July 25, 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.

 

 

MONDAY, JULY 26, 2021

Department 4

8:30 a.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Status Conference hearing

Hearing on Court’s Motion to Dismiss

Pursuant to Stipulation, all matters to be continued to 09/21/2021 at 1:30 p.m. in Department 5.

No appearance required.

 

 

TUESDAY, JULY 27, 2021

Department 21

8:30 a.m.

 

2200560 MATTER OF ADRIANA CRISTINA RODRIGUEZ ARIAS SETTLEMENT TRUST

Related Case No. 2200561.

Account Review Hearing continued from 07/23/20, 03/17/21 and 06/08/21:

• Third Account and Report of Successor Trustee for the time period of 01/01/19 through 12/31/20 is not on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

2200561 MATTER OF ALEJANDRA STEHANIE RODRIGUEZ ARIAS SETTLEMENT TRUST

Related Case No. 2200560.

Account Review Hearing continued from 07/23/20, 03/17/21 and 06/08/21:

• Third Account and Report of Successor Trustee for the time period of 01/01/19 through 12/31/20 is not on file.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

Department 22

8:30 a.m.

 

2200435 ESTATE OF GURMUKH GILL

Account Review Hearing:

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

•PrC§12200 Status Report was filed by Petitioners, which set a hearing 09/28/21. Report is brief, and states the estate will soon be in a position to be closed.

•Recommend confirm PrC§12200 Status Report hearing on 09/28/21.

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

 

2201462 ESTATE OF JOHN R. SWANSON

Account Review Hearing continued from 07/26/19, 08/30/19, 10/18/19, 12/06/19, 02/11/20, 06/03/20, 08/20/20 and 10/21/20:

Second and Final Account on file; Notice of Hearing not on file.

Recommend confirm hearing on Second and Final Account and Report of Administration, set 08/25/21, to allow sufficient time for notice.

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

 

 

445305 ESTATE OF MARY LOU RAMSEY

Account Review Hearing:

Petition for Final Distribution on file, set hearing on 09/28/21.

Recommend confirm hearing set by Petition for Final Distribution, 09/28/21.

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

 

 

PR-19-000562 JASON A WHITE SPECIAL NEEDS TRUST

Account Review Hearing:

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

First Account and Report of Trustee not on file.

Recommend continuance to 09/28/21 to allow sufficient time for filing and notice of First Account and Report.

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

 

 

PR-20-000283 ESTATE OF LEON POWERS

Account Review Hearing:

•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

Account Review Hearing:

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

•Need report of status of estate.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000287 ESTATE OF RAVINDRA KUMAR DASS

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

Nothing filed since previous hearing. Prior Notes remain:

•Itemization of costs advanced including date, payee, explanation, payor, charge, and whether or not reimbursement is requested was not included in the Petition.

•2000 Honda Accord EX missing from list of assets on hand for distribution. If sold, need schedule showing gain/loss and included in calculation of statutory fees.

•Proposed Order is labelled a Judgment, which would is not appropriate.

•Proposed Order (“Judgment”) has signature of Judge on page by itself, which is not permitted by Local Rule 8.41.

ADDITIONAL NOTES following further review by Probate Examiner:

•Paragraph 1 of the Petition for Final Distribution misstates Decedent’s name.

•Paragraph 5 of the Petition states compliance with notice to creditors pursuant to PrC§9001, but omits a statement of compliance with PrC§9050 or a statement that there are no creditors known or reasonably ascertained.

•Petition for Final Distribution appears not to contain a statement re: family or affiliate relationships purs. PrC§1064(a)(4).

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-20-000311 ESTATE OF MERRICK MCINTIRE

First and Final Report on Waiver of Account and Petition for Final Distribution continued from 06/30/21 recommended for approval.

Recommend Discharge Review Hearing 10/27/21.

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

 

 

PR-19-000271 ESTATE OF MARIAN P. HERNANDEZ

PrC§12200 Status Report of Administration continued from 05/12/21:

No documents were filed since previous hearing. Prior Notes remain:

•Notice of Hearing of PrC§12200 Report not on file.

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

 

 

PR-19-000504 ESTATE OF DAVID GEORGE TARONE

Discharge Review Hearing:

Ex-Parte Petition for Final Discharge and Order not yet submitted.

Recommend continuance to 10/26/21 for additional time to submit proposed Order.

