May 16, 2022

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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.

 

PUBLIC NOTICES:

POSTED DECEMBER 17, 2021

  • Effective 01/01/2022, the fee for court-appointed legal counsel in conservatorship proceedings shall increase to $125.00 per hour.

 

POSTED OCTOBER 13, 2021

  • It has come to the Court’s attention that due to changes in a major newspaper’s online publication submission procedure, some intestate proceedings are being published with reference to a request to “admit decedent’s wills and codicils, if any.”  The Court interprets the phrase “if any” as applying to the word “codicils”, as the next published sentence is “The will and any codicils are available for examination in the file kept by the Court”. Not only is the quoted language inconsistent, it is false, as there are no wills or codicils available for review in these proceedings.  One may reasonably rely on the misrepresentation and take no action believing a will has been or will be provided to the Court.  The Court cannot find this misleading notice to be harmless error.  As such, in these instances, the Court has ordered a republication with corrected language.  The Court has heretofore held that the republication fee is not reimbursable, however, given that the changes to the newspaper’s procedure are recent, and given the sheer volume of cases requiring republication, the Court will permit one republication fee to be reimbursable.  Requests for reimbursement will be granted for any one republication that occurs on or before June 1, 2022.

    Please note it also has recently come to the Court’s attention that the major newspaper may have revised, or may be revising, its online publication submission procedure to account for this issue.  

  • 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, MAY 17, 2022

Department 23

8:30 a.m.

 

Add-on:

PR-22-000418 JOHN HAMM TRUST

Hearing on Petitioner’s Ex Parte Application for suspension of Respondent Kanwal Khanna, MD as Trustee and Freezing Assets; Memorandum of Points and Authorities in Support of Application; and Declaration of Ingrid M. Evans in Support of Application:

Objection filed – 05/12/22. Proof of service not on file.

Appearance by counsel required (by VCourt if preferred).

 

 

 

Department 22

8:30 a.m.

 

PR-20-000500 DOROTHY D. LASSWELL TRUST

Status Review Hearing set per Statement of Decision issued 03/07/22, continued from 04/13/22:

•Need status.

Matter will be continued to 06/03/22 to trail Motion.

Appearance not required (by VCourt if preferred).

Hearing on Amended Motion to Fix Attorney’s Fees:

SEE TENTATIVE RULING, to be posted online at https://www.stanct.org/tentative-ruling-announcements 

 

 

2200841 ESTATE OF JACINTO CAETANO OLIVEIRA, AKA JACINTO CAETANO DE OLIVEIRA

Discharge Review Hearing continued from 07/28/20, 10/28/20, 05/27/21, 12/01/21:

Ex Parte Petition for Final Discharge and Order not submitted.

Executor filed a Status Report re Final Discharge, with proof of service attached.

Recommend continuance to 12/01/22.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000634 ESTATE OF WANDA MAY BRUCE

Discharge Review Hearing:

Ex Parte Petition for Final Discharge and Order not submitted.

Recommend continuance to 11/23/22 to allow time to file above pleading.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000792 ESTATE OF CHARLES L. BROWN

Discharge Review Hearing:

Receipts of distribution not on file.

Ex Parte Petition for Final Discharge and Order not submitted.

Recommend continuance to 11/23/22 to allow time to file above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000756 ESTATE OF ROBERT TILDEN HARRIS, JR.

Hearing on Second PrC§12200 Status Report continued from 02/01/22:

Notice appears complete.

Nothing filed since previous hearing. Prior Notes remain:

•The Report incorrectly states that an Inventory and Appraisal has not been filed, and requests a continuance to April for its filing.

•A Final Inventory and Appraisal was filed 07/19/21 and a Supplemental I&A was filed 12/07/21. Report does not describe any defects in either pleading such that they should not be accepted by the court.

Due to the above points, the Report does not appear sufficient under PrC§12201(a) “reasons why the estate cannot be distribute and closed, and an estimate of the time needed to close administration of the estate”.

Hearing on Third PrC§12200 Status Report continued from 02/01/22:

•Notice of Hearing pursuant to PrC§12201 not on file.

•Pleading cannot be considered until notice has been perfected.

A Fourth PrC§12200 Status Report has been filed. PrC§12201 Notice of Hearing not on file. 

Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000360 ESTATE OF SUSAN D BJONERUD

Inventory Review Hearing continued from 02/02/22:

Letters issued 09/01/21. Inventory and Appraisal due 01/03/2022.

Final Inventory and Appraisal is on file. No change from Partial No. 1 I&A.

Recommend Account Review Hearing 04/27/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000439 ESTATE OF GEORGE LYMAN VETTERLE, JR.

Inventory Review Hearing continued from 03/01/22:

Final Inventory and Appraisal on file.

•Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.

