September 18, 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 (option 6/option 4) between the hours of 8:15 a.m. -  3:00 p.m., Monday - Friday.

Probate Examiner, Anne Holsinger, may be reached at Probate.Examiner@stanct.org.  Telephone calls can be directed to the Probate Unit as set forth above. Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. The Probate Examiner can only respond to inquiries regarding the meaning of comments in the notes. Please do not email to notify that documents have been filed, to request a confirmation whether documents have been received, or to request the clearing of notes. No legal or procedural advice may be given by the Probate Examiner in response to your email.

  • It is the goal of the Probate Examiner to have Probate Notes posted five (5) calendar days prior to the hearing.
  • Defects described in the Probate Notes must be corrected prior to approval of the moving papers. 
  • If you are filing documents to cure technical defects, they should be filed NO LATER THAN FIVE COURT DAYS before the hearing. Later-filed documents might not be reviewed prior to the hearing and could result in a continuance of your case.

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.

 

NOTE: Effective July 1, 2021, pursuant to Local Rule 8.04(D) , all communication with the Probate Examiner must be conducted via email, Probate.Examiner@stanct.org . Communication must be limited to the content of Probate Notes.

 

 

 

TUESDAY, SEPTEMBER 21, 2021

Department 5

1:30 p.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Status Conference hearing continued pursuant stipulation from 07/26/2021.

Hearing on Court’s Motion to Dismiss continued pursuant stipulation from 07/26/2021.

Appearances required.

 

 

Department 22

8:30 a.m.

 

2201147 DAVID LEE AMESQUITA, II SPECIAL NEEDS TRUST

Hearing on Second Accounting and report of trustee, for establishment of account period, request for reduction of bond, and for attorney’s fees continued from 07/29/21:

Previous Note remains:

• Proof of mailing notice of hearing to beneficiary of trust does not appear to be on file.

Request to establish next account period as 01/01/2021 to 12/31/2021 appears appropriate.

Current bond is $92,693.00. Request to reduce bond to $60,981.00 corresponds with value of assets on hand and therefore appears appropriate.

Attorney’s fees of $500 appear appropriate.

Recommend continuance to 10/28/2021 to allow time to perfect service.

Appearance required.  (by VCourt if preferred).

 

 

2200802 ESTATE OF NORMAN M. REYNOLDS SR.

Discharge Review Hearing continued from 07/21/21:

Prior notes remain:

• Accounting of retains from Administrator’s counsel not on file.

• Receipts on Distribution for all beneficiaries not on file.

• Accounting of retention from prior counsel not on file. 

Declaration of attorney filed 09/07/21 requests continuance of 90 to 120 days. 

• Proof of service attached to Declaration is untimely.

Recommend continuance to 12/09/21 to allow time for timely notice, status of final distribution.

Appearance not required (by VCourt if preferred).

 

 

PR-19-000868 ESTATE OF WALLACE W. PRAHSER

Discharge Review Hearing continued from 06/02/21 and 07/27/21:

Ex-Parte Petition for Final Discharge and Order has been granted.

Hearing has been vacated.

No appearance required.

 

 

PR-20-000142 ESTATE OF LINDA LOUISE RAWLINS

Account Review Hearing continued from 03/17/21:

• First and Final Account or PrC§12200 Status Report not on file.

• Need report of status of estate.

Appearance required (by VCourt if preferred).

 

 

PR-20-000283 ESTATE OF LEON POWERS

Order to Show Cause issued 07/27/21 to counsel:

Appear and explain why $300 sanctions should not be imposed.

Declaration by counsel filed 08/03/21.

Account Review Hearing continued from 07/27/21:

• First and Final Account or PrC§12200 Status Report not on file.

• Need status of estate.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000284 ESTATE OF STEPHEN BRIAN ZBRUDZEWSKI

Order to Show Cause issued 07/27/21 to counsel:

Appear and explain why $300 sanctions should not be imposed.

Account Review Hearing continued from 07/27/21:

• Hearing set 10/06/21 on PrC§12200 Status Report.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000287 ESTATE OF RAVINDRA KUMAR DASS

Order to Show Cause issued 07/27/21 to counsel:

Appear and explain why $300 sanctions should not be imposed.

Petition for Final Distribution on Waiver of Account continued from 05/18/21 and 07/27/21:

Defects have been cured. Petition recommended for approval.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-000874 ESTATE OF STEVEN D THREET

Order to Show Cause issued 05/13/21 to counsel:

• Continued by Court to coincide with First and Final Accounting hearing 09/21/21.

Account Review Hearing continued from 04/20/21, 05/13/21 and 07/15/21

First and Final Account and Report of Administrator:

• Attorney’s and Administrator’s statutory compensation appears to be lower than what the calculation reflects.

• Report does not address timely notice to the Franchise Tax Board (PrC§9202).

• A proposed Order has not been submitted.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000881 ESTATE OF DORIS JEAN FERRELL PAUL

Third Amended Petition for Probate of Will and for Letters Testamentary continued from 09/01/21:

Prior Notes have been cured. 

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000428 ESTATE OF BOBBY JOE SHELDON

First Amended Petition for Probate of Will and for Letters of Administration with Will Annexed, original Petition continued from 07/21/21:

Proof of subscribing witness is attached to Amended Petition, curing Note re: Will.

•Since the Petition was amended, republication is necessary pursuant to California Rule of Court 7.53(a).

•Notice of the Amended Petition is untimely (purs PrC§1220).

•Proposed Order:

     oItem 2c was omitted (date of Will).

•Proposed Letters:

     oTitle of document is incorrect (Administration with Will Annexed);

     oItem 1a is incorrect; 

     oItem 1b was omitted.

Recommend continuance to 11/24/21 to allow time for timely notice, republication, and to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001046 ESTATE OF SAMNANG LENG

Inventory Review Hearing continued from 07/21/21:

• Final Inventory and Appraisal not on file.

Appearance required (by VCourt if preferred).

 

 

PR-20-000081 MATTER OF FRANK JULIAN SALES REVOCABLE LIVING TRUST

Motion to be Relieved as Counsel

SEE TENTATIVE RULING

 

 

PR-20-000839 ESTATE OF NORMA JEAN HOFMANN

Hearing on Petition for Final Distribution, Report on Waiver of Accounting:

Recommend approval of Petition and Report.

Recommend Discharge Review Hearing 03/07/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000691 ESTATE OF ARTURO JARAMILLO, AKA ARTURO ALVAREZ

Spousal Property Petition:

If no one appears to object, Petition is recommended for approval.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000692 ESTATE OF EDWIN L. BJORNSON

Petition for Probate of Will and for Letters Testamentary:

Prior Notes have been cured. 

