May 28, 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.

WEDNESDAY, MAY 27, 2020

 

Department 22

8:30 a.m.

 

2201311 ESTATE OF GWENDOLYN REYNOLDS

Related Case No. PR18000845 and PR1900039.

Petition for Preliminary Distribution continued from 03/24/20 and Status Review Hearing continued from 05/21/20:

  • Order for Preliminary Distribution filed 04/10/20.
  • Need status re Settlement Agreement compliance.

Appearance by counsel mandatory by CourtCall.

 

PR1800375 ESTATE OF CARMEN GOMEZ

Amended Petition for Final Distribution on Waiver of Account continued from 03/25/20:

  • Page 5, line 10, gives incorrect Inventory and Appraisal total and continues miscalculations.
  • Need itemization of all costs of administration including date, payee, explanation, payor and charge including request for reimbursement:
  • Need explanation for distribution without court order.
  • Need language re LR8.68.
  • Need Order.

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

Apperance by counsel not required.

 

PR18000845 ESTATE OF GWENDOLYN REYNOLDS

Related Case No. 2201311 and PR1900039.

Status Review Hearing continued from 05/21/20:

  • Need statuis re Settlement Agreement compliance.

Appearancy by counsel mandatory by CourtCall.

 

PR18000876 ESTTE OF GLORIA G. TORRES

Account Review Hearing continued from 03/25/20.

Recommend confirm 06/17/20 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by personal representative (pro per) not required.

 

PR19000039 ESTATE OF GWENDOLYN REYNOLDS

Related Case No. 2201311 and PR18000845.

Status Review Hearing continued from 05/21/20:

  • Need Status re Settlement Agreement compliance.

Appearance by counsel mandatory by CourtCall.

 

PR19000479 ESTATE OF BETTY JEAN SCHAFER

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

Recommend Discharge Review Hearing 11/18/20.

Recommend vacate 07/02/20 Account Review Hearing.

Appearance by counsel not required.

 

PR19000641 ESTATE OF RICHARD L. COTTA

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

Recommend Discharge Review Hearing 11/18/20.

Recommend vacate 08/13/20 Account Review Hearing.

Appearance by counsel not required.

 

PR19000852 ESTATE OF NELL IRENE KOCH

Inventory Review Hearing.

Final Inventory and Appraisal on file.

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

Recommend Discharge Review Hearing 11/18/20.

Appearance by counsel not required.

 

PR19000865 ESTATE OF DEBORAH G. NODULSKI

Inventory Review Hearing continued from 03/25/20:

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 08/18/20.

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 and 03/25/20:

Recommend continuance to 07/08/20 to coincide with competing petition for probate and PrC§850 Petition and Complaint to Quiet Title, and Declaratory Relief to Establish Title by Adverse Possession.

Appearance by counsel not required.

 

PR20000009 MATTER OF EHSAN AND PASHTOON ENTEZAR REVOCABLE LIVING TRUST

Petition for Determination of Validity of Trust Amendment and Accounting continued from 02/19/20 and 03/25/20:

  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

PR20000021 ESTATE OF PATRICIA ROSALIE QUINN

Petition for Letters of Administration continued from 03/25/20 recommended for approval.

Recommend Inventory Review Hearing 11/18/20.

Appearance by petitioners (pro pers) not required.

 

PR20000118 MATTER OF DUANE OLESEN LIVING TRUST

Petition for Order Confirming Trustee, and Confirming Property Owned by Trust (PrC§850) continued from 03/25/20.

Recommended for approval.

Appearance by counsel not required.

 

PR20000169 ESTATE OF SHIRLEY NORENE MILLER

Petition for Probate of Will and for Letters Testamentary continued from 03/25/20 recommended for approval.

Recommend Inventory Review Hearing 11/18/20.

Appearance by counsel not required.

 

PR20000171 ESTATE OF JONATHAN LEMUEL BUTLER

Amended Petition for Letters of Administration recommended for approval.

Recommend Inventory Review Hearing 11/18/20.

Appearance by counsel not required.

Need Letters

 

THURSDAY, MAY 28, 2020 

 

Department 22

8:30 a.m.

 

PR19000753 ESTATE OF JOHN BOER III

Related Case No. PR20000161 (competing petitions set for hearing on 07/08/20).

Motion for Order to Show Cause Why Order Cannot Issue on Robert w. Gomes’ Probate Petition for Administration of Estate of John Boer, III.

See Tentative Ruling.

