03/08/19.
  • Need Final Inventory and Appraisal.
  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Appearance by counsel mandatory.

 

PR18000479 ESTATE OF SHANNON SCHAUER

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

Recommend Discharge Review Hearing 06/26/20.

Court will sign submitted order, appearance not required..

 

PR18000495 ESTATE OF MARIO MEDINA

Petition for Termination of Proceedings and Discharge continued from 10/10/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000504 ESTATE OF WILLIAM G. BARTHA

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.

 

PR18000726 ESTATE OF MARY REINEKING

Inventory Review Hearing continued from 10/09/19:

Corrected Final Inventory and Appraisal on file.

  • Need Supplemental Inventory and Appraisal for BBVA Checking Account (listed on Declaration filed 10/31/19).

Recommend Account Review Hearing 04/21/20.

Appearance by personal representative (pro per) not required.

 

PR19000206 ESTATE OF DONNIE R. ISAACS

Petition to Enjoin Foreclosure and for Declaratory Relief continued pursuant to Stipulation and Order filed 11/07/19.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

PR19000393 ESTATE OF JOHANNA C. BICK

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 06/02/20.

Appearance by counsel not required.

 

PR19000859 ESTATE OF JOE L. GROSS

Petition for Letters of Administration continued from 10/08/19 recommended for approval.

Recommend Inventory Review Hearing 06/02/20.

Court will sign submitted order, appearance not required.

 

PR19000860 MATTER OF JIMMIE A. WARFIELD

Spousal Property Petition continued from 10/08/19:

  • Item 10 of petition does not list information re all persons named as executors in Will.  Declaration filed 10./07/19 does not list required names and addresses, only refers to other places the info can be found.  Also, this document needs to be verified by petitioner.
  • Need Order.

Recommend continuance to 01 07/20 allow time to cure defects.

Appearance by counsel not required.

 

PR19000862 MATTER OF TODD C. MALDONADO

Petition to Determine Succession to Real Property continued from 10/09/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000868 ESTATE OF WALLACE W. PRAHSER

Petition for Letters of Administration continued from 10/09/19 recommended for approval.

Recommend Inventory Review Hearing 06/02/20.

Court will sign submitted order, appearance not required.

 

PR19001005 MATTER OF JOHN T. BRACELLIS 2018 REVOCABLE TRUST

Petition for Order Determining Trust’s Title to Property:

  • Need Assignment to Trust.
  • Need copy of Pour-Over Will and confirmation lodged with court.
  • Need Notice of Hearing pursuant to PrC§851(c).

Recommend continuance to 01/17/20 to allow time to cure defects.

Appearance by counsel not required.

 

WEDNESDAY, NOVEMBER 27, 2019

 

Department 22

8:30 a.m.

 

444527 ESTATE OF FRANCISCUS NOZ 

PrC§12200 Status Report of Administration: 

Recommend continuance to 08/06/20 to allow time for tax matters to be completed. 

Appearance by counsel not required.

 

2200795 ESTATE OF GIOVANNI PODESTA 

Account Review Hearing continued from 05/29/19.

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

Recommend Discharge Review Hearing 06/26/20.

Court will sign submitted order, appearance not required.

 

2201146 MATTER OF STEPHANIE K. ST. PIERRE SPECIAL NEEDS TRUST 

Petition to Approve Second Account and Report of Trustees, to Decrease Bond, and to Approve Attorney's Fees recommended for approval.

Recommend Account Review Hearing 11/29/21. 

Court will sign submitted order, appearance not required.

 

PR18000306 ESTATE OF ARTHUR EARLE JOHNKE 

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

Court file review not yet complete.  Please recheck website. 

 

PR19000141 ESTATE OF RICHARD HENRY CORREIA 

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

Recommend vacate 03/25/20 Account Review Hearing. 

Court file review not yet complete.  Please recheck website.

 

PR19000384 ESTATE OF LAVONNE J. WINGETT 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 06/09/20. 

Appearance by counsel not required.

 

PR19001035 ESTATE OF KATHLEEN ELEANOR WESLEY 

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

Recommend Inventory Review Hearing 06/10/20. 

Court will sign submitted order, appearance not required.

 

PR19001037 ESTATE OF DAVID DOUGLASS 

Petition for Letters of Administration: 

  • Item 3c of petition omits county. 
  • Item 6b of petition omitted. 
  • Item 6f of petition incorrectly marked. 
  • Need confirmation that item 8 of petition did not omit other siblings (Victor S. Douglas and Ronda T. Sandmeyer). 
  • Need Notice of Petition to Administer Estate with proof of service to all heirs. 
  • Need Order.
  • Need Letters with original signature.

Recommend continuance to 01/08/20 to allow time to cure defects. 

Appearance by counsel not required.

 

PR19001042 ESTATE OF WALTER OTIS HEATH JR.

Petition for Letters of Administration: 

  • Item 5a(2)(b) of petition omitted. 
  • Item 5a(3) or (4) of petition omitted. 
  • Item 6 of petition incorrectly marked as there are living issue. 
  • Item 8 of petition omits date of death for predeceased spouse. 
  • Item 8 of petition omits date of death for predeceased son. 
  • Declaration of Due Diligence does not explain that Danny Heath is deceased as listed on item 8 of petition.  This is confusing. 
  • May require search for living issue to be completed by heir finder. 
  • Item 2 of Duties and Liabilities omits telephone number. 
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 
  • Need Order. 
  • Need Letters with original signature.

Recommend continuance to 01/08/20 to allow time to cure defects. 

Appearance by counsel not required.

 

THURSDAY, NOVEMBER 28, 2019

Court Holiday – Thanksgiving Day

 

FRIDAY, NOVEMBER 29, 2019

Court Holiday – Day after Thanksgiving

 

MONDAY, DECEMBER 2, 2019 

No probate matters scheduled.

Last updated: November 22, 2019 11:18 AM