June 7, 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.datory by CourtCall.

FRIDAY, JUNE 5, 2020

 

Department 9 

1:30 p.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK

Tentative Ruling on Stacey Carlson’s Motion To “Collect” Promissory Note and Gabriel Ashlock’s Reply to Motion Objecting to Sale of Property and Cross-Motion To Compel Quit Claim Deed(s) of Reconveyance, Confirm “Payoff” of Note and Cancel Deed of Trust: HEARING REQUIRED.

Tentative Ruling on Appellate Counsel’s Petition for Fees:  The petition for an award of appellate counsel attorney fees is DENIED WITHOUT PREJUDICE at this time.  The petition was insufficiently noticed pursuant to Probate Code section 1220.  Additionally, the administrator has filed an objection to the petition on the merits which the parties must resolve prior to the Court considering an award of fees. 

 

MONDAY, JUNE 8, 2020 

No probate matters scheduled.

 

TUESDAY, JUNE 9, 2020 

 

Department 22

8:30 a.m.

 

404060 ESTATE OF HAROLD HENRY SIMIDIAN

Account Review Hearing.

Recommend continuance to 08/25/20 to allow time to file and notice PrC§12200 Status Report of Administration.

Appearance by counsel not required.

 

2200737 ESTATE OF HENRY JOSEPH HARMON

Spousal Property Petition continued from 07/09/19, 09/04/19, 11/13/19 and 01/15/20.

No documents filed since prior hearing.  Prior notes remain:

  • Need Amended Spousal Property Petition.
  • Need Notice of Hearing and proof of mailing to Department of Health Services.
  • Need Spousal Property Order.

Inventory Review Hearing continued from 05/03/17, 08/02/17, 12/21/17, 12/11/18, 

09/13/18, 12/11/18, 02/27/19, 05/30/19, 07/09/19, 09/04/19, 11/13/19 and 01/15/20, and Account Review Hearing continued from 12/21/17, 01/12/18, 09/13/18, 02/279, 05/30/19, 07/09/19, 09/04/19, 11/13/19 and 01/2020.

  • May not be required as Spousal Property Petition filed.

Appearance by counsel mandatory by CourtCall.

 

2201023 ESTATE OF BERNICE RAE HOGAN

PrC§12200 Status Report of Administration.

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

  • Need explanation re settlement payments.
  • Need itemization of request for extraordinary fees.

Recommend continuance to 07/07/20 to allow time to cure defects.

Appearance by counsel not required.

 

2201197 ESTATE OF MARIE LUPE HARTER

Account Review Hearing continued from 10/16/18, 12/27/19, 02/21/19, 03/27/19, 07/10/19 and 12/11/19. 

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.

Appearance by counsel mandatory by CourtCall.

Attorney Ramsey could prepare petition for final distribution if he cannot find his clients.

 

2201228 ESTATE OF AUGUSTINA SALAZAR

Discharge Review Hearing.

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

Appearance by counsel mandatory by CourtCall.

 

2201447 ESTATE OF JEFFERY ALLEN SMITH

Inventory Review Hearing continued from 10/18/19, 01/24/19, 03/22/19, 05/17/19, 07/26/19 and 01/15/20:

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate as box not marked in caption of Inventory and Appraisal.

Spousal Property Petition continued from 01/15/20:

Petitioner should be spouse not administrator.

  • Item 3 of petition omitted.
  • Need Guardian ad Litem for minor children of decedent.
  • Need Notice of Hearing including proof of service to Department of Health Services.
  • Need Order.

Appearance by counsel mandatory by CourtCall.

 

PR18000215 ESTATE OF MARIA TORRES

Account Review Hearing continued from 08/28/19, 10/22/19 and 01/10/20.

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.

Appearance by counsel mandatory by CourtCall.

 

PR18000494 ESTATE OF SARA F. KWONG

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory by CourtCall.

 

PR19000103 ESTATE OF DIANA LYNN CAMPIOTTI

Inventory Review Hearing continued from 09/25/19.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/20/20.

Appearance by counsel not required.

 

PR19000258 ESTATE OF BETTY LOUISE KRAUSE

Account Review Hearing.

Recommend confirm 08/18/20 hearing on PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel not required.