Recommend Account Review Hearing 11/09/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001239 ESTATE OF CHARLOTTE RAE JUNQUEIRO, AKA CHARLOTTE R. JUNQUEIRO

Inventory Review Hearing continued from 03/01/22:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/21/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001241 ESTATE OF SALLIE M. NIELD, AKA SALLIE SOUZA NIELD

Inventory Review Hearing:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/21/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001246 ESTATE OF RICHARD JOHN JOHNSON, AKA RICHARD J. JOHNSON

Inventory Review Hearing:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/21/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001257 ESTATE OF JACK L. HINTON

Inventory Review Hearing:

Letters issued 12/23/21. Inventory and Appraisal due 04/23/22.

Final Inventory and Appraisal not on file.

Recommend continuance to 08/24/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001369 ESTATE OF MARGIE D. BRAZIL, AKA MARGIE DOROTHY BRAZIL, MARGIE BRAZIL

Related Case PR-22-000179

Hearing on Petition to Determine Succession to Real Property continued from 01/12/22:

Proof of Subscribing Witness is on file.

Prior Note remains:

It appears this Petition is premature as this estate does not have title to the real property.

Recommend continuance to 08/18/22 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000179 ESTATE OF LEWIS J. BRAZIL, AKA LEWIS BRAZIL

Related case PR-21-001369.

Hearing on Petition to Determine Succession to Real Property:

Notice of Hearing file marked 05/10/22 reflects untimely notice on decedent’s issue (PrC§13153).

Recommend continuance to 08/18/22 to allow time to cure defects. 

Appearance not required (by VCourt if preferred).

 

 

444600 MATTER OF FRANK E DRULLINGER TRUST

Hearing on Seventh Account and Report of Successor Trustee (for period 01/01/19 through 12/31/20): 

Schedule C “Disbursements” appears to be identical to Schedule A “Receipts”. The wrong document may have been attached.

Pleading is verified by attorney and not Trustee, which does not appear compliant with CRC 7.103.

Notice of Hearing file marked 05/10/22 omitted item 4 on page 2 (date and place of mailing). 

Counsel to update court with Trustee’s status.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000214 ESTATE OF BETTY MARIE JACKSON

Hearing on Petition for Final Distribution and First and Final Report, etc.:

•Petition paragraph 1 appears to misstate the date of decedent’s death.

•Proposed Order paragraph 1 appears to misstate the date of decedent’s death.

Recommend continuance to 06/08/22 to allow time to cure defects.

Recommend the court vacate the Account Review Hearing of 06/08/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000799 ESTATE OF JANET M. FLIFLET

Hearing on First and Final Account and Report, etc., and Petition for Final Distribution:

Recommend approval of Account and Report.

Recommend the court vacate the Account Review Hearing of 12/13/22.

Recommend Discharge Review Hearing 11/23/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000335 ESTATE OF FRANK PAUL HERNANDEZ

Hearing on Petition for Probate of Will and for Letters Testamentary:

Notes have been cured.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 11/17/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000336 ESTATE OF PHYLLIS DARLENE ASHWORTH

Hearing on Petition for Probate of Will and for Letters Testamentary:

Notes have been cured.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 11/17/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000344 ESTATE OF VIDAL QUINTANA

Hearing on Petition for Probate of Will and for Letters Testamentary:

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 11/17/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000351 ESTATE OF STEVEN KAIN

Hearing on Petition to Determine Succession to Real Property:

Notes have been cured.

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

Appearance not required (by VCourt if preferred).

 

 

PR-22-000355 ESTATE OF ARTHUR VINCENT MONTANO

Hearing on Petition for Letters of Administration:

Notes have been cured.

Waivers of bond not on file. Bond is only issue remaining.

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

 

 

WEDNESDAY, MAY 18, 2022

Department 22

8:30 a.m.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Order to Show Cause to both Personal Representatives issued 01/11/22, continued from 03/17/22:

•To appear and show cause why they should not be required to pay sanctions and be removed as Personal Representatives for neglecting to perform necessary acts as personal representatives (Probate Code sections 8500 and 8502) and to show why defects have not been cured so that estate may be distributed and closed (Probate Code section 12202). Failure to appear will result in sanctions, possible findings that the personal representatives are in contempt of court and/or removal of Personal Representative.

Petition for Appointment of Successor Administrator with Will Annexed set 01/11/22 on the court’s own motion, continued from 03/17/22:

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, 07/21/21, 09/28/21, 01/11/22, 03/17/22:

Co-Personal Representatives filed a “Supplement to Clear Probate Notes” which includes a Summary of Account. 

Appearances by co-Administrators mandatory (by VCourt if preferred).  Appearances by Public Administrator and County Counsel excused.