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

 

 

PR-19-000868 ESTATE OF WALLACE W. PRAHSER

Discharge Review Hearing continued from 06/02/21:

Ex-Parte Petition for Final Discharge and Order not yet submitted.

Previous Minute Order stated that Receipts on Distribution or recording information was needed.

Appearance by counsel mandatory (by VCourt if preferred).

 

 

PR-19-000991 ESTATE OF CYNDI HILTON-GEARY

Discharge Review Hearing:

•Ex-Parte Petition for Final Discharge and Order not yet submitted.

Recommend continuance to 10/26/21 for additional time to submit proposed Order.

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

 

 

PR-20-001019 ESTATE OF JOSEPH EUGENE ZIMMERMAN

Inventory Review Hearing:

Final Inventory and Appraisal is on file.

First and Final Report on file, set hearing 08/31/21.

Recommend confirm hearing on First and Final Account, 08/31/21.

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

 

 

PR-20-001061 ESTATE OF LINDA MAE GARBER

Inventory Review Hearing:

•Inventory and Appraisal not on file.

Recommend continuance to 09/29/21 to allow additional time to submit Inventory and Appraisal.

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

 

 

PR-20-001081 ESTATE OF SUSAN LESLY SWITZER

Inventory Review Hearing:

•Final Inventory and Appraisal, Attachment 1: Last four digits of account numbers were omitted.

•First and Final Accounting has been filed, which set a hearing 09/23/21.

Recommend confirm hearing 09/23/21 on First and Final Accounting.

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

 

 

444557 MATTER OF DAMIEN AMEZCUA SPECIAL NEEDS TRUST

Fifth Account Current and Report of Trustee and for Allowance of Attorney’s Fees:

•A proposed Order does not appear to have been submitted.

Recommend approval of Fifth Account Current.

Recommend Account Review Hearing 05/09/2023.

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

 

 

PR-18-000120 ESTATE OF MARTHA JANE CANDELARIA

Notice of Motion and Motion for an Order to Show Cause re Contempt, to Compel Compliance with Court Order, and for Other Appropriate Relief:

Request for Judicial Notice:

•SEE TENTATIVE RULING.

 

 

PR-21-000074 ESTATE OF STACEY CARLSON

Related case No. PR-20-001129 also on calendar

Notice of Motion and Motion to Quash Deposition Subpoenas for Production of Business Records:

•SEE TENTATIVE RULING

 

 

PR-20-001129 ESTATE OF STACEY CARLSON

Related case No. PR-21-000074 also on calendar

Notice of Motion and Motion to Quash Deposition Subpoenas for Production of Business Records:

•SEE TENTATIVE RULING

 

 

PR-21-000450 ESTATE OF BETTY JO RUSSELL

Petition for Probate of Lost Will and for Letters Testamentary:

•Petition for Probate omitted or failed to address the following:

     oItem 1 stating which newspaper Petitioner would have publish Notice of the Petition. Item 1 (a) or (b) was also not completed.

     oItem 2d regarding Bond. (Item 3e(1) states that the Will waived bond).

     oItem 5a(1) or (2) – existence of any spouse

     oItem 5a(3) or (4) – existence of any registered domestic partner

     oItem 5a(7) or (8) – existence of any issue of a predeceased child

     oA copy of the Lost Will was not attached per Petition Item 3f(3)

     oAttachment pursuant to Petition Item 3f(3) (Probate Code section 6124).

     oItem 8 must list the names of all those individuals named in the Will.

     oItem 8 must list the names exactly as they appear in the Will.

•Petition, top of page 1, boxes were checked describing this as both a Petition for Letters Testamentary and Letters of Administration.

•Petition Item 2b states Petitioner is seeking appointment as both Executor and Administrator.

•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 Co-Executor and alternate Co-Executor not on file.

•The copy of the Lost Will on file is not self-proving under Local Rule 8.23 D.

     oProof of Subscribing Witness has not been filed.

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

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

 

 

PR-21-000222 ESTATE OF CURTIS CLIFFORD LITTLE

Petition for Letters of Administration continued from 06/01/2021.

Attorney requests continuance to 09/28/2021 to allow time to amend petition to request Limited Authority under the Independent Administration of Estates Act.

Appearance not required (by VCourt if preferred).  

 

Last updated: July 23, 2021 4:03 PM