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000694 ESTATE OF WILLIAM EUGENE EVERS, AKA WILLIAM E. EVERS, WILLIAM EVERS

Spousal Property Petition:

If no one appears to object, Petition is recommended for approval.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000695 ESTATE OF EDELMIRA AYALA MORENO, AKA EDELMRIA A. MORENO

Petition for Probate of Will and for Letters Testamentary:

• Notice was published in a newspaper other than the one noted in item 1 of the Petition. As the newspaper wherein Notice was published is a newspaper of general circulation for the location of decedent’s residence, the Probate Examiner does not consider the defect fatal.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 03/01/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000705 MATTER OF KOPECKI FAMILY TRUST

Petition for Order Confirming Trust Assets [PrC§850(a)(3)]:

If no one appears to object, Petition is recommended for approval.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000903 ESTATE OF XIAOBAO ZHANG, AKA XIAOBO ZHANG-COOK

Petition for Letters of Administration:

Published Notice requested admission of wills when Petition indicated Decedent died intestate. Costs for republication are not reimbursable.

Recommend continuance to 12/09/21 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000907 ESTATE OF JOHN C. FOSTER

Petition for Letters of Administration:

Prior Notes have been cured. 

Recommend approval of Petition.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

Department 22

9:30 a.m.

 

PR-20-000500 MATTER OF DOROTHY D. LASSWELL TRUST

Court Trial

Appearances mandatory.

 

 

 

WEDNESDAY, SEPTEMBER 22, 2021

Department 24

8:30 a.m.

 

PR-20-001134 MATTER OF GEORGE T MORRISON JR. REVOCABLE SURVIVOR’S TRUST

Related Case Nos. 445288 and PR-19-000546

Per Minute Order 07/22/21, this matter to trail 445288 in Department 22.

Status Conference re: Petition to Remove Successor Trustee. Compel an Accounting and Appoint New Successor Trustee [PrC§§ 17200, 15642(b)] continued from 03/17/21 and 04/21/21:

Objection filed.

•Minute Order of 4/21/21 directed an Accounting to be filed no later than 06/21/21; Accounting filed 04/14/21 in related case 445288.  

Possible long cause matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-000546 MATTER OF SHIRLEY A. MORRISON IRREVOCABLE FAMILY TRUST

Related Case Nos. 445288 and PR-20-001134 

Per Minute Order 07/22/21, this matter to trail 445288 in Department 22.

Petition to Compel Transfer of Property Belonging to Trustee continued from 11/22/19, 02/27/20, 04/16/20, 06/19/20, 07/23/20, 10/22/20, 02/11/21, 04/14/21, 06/16/21 and 08/19/21:

Objection on file.

Response and Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory (by VCourt if preferred). 

 

 

Department 22

8:30 a.m.

 

2201447 ESTATE OF JEFFERY ALLEN SMITH

Account Review Hearing continued from 11/17/20, 02/11/21, 05/20/21, and 07/21/21:

At time of review, no documents filed since prior hearing. Prior notes remain:

•Petition for Final Distribution, or PrC§12200 Status Report of Administration, or Petition for Termination of Proceedings and Discharge of Personal Representative not on file.

•Per prior Minute Order of 05/20/21, Petitioner was to file Petition to Terminate.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000344 ESTATE OF RUDOLPH REYES

Hearing on Petition for Probate and Letters of Administration continued from 07/07/21:

Previous Notes have been cured. Recommend approval of Petition.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000464 MATTER OF ALEJANDRO M. AND DORA H. PEREZ REVOCABLE LIVING TRUST AGREEMENT

Petition to Determine Validity of Purported Trust Amendment; Suspend and Remove Co-Trustees and Appointment of Successor Trustee; For Other Relief for Breach of Trust; For an Accounting; For Instructions (PrC§§15642, 16420, 17200) continued from 07/20/21:

No proof of service on file for any of the six (6) Declarations on file from Petitioner

File mark dates 05/17/21, 05/28/21, 07/13/21, 07/19/21, 09/01/21, 09/01/21.

The Declarations cannot be considered by the Court without proper notice.

Opposition filed.

Possible long cause matter.

Appearance required (by VCourt if preferred).

 

 

445288 MATTER OF THE GEORGE T. MORRISON JR. REVOCABLE SURVIVOR’S TRUST

Related Case Nos. 445288 and PR-20-001134 and PR-19-000546

Per Minute Orders in related cases, this matter to be heard first and other cases will trail in Department 24.

First Account and Report of Successor Trustee Donald E. Fischer continued from 07/20/21:

Opposition filed.

Request that the Court take judicial notice of related case PR-20-001134 filed by Objectors.

Possible long cause matter.

Appearance required (by VCourt if preferred).

 

 

PR-20-000927 ESTATE OF JUDY MAE CRANDALL

Hearing on Petition for Waiver of Account continued from 08/26/21:

Recommend approval of Petition. Recommend Discharge Review Hearing 03/23/2022.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-19-000655 ESTATE OF FRANCIS WILLIAM HELMICK JR.

Related Case No. PR 19000694, Estate of Kerr.

Hearing on PrC§12200 Status Report of Administration:

Notice of Hearing not on file.

Recommend continuance of PrC§12200 Status Report to 12/14/2021 to allow time for notice to be provided, and a proof of service to be filed.

Appearance by Administrators (self-represented) not required (by VCourt if preferred).

 

 

PR-19-000694 EST ATE OF MARGARET MAY KERR

Related Case No. PR19000655, Estate of Helmick.

Hearing on PrC§12200 Status Report of Administration:

Notice of Hearing not on file.

Recommend continuance of PrC§12200 Status Report to 12/14/2021 to allow time for notice to be provided, and a proof of service to be filed.

Appearance by Administrators (self-represented) not required (by VCourt if preferred).

 

 

PR-20-000513 ESTATE OF SUSAN KAY HOLZINGER aka SUSAN K. HOLZINGER

Hearing on First and Final Report on Waiver of Account and Petition for Final Distribution:

Recommend approval of Petition.

Recommend Discharge Review Hearing 03/23/2022.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000686 ESTATE OF JEFFREY DEWAIN ROY

Petition for Final Distribution and First and Final Report of Executor recommended for approval.

Recommend vacate Account Review Hearing 12/07/21.

Recommend Discharge Review Hearing 03/23/2022.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000696 ESTATE OF NANCY KOTLAREK

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

Prior Notes have been cured.