 

 

PR-20-000454 ESTATE OF CECIL LOUELLA WRIGHT

Discharge Review Hearing:

One receipts on distribution on file. Declaration of due diligence purs. PrC§11753(c) on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 11/23/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000793 ESTATE OF DEBRA JOAN MACHADO

Discharge Review Hearing:

Receipts on distribution not on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 11/23/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000232 ESTATE OF TONY GARCIA PEREZ, AKA TONY G. PEREZ, TONY PEREZ

Account Review Hearing:

Neither PrC§12200 Status Report nor Petition for Final Distribution are on file. Recommend court direct Personal Representative to file PrC§12200 Status Report, and provide Notice of Hearing (PrC§12201) prior to next hearing if estate is not in a position to be closed.

Recommend continuance to 11/29/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000235 ESTATE OF DAVELL C. DICKENS

Account Review Hearing:

Neither PrC§12200 Status Report nor Petition for Final Distribution are on file. Recommend court direct Personal Representative to file PrC§12200 Status Report, and provide Notice of Hearing (PrC§12201) prior to next hearing if estate is not in a position to be closed.

Recommend continuance to 11/29/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000708 ESTATE OF RICHARD NOE QUATTRIN

Inventory Review Hearing:

Letters issued 12/20/21. Inventory and Appraisal due 04/20/22.

Final Inventory and Appraisal not on file.

Recommend continuance to 08/24/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001263 ESTATE OF RICHARD P. MOITOSO, AKA RICHARD PAUL MOITOSO

Inventory Review Hearing:

Letters issued 12/20/21. Inventory and Appraisal due 04/20/22.

Final Inventory and Appraisal not on file.

Recommend continuance to 08/24/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-20-000933 MATTER OF SIX TRUST

Petition for Breaches of Trust and Request for Damages continued from 01/26/21, 03/24/21, 05/06/21, 06/03/21, 10/05/21, 01/25/22:

Objection on file.

Possible Long Cause Matter.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000578 MATTER OF THE ROCHA FAMILY TRUST

Hearing on Petition to Compel Accounting, Determine Questions of Construction of Trust, Remove Trustee, Appoint Successor Trustees, Recover Trust Property and Impose Surcharge, Quiet Title, and Compel Sale and Distribution of Trust Property continued from 08/25/21, 11/30/21, 01/20/22:

•Objection filed – 08/24/21.

•Possible long cause matter.

Hearing on First Account and Report of Trustee:

•Objection filed – 12/16/21.

•Possible long cause matter.

Need status of meet-and-confer.

Appearances required (by VCourt if preferred).

 

 

PR-21-001362 THE MAUPIN FAMILY TRUST

Hearing on Petition to 1) Compel Accounting, 2) Confirm Revocation of Joint Trust, and 3) Order Transfer of Assets to Separate Trust (PrC§§850, 17200) continued from 02/24/22:

Prior Notes have been cured.

Objection filed – 03/24/22. 

Possible long-cause matter.

Need status of meet-and-confer.

Appearance required (by VCourt if preferred).

 

 

PR-22-000021 ESTATE OF HARBHAJAN SINGH MOUNDI

Hearing on Petition for Probate of Lost Will and for Letters Testamentary continued from 02/24/22:

Nothing filed since previous hearing. Prior Notes remain:

Attachment 3f(3) declaration regarding PrC§6124 presumption not attached.

Petitioner has lodged two different copies of the lost Will, each in different page order and accompanied by different translations.

Item 8 omitted the ages of those listed.

Item 8 must list all those named in Will in any capacity whether or not they are named as beneficiaries under the Will.

The lost Will is not self-proving (see Local Rule 8.23). Proof of subscribing witness not on file (form DE-131).

The English translation of the lost Will attached to the Petition does not appear to name an executor or address bond.

•A Petition for Probate of Lost Will and Letters of Administration with Will Annexed may be appropriate.

•Bond will be recommended.

Notice of Petition to Administer Estate is not on file. 

Proof of publication not on file. 

Proposed Order does not restate terms of Lost Will.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-22-000094 ESTATE OF JUANITA WILSON, AKA JUANITA WILSON-THOMPSON

Letters of Special Administration expire today unless extended.

Hearing on Petition for Probate of Will and for Letters Testamentary continued from 03/09/22:

Notes have been cured.

The Will is not self-proving. Proof of Subscribing Witness is on file.

Recommend approval of Petition and admission of Will to probate.

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

•$20,000.00 bond on file.

Recommend Inventory Review Hearing 11/22/22.

Appearance not required (by VCourt if preferred).

 

 

430620 EVAN M. AULDRIDGE SPECIAL NEEDS TRUST

Hearing on Seventh Account and Report of Trustee for time period of 10/13/19 through 10/12/21:

Notes have been cured.

Recommend approval of Seventh Account and Report of Trustee.

Recommend Account Review Hearing 04/24/2024 for receipt of Eighth Account for period of 10/13/21 through 10/12/23.

Appearance not required (by VCourt if preferred).

 

 

PR-19-001227 ESTATE OF MAURINE COOK

Hearing on First and Final Report of Successor Administrator, etc,. and Petition for Final Distribution:

Proposed distribution did not include the issue of decedent’s deceased sibling (see PrC§240). Assignments of Interest or Disclaimers not on file.

