September 21, 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, SEPTEMBER 20, 2019

 

Department 22

8:30 a.m.

 

2201198 ESTATE OF LOLA ROSE HERRERA-TORREGROZA

Petition for Termination of Further Proceedings and for Discharge of Personal Representative continued from 08/09/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2201342 ESTATE OF ALFRED JOSEPH SPECKENS III

Related Case No. PR18000144.

PrC§12200 Status Report of Administration continued from 05/10/19 and 07/26/19:

  • Objection on file.

Possible Long Cause matter.

Appearance by counsel mandatory.

 

2201447 ESTATE OF JEFFERY ALLEN SMITH

Inventory Review Hearing continued from 10/18/19, 01/24/19, 03/22/19, 05/17/19 and 07/26/19:

Final Inventory and Appraisal on file.

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

Spousal Property Petition:

  • Petitioner should be spouse not administrator.
  • Item 3 of petition omitted.
  • Need Guardian ad Litem for minor children of decedent.
  • Need Notice of Hearing including proof of service to Department of Health Services.
  • Need Order.

Recommend continuance to 11/15/19 to allow time to cure defects.

Appearance by counsel not required.

 

2201480 ESTATE OF JUDY ROBERTA HACKETT

Discharge Review Hearing:

  • Need Receipt on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.

Appearance by counsel mandatory.

 

PR18000404 ESTATE OF JEFFREY R. THOMAS

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.

 

PR18000876 ESTATE OF GLORIA G. TORRES

Inventory Review Hearing.

Final Inventory andf Appraisal on file.

Recommend Account Review Hearing 03/25/20.

Appearance by personal representative (pro per) not required.

 

PR19000141 ESTATE OF RICHARD HENRY CORREIA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 03/25/20.

Appearance by counsel not required.

 

PR19000484 MATTER OF KARL ANTONY KETTNER

Related Case No. PR19000784.

Status Review Hearing continued from 08/22/19:

Recommend continuance to 03/20/20 to coincide with related Case No. PR19000784.

Appearance by counsel not required.

 

PR1900672 ESTATE OF GINA LA RAE BONNICI

Petition for Probate of Lost Will and for Letters Testamentary continued from 08/23/19 recommended for approval.

Recommend Inventory Review Hearing 03/20/20.

Court will sign submitted order, appearance not required.

 

PR19000784 ESTATE OF KARL ANTONY KETTNER

Related Case No. PR19000484.

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

Recommend Inventory Review Hearing 03/20/20.

Court will sign submitted order, appearance not required.

 

PR19000831 MATTER OF SHIVELY TRUST

Petition for Instructions to Trustee to Market and Solicit Offers for Sale of Trust Real Property, or in the Alternative to Distribute Trust Share, to Issue Notice of proposed Action, and to Issue Notice to Pay Rent or Quit to Tenant of Trust Real Property.

Submitted to Judge for determination.

Appearance by counsel mandatory.

 

MONDAY, SEPTEMBER 23, 2019

 

Department 22

3:00 p.m.

 

2201079 MATTER OF THORNTON AND HELEN SNIDER TRUST

Settlement Conference continued from 05/20/19. 06/17/19, 07/22/19 and 08/05/19:

  • Re:  Petition to Confirm Validity of Trust and to Impose Trust filed 06/05/17, and Objection to Distribution of Undetermined Trust Assets filed 05/15/19.

Trustee, Kevin Berger, represented by attorney Lawrence C. Beaver (formerly by Ronald L. Hillberg).

Objector, Carol Blumenstein, pro per 

Appearances mandatory.

 

TUESDAY, SEPTEMBER 24, 2019

 

Department 22

8:30 a.m.

 

2200936 ESTATE OF HARTON BETKALIA

Account Review Hearing continued from 05/01/19 and 08/07/19:

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

Appearance by counsel mandatory.

 

PR19000211 MATTER OF TYLER FAMILY 1999 TRUST

Petition for Order (1) Compelling Kenneth A. Tyler, Trustee, to Account; (2) for Suspension and Removal of Trustee; and Complaint for Breach of Trust continued from 05/10/19 and 07/26/19:

  • Response on file.
  • Accounting on file.

