May 8, 2021

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Probate Notes
  •    Questions regarding fees, forms or status of orders should be directed to the Probate Unit of The Superior Court of California, County of Stanislaus Clerk's Office at 209-530-3100 opt 6/opt 4 between the hours of 8:15 a.m. -  3:00 p.m., Monday - Friday.

Probate Examiner, Nina Wendt, may be reached at nina.wendt@stanct.org.  Telephone calls can be directed to the Probate Unit as set forth above.

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 must 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 on the Fourth floor.

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, MAY 10, 2021

Department 8

1:30 p.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Court’s Motion to Dismiss and Status Review Hearing continued from 03/09/21 and 04/29/21:

  • Need status re this matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

TUESDAY, MAY 11, 2021

Department 21

8:30 a.m.

 

PR-19-000042 MATTER OF THE HILLIS FAMILY TRUST

Court’s Motion to Dismiss.

Appearances not required.

 

Department 22

8:30 a.m.

 

2201147 MATTER OF DAVID LEE AMESQUITA II SPECIAL NEEDS TRUST

Account Review Hearing continued from 03/3021.

Recommend confirm 07/29/21 hearing on Second Account and Report of Trustee.

Appearance by counsel not required.

 

PR-18-000314 ESTATE OF DIANE FRANCIS BELLO

Account Review Hearing.

Recommend confirm 10/21/21 Inventory Review Hearing.

Appearance by counsel not required.

 

PR-18-000215 ESTATE OF MARIA TORRES

Discharge Review Hearing continued from 03/02/21 and 04/14/21.

No documents filed since prior hearing.  Prior notes remain:

  • Need Receipts on Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted to Judge for signature.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-000313 ESTATE OF CARMEN E. RUBIO

PrC§12200 Status Report of Administration continued from 10/15/20:

Recommend confirm 08/04/21 hearing on PrC§12200 Petition and Status Report of Administration.

Appearance by counsel not required.

 

PR-19-000613 ESTATE OF LORRAINE M. FADDA

Discharge Review Hearing:

  • Need Ex Parte Petition for Final Discharge and Order submitted to Judge for signature.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-000688 MATTER OF LOIS M. RICE REVOCABLE TRUST

Petition to Compel Account and Report and Distribution of Trust Assets continued from 08/21/19, 12/04/19, 02/04/20, 04/21/20, 07/02/20, 10/01/20, 12/10/20, 02/25/21 and 03/25/21:

  • Response including accounting for period from February 23, 2017, through February 28, 2019, on file.
  • Need status re settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000131 ESTATE OF BRETT JAMES ROLLINS

Related Case No. 2028278.

Account Review Hearing continued from 03/11/21:

First Account and Report of the Administrator (Pr§12200 Status Report of Administration.

Recommend continuance to 03/15/22 to allow time for litigation over real property to be completed.

Appearance by counsel not required.

 

PR-20-000191 ESTATE OF JORGE ERNESTO PALACIOS

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

Recommend Discharge Review Hearing 11/10/21.

Recommend vacate 08/10/21 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

PR-20-000735 ESTATE OF KATHERINE MIYONO CLINE

Inventory Review Hearing.

Final inventory and Appraisal on file.

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

Recommend Discharge Review Hearing 11/10/21.

Court will sign submitted order, appearance not required.

 

PR-20-000813 ESTATE OF PAULINE A. CREECH

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 11/10/21.

Appearance by counsel not required. 

 

PR-20-000816 MATTER OF ALFREDO AND EVA CONSENTINO TRUST

Petition to 1) Compel Trustee to Account and Report, 2) Remove Trustee and Appoint Successor Trustee, 3) For Return of Trust Property, 4) For Return of Missing Assets of the Trust, and (5) For Surcharge Against Trustee for Breach of Contract, Self-Dealing and Unpaid Rent continued from 12/29/20, 02/24/21 and 03/30/21:

  • Objection on file

Possible Long Cause Matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000860 ESTATE OF RICHARD EDWARD BROOKE

Petition for Probate and for Letters of Administration with Will Annexed continued from 03/09/21 and 03/30/21 recommended for approval.

Recommend Inventory Review Hearing 11/10/21.

