July 3, 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.

FRIDAY, JULY 3, 2020

Court Holiday – Independence Day

 

MONDAY, JULY 6, 2020

No probate matters scheduled.

 

TUESDAY, JULY 7, 2020

 

Department 22

8:30 a.m.

 

2201023 ESTATE OF BERNICE RAE HOGAN

First and Final Account and Report and Petition for Final Distribution continued from 06/09/20 recommended for approval.

Recommend Discharge Review Hearing 01/07/21.

Court will sign submitted order, appearance not required.

 

2201451 ESTATE OF MARY JEAN SIMAO

Discharge Review Hearing.

Ex Parte Petition for Final Discharge and Order approved for signature.

Appearance by counsel not required.

 

2201517 MATTER OF THE ALFREDO G. DURAN TRUST

Related Case No. PR18000718.

Petition to Authorize and Instruct Trustee to Sell Trust Assets, Approve and Confirm Acts of Trustee to Sell Trust Assets and Disburse According to Trust Instructions continued from 03/11/20 and 04/22/20:

  • Need copy of Trust.
  • Need proof of personal service to Maria Eva Duran.

Appearance by counsel mandatory by CourtCall.

 

PR18000718 ESTATE OF ALFREDO G. DURAN

Related Case No. 2201517.

Inventory Review Hearing.

  • No asses in estate.

Petition for Voluntary Termination of Proceedings and Discharge of Executor.

Recommended for approval.

Court will sign submitted order, appearance not required.

 

PR18000784 ESTATE OF GUY TRUJILLO

First and Final Account and Report and Petition for Final Distribution continued from 04/22/20 recommended for approval.

Recommend Discharge Review Hearing 01/07/21.

Court will sign 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.

 

PR19000371 ESTATE OF MARGO SUZANNE BARELA

Petition for Letters of Administration continued from 05/31/19, 07/24/19, 09/18/19, 11/15/19, 01/15/20, 03/04/20 and 04/22/20:

  • Declaration filed 03/04/20 does not cure defects.
  • Caption of petition omits Authorization to Administer Under the Independent Administration of Estates Act.
  • Item 2b(3) of petition omitted and item 2b(1) inappropriately marked as no Will attached.
  • Item 2b(4) of petition inappropriately marked.
  • Item 3a of petition not fully completed.
  • Item 3c of petition omitted.
  • Item 3e(3) of petition omitted.
  • Item 3f(3) of petition inappropriately marked as no Will attached.
  • Item 3g(1)(b) of petition inappropriately marked as no Will attached.
  • Item 3g(2)(b) of petition – no Attachment 3g(2)(b).
  • Item 3g(3) of petition inappropriately marked.
  • Item 3g(4) of petition inappropriately marked.
  • Item 5a(5) or (6) of petition omitted.
  • Item 5a(7) or (8) of petition omitted.
  • Item 6 of petition inappropriately marked.
  • Item 7 of petition inappropriately marked.
  • Need explanation as to Notice of Hearing to Richard E. Yeager.
  • Need Duties and Liabilities of Personal Representative.
  • Need Proof of Publication.
  • Need Order for Probate.
  • Need Letters of Administration with original signature.

Appearance by petitioner (pro per) mandatory.

 

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, 02/13/20 and 06/03/20.

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

Appearance by counsel mandatory by CourtCall.

 

PR19000672 ESTATE OF GINA LA RAE BONNICI

Petition for Final Distribution on Waiver of Account continued from 06/05/20:

  • Need clarification re Disclaimer.
  • Copy of closing statement for sale of real property does not match facts laid out in petition.

Recommend continuance to 07/22/20 to cure defects and to coincide with OSC and Inventory Review Hearing.

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, 02/13/20 and 06/03/20:

  • Credit made to trust for overpayment of paralegal fees in excess of $125.00 per hour.  Recommend $145.00 per hour for future paralegal billings.
  • Objection on file.

Possible Long Cause Matter.

Petition for Breach of Trust and Removal of Trustee continued from 06/03/20.

  • Objection on file.

Possible Long Cause Matter.

Appearances by counsel mandatory by CourtCall.

 

PR19000896 MATTER OF WILLIAM CLARK SR.

Petition for Order Determining Title to Personal Property; Double Damages; Accounting of Power of Attorney; Attorney Fees, etc. continued from 11/19/19 and 03/17/20.

Recommend continuance to 9/15/20 pursuant to Stipulation and Order Continuing Hearing submitted for signature.

Appearance by counsel not required.

 

PR20000081 MATTER OF FRANK JULIAN SALES REVOCABLE LIVING TRUST

Petition to: 1. Objection to First Account; 2. Remedy Breach of Trust; and 3. For Order Removing Trustee(s) continued from 03/06/20 and 04/22/20:

  • Need Order.

Submitted to Judge for determination.

Appearance by counsel mandatory by CourtCall (in case trustee appears and objections).

 

PR20000250 ESTATE OF THOMAS BENTON JOHNSON

Petition for Probate of Will and for Letters Testamentary:

  • Item 4 of petition omitted.
  • Item 8 of petition does not list living issue of predeceased son.
  • Notice of Hearing DE-120 used inappropriately and old form revised first of the year.
  • Need Notice of Petition to Administer Estate.
  • Need Proof of Publication.
  • Need Letters.

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

Appearance by counsel not required.

 

PR20000300 ESTATE OF GERALD MANUEL LOPEZ

Petition for Letters of Administration continued from 06/02/20 recommended for approval.

Recommend Inventory Review Hearing 01/06/21.

Court will sign submitted order, appearance not required.

 

Department 24

8:30 a.m.

 

2200258 MATTER OF NICOLL AND EDITH GALBRAITH TRUST

Court Trial continued from 01/29/19, 11/13/19 and 05/05/20.

Appearances mandatory.

 

Fourth Account, Report and Petition for Settlement continued from 11/13/19 and 05/05/20.

Recommend continuance to 10/01/20 to coincide with Fifth Account, Report and Petition for Settlement.

Last updated: July 02, 2020 11:21 AM