  • Need explanations for disbursements.

Appearance by counsel mandatory.

 

PR19000450 MATTER OF FERN ALICE GUTHRIE

Petition to Determine Succession to Real Property continued from 06/18/19 AND 08/13/19.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000631 ESTATE OF MARLON SAMUEL SIMON

Petition for Probate of Will and for Letters Testamentary continued from 08/13/19.

No documents filed since prior hearing.  Prior notes remain:

Caption inappropriately marks box for Letters of Administration.

Caption omits request for Authorization to Administer Under the Independent Administration of Estates Act.

Item 1 of petition omitted.

Item 3c of petition omitted.

Item 3f(2) of petition not completed as Will self-proving.

Item 3g(2)(a) and (c) of petition inappropriately marked.

Item 4 of petition omitted.

Item 5a(3) or (4) of petition omitted.

Item 6 of petition inappropriately marked as there is issue (living children).

Item 8 omits petitioner’s name, relationship and address.

Item 8 omits name of minor’s parent, guardian, etc.

Item 8 of petition does not list all persons named in Will (exactly as their names appear).

Item 8 of petition omits name of trustee(s) and beneficiaries of trust.

Need Duties and Liabilities of Personal Representative.

Need copy of trust.

Need Notice of Petition to Administer Estate with proof of service to all persons named in Item 8 of petition.

Need Proof of Publication.

Need Order (completed).

Need Letters completed correctly with original signature.

Appearance by petitioner (pro per) mandatory.

 

PR19000655 ESTATE OF FRANCIS WILLIAM HELMICK JR.

Petition for Letters of Administration continued from 08/20/19 recommended for approval.

Recommend Inventory Review Hearing 03/24/20.

Court will sign submitted order, appearance not required.

 

PR19000679 ESTATE OF JOAN COULTER GARN

Petition for Probate of Will and for Letters Testamentary continued from 08/20/19 recommended for approval.

Recommend Inventory Review Hearing 03/24/20.

Court will sign submitted court, appearance not required.

 

PR19000817 MATTER OF DONLEY AND KAREN POWELL REVOCABLE TRUST

Petition for Order Determining Trust’s Title to Personal Property:

  • Need Notice of Hearing pursuant to PrC§851(c).
  • Need Order.

Recommend continuance to 11/19/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000834 MATTER OF DIANA L. HEICHEL

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000835 MATTER OF ROBERT JON SILVEY

Spousal Property Petition.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR19000846 ESTATE OF ERNIE PARMLEY

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

Recommend Inventory Review Hearing 03/24/20.

Court will sign submitted order, appearance not required.

 

PR19000849 ESTATE OF DONNA DEJONG

Petition for Letters of Administration recommended for approval with $275,000.00 bond.

Recommend Inventory Review Hearing 03/24/20.

Court will sign submitted order, appearance not required.
  

Department 24

8:30 a.m.

 

PR18000783 ESTATE OF LILLIAN RHODA STICE

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

Recommend Discharge Review Hearing 04/24/20.

Recommend vacate 01/28/20 Account Review Hearing.

Court will sign submitted order, appearance not required. 

 

WEDNESDAY, SEPTEMBER 25, 2019

 

Department 22 

8:30 a.m.

 

2200155 ESTATE OF JASON AARON MOLAND 

Petition for Approval of Sale of Real Property continued from 08/16/19:

  • 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)).  

Appearance by counsel mandatory.

 

2200435 ESTATE OF GURMUKH GILL 

PrC§12200 Status Report of Administration continued from 08/14/19: 

  • Notice of Hearing filed 08/26/19 defective as not given pursuant to PrC§12201. 

Recommend continuance to 11/13/19 to allow time to give proper notice.

Appearance by counsel not required.

 

2200701 ESTATE OF BARBARA JEAN BENJAMIN

Related Case No. PR18000176.

Account Review Hearing.