 

PR19000288 ESTATE OF ROBERT DANIEL HENDERSON

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

  • Need Corrected Inventory and Appraisal:
  • Inventory and Appraisal needs to be completed by Steven G. Pallios, Probate Referee for Stanislaus County.
  • Attachments 1 and 2 need to be completed property along with total on front page.
  • Property Tax Certificate needs to be marked in caption along with Final and Corrected.
  • Item 4 and 5 need to be completed.
  • Need language re Notice to Franchise Tax Board.
  • Need copy of closing statement for sale of real property.
  • Need itemization of costs of administration including date, payee, explanation, payor and charge.
  • Need language re withhold for over $1,500.00 pursuant to local rules.
  • Distributions made in excess of $10,000.00 without Court Order.
  • Item 4a of Notice of Hearing omitted.
  • Need revised Order once defects are cured.

Recommend continuance to 06/18/20 to coincide with Inventory Review Hearing and to allow time to cure defects.

Appearance by counsel not required.

 

PR19000384 ESTATE OF LAVONNE J. WINGETT

Account Review Hearing:

  • Need Petition for Final Distribution or PrC§12200 Status Report of Administration with Notice of Hearing pursuant to PrC§12201.

Appearance by counsel mandatory by CourtCall.

 

PR19000530 ESTATE OF MANUEL L. MONIZ JR.

Inventory Review Hearing continued from 01/10/20.

Final Inventory and Appraisal on file.

Recommend confirm 08/04/20 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR19000749 ESTATE OF JOHN DAY CALDWELL

Petition for Final Distribution on Waiver of Account:

  • Need copy of closing statement for sale of real property.
  • Need additional information on request for extraordinary fees.
  • Need revised Order.

Recommend continuance to 08/18/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR19000930 ESTATE OF PATRICIA STOOPS

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate form completed and file as box in caption of Inventory and Appraisal not marked.

Recommend Account Review Hearing 12/03/20.

Appearance by counsel not required.

 

PR19000944 ESTATE OF JOSEPH YONAN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

  • Need Property Tax Certificate form completed and filed as box in caption of Inventory and Appraisal not marked.

Recommend Account Review Hearing 12/09/20.

Appearance by counsel not required.

 

PR19001077 ESTATE OF JEAN CHARLOTTE OGILE

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 01/05/21.

Appearance by counsel not required.

 

PR19001092 ESTATE OF JHELEN A. PEARSON

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 07/29/20 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

PR20000180 ESTATE OF JEFFREY ALLAN LANDUCCI

Petition for Probate and for Letters Testamentary:

  • No copy of Will attached to petition.
  • Item 5a(3) marked but no domestic partner listed under item 8.
  • Item 6 of petition inappropriately completed as there is living issue (daughter).
  • Item 7 of petition inappropriately completed as there is living issue (daughter).
  • Need Duties and Liabilities of Personal Representative.
  • Need explanation as to additional person on Notice of Hearing proof of service by mail.

Recommend continuance to 08/25/20 to allow time to cure defects.

Appearance by counsel not required.

 

PR20000196 ESTATE OF EDWARD BERDGE LIGHT

Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 12/09/20.

Court will sign submitted order, appearance not required.

 

Department 23

8:30 a.m.

 

PR20000177 MATTER OF ARSENIO FAMILY TRUST

Petition for Cancellation of Instrument; and Petition for Return of Property to the Trust; for Damages; for Dependent Adult Financial Abuse; for Fees and Costs continued from 03/27/20:

  • Opposition on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

WEDNESDAY, JUNE 10, 2020

 

Department 22

8:30 a.m.

 

84236 MATTER OF REIANNA DELGADO REVOCABLE TRUST

Account Review Hearing:

  • Need Eighth Account and Report of Trustee.

Appearance by counsel mandatory by CourtCall.

 

444857 MATTER OF KATHERINE O’KEEFE SPECIAL NEEDS TRUST

Account Review Hearing:

Recommend continuance to 08/25/20 as requested by attorney to allow time for completion and filing of Eighth Account and Report of Successor Trustees.

Appearance by counsel not required.

 

PR18000293 MATTER OF MELISSA NCIOLE LINHARES SPECIAL NEEDS TRUST

Account Review Hearing:

  • Need Second Account and Report of Trustee.

Appearance by counsel mandatory by CourtCall.

 

PR18000860 ESTATE OF HELGA GENTRY

PrC§12200 Status Report of Administration.

Recommend confirm 06/23/20 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by counsel not required.

 

PR19000740 ESTATE OF SHANE ANTHONY MONKHOUSE

Inventory Review Hearing:

Need bond in amount of $20,000.00.

Need Letters issued ASAP.

Appearance by counsel mandatory by CourtCall.

 

PR19000948 ESTATE OF TINA LECOCQ LEATHERWOOD

 

 

 

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

 

 

 

Recommend Discharge Review Hearing 12/10/20.

 

 

 

Court will sign submitted order, appearance not required.