Waivers of Account not on file.

Report states that the Personal Representative advanced funds of $2,500.00 which were applied (in part) to costs of administration. Report does not state if Personal Representative requests or waives reimbursement.

Recommend continuance to 07/14/22 to allow time to cure defects.

Recommend the court vacate the Account Review Hearing on 07/14/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000684 ESTATE OF ESMERALDA GUERRERO ENQUIST, AKA ESMERALDA GUERRERO

Hearing on First and Final Report

DE-157 Notice to Creditors file marked 12/14/21 reflects that claimants were notified they have until four months after 03/09/22 to file a Claim. 

•Time to file claims has not expired, so it would appear the estate is not in a position to be closed.

Paragraph 14 of Petition does not appear correct (actions taken under IAEA) as real property was sold (see Paragraph 16).

Proposed Order not yet submitted.

Recommend continuance to 08/24/22 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000356 ESTATE OF CARLON SMOTHERMAN, AKA CARLON VICK SMOTHERMAN, CARLON V. SMOTHERMAN

Hearing on Petition for Probate of Will and for Letters Testamentary:

Item 2d omitted (request regarding bond). Examiner does not consider this defect fatal.

Item 3g(1) omitted (appointment of executor). Examiner does not consider this defect fatal.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 11/22/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000358 ESTATE OF REGY SMITH

Hearing on Petition for Letters of Administration:

Recommend approval of Petition.

Recommend Inventory Review Hearing 11/22/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000359 ESTATE OF DONALD RAY GARNER, AKA DONALD R. GARNER

Competing Petition 06/14/22 filed by Josefina Martinez.

Hearing on Petition for Letters of Administration filed by Veronica Garner Thompson:

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

•Affidavit of publication not on file.

•Waiver of bond not on file for any alleged spouse.

•Proposed Order and Letters not yet submitted.

Objection filed – 05/05/22.

•Exhibit A not attached.

Possible long-cause matter.

Recommend matter be continued to 06/14/22 to coincide with competing petition and to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000375 ESTATE OF BETHANY NORWOOD, AKA BETHANY FAYE NORWOOD, BETHANY FAYE COX, BETHANY FAYE AMOS, BETHANY FAYE TREICHEL

Hearing on Petition for Letters of Administration:

Affidavit of publication filed 05/12/22 reflects published notice included request to admit Will and codicils, if any, when pleadings reflect decedent died intestate.

Republication is necessary.

Recommend continuance to 06/17/22 to allow time for republication.

Appearance not required (by VCourt if preferred).

 

 

THURSDAY, MAY 19, 2022

Department 22

8:30 a.m.

 

385598 MATTER OF MISTY MAREZ SPECIAL NEEDS TRUST

Account Review Hearing continued from 06/29/2021, 08/18/21, 01/20/22:

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

Fifth Account and Report of Trustee not on file for period of 01/01/19 through 12/31/20.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

439928  MATTER OF WADE J MEIER SPECIAL NEEDS TRUST

Account Review Hearing continued from 06/30/2021 and 08/18/21, 01/20/22:

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

Sixth Account Current not on file for period from 01/01/19 to 12/31/20.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000283 ESTATE OF LEON POWERS

Account Review Hearing continued from 07/27/21, 09/21/21, 01/20/22:

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

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

• Need status of estate.

• Status Report not on file as directed in Minute Order of 09/21/21 and again in Minute Order 01/20/22.

Recommend court, finding good cause, issue order to show cause to personal representative pursuant to PrC§12202, to appear and show the condition of the estate and the reasons why a petition for final distribution has not been filed.

Appearance personal representative and counsel mandatory (by VCourt if preferred).

 

 

PR-20-000455 ESTATE OF JANIE R. MONROE

Discharge Review Hearing:

Receipts on distribution not on file.

Ex Parte Petition for Final Discharge not yet submitted.

Recommend continuance to 11/23/22 to allow time for filing above pleadings.

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) continued from 09/22/21, 01/12/22:

• Objection filed 10/28/21 by Respondent/Trustee.

• Possible long-cause matter.

Petition (filed 11/15/21 by Respondent/Trustee) to Establish Estate’s Claim of Ownership of Property for Order Directing its Transfer to the Estate (PrC§850) and for Determination and Establishment of Trustee’s Fees:

• Order file marked 01/26/22 approving above petition was vacated pursuant to Stipulation file marked 03/04/22.

• Need status.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000796 ESTATE OF THOMAS J. ACKERMAN

Inventory Review Hearing:

Final Inventory and Appraisal on file.

• Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.

Recommend Account Review Hearing 02/08/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001025 ESTATE OF SCOTT BENJAMIN STEELEY, AKA SCOTT B. STEELEY

Inventory Review Hearing:

Letters issued 12/15/21. Inventory and Appraisal due 04/15/22.