Recommend confirm 10/08/19 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

2201279 ESTATE OF LILLI ERIKA CUMMINGS 

First and Final Account and Report and Petition for Final Distribution continued from 06/20/19 and 08/14/19 recommended for approval. 

Recommend Discharge Review Hearing 04/24/20. 

Court will sign submitted order, appearance not required.

 

2201321 ESTATE OF PEDRO H. QUINTEROS 

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.

 

2201418 ESTATE OF ANA MARIA LOPEZ 

Report of Sale and Petition for Order Confirming Sale of Real Property located at 401 Bruce Avenue, Modesto (APN:  120-07-22-001) for sales price of $175,000.00 (first overbid $184,250.00) continued from 08/27/19 and Petition for Order Authorizing the Sale of Real Property to Personal Representative.

Submitted to Judge for determination. 

Appearances mandatory.

 

2201425 ESTATE OF THERESA LEE GILL 

PrC§12200 Status Report of Administration continued from 06/26/19 and 08/21/19. 

Recommend continuance to 03/26/20 to allow time to sell real property.

Appearance by petitioner (pro per) not required. 

 

2201463 ESTATE OF JOSEPH ANTHONY SANDOVAL

Inventory Review Hearing continued from 02/15/19, 03/15/19, 05/16/19 and 07/18/19.

No documents filed since prior hearings.  Prior notes remain:

Inventory and Appraisal on file.

  • Need Corrected Final Inventory and Appraisal: 
  • Caption does not mark box for “Partial” or “Final”.
  • Caption does not mark box for “Property Tax Certificate”.
  • Item 4 omitted.
  • Item 5b omitted.
  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201. 

Appearance by counsel mandatory.

 

2201500 ESTATE OF GRACINDA P. FREITAS 

Petition for Final Distribution on Waiver of Account continued from 06/12/19 and 08/07/19 recommended for approval.

Recommend Discharge Review Hearing 04/24/20.

Court will sign submitted order, appearance not required.

 

PR18000054 MATTER OF STEVE RANDALL JR. SPECIAL NEEDS TRUST 

Account Review Hearing.

Recommend confirm 10/24/19 hearing on First Account and Report of Trustee. 

Appearance by counsel not required.

 

PR18000176 ESTATE OF BARBARA JEAN BENJAMIN

Related Case No. 2200701.

Account Review Hearing. 

Recommend confirm 10/08/19 to coincide with related Case No. 2200701 hearing on First and Final Account and Report and Petition for Final Distribution. 

Appearance by counsel not required.

 

PR18000413 ESTATE OF MOYA ARLENE PALMA 

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.

 

PR19000103 ESTATE OF DIANA LYNN CAMPIOTTI 

Inventory Review Hearing. 

  • Letters issued 03/28/19.  Inventory and Appraisal due 07/28/19. 
  • Need Final Inventory and Appraisal. 
  • Need Status Report filed immediately with proof of notice to beneficiaries. 

Appearance by counsel mandatory. 

 

PR19000156 ESTATE OF WILLIAM OLIVER LOFTIS 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

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

Recommend Account Review Hearing 04/01/20 

Appearance by counsel not required.

 

PR19000161 ESTATE OF VIRGINIA RODRIGUEZ YNIGUEZ 

Inventory Review Hearing. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 04/03/20 

Appearance by counsel not required.

 

PR19000629 ESTATE OF SHANNON MARIE BIGLEY 

Petition for Letters of Administration continued from 08/09/19:

Recommend continuance to 11/20/19 as personal representative may now be requesting limited authority without posting bond for out-of-state personal representative. 

Appearance by counsel not required.

 

PR19000800 MATTER OF D. LORRAINE BALTZ LIVING TRUST

Petition for Order Confirming Trust Assets:

  • Need copies of deeds showing current title to real properties.
  • Need Notice of Hearing pursuant to PrC§851(c). 
  • Need Order. 

Recommend continuance to 11/13/19 to allow time to cure defects. 

Appearance by counsel not required.

