July 8, 2020

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Probate Notes

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

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

It is the goal of the examiner to have probate notes posted five (5) calendar days prior to the hearing. If defects are noted, they must be corrected prior to approval of the moving papers.  If you are filing documents to cure technical defects, file-marked copies must be delivered to the Probate Examiner, City Towers Courthouse, 801 Tenth Street, Sixth Floor, Modesto, CA, at least three court days prior to the hearing.  For your convenience, a Drop Box is located on the Fourth floor.

Probate notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance. 

WEDNESDAY, JULY 8, 2020

Department 22

8:30 a.m.

 

PR18000454 MATTER OF CARL BALLANTYNE

Spousal Property Petition:

  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

PR19000679 ESTATE OF JOAN COULTER GARN

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

Recommend Discharge Review Hearing 01/07/21.

Court will sign submitted order, appearance not required.

 

PR19000722 ESTATE OF RICHARD WOMACK

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 10/06/20 hearing on Petition for Final Distribution on Waiver of Accunt.

Appearance by counsel not required.

 

PR19000753 ESTATE OF JOHN BOER III

Related Case No. PR20000161.

Amended Petition for Letters of Administration continued from 09/12/19, 10/24/19, 12/13/19, 02/19/20, 03/20/20 and 04/23/20:

  • Objection and Reply to Objection on file.
  • Competing Petition for Probate of Will and Letters Testamentary under related case no. PR20000161.

Possible Long Cause Matter. 

Appearance by counsel mandatory by CourtCall.

 

PR19000910 ESTATE OF JOSE S. JUAREZ

Related Case No. PR19001130,

Petition for Letters of Administration continued from 10/18/19, 12/06/19, 02/19/20, 03/13/20 and 04/22/20: 

  • Objection on file.
  • Competing petition under related case no. PR19001130.

Possible Long Cause Matter.

PrC§850 Petition and Complaint to Quiet Title, and Declaratory Relief to Establish Title by Adverse Possession continued from 04/22/20:

  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

PR19000912 ESTATE OF GAYLE CANEPA

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/28/20.

Appearance by counsel not required.

 

PR19000933 ESTATE OF LESLIE PAUL CONLEY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 10/28/20.

Appearance by counsel not required.

 

PR19000965 MATTER OF THE RUTH M. MAPLES REVOCABLE TRUST

Petition to Compel Accounting by Trustee continued from 11/20/19, 01/08/20 and 04/22/20:

  • Need proof of personal service of Notice of Hearing to Trustee.
  • Need Order.

Recommend continuance to 10/01/20 to allow time for publication of notice of hearing to trustee.

Appearance by counsel not required.

 

PR19001130 ESTATE OF ANTONIA JUAREZ

Related Case No. PR19000910.

Petition for Probate of Will and for Letters Testamentary continued from 12/17/19, 03/25/20 and 05/27/20:

  • Competing petition for probate and PrC§850 Petition and Complaint to Quiet Title, and Declaratory Relief to Establish Title by Adverse Possession under related case no. PR19000910.

Appearance by counsel mandatory by CourtCall.

 

PR20000161 ESTATE OF JOHN BOER III

Related Case No. PR19000753.

Petition for Probate of Will and for Letters Testamentary continued from 03/20/20 and 04/23/20:

  • Competing Petition for Letters of Administration under related case no. PR19000753.

Submitted to Judge for determination.

Appearance by counsel mandatory by CourtCall.

 

PR20000232 MATTER OF JAMES LOEZ RAMOS LIVING TRUST

Petition for an Order to Confirm Validity of Trust; confirm Trustee; and Confirm Asset to Trust continued from 04/24/20:

  • Need copy of Will and confirmation original lodged with court clerk.
  • Notice of Hearing on Petition to Determine Claim to Property defective as mailed c/o another party.  Notice inadequate per CRC7.51(2).  A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult and has directed the party giving notice in writing to send the notice in care of the second person.  If the person to receive notice is represented by an attorney, notice should be mailed to the party and to his/her attorney per CRC7.51(b) and PC§1214.  Notice to a minor must be sent directly to the minor.  A separate copy of the notice must be sent to the person or persons having legal custody of the minor, with whom the minor resides.  (CRC7.51(d)).