Final Inventory and Appraisal not on file.

Recommend continuance to 08/24/22 to allow time for filing above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001037 ESTATE OF PENNA I. MIRZA

Inventory Review Hearing:

Final Inventory and Appraisal on file.

• Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.

Recommend Account Review Hearing 02/08/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001111 ESTATE OF FRANCISCO MARQUEZ, AKA FRANCISCO MARQUEZ T, FRANCISCO MARQUEZ TOSTADO

Inventory Review Hearing:

Letters issued 12/14/21. Inventory and Appraisal due 04/14/22.

Final Inventory and Appraisal not on file.

Recommend Account Review Hearing 02/08/23 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.

Inventory and Appraisal must be filed before next hearing.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001249 ESTATE OF JACK A. MORRISON, AKA JACK ALFRED MORRISON, JACK MORRISON

Inventory Review Hearing:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/08/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001275 ESTATE OF ERA MAE BRANCO, AKA MAE BRANCO

Inventory Review Hearing:

Final Inventory and Appraisal on file.

• Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.

Recommend Account Review Hearing 02/08/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001281 ESTATE OF IN CHAE KIM

Inventory Review Hearing:

Letters issued 12/15/21. Inventory and Appraisal due 04/15/22.

Final Inventory and Appraisal not on file.

Recommend Account Review Hearing 02/08/23 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.

Inventory and Appraisal must be filed before next hearing.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001283 ESTATE OF GERLENE FORREST, AKA GERLENE WALKER FORREST

Inventory Review Hearing:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 02/08/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000146 ESTATE OF RUFUS LEE HARRIMAN

Hearing on Petition for Probate of Will and for Letters Testamentary:

This is a petition for successor personal representative.

Recommend approval of Petition.

Will was already admitted to probate on 06/08/21.

Recommend court vacate and reset Account Review Hearing from 06/08/22 to 12/08/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000366 ESTATE OF DENNIS RAY BLACKWOOD

Hearing on First and Final Report etc., and Petition for Final Distribution:

There appears to be a mathematical error in the calculation of costs of Administration, starting line 18 on page 5.

• This has also caused the total of costs to be paid by Administrator to be calculated incorrectly, line 15 on page 6.

• This has also caused the Property on Hand to be calculated incorrectly, Schedule B (“Distribution”).

Proposed Order not yet submitted.

Recommend court vacate Account Review Hearing 09/14/22.

Recommend continuance to 08/24/22 to allow time to cure defects.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000564 ESTATE OF RICKY D. SWANZY

Hearing on First and Final Report, etc., and Petition for Final Distribution:

Request for extraordinary compensation to counsel submitted to judge for determination. 

• Proposed Order not yet submitted.

Recommend Discharge Review Hearing 11/23/22.

Recommend court vacate Account Review Hearing of 10/06/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000217 DEBORAH L. DUVALL FAMILY TRUST

Hearing on Petition to Confirm Termination of Right to Reside at Real Property (PrC§17200):

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

• Need proposed Order.

Appearance not required (by VCourt if preferred).

 

 

FRIDAY, MAY 20, 2022

Department 22

8:30 a.m.

 

PR-20-000581 ESTATE OF ALICE DARLENE LABATTE

Hearing on Amended Petition for Probate of Will and for Letters Testamentary continued from 09/30/20, 10/22/20, 12/01/20, 01/20/21, 07/20/21, 09/08/21, 12/10/21, 04/08/22:

•Form DE-111, Petition, file marked 09/03/21 does not have the word “Amended” in the header. It is not clear if this is meant to be an Amended Petition.

•Copy of decedent’s Will was not attached as Attachment 3f(2).

•Republication is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed.

•A new Notice of Petition to Administer Estate is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed.

Will is not self proving – Proofs of Subscribing Witness are on file.

REVIEW IN PROGRESS. PLEASE CHECK BACK.

 

 

PR-20-000674 ESTATE OF ALICE D. LABETTE

Status Review Hearing:

Prior to being set for trial, last hearing as an Inventory Review Hearing.

REVIEW IN PROGRESS. PLEASE CHECK BACK.

 

 

PR-20-001126 ESTATE OF RUSSELL WALLER

Hearing on Amended Petition for Probate of Will and for Letters of Administration with Will Annexed (successor personal representatives) continued from 04/14/22:

The Will waived bond only for the named executrix, not for any other individual. Bond may be necessary. Full bond would be $396,132.25.

The petitioners do not appear to have priority of appointment pursuant to PrC§§8441, 8461, nor are they nominees of someone with priority. 

Recommend approval of Amended Petition purs. to PrC§8468 (person with priority has failed to claim appointment). Will has already been admitted to probate, on 02/04/21.

Recommend bond in the amount of $396,132.25. Recommend court set separate bond for each personal representative (PrC§8480(a)).