“Declaration re Execution of Will” filed 09/13/21 contains Petitioner’s declaration re: decedent’s handwriting.

•Matter of proving up Will in absence of proof of subscribing witnesses submitted to Judge for determination.

Appearance required (by VCourt if preferred).

 

 

PR-21-000697 ESTATE OF ROBERT CARY DAVIS, JR

Petition for Letters of Administration recommended for approval.

Proposed Order Item 5 does not match Petition (regarding bond). 

• Need new Order.

Bond of $220,000 appears appropriate.

Recommend Inventory Review Hearing 03/03/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000700 ESTATE OF DANA LYNN McMANUS

Petition for Letters of Administration:

Published notice includes request to admit Wills and codicils when Decedent died intestate. Costs for republication are not reimbursable. 

Recommend continuance to 10/14/21 to allow time for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000702 ESTATE OF DESSIE V. YOUNG AKA DESSIE WELDON

Petition for Letters of Administration:

Prior Notes have been cured.

Recommend approval of Petition.

Bond of $200,000 appears appropriate.

• Proposed Letters not yet submitted.

Recommend Inventory Review Hearing 03/01/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000715 THE MATTER OF THE G. & Y. DOO 2006 TRUST

Petition to Distribute Trust Assets and to Surcharge Trustee (PrC§§17200, 16420):

Prior Notes cured.

No other technical defects.

Matter submitted to Judge.

•Proposed Order not submitted at time of review.

Appearance required (by VCourt if preferred).

 

 

PR-21-000910 ESTATE OF MIRACLE WILSON

Petition for Letters of Administration:

•Item 2b was omitted (name of proposed administrator)

•Item 5a(2)(a) or (b) omitted (“no spouse as follows”)

Published notice did not include the date of the hearing. Costs for republication are not reimbursable.

Recommend continuance to 12/09/21 to allow time to cure defects and republish.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000916 ESTATE OF JOSE BONIFACIO GARCIA

Spousal Property Petition:

Signature of Petitioner not dated.

Signature of Petitioner’s counsel not dated.

Proof of notice on the Department of Health Services not on file.

Recommend continuance to 11/23/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

 

THURSDAY, SEPTEMBER 23 2021

Department 24

8:30 a.m.

 

2200638 ESTATE OF DARYEL JOSEPH KASINGER

Hearing on First and Final Account continued from 02/06/2020, 02/27/2020, 03/12/2020, 06/11/2020, 08/27/2020, 12/18/2020, 02/02/2021, 05/04/2021 and 08/10/21:

•Amended Petition for Final Distribution or PrC§12200 Status Report not on file at time of review.

Appearance required (by VCourt if preferred).

 

 

Department 22

8:30 a.m.

 

PR-20-001075 ESTATE OF BETTY ANN KELLOGG

Inventory Review Hearing:

Final Inventory & Appraisal on file.

Recommend Account Review Hearing 04/21/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-0001094 ESTATE OF MICHELLE CHRISTINE KING

Inventory Review Hearing:

Final Inventory & Appraisal on file:

•Current bond of $160,000 does not appear to be sufficient.

•Characterization of property omitted from Attachment 1 and Attachment 2.

Appearance required (by VCourt if preferred) to address bond.

 

 

PR-20-001184 ESTATE OF JOHN A. STEIN

Inventory Review Hearing continued from 08/18/21:

Prior Notes for Inventory and Appraisal have been cured.

Hearing on Waiver of Accounting:

•Waivers of Account must be notarized (pursuant to Local Rule 8.69).

•Proposed Order not yet submitted.

Recommend continuance of Final Account Hearing to 11/23/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000020 ESTATE OF FRANK M. YOUNG

Inventory Review Hearing:

Petition to Termination of Proceedings and Discharge (PrC§§12251 et seq):

Notice of Hearing appears complete.

If no one appears to object, recommend approval of Petition.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000095 ESTATE OF KREG E. NELSON

Inventory Review Hearing:

Need Final Inventory & Appraisal.

Recommend continue to 11/23/21 for filing of Inventory and Appraisal.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000116 ESTATE OF EVA B. SOTO

Inventory Review Hearing:

Need Final Inventory & Appraisal.

Recommend continue to 11/30/21 for filing of Inventory and Appraisal.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000119 ESTATE OF GWENDOLYN G. JAMES, AKA GWEN G. JAMES, GWEN JAMES

Inventory Review Hearing:

Final Inventory & Appraisal on file.

Recommend Account Review Hearing 04/21/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000524 ESTATE OF CHRISTOPHER JOEL YONAN

Hearing on Petition for Letters of Administration continued from 08/18/21:

Prior Notes have been cured.

Recommend approval of Petition.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001081 ESTATE OF SUSAN LESLY SWITZER

Hearing on First and Final Report of Administrator:

Recommend approval of Report and Petition.

Recommend Discharge Review Hearing 03/23/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000704 ESTATE OF EZEKIEL C. RODRIGUEZ

Petition to Determine Succession to Real Property:

Copy of deed showing current title was not attached to Petition, or filed separately.

Proof of notice to Department of Health Care Services not on file.

Recommend continuance to 11/23/21 to allow time to cure defects.

Appearance by counsel not required.

 

 

PR-21-000706 ESTATE OF CINDY ALAINE BROWN

Petition for Letters of Administration:

•Item 1 omits the name of the newspaper where Notice is to be published. As the newspaper wherein Notice was published is a newspaper of general circulation for the location of decedent’s residence, the Probate Examiner does not consider the defect fatal.

•Item 5a(7) or (8) omitted (issue of predeceased child).

Recommend continue to 11/23/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000707 ESTATE OF BRENDAN D. WATSON

Petition for Letters of Administration:

•Item 2a omits name of proposed Administrator.

•Petitioner’s signature was not dated.

Published Notice requested admission of wills when Petition indicated Decedent died intestate. Costs for republication are not reimbursable.

Recommend continue to 11/23/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000721 MATTER OF THE CHARITABLE REMAINDER ANNUITY TRUST OF DEAN M HANSON 

Petition for Removal of Trustee; for Delivery of Trust Property; to Compel Accounting; to Prohibit Trustee from Using Trust Funds to Defend this Petition; and for Surcharge of Trustee (PrC§§15644, 17200):

Notice to Attorney General not on file (PrC§19024).

Appearances mandatory (by VCourt if preferred).