 

FRIDAY,  MAY 29, 2020

No probate matters scheduled.

 

MONDAY,  JUNE 1, 2020

No probate matters scheduled.

 

TUESDAY, JUNE 2, 2020

 

Department 22

8:30 a.m.

 

220875 ESTATE OF KIRBY J. HENSLEY

Related to Case No. 402602.

Petition for Final Distribution on Waiver of Account:

  • Page 2, line 6, gives incorrect date.
  • Page 2, line 9, gives incorrect date.
  • Page 6, line 22, does not give date order filed with court.
  • Page 7, line 12, does not itemize filing fees.  Need explanation.
  • Need itemization of attorney’s fees and copy of agreement.
  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

402602 ESTATE OF LIDA G. HENSLEY

Related to Case No. 220875.

Petition for Final Distribution on Waiver of Account:

  • Page 2, line 2, gives incorrect date.
  • Page 2, line 4, gives incorrect date.
  • Page 2, line 7, gives incorrect date.
  • Page 6, line 18, does not itemize filing fees.  Need explanation.
  • Need itemization of attorney’s fees and copy of agreement.
  • Objection on file.

Possible Long Cause Matter.

Appearance by counsel mandatory by CourtCall.

 

444255 MATTER OF THE KODIAK RODDICK SPECIAL NEEDS TRUST

Petition to Approve Sixth and Final Account and Report of Trustee from 04/01/19 through 11/02/19, to Distribute Trust Assets, to Terminate Trust, to Discharge Trustee, to Confirm Trustee's Fees, and to Approve Attorney's Fees.

Recommended for approval.

Recommend vacate 07/23/21 Account Review Hearing.

Appearance by counsel not required.

 

2200220 MATTER OF LELAND HAYNES SPECIAL NEEDS TRUST

Related Case No. 2200221.

Account Review Hearing continued from 12/31/19 and 02/25/20.

Recommend confirm 07/22/20 hearing on Second Account and Report of Co-Trustees.

Appearance by counsel not required.

 

2200221 MATTER OF JACKSON HAYNES SPECIAL NEEDS TRUST

Related Case No. 2200220.

Account Review Hearing continued from 12/31/19 and 02/25/20.

Recommend confirm 07/22/20 hearing on Second Account and Report of Co-Trustees.

Appearance by counsel not required.

 

2200342 MATTER OF VELMA L. BRISTOW TESTAMENTARY TRUST

Account Review Hearing continued from 12/31/10 and 02/25/20.

No documents filed since prior hearing.  Prior notes remain:

  • Need Second Account and Report of Trustee.

Appearance by counsel mandatory by CourtCall.

 

PR18000472 ESTATE OF EDWARD ARTHUR PEARCE

Order to Show Cause:

  • Re: Sanctions for failure to appear at prior hearing.

Account Review Hearing continued from 02/25/20:

  • 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.

 

PR19000075 MATTER OF THE 2007 WRIGHT FAMILY TRUST

Successor Trustee Casey Brown’s Petition for Instructions continued from 03/13/19, 04/17/19, 06/13/19, 08/15/19, 10/09/19, 12/03/19 and 02/25/20:

  • Need status re Settlement Agreement and compliance.

Appearance by counsel mandatory by CourtCall.

 

PR19000156 ESTATE OF WILLIAM OLIVER LOFTIS

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.

 

PR19000244 ESTATE OF MARGIE MARTINEZ

Inventory Review Hearing continued from 11/15/19, 01/15/20 and 03/04/20.

No documents filed by personal representative since prior hearing.  Prior notes remain:

  • Letters issued 05/20/19.  Inventory and Appraisal due 09/20/19.
  • Need Final Inventory and Appraisal.

Appearance by personal representative (pro per) mandatory by CourtCall.

 

PR19000552 ESTATE OF DOUGLAS BERNARD PIERCE

Inventory Review Hearing continued from 01/07/20 and 02/25/20.

No documents filed since prior hearing.  Prior notes remain:

  • Letters issued 08/07/19.  Inventory and Appraisal due 12/07/19.
  • Need Final Inventory and Appraisal.

Appearance by counsel mandatory by CourtCall.

 

PR19000859 ESTATE OF JOE L. GROSS

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 12/16/20.

Appearance by counsel not required.

 

PR19000868 ESTATE OF WALLACE W. PRASHER

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 12/01/20.

Appearance by counsel not required.

 

PR19001185 MATTER OF DEBORAH ANN BENTKOWSKY

Petition to Determine Succession to Real Property continued from 01/14/20 and 02/25/20.