 

 

 

 

 

 

 

PR19001035 ESTATE OF KATHLEEN ELEANOR WESLEY

 

 

 

Inventory Review Hearing.

 

 

 

Final Inventory and Appraisal on file.

 

 

 

Recommend Account Review Hearing 12/02/20.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR19001035 ESTATE OF KATHLEEN ELEANOR WESLEY

 

 

 

Inventory Review Hearing.

 

 

 

Final Inventory and Appraisal on file.

 

 

 

Recommend Account Review Hearing 12/02/20.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR19001054 ESTATE OF HAROLD DAN WOODALL

 

 

 

Inventory Review Hearing:

 

 

 

Letters issued 12/05/19.  Inventory and Appraisal due 04/05/20.

 

 

 

Need Final Inventory and Appraisal.

 

 

 

Appearance by counsel mandatory by CourtCall.

 

 

 

 

 

 

 

PR19001060 ESTATE OF MARGARET SARKISSIAN

 

 

 

Inventory Review Hearing.

 

 

 

Final Inventory and Appraisal on file.

 

 

 

Recommend Account Review Hearing 03/11/21.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR19001087 ESTATE OF BARBARA JOYCE BUCHET

 

 

 

Inventory Review Hearing.

 

 

 

Final Inventory and Appraisal on file.

 

 

 

Recommend Account Review Hearing 12/16/20.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR19001105 ESTATE OF KAREN M. ENSELEALLRED

 

 

 

Inventory Review Hearing:

 

 

 

Letters issued 12/17.19.  Inventory and Appraisal due 04/17/20.

 

 

 

Need Final Inventory and Appraisal.

 

 

 

Appearance by counsel mandatory by CourtCall.

 

 

 

 

 

 

 

PR19001273 ESTATE OF JAMES GARCIA

 

 

 

Petition to Compel Return of Estate Property; for Damages and for Attorney Fees and Costs continued from 02/04/20 and 03/11/20.

 

 

 

Recommend continuance to 08/25/20 as requested by attorney to allow time to file Request for Dismissal or Substitution of Attorney.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR20000104 ESTATE OF KENNETH WAYNE CARPENTER SR.

 

 

 

Petition for Letters of Administration:

 

 

 

Item 3g(2)(a) of petition omitted.

 

 

 

Item 3g(4) of petition inappropriately marked.

 

 

 

Need Notice of Petition to Administer Estate.

 

 

 

Need Proof of Publication.

 

 

 

Need Order.

 

 

 

Need Letters.

 

 

 

Recommend continuance to 07/30/20 to allow time to cure defects.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR20000111 MATTER OF GERALD R. DELLER

 

 

 

Spousal Property Petition:

 

 

 

Need proof of service to Department of Health Service.

 

 

 

Recommend continuance to 07/30/20 to allow time to cure defects.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR20000116 MATTER OF GLENN AND LOIS PAGE TRUST

 

 

 

Petition to Modify Trust:

 

 

 

Need Ex Parte Petitions for Appointment of Guardian ad Litem for each minor with unbiased guardian being appointed.

 

 

 

Need Consent to Petition to Modify Trust signatures notarized.

 

 

 

Recommend continuance to 08/25/20 to allow time to cure defects.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR20000128 MATTER OF MICHAEL PATRICK TRAINOR

 

 

 

Spousal Property Petition:

 

 

 

Item 7a of petition omitted.

 

 

 

Need proof of service to Department of Health Service.

 

 

 

Notice of Hearing form DE-120 revised as of 01/01/20 (use revised form).

 

 

 

Recommend continuance to 07/30/20 to allow time to cure defects.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

PR20000141 ESTATE OF MICHAEL LEWIS STEWART

 

 

 

Petition for Letters of Administration:

 

 

 

Need bond in amount of $337,500 unless Waivers by Heirs received.

 

 

 

Item 1 of petition names Modesto Bee instead of Patterson Irrigator.

 

 

 

Item 3c of petition omits county.

 

 

 

Need Corrected Inventory and Appraisal as Property Tax Certificate box in caption not marked, not signed by personal representative and Statement of Bond not completed.

 

 

 

Need Letters.

 

 

 

Recommend continuance to 07/30/20 to allow time to cure defects.

 

 

 

Appearance by counsel not required.

 

 

 

 

 

 

 

Department 24

 

 

 

8:30 a.m.

 

 

 

 

 

 

 

PR18000851 ESTATE OF ANITA L. VANWINKLE

 

 

 

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

 

 

 

Recommend Discharge Review Hearing 12/10/20.

 

 

 

Court will sign submitted order, appearance not required.

 

 

 

 

Last updated: June 05, 2020 12:05 PM