Recommend continuance to 10/01/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000256 ESTATE OF FRANK L. ZAVALA SR.

Petition for Letters of Administration continued from 04/22/20:

  • Item 6 of petition inappropriately marked as there is living issue (children).
  • Item 7 of petition inappropriately marked as there is living issue (children).
  • Item 8 of petition omits name and date of death for predeceased spouse.
  • Item 8 of petition does not say whether Larry Zavala left living issue (children).
  • Item 2 of Duties and Liabilities of Personal Representative omits telephone number.
  • Caption of Inventory and Appraisal omits “Final” and “Property Tax Certificate” boxes which should be marked.
  • Need Proof of Publication.

Recommend continuance to 10/01/20 to allow time to cure defects.

Appearance by petitioner (pro per) not required.

 

PR20000260 ESTATE OF MELINDA SUE LUCE

Petition for Letters of Administration continued from 04/22/20:

  • Caption omits requesting Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 3c of petition omits county.
  • Item 3g(2)(c) of petition omitted.
  • Item 6(b) of petition omitted and item 6f inappropriately marked.

Recommend continuance to 10/01/20 to allow time to cure defects.

Appearance by counsel not required.

 

THURSDAY, JULY 9, 2020 

Department 22 

8:30 a.m.

 

2200155 ESTATE OF JASON AARON MOLAND 

Petition for Preliminary Distribution continued from 04/23/20.

  • Need Order.

Submitted to Judge for determination.

Appearance by counsel mandatory by CourtCall.

 

2201465 ESTATE OF JEFFREY STEVENS BROWN 

Petition for Final Distribution on Waiver of Account continued from 04/23/20.

  • Need Schedule of Receipts.
  • Need Order.

Recommend ocntinuance to 08/05/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR18000714 ESTATE OF GAIL KATHERYNE JOHNSON 

PrC§12200 Status Report of Administration from 04/24/20 recommended for approval.

Recommend continuance to 11/05/20 to allow time to complete administration and file petition for final distribution.

Appearance by counsel not required.

 

PR19000163 MATTER OF RAYMOND Q. BLAKE AND RAMONA A. BLAKE TRUST 

Status Review Hearing continued from 01/17/20: 

  • Need Signed Stipulation. 

Recommend continuance to 07/29/20 to coincide with Motion to Quash Subpoena, for Sanctions and/or Reimbursement of Attorney Fees and Costs. 

Appearances not required.

 

PR19000904 ESTATE OF JOSEPH F. KRZEWINSKI 

Inventory Review Hearing continued from 04/24/20. 

Final Inventory and Appraisal on file. 

Recommend Account Review Hearing 10/22/20. 

Appearance by counsel not required.

 

PR19000935 ESTATE OF WILLIAM C. LOPEZ 

Inventory Review Hearing continued from 04/24/20.

Final Inventory and Appraisal on file. 

Petition for Final Distribution on Waiver of Account: 

  • Need language re sale of real property.
  • Need copy of closing statement for sale of real property.
  • Need proof of notice to James Lopez as rejected creditor.
  • Need Order.

Recommend continuance to 08/26/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19001067 MATTER OF GUIDO AND BOBBIE BETTINZOLI FAMILY TRUST 

Verified Petition for: 1) Rescission and Damages for Fraud; 2) Accounting; 3) Suspension and Removal of Trustee; 4) Recovery of Bypass Trust Property Under PrC§850; 5) Recovery of All Trust Property Under PrC§850; 6) Recovery of Damages and Attorney’s Fees; 7) Order Voiding 2016 Trust Due to lack of Capacity; 8) Order Voiding 2016 Trust Due to Undue Influence; 9) Order Voiding 2016 Trust Due to Fraud; 10) Breach of an Agreement to Devise Trust Assets; 11) Constructive Trust/Blocked Account; and 12) Order Preventing Respondent from Using Trust Assets to Defend 2016 Trust from 12/12/20, 01/23/20 and 04/23/20: 

  • Objection on file. 

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

PR19001113 ESTATE OF MICHAEL LARRY IRONS 

Related Case No. PR19001116. 