Court will sign submitted order, appearance not required.

 

PR-20-000879 ESTATE OF MIGUEL AVILA SR.

Inventory Review Hearing:

  • Letters issued 11/13/20.  Inventory and Appraisal due 03/13/21.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000881 ESTATE OF DORIS JEAN FERRELL PAUL

Second Amended Petition for Probate of Will and for Letters Testamentary continued from 04/13/21.

No documents filed since prior hearing.  Prior notes remain:

  • Need Proof of Publication on Amended Petition (Second).
  • Need explanation as to how all three petitions filed signed on the same date.

Appearance by petitioner (pro per) mandatory (by VCourt if preferred).

 

PR-20-001167 ESTATE OF DAVID VERA

Petition for Letters of Administration continued from 02/11/21, 03/04/21 and 03/25/21 recommended for approval.

Recommend Inventory Review Hearing 11/10/21.

Court will sign submitted order, appearance not required.

 

PR-21-000218 MATTER OF MARVIN R. STEWART TRUST

Petition for Order Confirming Trust Assets:

  • Need Notice of Hearing (mandatory form DE-115).

Recommend continued to 07/13/21 to allow time to cure defect and give proper notice.

Appearance by counsel not required.

 

PR-21-000222 ESTATE OF CURTIS CLIFFORD LITTLE

Petition for Letters of Administration:

  • Box in caption for Letters of Administration omitted.
  • Item 1 of petition omits name of newspaper (The Modesto Bee).
  • Item 3c of petition omits county.
  • Need Waivers of Bond signed by Heirs (mandatory judicial form).
  • Item 3g(2)(c) of petition omitted.
  • Need explanation as to why item 3h(2) of petition completed with Las Vegas address for petitioner when address is shown as California in other places in the petition.
  • Need Duties and Liabilities of Personal Representative with correct addresses and telephone numbers signed by both petitioners.
  • Need Notice of Petition to Administer Estate (mandatory judicial form).
  • Need Proof of Publication.
  • Need Letters with original signatures on single page.

Recommend continued to 06/01/21 to allow time to cure defect and give proper notice.

Appearance by counsel not required.

 

PR-21-000223 MATTER OF MARLENE R. THOMPSON FAMILY TRUST

Petition to Compel Trustee to Account, and to Remove Trustee and Appoint Successor Trustee.

Submitted to Judge for determination.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-21-000224 ESTATE OF PATRICIA A. MISHOE

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

Recommend Inventory Review Hearing 11/10/21.

Court will sign submitted order, appearance not required.

 

PR-21-000227 ESTATE OF KENNETH DAVID RAIRDEN

Petition for Probate of Will and for Letters Testamentary:

  • Item 8 of petition does not list all names in the Will and not exactly as they appear.
  • Need proof of notice to Kenneth D. Rairden Jr.

Recommend continuance to 06/02/21 to allow time to cure defects.

Appearance by counsel not required.

 

PR-21-000240 ESTATE OFTERRY LEE CAMPBELL SR.

Petition for Probate of Will and for Letters Testamentary:

  • Need Waivers of Bond by Beneficiaries or minimum bond of $20,000 for out-of-state personal representatives.
  • Need Proof of Subscribing Witness as Will not self-proving.
  • Need Proof of Publication.

Recommend continuance to 06/02/21 to allow time to cure defects.

Appearance by counsel not required.

Special Letters expired.

 

9:30 a.m.

 

41837 MATTER OF WILLIAM DENNIS FAHEY TRUST

Court Trial.

Appearances mandatory.

 

PR-20-001129 ESTATE OF STACEY LEIGH CARLSON

Related Case No. PR-21-000074 (competing petition).

Court Trial continued from 05/04/21.

Appearances mandatory.

 

PR-21-000074 ESTATE OF STACEY CARLSON

Related Case No. PR-20-001129 (competing petition). 

Court Trial continued from 05/04/21.

Appearances mandatory.

 

WEDNESDAY, MAY 12, 2021

Department 22

8:30 a.m.

 

445058 MATTER OF ERIC PIERCE SPECIAL NEEDS TRUST

Fourth Account and Report of Trustee; Petition to Settle Account; to Confirm Trustee Fees; and to Fix and Allow Attorney Fees and Costs continued from 03/09/21 and 04/13/21.