 

 

PR-21-000920 ESTATE OF CYNTHIA RENEE SHIPPEE, AKA CYNTHIA R. SHIPPEE

Petition to Determine Succession to Real Property:

If no one appears to object, matter is recommended for approval.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000922 ESTATE OF ENRIQUE RECIO

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 03/03/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000551 ESTATE OF WILLIAM DAVID NAMAHOE

Discharge Review Hearing:

Ex-Parte Petition for Final Discharge received and recommended for approval.

Hearing will be vacated.

No appearance required.

 

 

 

TUESDAY, SEPTEMBER 28, 2021

Department 22

8:30 a.m.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Petition for Final Distribution on Waiver of Account continued from 04/21/20, 07/01/20, 08/26/20, 10/27/20, 12/02/20, 12/23/20, 02/24/21, 04/21/21, 05/26/21 and 07/21/21:

At time of review, nothing filed since the previous hearing. Prior Notes remain:

• Caption of “Petition for Final Distribution” is inadequate PrC§10951, Local Rule 8.83L

• Caption of proposed Order does not match Petition.

• Proposed order describes approximate distributions, does not detail property to be distributed to each beneficiary.

• Proposed order does not list property on hand.

• Proposed order does not address $1,000.00 in reserved funds.

• Receipt of sale of real property omitted.

• Schedule of gains/loss upon sale of property omitted.

• Waivers of Accounting not on file for all heirs.

• No proof of service as to heirs on file for Supplement Declaration filed 05/25/21.

• Distributions have been made without court approval. Receipts on Distribution were not filed and not attached to Petition.

Appearance by Personal Representatives (self-represented litigant) mandatory (by VCourt if preferred).

 

 

PR-18-000082 ESTATE OF STEPHEN F. MILES

Status Review Hearing continued from 04/28/21 and 05/24/21:

• Need status re: signed Order and further administration of estate.

Recommend confirm hearing 10/27/21 on Amended First and Final Account. 

Appearances not required (by VCourt if preferred).

 

 

PR-18-000120 ESTATE OF MARTHA JANE CANDELARIA

1) Status Review Hearing set 05/18/21:

• Need status of administration of estate following appointment of Anthony Johnston as Administrator.

Appearance by court-appointed administrator mandatory (by VCourt if preferred).

2) Order to Show Cause re Contempt, to Compel Compliance with Court Order, and for Other Appropriate Relief issued to Respondent Dalene Candelaria on 07/27/21, continued 08/26/21:

Appearances by Defendant (Dalene Candelaria aka Smith), Public Defender and AID attorney mandatory (by VCourt if preferred).

 

 

PR-19-001037 ESTATE OF DAVID DOUGLASS

Order to Show Cause issued to Administrator and Administrator’s counsel on 08/31/21:

A $300 sanction will be imposed if either fails to appear.

Account Review Hearing continued from 08/31/21:

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

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

 

 

PR-19-000562 JASON A WHITE SPECIAL NEEDS TRUST

Account Review Hearing continued from 07/27/21:

At time of review, nothing filed since the previous hearing. Prior Notes remain:

Order Establishing Special Needs Trust was granted 07/25/2019.

First Account and Report of Trustee not on file.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-000879 ESTATE OF MIGUEL AVILA, SR.

Inventory Review Hearing continued from 05/11/21:

At time of review, nothing filed since the previous hearing. Prior Notes remain:

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

• Need Final Inventory and Appraisal.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-001026 ESTATE OF FEDERICO HERNANDEZ LOPEZ

Inventory Review Hearing continued 07/20/21:

• Supplemental Final Inventory and Appraisal omits :

      o Characterization of real property.

• Need Supplemental Bond in the amount of $38,000.00.

Recommend continue to 12/14/21 to allow time to obtain supplemental bond.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000081 MATTER OF FRANK JULIAN SALES REVOCABLE LIVING TRUST

Account Review Hearing continued from 11/17/20, 01/20/21, 03/03/21, 04/28/21, 05/25/21 and 07/20/21:

Trustee’s Accounting For November 3, 2016 Through March 21, 2021 on file.

• No proof of service on file to beneficiaries of trust.

Petition to: 1. Objection to First Account; 2. Remedy Breach of Trust; and 3. For Order Removing Trustee(s) continued from 03/06/20, 04/22/20, 07/07/20, 07/28/20, 08/18/20, 11/17/20, 01/20/21, 03/03/21 and 04/28/21:

• No written objection on file.

• Need status.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000222 ESTATE OF CURTIS CLIFFORD LITTLE

Petition for Letters of Administration continued from 05/11/21 and 07/27/21:

Waiver of bond was not signed by one heir (mandatory form).

•Bond of $305,000.00 may be required.

•New proposed Letters have a signature date in the future (12-15-21).

Final Inventory and Appraisal on file:

•Attachment reflecting value of real property is mislabeled as Attachment No. 1.

•Attachment omits characterization of decedent’s real property.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000450 ESTATE OF BETTY JO RUSSELL

Petition for Probate of Lost Will and for Letters Testamentary continued from 07/27/21:

Some previous Notes remain:

• Petition for Probate and Petitioner’s Declaration filed 07/27/21 omitted or failed to address the following:

            o Item 8 did not include decedent’s former husband, mentioned in the Will (see Petition Item 8 at bottom of page 3).

• The copy of the Lost Will on file with the Court reflects that the Will appointed Co-Executors, and an alternate Co-Executor if one of the two Co-Executors were unable to serve or declined. Copy of declination from alternate Co-Executor not on file.

• Proof of publication is not on file (Probate Code sections 8121(b); 7052).

Proof of Subscribing Witness on file.

Appearance by Petitioner (self-represented) mandatory (by VCourt if preferred).

 

 

 

PR-21-000456 ESTATE OF JAGROOP SINGH

Related Case PR-21-000882

Petition for Letters of Administration continued from 07/28/21:

• Petition Item 1 omitted the name of the newspaper where Petitioner would be seeking publication of notice of probate.

• Publication indicates request to admit will when Decedent died intestate. (Costs for re-publication are not reimbursable.) 

Objection filed.

Possible Long Cause matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000882 ESTATE OF JAGROOP SINGH

Related Case PR-21-000456

Petition for Letters of Administration (Petitioner nominated by heirs):

Publication indicates request to admit will when Decedent died intestate. Costs for re-publication are not reimbursable.

Proposed Order:

• Header of document omitted authority under the Independent Administration of Estate Act.

Possible Long Cause matter.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000466 ESTATE OF TEODULO SALZAR-URIARTE

Spousal Property Petition continued from 07/28/21:

Prior Notes remain:

It appears decedent had three surviving adult children.   Assignment of interest on file from two of the surviving children.   