Petition for Letters of Administration continued from 12/11/19, 01/08/20, 02/13/20 and 04/24/20: 

  • Recommend minimum $20,000.00 bond. 
  • Item 3g(2)(a) of petition omitted. 
  • Objection on file. 
  • Competing Amended Petition for Letters of Administration filed under Related Case No. 19001116. 

Possible Long Cause Matter. 

Appearance by counsel mandatory by CourtCall.

 

PR19001116 ESTATE OF MICHAEL LARRY IRONS 

Related Case No. PR19001113. 

Amended Petition for Letters of Administration 01/08/20, 02/13/20 and 04/24/20: 

  • No technical defects. 
  • Objection on file. 
  • Competing for Letters of Administration filed under Related Case No. 19001113. 

Possible Long Cause Matter. 

Appearance by counsel mandatory by CourtCall.

 

PR20000222 MATTER OF BUNCH FAMILY LIVING TRUST 

Petition for Order Confirming Trust Assets and Waiver of Bond: 

Recommend continuance to 10/15/20 as requested by attorney to allow time to locate all beneficiaries for notarized consents. 

Appearance by counsel not required.

 

PR20000243 ESTATE OF MARY ANNA BELLETTO 

Petition for Probate of Will and for Letters Testamentary continued from 04/24/20: 

  • Need Proof of Subscribing Witness as Will not self-proving. 
  • Item 3g2 of petition inappropriately completed. 
  • Item 8 of petition omits date of death for predeceased spouse. 

Recommend continuance to 10/15/20 as requested by attorney to allow time to locate all beneficiaries for notarized consents. 

Appearance by counsel not required.

 

PR20000269 ESTATE OF JUANITA W. DANIELS 

Petition for Probate of Will and for Letters Testamentary: 

  • Need Proof of Subscribing Witness as Will not self-proving. 

Recommend continuance to 10/15/20 to allow time to cure defect. 

Appearance by counsel not required.

 

PR20000332 ESTATE OF THOMAS RICHARD JOHNSTON 

Petition for Probate of Will and for Letters Testamentary: 

  • Item 3g(1)(d) of petition omitted. 
  • Item 8 of petition omits date of death for predeceased spouse. 
  • Item 8 of petition omits trustee(s) and beneficiaries of trust. 
  • Need copy of trust. 
  • Need Order. 
  • Need Letters. 

Recommend continuance to 10/15/20 to allow time to cure defect.

Appearance by counsel not required.

 

FRIDAY, JULY 10, 2020 

No probate matters scheduled.

 

MONDAY, JULY 13, 2020

No probate matters scheduled.

 

TUESDAY, JULY 14, 2020

No probate matters scheduled.

 

WEDNESDAY, JULY 15, 2020 

No probate matters scheduled.

 

THURSDAY, JULY 16, 2020

Department 22

8:30 a.m.

 

444600 MATTER OF FRANK E. DRULLINGER TRUST

Account Review Hearing continued from 09/19/19, 12/19/19, 02/20/20 and 04/30/20.

No documents filed since prior hearings.  Prior notes remain:

  • Need Sixth Account and Report of Successor Trustee.

Appearance by counsel mandatory by CourtCall.

 

445305 ESTATE OF MARY LOU RAMSEY

Account Review Hearing continued from 05/25/17, 06/20/17, 09/20/17, 11/29/17, 01/26/18, 04/06/18, 05/30/18, 10/19/18, 02/06/19, 04/09/19, 07/09/19, 11/05/19, 01/15/20 and 04/30/20.

No documents filed since prior hearings.  Prior notes remain:

  • No Accountings on file as ordered.

Appearance by counsel mandatory by CourtCall.

 

2201099 ESTATE OF LAURA LEIHALANI SAPP

Discharge Review Hearing continued from 12/03/19 and 04/30/20.

No documents filed since prior hearings.  Prior notes remain:

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

Appearance by counsel mandatory by CourtCall.

 

2201280 ESTATE OF MICHAEL SCOTT LEE

Discharge Review Hearing continued from 09/26/19 and 04/30/20:

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

Appearance by counsel mandatory by CourtCall.

 

2201346 MATTER OF REYNA 2001 TRUST

Status Review Hearing continued from 03/11/20 and 04/30/20:

Recommend continuance to 10/06/20 to coincide with Cross-Petition.