No documents filed since prior hearing.  Prior notes remain:

  • Need itemization of request for attorney’s fees and costs.
  • Need Order.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-18-000645 ESTATE OF MANJEL G. DELEON

Discharge Review Hearing continued from 04/13/21:

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

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-000271 ESTATE OF MARIAN P. HERNANDEZ

PrC§12200 Status Report of Administration:

  • Need Notice of Hearing.

Recommend continuance to 07/27/21 to allow time to prepare and give notice.

Appearance by personal representative (pro per) not required.

 

PR-19-000696 ESTATE OF KATHLEEN L. ECKLE

Discharge Review Hearing:

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

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000104 ESTATE OF KENNETH WAYNE CARPENTER SR.

Petition for Final Distribution on Waiver of Account.

Court file review not yet complete.  Please recheck website.

 

PR-20-000250 ESTATE OF THOMAS BENTON JOHNSON

Petition for Probate of Will and for Letters Testamentary continued from 07/07/20, 08/05/20, 01/07/21 and 04/12/21 recommended for approval upon settlement.

Recommend Inventory Review Hearing 11/10/21.

Court will sign submitted order, appearance not required.

Need Letters.

 

PR-20-000592 MATTER OF JESSE DELGADO 

Amended Spousal Property Petition continued from 01/06/21, 03/10/21 and 04/14/21.

  • Need Notice of Hearing on Amended Spousal Property Petition including Department of Health Services e-filed, not attached to supplemental declaration.
  • Need completed Order.

Appearance by petitioner (pro per) mandatory (by VCourt if preferred).

 

PR-20-000642 ESTATE OF NOELLA MENDOZA SOTO

Related Case No. PR20000661.

Petition for Order to Establish Estate’s Claim of Ownership to Real and Personal Property and for Damages Related to Financial Abuse of a Dependent Adult continued from 10/22/20, 11/12/20, 01/05/21 and 03/09/21.

No documents filed since prior hearing.  Prior notes remain:

  • Need typewritten copy of Exhibit “A”.
  • Need copy of deed showing title prior to transfers set forth in Exhibits “B”, “C” and “D”.
  • Objection on file.

Possible Long Cause matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000661 MATTER OF NOELLA MENDOZA SOTO

Related Case No. PR20000642.

Spousal Property Petition continued from 10/22/20, 11/12/20, 01/05/21 and 03/09/21.

No documents filed since prior hearing.  Prior notes remain:

  • Need Attachment 7.
  • Need typewritten copy of Attachment 4c (no Will admitted to probate).
  • Need copy of deed showing title before transfers to decedent’s mother.
  • Need proof of service to Department of Health Services.
  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000684 MATTER OF HOGAN IRREVOCABLE GRANTOR TRUST

Petition for breach of Trust, Removal of Trustee and Appointment Successor, and Trust Accounting continued from 11/10/20, 01/05/21 and 03/09/21:

  • Need status re settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-21-000233 MATTER OF CAROL J. BURGE TRUST

Petition for Order Confirming Assets and Directing Transfer of Assets:

  • Need Notice of Hearing (mandatory judicial form DE-115).
  • Need Order.

Recommend continuance to 07/13/21 to allow time to cure defects.

Appearance by counsel not required.

 

PR-21-000262 ESTATE OF REGGIE MARCIE ADRIANO

Request for Dismissal on file (matter with fiscal at this time).

 

PR-21-000268 MATTER OF NANNETTE BONZI

Spousal Property Petition:

  • Item 5a(2) lists issue of predeceased, but are not listed under item 9 of petition.
  • Need Attachment 7.
  • Need copy of deed showing current title to real property.
  • Need proof of notice to all persons listed under item 9 of petition and Department of Health Services.

Recommend continuance to 07/13/21 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR-21-000286 ESTATE OF JUDITH AUGUSTA DEROSA

Petition for Probate of Will and for Letters Testamentary:

  • Item 4 of petition omitted.
  • Item 8 omits name and date of death for predeceased spouse.
  • Item 8 of petition does not list all persons named in Will.
  • Item 8 of petition does not list names exactly as they appear in Will.
  • Item 8 lists daughter not included as daughter in Will.  Need explanation.
  • Need Proof of Subscribing Witness as Will not self-proving.
  • Need Notice of Petition to Administer Estate.