Recommended for approval.

Appearance by counsel not required.

 

PR20000300 ESTATE OF GERALD MANUEL LOPEZ

Petition for Letters of Administration:

  • Item 1 of petition omits name of newspaper.
  • Item 2b of petition omits name of petitioner.
  • Item 5a(7) or (8) of petition omitted.
  • Item 8 of petition omits name of predeceased spouse and date of death.
  • Need Duties and Liabilities of Personal Representative.
  • Need Letters.

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

Appearance by counsel not required.

 

PR20000302 ESTATE OF HAROLD DANIEL CARR

Petition for Letters of Administration recommended for approval

Recommend Inventory Review Hearing 12/02/20.

Appearance by counsel not required.

 

Department 23

8:30 a.m.

 

PR20000177 MATTER OF THE ARSENIO FAMILY TRUST

Respondents’ Motion for Reconsideration of Order Regarding Motion for Peremptory Challenge.

See Tentative Ruling.

 

WEDNESDAY, JUNE 3, 2020

 

Department 22

8:30 a.m.

 

431527 MATTER OF MIRIAM W. MORSE FAMILY TRUST

Account Review Hearing continued from 11/26/19:

  • Need Fifth Account and Report of Successor Trustee.

Appearance by counsel mandatory by CourtCall.

 

2200180 ESTATE OF SARKIS BABAKHAN

Account Review Hearing and PrC§12200 Status Report of Administration continued from 12/03/19.

  • Need Petition for Final Distribution.

Appearance by counsel mandatory by CourtCall.

 

2201131 MATTER OF JUAN JUACHE SPECIAL NEEDS TRUST

Petition for Instructions Re:  Spending Plan; to Authorize Investments in Mutual Funds and Bonds with Maturity Dates Greater Than 5 Years; and to Fix and Allow Attorneys’ Fees and Costs recommended for approval.

Recommend confirm 09/25/20 Account Review Hearing.

Court will sign submitted order, appearance not required.

 

2201405 ESTATE OF KATHERINE V. McKINNIS

Account Review Hearing and PrC§12200 Status Report of Administration continued from 03/24/20.

Recommend confirm 07/01/20 hearing on Petition for Final Distribution on Waiver of Account.

Appearance by personal representative (pro per) not required.

 

2201416 ESTATE OF SARAH IRENE ORTIZ

Account Review Hearing.

Amended Petition for Final Distribution on Waiver of Account:

  • Need Amended Corrected Inventory and Appraisal as 5a marked instead of 5b, and Promissory Note on Attachment 1 instead of Attachment 2 for valuation by Probate Referee.
  • Need Second Amended Declaration re Extraordinary Fees. 

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

Appearance by counsel not required.

 

2201462 ESTATE OF JOHN R. SWANSON

Order to Show Cause:

  • Re:  Failure to appear at prior hearing.

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

PrC§12200 Status Report of Administration and Petition for Order Allowing Partial Payment of Statutory Administrator’s and Attorneys’ Compensation.

  • Recommend payment of 25% of Statutory Administrator’s and Attorneys’ Compensation and Costs of Administration.
  • Need Notice of Hearing (mandatory judicial form).
  • Need Order. 

Appearance by counsel mandatory by CourtCall.

 

PR18000116 ESTATE OF GUADALUPE A. OROZCO

Related Case No. PR18000263.

Report of Sale and Petition for Order Confirming sale of Real Property:

  • Item 3 of petition not completed properly.
  • Item 4a of petition omits manner of vesting of title.
  • Item 4d of petition does not have a 10% deposit as required.
  • Item 5 of petition does not list both brokers.

Inventory Review Hearing:

  • Need Corrected Final Inventory and Appraisal for document filed 03/09/20 (appears all items belong on Attachment 2)
  • Need Reappraisal Inventory and Appraisal for sale of real property.

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

Appearance by counsel mandatory by CourtCall.

 

PR18000263 ESTATE OF GUADALUPE A. OROZCO

Related Case No. PR18000116.

Status Review Hearing:

  • Trailing Related Case No. PR18000116.

Recommend continuance to 08/18/20 to coincide with Related Case No. PR18000116.

Appearance by counsel mandatory by CourtCall.

 

PR18000291 ESTATE OF CYNTHIA D. PALOMINO

Account Review Hearing continued from 12/10/19.

Recommend continuance to 08/27/20 to allow time for estate tax returns to be completed.

Appearance by counsel not required.