Appearance by petitioner (pro per) and counsel not required.

 

PR18000207 ESTATE OF ISAAC SAMUEL GABRIEL

Amended Petition for Final Distribution continued from 02/26/20 and 04/30/20 recommended for approval.

  • Need Order.

Recommend Discharge Review Hearing 01/14/21.

Court will sign submitted order, appearance not required.

 

PR18000302 ESTATE OF DAVID R. BONILLA

Status Review Hearing continued from 10/17/20 and 05/15/20:

Re:  First and Final Account and Report and Petition for Final Distribution continued 10/17/20 and 05/15/20 from recommended for approval upon agreement between parties.

Recommend Discharge Review Hearing 01/14/21.

Appearance by counsel mandatory by CourtCall.

Recommend vacate 07/16/20 Discharge Review Hearing as Order never signed.

 

PR18000336 ESTATE OF ANGELA ORTEGA

Discharge Review Hearing:

  • Need Ex Parte Petition for Final Discharge and Order (with recording information) submitted for signature.

Appearance by counsel mandatory by CourtCall.

 

PR18000370 ESTATE OF NICHOLAS WILLIAM BURNS

Discharge Review Hearing:

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

Appearance by counsel mandatory by CourtCall.

 

PR18000645 ESTATE OF MANUEL G. DELEON

Account Review Hearing continued from 01/09/20 and 04/30/20.

PrC§12200 Status Report of Administration continued from 01/09/20 and 04/30/20:

  • Need Petition for Final Distribution.

Appearance by counsel mandatory by CourtCall.

 

PR19000042 MATTER OF THE HILLIS FAMILY TRUST

Petition for Misappropriation of Trust Assets and Accounting 03/07/19, 05/29/19, 08/29/19, 10/24/19, 12/12/19, 01/22/20, 03/11/20 and 04/29/20.

No documents filed since prior hearings.  Prior notes remain:

  • Need accounting from Trustee, Mark Hillis.

Appearance by counsel and pro per mandatory by CourtCall.

 

PR19000176 ESTATE OF LETA R. MORGAN

Inventory Review Hearing continued from 10/08/19 and 04/29/20:

Final Inventory and Appraisal on file.

Petition for Final Distribution recommended for approval.

Recommend Discharge Review Hearing 01/20/21.

Court will sign submitted order, appearance not required.

 

PR19000575 ESTATE OF CYNTHIA WIESEL

Inventory Review Hearing continued from 01/09/20, 02/27/20 and 04/30/20.

No documents filed since prior hearings.  Prior notes remain:

  • Letters issued 07/09/19.  Inventory and Appraisal due 11/09/19.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by CourtCall.

 

PR19000949 ESTATE OF WINFRED E. WEBB

Inventory Review Hearing continued from 04/29/20.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 11/05/20.

Appearance by counsel not required.

 

PR19000955 ESTATE OF MEAN LUP WONG

Inventory Review Hearing continued from 04/30/20.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 11/03/20.

Appearance by counsel not required.

 

PR20000230 MATTER OF RALPH P. SCHMIDT SPECIAL NEEDS TRUST

Status Review Hearing continued from 04/29/20:

  • Need status re administration of special needs trust and date accounting due.

Appearance by counsel mandatory by CourtCall.

 

PR20000393 ESTATE OF RONNIE DEAN SCHULTZ

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 01/14/21.

Court will sign submitted order, appearance not required.

 

PR20000394 ESTATE OF WALTER E. HOTCHKISS

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 01/14/21.

Court will sign submitted order, appearance not required.

Need Letters.

 

FRIDAY, JULY 17, 2020

Department 22

8:30 a.m.

 

2201107 MATTER OF OLIVER W. BENBOW TESTAMENTARY TRUST 

Status Review Hearing continued from 12/06/17, 03/09/18, 07/05/18, 10/04/18, 02/28/19, 01/10/20 and 05/01/20: 

  • Need status re compliance with settlement. 

Appearance by counsel mandatory.

 

2201410 ESTATE OF ANTONIO GUERRERO HERNANDEZ 

Discharge Review Hearing: 

  • Need Ex Parte Petition for Final Discharge and Order (with recording information) submitted for signature. 

Appearance by counsel mandatory by CourtCall.