Petition requests 100% of decedent’s interest to pass to surviving spouse.

Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

 

PR-21-000517 ESTATE OF RICHARD BENJAMIN LUNA

Hearing on Petition for Probate continued from 08/10/2021:

• Objectors appeared on 08/10/2021 and orally objected.  Judge ordered written objection to be filed and served by 09/10/2021 or all objections would be deemed waived per CRC 7.801.

• No objections on file at time of review, on 09/13/21.

Prior notes:

• No nomination on file at time of review.

• No explanation of priority for appointment provided.

Examiner notes it is more than 30 days since the death of decedent.  Please see Probate Code §8001.

Appearances mandatory (by VCourt if preferred).

 

 

2200435 ESTATE OF GURMUKH GILL

Hearing on PrC§12200 Status Report:

• No proof of service on file at time of review.

• Need status of performance of terms of settlement, per CCP§664.6 Request for Dismissal file marked 06/23/21.

Recommend continuance to 12/14/21 to allow time to cure defects with notice.

Appearance not required (by VCourt if preferred).

 

 

445305 ESTATE OF MARY LOU RAMSEY

Hearing on Petition for Final Distribution and First and Final Account:

• Petition and Report does not appear compliant with Local Rule 8.70 (verified by only one Co-Administrator).

Recommend continuance to 12/14/21 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-19-001289 MATTER OF GLORIA STEAN WILLIAMS LIVING TRUST

Motion to be Relieved as Counsel:

SEE TENTATIVE RULING

 

 

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

Settlement Conference 11/22/21 at 1:30 p.m. in Department 23.

Long cause contested hearing 12/14/21 9:30 a.m. in Department 22.

Hearing on Trustee’s Interim Accounting:

No technical defects.

Appearance by counsel mandatory by VCourt.

 

 

PR-21-000708 ESTATE OF RICHARD NOE QUATTRIN

Petition for Letters of Administration:

• Header of document omitted authority under the Independent Administration of Estate Act.

• Item 1 omitted name of newspaper where notice will be published.

• Item 3 omitted county of decedent’s residence at time of death.

• Item 5a(2)(a) or (b) omitted (divorced or never married, or spouse deceased).

• Item 8 omitted relationship to decedent.

Notice of Petition to Administer Estate (mandatory form DE-121) not on file.

Proof of publication not on file.

Waiver of bond appears appropriate for out-of-state personal representative as Petition indicates Petitioner is the sole beneficiary.

Recommend continuance to 12/14/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000709 ESTATE OF VIRGINIA C. CASTILLO

Probate of Will and for Letters Testamentary:

•Item 1 omitted name of newspaper where notice will be published. As proof of publication is on file, indicating notice was published in newspaper of general circulation where decedent resided, Examiner does not consider this defect fatal.

•Item 3 omitted county of decedent’s residence at time of death. Examiner does not consider this defect fatal.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 03/03/2022.

•Proposed Letters not yet submitted.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000713 ESTATE OF NICOLAS OSCAR KREMER INITIAL LETTERS

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000717 ESTATE OF VICTORIA VALDEZ CARRILLO, AKA VICTORIA CARRILLO

Related Case PR-19-001058, closed Petition for Probate filed by Lucia Carrillo. Hearing on Carrillo’s motion to reopen case on calendar 10/21/21.

Petition for Letters of Administration filed by Eva Duran and Mary Dominguez:

No technical defects.

Objection on file.

Recommend continue to 10/21/21 to coincide with Petition to reopen related case.

Appearances not required (by VCourt if preferred).

 

 

PR-21-000924 ESTATE OF CYNTHIA JOANN CULBRETH

Petition for Letters of Administration:

• Item 5a(7) or (8) omitted (existence of issue of predeceased child).

Notice of Petition to Administer Estate not on file.

Proof of publication not on file.

Proposed Letters not yet submitted.

Recommend continuance to 12/14/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-19-000438 ESTATE OF FRANCISCO ROMO GONZALEZ

Discharge Review Hearing continued from 07/07/21, 07/22/21 and 09/15/21:

Prior Notes:

Receipts on Distribution reflect cash distribution that does not match Order for First and Final Report. This is addressed in the Declaration of Counsel for Personal Representative, filed 09/08/21.

• Supplemental Declaration does not address retains. Need declaration regarding $1,500 retains as a receipt was not provided.

Recommend continuance to 12/15/21 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

 

WEDNESDAY, SEPTEMBER 29, 2021

Department 24

8:30 a.m.

 

2200258 MATTER OF NICOLL AND EDITH GALBRAITH TRUST

Settlement Conference 11/08/21 at 1:30 p.m. Department 23.

Court Trial 02/08/22 at 9:30 a.m. Department 22.

Sixth Account, Report and Petition for Settlement (PrC§§16062, 16063):

Notice of Hearing appears complete.

Recommend continue to 11/08/21 at 1:30 p.m. to coincide with Settlement Conference in Department 23.

Appearance not required (by VCourt if preferred).

 

 

Department 22

8:30 a.m.

 

2201024 ESTATE OF KEVIN D. SILVA 

Petition for Issuance of Citation Requiring Citee Gregory Nauman to Appear and Account for Estate Property continued from 04/08/20, 06/17/20, 10/01/20 and 11/19/20, 01/13/21, 03/04/21, 05/05/21 and 07/28/21:

PrC§12200 Status Report Review continued from 10/01/20, 11/19/20 and 07/28/21:

• Need status of meet and confer.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-19-000536 MATTER OF MARTHA D. HICKMAN FAMILY TRUST

Account Review Hearing continued from 09/12/19, 11/14/19, 02/27/20, 05/07/20, 07/23/20, 10/20/20, 01/12/21, 04/21/21 and 05/19/21:

Petition for Judicial Review of the Account, Acts, and Transactions of Trustee, Linda Sue Ford; Breach of Fiduciary Trust and Duties; Fraud continued from 07/26/19, 09/12/19, 11/14/19, 02/27/20, 05/07/20, 07/23/20, 10/20/20, 01/12/21, 04/21/21 and 07/28/21:

• Amended Objection on file.

Account and Report of Trustees with Supplement to Accounting continued from 07/28/21: 

• No objection on file.

Possible Long Cause Matter.

Need status of meet and confer.

Appearances by counsel and Petitioners (in pro per) mandatory (by VCourt if preferred).

 

 

PR-19-000695 ESTATE OF ROSALINDA ISLAS

Amended Petition for Letters of Administration continued from 05/06/21, 06/08/21 and 08/03/21:

At time of review, nothing filed since previous hearing. Prior notes remain:

Amended Petition:

• Item 1 of omitted name of newspaper.