Need Proof of Publication.

Recommend continuance to 07/13/21 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, MAY 13, 2021

Department 22

8:30 a.m.

 

2200155 ESTATE OF JASON AARON MOLAND

First and Final Account and Report and Petition for Final Distribution continued from 03/03/21 and 04/13/21.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

2200968 ESTATE OF DEAN ALLEN JONES

Account Review Hearing continued from 06/25/19, 08/20/19, 03/20/20, 05/20/20, 07/29/20, 10/07/20 and 04/13/21.

No documents filed since prior hearing.  Prior notes remain:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration as ordered in 04/12/21 Minute Order.

Appearance by counsel mandatory (by VCourt if preferred).

 

2201099 ESTATE OF LAURA LEIHUALANI SAPP

Discharge Review Hearing continued from 12/03/19, 04/30/20, 07/16/20, 09/03/20, 10/28/21 and 01/14/21.

No documents filed since prior hearings.  Prior notes remain:

  • Need Receipts on Final Distribution.
  • Need Ex Parte Petition for Final Discharge and Order submitted to Judge for signature.

Appearance by counsel mandatory (by VCourt if preferred).

 

2201256 MATTER OF JOSEPH AND CARRIE AMARAL 1995 TRUST

Motion Requesting Order to Remove Trustee, an Order to Appoint New Trustee, and Order to Place Property Back Into Trust and an Order for Attorney’s fees and Costs.

See Tentative Ruling. 

 

2201407 ESTATE OF MICHAEL A. DERUOSI JR 

Account Review Hearing continued from 5/07/19, 09/06/19, 05/15/20, 07/29/20, 10/06/20, 01/12/21, 03/16/21 and 04/20/21.

Recommend confirm 07/20/21 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR-19-000019 ESTATE OF SHARON YONAN

PrC§12200 Status Report of Administration continued from 06/04/20, 12/03/20 and 03/11/21:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-000161 ESTATE OF VIRGINIA RODRIGUEZ YNIGUEZ 

Account Review Hearing continued from 03/10/21 and 04/14/21. 

PrC§12200 Status Report of Administration. 

Recommend continuance to 09/30/21 to allow time for real property to be sold.

Appearance by counsel not required.

 

PR-19-000288 ESTATE OF ROBERT DANIEL HENDERSON 

Order to Show Cause: 

  • Re:  Possible $300.00 sanctions for failure to appear at prior hearing. 

Discharge Review Hearing continued from 12/09/20, 02/25/21 and 04/15/21. 

No documents filed since prior hearing.  Prior notes remain: 

  • Need Receipts on Distribution. 
  • Need Ex Parte Petition for Final Discharge and Order submitted to Judge for signature.

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-000874 ESTATE OF STEVEN D. THREET  

Account Review Hearing continued from 04/20/21.  

No documents filed since prior hearings.  Prior notes remain: 

  • Letters issued 01/03/20.  Inventory and Appraisal due 05/03/20. 
  • Partial No. One Inventory and Appraisal on file. 
  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal. 
  • Need Final Inventory and Appraisal.  
  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration.  

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-000890 ESTATE OOF JACK B. DALY

Account Review Hearing continued from 04/14/21 

No documents filed since prior hearing.  Prior notes remain: 

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration. 

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-19-001042 ESTATE OF WALTER OTIS HEATH JR. 

Petition for Final Distribution on Waiver of Account. 

Court file review not yet complete.  Please recheck website.

 

PR-20-000100 ESTATE OF WILLIAM JAMES SILVA III 

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

Court file review not yet complete.  Please recheck website.

 

PR-20-000468 ESTATE OF LOREN EARL JAMESON 

Petition for Final Distribution on Waiver of Account continued from 04/28/21. 

No documents filed since prior hearing.  Prior notes remain: 

  • Statutory fee calculations incorrect as base should be $325,800 after $22,000 loss.  All numbers following incorrect.  
  • Need revised Order. 