Recommend court vacate and reset Account Review Hearing on 07/07/22 to 11/16/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000856 ESTATE OF MARIBEL MENDEZ

Petition for Letters of Administration continued from 10/26/21, 12/09/21, 04/06/22:

Prior Notes have been cured. Waivers of bond are on file.

Recommend and approval of Petition.

Recommend Inventory Review Hearing 11/22/22.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001358 ESTATE OF SERAFIN AGUILAR

Hearing on Notice of Petition to File Late Claim (PrC§§850, 9103-9104) continued from 01/11/22, 04/13/22:

Nothing filed since previous hearing. Prior Notes remain:

Notice of Hearing is not on file.

Opposition filed – 04/08/22.

Matter will be dismissed for failure to file proof of notice (PrC§§851, 9103(e)).

Appearance not required (by VCourt if preferred).

 

 

PR-21-001465 ESTATE OF RICHARD J. MASON, II

Hearing on Petition to Determine Succession to Real Property continued from 02/23/22, 04/14/22:

Nothing filed since previous hearing. Prior Notes remain:

•Property Tax Certificate (Probate Code 8800(d)) may be necessary as item 5 was omitted from form DE-160 (Inventory and Appraisal) (re: property tax certificate).

     oDeclaration filed 04/11/22 does not completely address this, as it refers to a Property Tax “Clearance” Certificate, which appears to be something different. Please review item 5 of the Inventory and Appraisal, and determine how best to cure the defect that by omitting this item, Petitioner has not addressed Revenue and Taxation Code § 480. 

•Declaration filed 04/11/22 states that the original Will has been lost and it appears Petitioner is prepared to proceed with this matter as an intestate proceeding.

     oProposed Order must be modified.

     oAlternatively, prepare a Declaration rebutting the PrC§6124 presumption of a lost will.

Recommend court issue Order to Show Cause to Petitioner, Petitioner’s counsel, to be heard on 08/25/22 why case should not be dismissed for failure to cure defects.

Recommend continuance to 08/25/22.

Appearance required (by VCourt if preferred.)

 

 

PR-22-000116 ESTATE OF KIETH THOMAS KOCH

Hearing on Amended Petition (filed 04/01/22) for Letters of Administration continued from 03/29/22, 04/29/22:

Nothing filed since previous hearing. Prior Note remains:

Republication is necessary pursuant to CRC 7.53(a) as an Amended Petition was filed.

Recommend continuance to 08/25/22 to allow time for republication.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000181 ESTATE OF WILLIAM JOSEPH HARTLETT

Hearing on Petition for Probate of Will and for Letters Testamentary continued from 04/12/22:

Prior Notes have been cured.

Will is not self-proving. Proof of Subscribing Witness is on file.

Recommend approval of Petition, admission of Will to probate.

Recommend Inventory Review Hearing 11/22/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000214 ESTATE OF PRECILIANO FLORES, JR.

Hearing on Petition for Letters of Administration continued from 04/26/22:

Nothing filed since previous hearing. Prior Note remains:

Item 8 did not include one heir’s full name.

Recommend continuance to 08/25/22 to allow time to cure defect.

Appearance not required (by VCourt if preferred).

 

 

TUESDAY, MAY 24, 2022

Department 24

8:30 a.m.

 

2200638 ESTATE OF DARYEL JOSEPH KASINGER, AKA DARYEL J. KASINGER, DARYEL KASINGER 

Hearing on Motion to be Relieved as Counsel:

SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanct.org/tentative-ruling-announcements 

 

 

Department 22

8:30 a.m.

 

PR-19-000510 ESTATE OF JESUS RIVERA

Inventory Review Hearing continued from 02/20/20, 04/21/20, 07/01/20, 08/12/20, 11/19/20, 05/19/21:

• Partial No. 1 Inventory and Appraisal on file.

• Need Final Inventory and Appraisal.

Hearing on Fourth PrC§12200 Status Report continued from 05/19/21:

• Neither 5th PrC§12200 Status Report nor Petition for Final Distribution on file.

Recommend court order personal representative to file 5th PrC§12200 Status Report of Administration, with Notice of Hearing, within 60 days if Final Inventory and Appraisal and Petition for Final Distribution are not on file.

Recommend continuance of Inventory Review Hearing to 08/25/22.

Appearance not required (by VCourt if preferred).

 

 

PR-19-001121 ESTATE OF PATRICK ANDREW SERES

Hearing on Amended (filed 03/25/21) First and Final Report and Petition for Final Distribution continued from 12/10/20, 4/21/21, 07/01/2021, 08/24/21, 10/14/21, 01/26/22:

Prior Notes remain:

• It appears Administrator distributed estate funds without prior court approval (see Probate Code section 10501(a)(4)).

Please review Local Rules 8.69 and 8.83. The Local Rules are available for download at https://www.stanct.org/local-rules-fee-schedule 

• Waivers of Account by heirs not on file (see Probate Code section 10954). Waivers must be notarized.