• Item 3a(2) omitted location of property within this county.

• Item 8 of omitted dates of death for deceased spouse and son.

• A “Family Tree” may be helpful as one child predeceased Decedent and there are multiple grandchildren listed.

• Item 8 omits relationships to decedent.

Notice of Petition to Administer Estate on Amended Petition not on file.

• “Notice of Petition to Administer Estate of Rosalinda Islas 2nd Amended” is not clearly labeled that this document applies to the Amended Petition. If it did, it omits the request re: authority under the IAEA.

Proof of Publication on Amended Petition is on file, but cannot be considered due to the fact Amended Petition #3a(2) was not completed (see Note above).

Proof of notice to foreign consulate not on file.

Proposed Letters: 

• Checkbox in #3 omitted.

• Signature of Co-Administrator Saul Islas in the Affirmation pre-dates his signature on the Amended Petition.

Appearance required (by VCourt if preferred).

 

 

PR-20-001188 MATTER OF J. JESUS RANGEL MACIAS

Spousal Property Petition continued from 02/24/21, 04/14/21. 06/09/21 and 08/04/21:

Need status re: settlement.

No written objection on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000379 ESTATE OF JOSEPH W. CAMERON

Amended Petition for Probate of Will and Letters Testamentary, previously continued from 07/14/2021:

• Item 3c, name of county, omitted.

• A copy of the Will was not attached pursuant to Item 3f(2).

• Item 4 omitted (if Will does not preclude Independent Administration of Estates Act).

Notice of Petition to Administer Estate must be signed by person described on page 2.

Proof of Publication not on file [see California Rule of Court 7.53(a)].

Proposed Letters have not yet been submitted.

May require minimum $20,000.00 bond for out-of-state personal representative.

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

 

 

PR-21-000457 MATTER OF MARVIN A. AND DORIS J. KINCAID TRUST

Petition to 1. Confirm Real Property as a Trust Asset; 2. Remove Trustee; 3. Compel the Trustee to Perform Her Duties; 4. Surcharge the Trustee; and 5. Appoint a Successor Trustee continued from 07/22/21:

Need status of settlement.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000468 ESTATE OF NANCY ANN KEELE 

Petition for Letters of Administration continued from 08/03/21:

Previous Notes have been cured. 

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/01/2022.

Appearance by Petitioner (self-represented litigant) not required (by VCourt if preferred).

 

 

PR-21-000487 ESTATE OF GREGORY ALAN HANTZ

Petition for Letters of Administration continued from 08/04/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Proof of publication not on file.

Signature of Petitioner on form DE-147 Duties and Liabilities was not completely dated.

Petition for Letters:

• Item 2d was omitted (regarding bond).

• Item 3c omitted county of residence.

• Item 3d was not completed (estimated value of estate).

• Item 3e was omitted (regarding bond).

• Item 3f was omitted (intestate or testate).

• Attachment 8 was not included.

• Attorney’s signature omitted.

• Petitioner’s signature not completely dated.

Recommend continuance to 12/15/21 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-18-000549 ESTATE OF DAVID PAUL GILBERTSON

Account Review Hearing continued from 11/03/20, 05/05/21 and 07/28/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Petition for Final Distribution or PrC§12200 Status Report of Administration not on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-18-000726 ESTATE OF MARY REINEKING

Account Review Hearing continued from 07/01/2, 10/14/20, 11/19/20, 01/13/21, 03/24/21 and 07/28/21:

No documents filed since prior hearings.  Prior notes remain:

• The Corrected and Final Inventory and Appraisal filed 10/31/19 did not include the BBVA Checking Account listed on Declaration filed 10/31/19.

• Petition for Final Distribution or PrC§12200 Status Report of Administration not on file. 

Appearance by personal representative (pro per) mandatory (by VCourt if preferred).

 

 

PR-19-001186 ESTATE OF JOAN G. HANSEN

Account Review Hearing continued from 1/12/21, 3/9/21, and 06/30/2021:

Status Report PrC§12200 Hearing continued from 3/9/21 and 06/30/21:

• Need status of meet-and-confer.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000793 ESTATE OF DEBRA JOAN MACHADO

Order to Show Cause issued to Administrator’s counsel on 08/03/21:

Bond must be addressed.

Account Review Hearing:

Final Inventory and Appraisal is on file:

• #7 regarding sufficiency of current bond was not completed.

• Current bond of $350,000.00 appears to be insufficient.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-000949 ESTATE OF WINFRED E. WEBB

First and Final Account and Report and Petition for Final Distribution continued from 02/02/21, 04/27/21 and 08/03/21:

• Minute Order of 04/27/2021 directs filing of an Amended First and Final Account and Report and Petition for Final Distribution.  This pleading not on file at time of review.

• Request for Dismissal was returned 09/15/21 for not being the correct method of termination.

Recommend continuance to 12/09/21 to allow time to file a noticed petition to terminate.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000313 ESTATE OF CARLOS J. PASILLAS

Inventory Review Hearing continued from 06/08/21 and 08/03/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Amended Final Inventory and Appraisal on file:

• It appears the asset was valued after date of death, which would not be correct. (See PrC§8802)

      o The foreclosure which occurred after date of death would be appropriately addressed in the Accounting.

Recommend continuance to 12/15/21 to allow time to correct defect.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001061 ESTATE OF LINDA MAE GARBER

Inventory Review Hearing continued from 07/27/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Inventory and Appraisal not on file.

Recommend continuance to 10/13/21, to coincide with hearing n Petition for Elder Abuse, to allow additional time to submit Inventory and Appraisal.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-19-000412 ESTATE OF BRUCE ALAN WHITACRE

Hearing on PrC§12200 Status Report of Administration:

Notice appears complete.

Recommend an Account Review Hearing on 12/15/21 as requested in Report to allow sufficient time for estate to be in a position to be closed.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000296 ESTATE OF AUDREE LA VONNE GADA

Petition for Letters of Administration (Successor Personal Representative):

• Need explanation - Petitioner is named as an alternate Executor in the Will.

• Item 2b requests Petitioner be appointed Administrator.

• Item 3g addresses appointment of Administrator.

• Item 3g(2)(c) states Petitioner is decedent’s son, but Item 8 describes him as decedent’s step-son.

• Item 3f(2) omitted (regarding Will).

      o Copy of Will was not attached.

Proposed Letters are Letters of Administration, not Letters Testamentary.

Proposed Order not yet submitted.