 

PR18000042 ESTATE OF VERA BORIS SADKOVSKY 

Discharge Review Hearing: 

  • Need Receipt on Distribution. 

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

Appearance by counsel mandatory by CourtCall.

 

PR18000350 ESTATE OF JESSE G. REYNA 

Discharge Review Hearing: 

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

Appearance by counsel mandatory by CourtCall.

 

PR18000657 ESTATE OF VENITA JEAN JAMISON 

Inventory Review Hearing continued from 06/27/19, 08/21/19, 12/19/19, 02/07/20 and 04/30/20. 

No documents filed since prior hearings.  Prior notes remain: 

  • Need Final Inventory and Appraisal.

Account Review Hearing continued from 12/19/19, 02/07/20 and 04/30/20. 

No documents filed since prior hearings.  Prior notes remain: 

  • Need Petition for Final Distribution. 

Recommend continuance to 10/06/20 to coincide with Motion to Be Relieved as Counsel. 

Appearance by counsel not required.

 

PR18000770 ESTATE OF SHIRLEY SCARBOROUGH 

Account Review Hearing 01/24/20 and 04/30/20. 

No documents filed since prior hearings.  Prior notes remain: 

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201 (mandatory form DE-120 revised as of 01/01/20. 

Appearance by counsel mandatory by CourtCall.

 

PR18000882 ESTATE OF WILLA M. OBLIGACION 

Discharge Review Hearing: 

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

Appearance by counsel mandatory by CourtCall.

 

PR19000157 ESTATE OF BEVERLY TOBEY 

Discharge Review Hearing: 

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

Appearance by counsel mandatory by CourtCall.

 

PR19000331 ESTATE OF JASON ALLEN GARNER 

Petition for Letters of Administration continued from 05/10/19, 08/30/19, 11/15/19, 02/26/20 and 04/30/20: 

Petition for Termination of Proceedings and Discharge of Personal Representative recommended for approval. 

Court will sign submitted order, appearance not required.

 

PR19001099 MATTER OF DAVID MICHAEL SMITH 

Spousal Property Petition continued from 12/11/19, 01/08/20, 02/26/20 and 04/30/20. 

No documents filed since prior hearings.  Prior notes remain: 

  • Item 4c of petition omitted. 
  • Item 5a(2) of petition omitted. 
  • Need Attachment 7. 
  • Need explanation for item 8 being marked and Attachment 8.
  • Need Order.

Appearance by counsel mandatory by CourtCall.

 

PR19001219 ESTATE OF TONYA M. COX 

Petition for Letters of Administration continued from 01/10/20, 02/14/20 and 04/30/20. 

No documents filed since prior hearings.  Prior notes remain: 

  • Caption omits box requesting Authorization to Administer Under the Independent Administration of Estates Act. 
  • Item 1 of petition omits name of newspaper. 
  • Item 1b of petition omitted. 
  • Item 1c of petition omitted. 
  • Item 1d of petition omitted. 
  • Item 3c of petition omitted. 
  • Item 3e(1) of petition incorrectly marked as no Will. 
  • Need Attachment 3e(3) Waivers of Bond by Beneficiaries (mandatory judicial form DE142).
  • Item 3g(1)(c) of petition incorrectly marked as no Will. 
  • Item 3g(2)(a) of petition omitted. 
  • Item 5a(7) or (8) of petition omitted. 
  • Item 6 of petition incorrectly marked as there is living issue. 
  • Item 7 of petition incorrectly marked as there is living issue. 
  • Item 8 of petition omits addresses. 
  • Need Duties and Liabilities of Personal Representative. 
  • Need Notice of Petition to Administer Estate. 
  • Need Proof of Publication. 
  • Need Order. 
  • Need Letters with original signature.

Appearance by petitioner (pro per) mandatory.

 

PR20000235 MATTER OF LORENCO FAMILY REVOCABLE TRUST 

Petition for Clarification and Instruction Regarding Distribution of Trust Property and Sharing of Financial Information continued from 04/30/20. 

Submitted to Judge for determination. 

Appearance by counsel mandatory by CourtCall.

 

MONDAY, JULY 20, 2020 

No probate matters scheduled. 

Last updated: July 07, 2020 2:42 PM