 

PR18000413 ESTATE OF MOYA ARLENE PALMA

Related Case No. PR20000308.

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

Recommend Discharge Review Hearing 12/03/20.

Recommend vacate 09/25/20 Account Review Hearing.

Appearance by counsel not required. 

Need Order. 

 

PR18000728 ESTATE OF JOYCE BEST

Related Case No. PR19000618.

Order to Show Cause for failure to appear.

  • Re:  possible $300 sanctions for failure to appear at prior hearing.

Account Review Hearing continued from 02/14/20 and 03/24/20:

PrC§12200 Status Report of Administration.

Recommend continuance to 10/21/20 to allow time to complete sale of all real property.

Appearance by counsel mandatory by CourtCall.

 

PR19000200 ESTATE OF LINDA FAYE STEELY

Account Review Hearing continued from 04/21/20.

Petition for Final Distribution on Waiver of Account continued from 03/24/20 recommended for approval.

Recommend Discharge Review Hearing 12/03/20.

Court will sign the submitted order, appearance not required.

 

PR19000251 ESTATE OF PAULINE DUKE

Related Case No. PR19000411 and PR19000754.

Petition for Probate of Will and for Letters Testamentary filed by attorney Rodney A. Augustine on behalf of decedent’s son, David W. Duke.

Competing petition on behalf of decedent’s grandson, Christopher W. Duke.

Petition for Issuance of Citation Requiring Christopher Duke to Appear and Account for Estate Property filed by attorney Rodney A. Augustine and Steven Klamm on behalf of David W. Duke, son of decedent.

Petition for Order Confirming Estate Assets (PrC§850); for Order Directing Transfer of Assets to the Estate; for Injunction from Transferring Assets by Christopher Duke; for Two Times Damages; for Mandatory Attorney’s Fees and Costs; for compensatory Damages; and for Punitive Damages:

  • Objection on file.

Appearance by counsel mandatory by CourtCall.

Law and Motion:

Christopher Duke’s Motion to Compel Further Responses to Request for Production and Inspection of Documents and Request for Monetary Sanctions (originally fled on 06/17/19).

See Tentative Ruling.

 

PR19000411 ESTATE OF PAULINE DUKE

Related Case No. PR19000251 and PR19000754.

Petition for Appointment of Will and for Letters Testamentary continued from 06/18/19, 07/12/19, 09/13/19, 11/01/19, 12/12/19 and 02/13/20:

Competing petition filed by attorney Rodney A. Augustine on behalf of decedent’s son, David W. Duke.

Appearance by counsel mandatory by CourtCall.

 

PR19000655 ESTATE OF FRANCIS WILLIAM HELMICK JR.

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 09/29/20.

Appearance by personal representatives (pro per) not required.

 

PR19000679 ESTATE OF JOAN COULTER GARN

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend confirm 07/08/20 hearing on First and Final Account and Report and Petition for Final Distribution.

Appearance by counsel not required.

 

PR19000754 MATTER OF JACK W. AND PAULINE DUKE TRUST

Related Case No. PR19000251 and PR19000411.

Petition to Approve the First Account of Trustee continued from 11/01/19, 12/12/19 and 02/13/20:

  • Paralegals billing in excess of county norm and need to be revised.
  • Need explanation of maintenance and administration included under Exhibit E.  Billings need to be itemized with further explanation for each billing.
  • Need explanation as to why various purchases are not part of assets on hand at close of accounting. 
  • Need Order.
  • Objection on file.

Possible Long Cause Matter.

Petition for Breach of Trust and Removal of Trustee.

Appearances by counsel mandatory by CourtCall.

 

PR19000846 ESTATE OF ERNIE PARMLEY

Inventory Review Hearing.

Final Inventory and Appraisal on file.

Recommend Account Review Hearing 09/29/20.

Appearance by counsel not required.

 

PR19000849 ESTATE OF DONNA DEJONG

Inventory Review Hearing continued from 03/24/20.

Final Inventory and Appraisal on file.

Petition for Final Distribution on Waiver of Account continued from 03/24/20 recommended for approval.

Recommend Discharge Review Hearing 12/03/20.

Court will sign submitted order, appearance not required.

 

PR20000308 MATTER OF MOYA ARLENE PALMA TRUST

Related Case No. PR18000413.

Petition for Instructions, Validity of Trust and Modification of Trust.

Recommended for approval.

Court will sign submitted order, appearance not required.

Last updated: May 26, 2020 2:56 PM