Recommend continue to 10/28/21, to coincide with Inventory Review Hearing.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000894 ESTATE OF NANCY ANN TIDMARSH

First and Final Account and Report of Status of Administration:

• Report paragraph 2 misstates the date Letters were issued.

• Notice of Proposed Action must be filed, per Local Rule 8.100.

• Paragraph 10 does not state if the accounts were interest bearing accounts.

• Paragraph 33 ($2,000 retains) does not appear compliant with Local Rule 8.68.

      o The proposed Order has the same issue.

•Copies of seller's statement(s) were not attached to the Account and Report.

Recommend vacate Account Review Hearing 01/06/2022.

Recommend continue to 12/15/21 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000718 ESTATE OF CHRISTA GARDNER

Petition for Letters of Administration:

• Item 3g(4) is checked, indicating that this is a successor petition.

      o Explanation is necessary.

Recommend continue to 10/19/21 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000724 ESTATE OF KATHRYN I. EVENSON

Special Letters expire today if not extended.

Petition for Letters of Administration:

Publication indicates request to admit will when Decedent died intestate. (Costs for republication are not reimbursable.) 

May require minimum $20,000.00 bond for out-of-state personal representative.

Recommend continue to 12/09/21 to allow time for republication. 

Recommend extension of Special Letters to 12/09/21.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000727 ESTATE OF GUADALUPE MONTANEZ

Spousal Property Petition:

• Attachment 7 omitted the date of marriage.

• Attachment 7 does not appear to contain sufficient information pursuant to Local Rule 8.98 B 7.

Need proposed Order.

Recommend continue to 12/15/21 to allow time to cure defects. 

Appearance not required (by VCourt if preferred).

 

 

PR-21-000729 ESTATE OF ANTHONY EDWARD NAGY, AKA ANTHONY E. NAGY, ANTHONY E. NAGY, DDS

Petition for Probate of Will and for Letters Testamentary:

Recommend approval of Petition, and admission of Will to probate.

Recommend Inventory Review Hearing 02/24/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000931 ESTATE OF MARIA ELENA PEREZ, AKA MARIA PEREZ

Spousal Property Petition:

• Item 1a was checked, but corresponding 7a was omitted.

      o Attachment labeled 7b would more appropriately be titled 7a.

• Item 1b was not checked, but corresponding 7b was checked.

• Attachment 7 omitted the date of marriage.

Recommend continue to 12/09/21 to allow time to cure defects. 

Appearance not required (by VCourt if preferred).

 

 

 

THURSDAY, SEPTEMBER 30, 2021

Department 22

8:30 a.m.

 

 

PR-19-000161 ESTATE OF VIRGINIA RODRIGUEZ YNIGUEZ

Account Review Hearing continued from 03/10/21 and 04/14/21 and 05/13/21.

PrC§12200 Status Report of Administration continued from 05/13/21.

Need status of probate.

Appearance required (by VCourt if preferred).

 

 

PR-20-000503 ESTATE OF STEPHEN BLAKEMORE

Inventory Review Hearing continued from 02/25/21, 04/15/21, 05/13/21 and 07/15/21:

Final Inventory and Appraisal on file:

• Attachment 1 omitted characterization of assets.

• Attachment 1 omitted last four digits of the financial account number.

• Attachment 2 omitted characterization of assets.

• Attachment 2 omitted complete legal description of real property.

Hearing on Petition for Approval and Payment of Administrative Expenses:

Notice appears complete.

Matter submitted to Judge for consideration.

Appearance required (by VCourt if preferred).

 

 

PR-20-000759 ESTATE OF KELLY JO WEICKUM

Inventory Review Hearing continued from 07/01/2021 and 08/26/21:

Prior Note:

Inventory and Appraisal omitted characterization of real property. Examiner believes this Note is not fatal, as the Waiver and Report of Administrator describes the characterization.

Hearing on Waiver of First and Final Account and Petition for Final Distribution:

• Report paragraph 4 incorrectly states that Administrator was granted full authority under the Independent Administration of Estates Act.

• Electronic notice to the Department of Health Care Services does not appear sufficient pursuant to PrC§§9202, 215, and 1215.

• Electronic notice to the Franchise Tax Board does not appear sufficient pursuant to PrC§§9202, 215, and 1215.

• Itemization of costs of administration omitted (Local Rule 8.83K).

     o Page 4, line 15 of Report includes Costs in the header of the section, but the section does not include costs.

• Waivers of Account must be notarized (pursuant to Local Rule 8.69).

• Proposed Order not yet submitted.

Recommend continue Hearing on Waiver of First and Final Account to 01/04/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000976 ESTATE OF TERRY LYNN SPAHN

Inventory Review Hearing:

Letters were issued 04/01/2021. Inventory and Appraisal was due 08/01/21.

Need Final Inventory and Appraisal.

Recommend continue to 01/04/2022 to allow time to file Inventory and Appraisal.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000538 ESTATE OF MICHAEL SCOTT TORRES

Account Review Hearing:

Petition for Termination of Proceedings and Discharge (PrC§12251 et seq.):

Petition appears appropriate; Notice of Hearing is complete.

Recommend approval of Petition for Termination of Proceedings and Discharge.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000539 ESTATE OF SERGIO VELASCO NUNO

Hearing on First and Final Report on Waivers of Account continued from 09/14/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Caption of Report is not adequate pursuant to Local Rule 8.83L.

• Report page 1, line 20 incorrectly states that Letters Testamentary were issued.

• Compensation base on page 4 of the Report does not appear to be correct.

      o The above caused the computation for compensation on page 5 to also be incorrect.

Recommend continue to 01/04/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000577 ESTATE OF JOHN L. BOSWELL, JR.

Account Review Hearing:

Report of Executor on Waiver of Account, Petition For Its Settlement, For Allowance of Statutory Compensation to Attorneys, Compensation to Attorneys for Extraordinary Legal Services, for Sale Of Real Property, and Final Distribution continued from 07/15/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

• Report of Executor omits statement re: whether or not notice to creditors was given per PrC§§10900(b)(1), 9050.

• Report of Executor omits statement re: family/affiliate relationship per PrC§1064(a)(4).

• Waivers of Accounting require notarization per Local rule 8.69.

Recommend continue Hearing on Report of Executor to 01/04/2022 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000083 ESTATE OF LINDA L. VANDYKE

Report of Sale and Petition for Order Confirming Sale of Real Property located at 7136 Eleanor Rd, Oakdale, CA (APN:  062-011-015) for sales price of $594,000.00 (first overbid $624,200.00) and Account Review Hearing continued from 06/10/21 and 08/18/21:

• Consent of all known heirs not on file pursuant to PrC§9881.