• Itemization of costs of administration was not included in Report. Itemization is required whether or not reimbursement is sought.

• Declaration filed 02/22/21 indicates that the estate has been distributed already, but this was not explained in the Report. 

      o Declaration filed 02/17/22 specifies the preliminary distributions that were made without prior court authorization. Proof of Service of this Declaration is needed, reflecting service on all interested people.

      o Signed receipts not on file from heirs for preliminary distributions. See Probate Code section 10954.

• Report reflects that the Administrator received a claim from a mortgage company. A copy of the closing statement from the sale of the real property may be attached to any pleadings filed by the Administrator that clears these notes, in order to provide documentation that the mortgage has been dealt with.

• Notice of Hearing not on file reflecting service of the Amended Report. See Probate Code section 11000, 1206, and 1215. Form DE-121 may not be used for this purpose. Please see form DE-120.

Appearance by Administrator (self-represented) mandatory (by VCourt if preferred). If Administrator fails to appear, recommend court issue an Order to Show Cause for why Administrator should not be sanctioned for failure to appear, failure to cure defects, failure to file receipts of distribution.

 

 

PR-20-001061 ESTATE OF LINDA MAE GARBER

Inventory Review Hearing continued from 07/27/21, 09/29/21, 10/13/21, 01/26/22:

Prior Notes remain:

• Letters issued 01/29/21. Inventory and Appraisal due 05/29/21.

• Inventory and Appraisal not on file.

Petition for Elder Abuse; Determine Title and Require Transfer of Real Property to Estate and Attorneys’ Fees and Costs continued from 2/17/21, 01/21/21, 06/30/2021, 10/13/21, 1/26/22:

Objection on file – 01/22/21.

Possible Long Cause Matter.

Need status.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-001094 ESTATE OF MICHELLE CHRISTINE KING

Discharge Review Hearing:

Ex Parte Petition for Final Discharge and Order returned for correction on 02/10/22

- Need declaration regarding $1,500.00 retains.

Recommend continuance to 09/01/22 for filing of above pleadings.

Appearance not required (by VCourt if preferred).

 

 

PR-20-001044 ESTATE OF JON MICHAEL GALT

Account Review Hearing:

Amended DE-140, Order for Probate, not on file as directed by Minute Order of 11/24/22. Recommend court require counsel’s appearance. Recommend court order counsel to prepare Amended Order.

Neither Petition for Final Distribution, nor PrC§12200 Status Report on file.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000284 ESTATE OF RALPH J. FERNANDEZ, SR.

Account Review Hearing:

Matter is on calendar 09/01/22 for a Discharge Review Hearing.

Hearing of 05/24/22 will be vacated.

No appearances.

 

 

PR-19-000740 ESTATE OF SHANE ANTHONY MONKHOUSE, AKA SHANE MONKHOUSE

Inventory Review Hearing continued from 06/10/20, 08/27/20, 02/02/21, 06/02/21, 03/02/22:

Nothing filed since previous hearing.

Status Report was filed 01/27/22. 

• Notice of Hearing pursuant to PrC§12201 not on file.

• Pleading constitutes ex parte communication until notice has been perfected.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000936 ESTATE OF CHARLES KEITH SELLERS, AKA CHARLES K. SELLERS

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

Petition for Final Distribution has been filed and set for hearing 07/27/22.

Hearing of 07/27/22 will be confirmed.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001280 ESTATE OF MARY MENDES, AKA MARY T. MENDES, MARY TERESA MENDES

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

Recommend Account Review Hearing 03/01/23.

Appearance not required (by VCourt if preferred).

 

 

PR-21-001291 ESTATE OF JERRY LEE WILKETT

Inventory Review Hearing:

Letters issued 12/23/21. Inventory and Appraisal due 04/25/22.

Final Inventory and Appraisal not on file.

Recommend Account Review Hearing 02/01/23 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.

Inventory and Appraisal must be filed before next hearing.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000515 MATTER OF GEORGE J. AND EDNA MAE MILLER LIVING TRUST

Related case: PR-21-000102 (Notice to Creditors, filed by Trustee)

Hearing on Petition to Invalidate Second and Third Amendments to the George J. and Edna Mae Miller Living Trust continued from 08/10/2021, 10/05/21, 01/25/22:

Objection filed 08/05/21.  

Possible Long Cause Matter.

Need status of meet-and-confer.

Appearances by counsel mandatory (by VCourt if preferred).

 

 

PR-21-000804 ESTATE OF ROGER C. MULLER

Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 10/19/21, 01/26/22:

No defects found in pleadings.

Objection filed 10/13/21.

Possible long-cause matter.

Need status of meet-and-confer.

Recommend continuance to 06/02/22, to coincide with hearing on competing Petition for Probate of Lost Will and for Letters of Administration with Will Annexed filed by Maria Rodriguez.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000006 ESTATE OF WHITNEY DABNEY, AKA WHITNEY CHARLES DABNEY

Hearing on Petition for Probate of Will and for Letters Testamentary continued from 02/23/22:

Will is not self-proving. Proof of subscribing witness on file.