 

PR19000840 ESTATE OF WILLIE LAWSON 

Petition for Letters of Administration: 

  • Item 1 of petition omits name of newspaper. 
  • Item 3c of petition omits county. 
  • Item 3g(2)(c) of petition omitted. 
  • Notice of Petition to Administer Estate proof of service as: 
  • Item 2 of proof of service omitted. 
  • Item 3b of proof of service omitted. 
  • Item 4a and 4b of proof of service omitted.
  • Need Letters with original signature.

Recommend continuance to 11/13/19 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR19000841 ESTATE OF MAGGIE MAYNARD 

Petition for Letters of Administration: 

Appears that proceeding should be filed in San Joaquin County as decedent was resident of Stockton, California.  Need explanation.

Appearance by counsel mandatory.

 

PR19000852 ESTATE OF NELL IRENE KOCH 

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

Recommend Inventory Review Hearing03/25/20. 

Court will sign submitted order, appearance not required. 

 

PR19000865 ESTATE OF DEBORAH G. NODULSKI 

Petition for Letters of Administration recommended for approval. 

Recommend Inventory Review Hearing 03/25/20. 

Court will sign submitted order, appearance not required.

 

THURSDAY, SEPTEMBER 26, 2019

 

Department 22

8:30 a.m.

 

2201235 DISPUTED CLAIM OF CAMERON DOOLEY

Related Case No. 2201399. 

Status Review Hearing:

  • Need status re Special Needs Trust.

Appearance by trustees (pro per) not required.

 

2201280 ESTATE OF MICHAEL SCOTT LEE

Discharge Review Hearing:

  • Need Receipts on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of service to beneficiaries.

Appearance by counsel mandatory.

 

2201399 MATTER OF CAMERON DOOLEY SPECIAL NEEDS TRUST

Related Case No. 2201235. 

Status Review Hearing:

Recommend continuance to 03/17/20 for status re use of funds withdrawn from blocked account for care of beneficiary.

Appearance by trustees (pro per) not required.

 

PR18000251 ESTATE OF AIMEE CRAWFORD

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.

 

FRIDAY, SEPTEMBER 27, 2019

 

Department 22

8:30 a.m.

 

2201045 ESTATE OF BILLY GLENN COMBS

Discharge Review Hearing:

  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of service to beneficiaries.

Appearance by counsel mandatory.

 

MONDAY, SEPTEMBER 30, 2019

 

Department 22

8:30 p.m.

 

2201170 ESTATE OF SANTOS PEREZ JR.

Settlement Conference.

Appearances mandatory.

 

TUESDAY, OCTOBER 1, 2019

Department 22

8:30 a.m.

 

445058 MATTER OF ERIC PIERCE SPECIAL NEEDS TRUST

Account Review Hearing:

  • Need Fourth Account and Report of Trustee.

Appearance by counsel mandatory.

 

445370 ESTATE OF MARY F. VAUGHN

Account Review Hearing continued from 09/16/17, 09/26/18, 12/12/18, 02/26/19 and 06/26/19:

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

Appearance by counsel mandatory.

 

2200888 ESTATE OF RAYMOND L. BROWN

Account Review Hearing:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory.

 

PR18000059 ESTATE OF DOROTHY L. BYRD

Discharge Review Hearing:

  • Need Receipts on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted for signature.
  • Need Status Report filed immediately with proof of service to beneficiaries.

Appearance by counsel mandatory.

 

WEDNESDAY, OCTOBER 2, 2019

No probate matters are scheduled.

 

THURSDAY, OCTOBER 3, 2019

 

Department 22

8:30 a.m.

 

PR18000472 ESTATE OF EDWARD ARTHUR PEARCE

Inventory Review Hearing continued from 08/20/19.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/25/20.

Appearance by counsel not required.

 

PR18000672 ESTATE OF ANNETTE TALAMANTE

Inventory Review Hearing continued from 08/20/19.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/20/20.

Appearance by counsel not required.

 

FRIDAY, OCTOBER 4, 2019

No probate matters are scheduled.

 

MONDAY, OCTOBER 7, 2019

No probate matters are scheduled.

Last updated: September 19, 2019 12:54 PM