Petition for Authority of Administrator to Purchase Real Property of Estate continued from 08/18/21:

• Consent of all known heirs not on file pursuant to PrC§9881.

• Proof of service of Petition filed 08/16/21 reflects untimely service pursuant to PrC§1220.

      o No proof of notice of continued hearing date on file.

Matter submitted to Judge for determination.

Appearance required (by VCourt if preferred).

 

 

PR-20-000936 ESTATE OF RICHARD VELASQUEZ

Petition for Letters of Administration continued from 01/05/21, 02/23/21, 04/13/21 and 07/15/21:

At time of review, nothing filed since previous hearing. Prior Notes remain:

Item 3d of petition not completed (estimated value and characterization of property).

Waivers of Bond from all heirs are not on file. Bond may be required.

Need proof of service of Notice of Petition to Administer Estate (Form DE-121) (see Probate Code section 8110 and 1215, and Petition Item 8).

Need Proof of Publication (see Petition Item 1, and Probate Code sections 8120 through 8124).

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

 

 

PR-21-000325 ESTATE OF FLORENCE WALLS

Petition for Letters of Administration continued from 06/09/21 and 08/03/21:

Special Letters expire today if not extended.

At time of review, nothing filed since previous hearing. Prior Notes remain:

Petition for Letters of Administration:

• Item 5b was omitted (stepchild or foster child).

Proposed Orders Appointing Administrator:

• Item 2b(1) or (2) omitted (residency)

• Item 2c(1) or (2) omitted (intestate or testate)

Need status of meet and confer.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000495 ESTATE OF ELOY TONY PADILLA, SR.

Hearing on Petition for Probate continued from 08/10/2021:

Publication indicates request to admit will when Decedent died intestate. (Costs for republication are not reimbursable.) 

Recommend continue to 01/04/2022 to allow time for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000516 ESTATE OF DAVID WILLIS BARNES

Petition for Probate of Will and for Letters Testamentary continued from 08/10/2021:

Prior Notes have been cured.

Recommend approval of Petition, admission of Will to probate.

Recommend Inventory Review Hearing 03/02/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000753 ESTATE OF Feng Shao Zeng (AKA Kenneth Shao Feng Zeng, Kenneth Shao Zeng)

Hearing on Spousal Property Petition continued from 08/26/21:

Proof of Notice not on file for Guardian ad Litem.

Recommend continuance to 01/04/2022 to allow time cure defect with notice.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-20-000165 ESTATE OF HELEN KATHLEEN MILLION

First and Final Account; Report of Administration:

• Notice of Proposed Action must be filed, with affidavit of mailing attached, per Local Rule 8.100.

• Fee computation does not match the online calculator, due to rounding to the nearest dollar.

Recommend confirm Account Review Hearing 12/02/21 to allow time to cure defects.

Appearance by counsel not required (by VCourt if preferred).

 

 

PR-21-000732 ESTATE OF BARBARA LEE HUFFMAN

Petition for Probate of Will and for Letters Testamentary:

• Notice appears to have been published in a newspaper not of general circulation in the community of decedent’s residence at time of death. (Costs for republication are not reimbursable.)

• Will does not appear to be self-proving pursuant to Local Rule 8.23 D. 

Recommend minimum bond of $20,000.00 for out-of-state personal representative.

Recommend continuance to 01/04/2022 to allow time to cure defects and for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000733 ESTATE OF BARBARA ANN RUTLEDGE

Petition for Letters of Administration:

• Item 3c omitted (decedent’s residence).

• Item 3g(2)(c) omitted (Petitioner’s relationship to decedent).

• Item 5a(3) or (4) omitted (existence of registered domestic partner).

• Item 5a(7) or(8) omitted (existence of issue of predeceased child).

Proposed Letters:

• Item 2 has an alternate spelling of Petitioner’s name.

• Petitioner’s name is not necessary in Item 2 of the Affirmation.

Recommend continuance to 01/04/2022 to allow time to cure defects and for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000747 MATTER OF SHIRLEY L. ABRUZZINI REVOCABLE TRUST

Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Asset to Trust (PrC§§850, 15200, 17200):

Notice appears complete. Petition appears appropriate.

If no one appears to objection, recommend approval of Petition.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000933 ESTATE OF EUGENE H. BENAVIDEZ

Petition for Probate of Will and for Letters Testamentary:

• Heading of form does not include checkmarks in the box for authority under the Independent Administration of Estates Act.

• Item 1 omits the name of the newspaper where notice will be published.

• Item 3c omits county of decedent’s residence at time of death.

• Item 4 not checked (if Will precludes administration under the IAEA).

• Item 5a(3) or (4) omitted (existence of registered domestic partner).

• Item 5a(7) or(8) omitted (existence of issue of predeceased child).

• Item 8 omitted the relationships of those named to the decedent.

• Copies of holographic Will attached to the Petition are not large enough to be legible.

Proof of Holographic instrument not on file.

Waivers of bond not on file.

Form DE-147 Duties and Liabilities not on file.

Notice of Petition to Administer the Estate not on file.

Proof of publication not on file.

Proposed Order and Letters not yet submitted.

Original Will has not been lodged with the court (PrC§8200).

Recommend continuance to 01/04/2022 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000935 ESTATE OF DAVID BRUCE JOHNSON

Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 03/02/2022.

Appearance not required (by VCourt if preferred).

 

 

PR-18-000478 ESTATE OF RAYMOND AZEVEDO III

Discharge Review Hearing continued from 06/30/2021:

Ex Parte Petition for Final Discharge and Order has been approved and processed.

Hearing was vacated.

No appearance required.

 

 

PR-20-000351 ESTATE OF VIRGIL HARRY STAMBAUGH, JR., AKA VIRGIL H. STAMBAUGH, JR. & VIRGIL STAMBAUGH

Discharge Review Hearing continued from 08/10/2021:

Ex Parte Petition for Final Discharge and Order has been approved and processed.

Hearing was vacated.

No appearance required.

 

 

 

FRIDAY, OCTOBER 1, 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, 4/13/21, 05/12/21, 07/14/2021 and 09/01/21:

Prior Notes have been cured.

Recommend approval of Order Settling Fourth Account and Report.

Recommend Account Review Hearing 01/05/2022 for Fifth Account and Report for period from 07/01/2019 to 06/30/2021.

Appearance not required (by VCourt if preferred).

 

Last updated: September 17, 2021 3:01 PM