Recommend approval of Petition and admission of Will to probate.

Final Inventory and Appraisal is on file.

Recommend Account Review Hearing 02/23/2023.

Appearance not required (by VCourt if preferred.)

 

 

PR-22-000093 ESTATE OF JUSTINE MERCADO NAVARRO, AKA JUSTINE NAVARRO, JUSTINE M. NAVARRO

Hearing on Petition for Probate of Will and for Letters Testamentary continued from 03/09/22:

Prior Notes have been cured.

Recommend approval of Petition and admission of Will to probate.

Recommend Inventory Review Hearing 11/29/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-0000118 ESTATE OF SANDRA BONE, AKA SANDRA ELLEN BONE

Hearing on Petition for Letters of Administration continued from 03/09/22:

- Item 1 names a publication not of general circulation in the area of decedent’s residence at time of death. Examiner does not consider this defect fatal as the Affidavit of publication reflects notice was published in an appropriate newspaper.

- Item 2d(2) has a bond amount written in, but the box was not checked. Examiner does not consider this defect fatal.

Prior Notes remain:

Form DE-147 Duties and Liabilities not on file.

Proposed Order and Letters not yet submitted.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-000719 RAMON GILBERT GONZALES TRUST

Hearing on Subsequent Petition to Modify the Trust:

• Paragraph 16 of Petition states Consents will be filed. Consents are not on file.

• Article 1, section 1.5 of the Trust dated 12/19/14 also identifies Settlor’s daughter by the name “Chanel Tulle”. The Petition does not seek to modify that section.

• Article 6, section 6.2(b) of the Trust dated 12/19/14 also refers to Settlor’s daughter by the name “Chanel Tulle”. The Petition does not seek to modify that section.

• Notice of Hearing not on file.

• Proposed Order not yet submitted.

Account Review Hearing continued from 05/12/22: 

Fourth Account Current and Report of Trustee for period of 12/19/19 through 12/18/21 not on file at time of review.

Appearance by counsel required (by VCourt if preferred).

 

 

PR-20-000931 ESTATE OF MICHAEL NEELEY, AKA MICHAEL GENE NEELEY

Hearing on PrC§12200 Status Report of Administration:

Report alleges that Title Company wired proceeds from sale directly to Administrator instead of to attorney’s blocked trust account, and Administrator thereafter left California. Report requests court order “return of the funds from the sale”.

Recommend court order Administrator to coordinate with his counsel to return all proceeds from the sale to the attorney’s trust account immediately. Failure to comply with the court’s order may result in sanctions, contempt proceedings, and/or removal Administrator (PrC§§8500 et seq.).

Recommend court direct Administrator’s counsel to file a Declaration two days prior to the next hearing regarding status of Administrator’s compliance. 

Recommend court order Administrator to be personally present at the next court date if funds are not deposited in attorney’s trust account (PrC§8500(b)). 

Recommend court set a Status Review Hearing regarding Administrator’s compliance.

Recommend court direct Administrator’s counsel to serve a copy of the PrC§12200 Status Report and a copy of today’s Minute Order on the surety company.

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

 

 

PR-21-000597 ESTATE OF H. BEVERLY SCHOENWETTER

Hearing on First and Final Account and Report, etc., and Petition for Final Distribution:

• Report does not state if any claims were received or filed.

• Proposed Order does not specify property on hand for distribution.

• Paragraph 5 of proposed Order does not specify how the estate is to be distributed.

• Proposed Order omitted the omnibus clause.

Recommend continuance to 08/31/22 to allow time to cure defects.

Recommend court vacate Account Review Hearing 08/31/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000324 ESTATE OF KURT D. BESERRA

Hearing on Petition for Letters of Administration:

Recommend approval of Petition.

• Need Order and Letters. 

Recommend Inventory Review Hearing 11/29/22.

Appearance not required (by VCourt if preferred).

 

 

PR-22-000397 ESTATE OF KENNETH EDWARD WALKER, AKA KENNETH E. WALKER, KENNY WALKER

Order for Special Administration expires today unless extended. Letters of Special Administration not issued yet.

Hearing on Petition for Letters of Administration:

Item 2 on form DE-147 Duties and Liabilities omitted Petitioner’s telephone number.

Affidavit of publication not on file.

Recommend continuance to 06/10/22 to allow time to cure defects.

Recommend extension of Special Administration to 06/10/22.

• Need Special Letters.

Appearance not required (by VCourt if preferred).

 

 

PR-21-000180 ESTATE OF JULIETTE MARIE WATSON, AKA JULIETTE M. WATSON

Discharge Review Hearing: 

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

Hearing was vacated.

No appearance required.

Last updated: May 16, 2022 2:22 PM