Appearance by counsel mandatory (by VCourt if preferred).

 

PR-20-000503 ESTATE OF STEPHEN BLAKEMORE 

Order to Show Cause: 

  • Re:  Possible $300.00 sanction and dismissal for failure to appear at prior hearing. 

Inventory Review Hearing continued from 02/25/21 and 04/15/21. 

No documents filed since prior hearings.  Prior notes remain: 

  • Letters issued 09/01/20.  Inventory and Appraisal due 01/01/21. 
  • Need Final Inventory and Appraisal. 

Appearance by counsel mandatory and ordered (by VCourt if preferred).

 

PR-20-000936 ESTATE OF RICHARD VELASQUEZ 

Order to Show Cause: 

  • Re:  Possible $300.00 sanction for failure to appear at prior hearing. 

Petition for Letters of Administration continued from 01/05/21, 02/23/21 and 04/13/21. 

No documents filed since prior hearings.  Prior notes remain: 

  • Item 3d of petition not completed. 
  • Item 4 of Waivers of Bond on file omitted. 
  • Need Waivers of Bond from all heirs (including item 4).
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 

Appearance by petitioner (pro per) mandatory and ordered (by VCourt if preferred).

 

PR-21-000083 MATTER OF MURPHY FAMILY REVOCABLE TRUST  

Petition for Order Regarding Disposition of Trust Property continued from 04/20/21. 

No documents filed since prior hearing.  Prior notes remain:  

  • Need Notice of Hearing (mandatory form DE-115). 
  • Need Order.  

Recommend further continuance to 06/30/21 to allow time to cure defects.  

Appearance by counsel not required.

 

PR-21-000225 ESTATE OF JAMES J. WOODS SR. 

  • Petition for Probate of Will and for Letters of Administration With Will Annexed: 
  • Need Waivers of Bond by Beneficiaries or bond in amount of $182,000.00. 
  • Need Proof of Publication. 
  • Need Order. 
  • Need Letters with original signature. 

Recommend continuance to 06/08/21 to allow time to cure defects. 

Appearance by counsel not required.

 

PR-21-000228 ESTATE OF IDA BELLE DANIELS 

Petition for Probate of Will and for Letters Testamentary: 

  • Need Proof of Subscribing Witness as Will not self-proving. 
  • Item 5a(7) of petition states issue of predeceased child.  Need explanation as item 8 shows both daughter and son as living.  Need explanation for grandchildren listed under item 8 of petition. 
  • Item 8 omits trustee(s) and beneficiaries of trust. 
  • Need copy of Trust. 
  • Need proof of service to all beneficiaries of trust.
  • Need Order. 

Recommend continuance to 06/08/21 to allow time to cure defects. 

Appearance by counsel not required.

 

PR-21-000230 ESTATE OF TONY MARTEL ACOSTA JR. 

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

Recommend Inventory Review Hearing 11/10/21. 

Court will sign submitted order, appearance not required.

 

PR-21-000246 ESTATE OF CARLOS M. MOLINA-MARTINEZ 

  • Petition for Letters of Administration: 
  • Box marked in caption of petition for Probate of Will and for Letters of Administration with Will Annexed (no Will attached).  Need explanation. 
  • Item 3e(2) of petition inappropriately marked. 
  • Item 3e(3) of petition omitted. 
  • Item 7 of petition inappropriately marked.
  • Petitioner’s signature on petition not dated. 
  • Waivers of Bond by Heirs signatures not dated. 
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 
  • Need Letters with original signature. 

Recommend continuance to 06/08/21 to allow time to cure defects. 

Appearance by counsel not required.

 

FRIDAY, MAY 14, 2021

No probate matters scheduled.

 

MONDAY, MAY 17, 2021

Department 22

3:00 p.m.

 

2201346 MATTER OF REYNA 2001 TRUST

Cross-Petition for Order Compelling Accounting; Compelling Damages, Surcharge of Fiduciary and Attorney’s Fees and Costs:

  • Supplement to Cross-Petition not on file as ordered in 04/21/21 Minute Order.

Appearances mandatory (by VCourt if preferred).

Last updated: May 07, 2021 11:29 AM