Probate Notes

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.

 

POSTED SEPTEMBER 29, 2022, UPDATED 12/02/22

• Please help expand the list of qualified counsel willing to accept appointment in Probate matters, as either court-appointed counsel in Conservatorships pursuant to PrC§1471, Guardians ad litem, successor personal representatives in decedents' estates, and successor trustees. Keep an eye on these public notices in the coming weeks to learn more about the qualifications, requirements, and how to be added to the list of those willing to accept appointment.

• For appointment as counsel in a Conservatorship, please see the list of qualifications and requirements found in California Rule of Court 7.1103 and 7.1105.

• Review forms PR004, PR005, and GC-010 available for download on the Common Forms & Packets page here: https://www.stanislaus.courts.ca.gov/forms-filing/common-forms-packets for more information.  Remit your completed forms to the Superior Court.

 

POSTED DECEMBER 17, 2021

• Effective 01/01/2022, the fee for court-appointed legal counsel in conservatorship proceedings shall increase to $125.00 per hour.

 

POSTED OCTOBER 13, 2021

• It has come to the Court’s attention that due to changes in a major newspaper’s online publication submission procedure, some intestate proceedings are being published with reference to a request to “admit decedent’s wills and codicils, if any.”  The Court interprets the phrase “if any” as applying to the word “codicils”, as the next published sentence is “The will and any codicils are available for examination in the file kept by the Court”. Not only is the quoted language inconsistent, it is false, as there are no wills or codicils available for review in these proceedings.  One may reasonably rely on the misrepresentation and take no action believing a will has been or will be provided to the Court.  The Court cannot find this misleading notice to be harmless error.  As such, in these instances, the Court has ordered a republication with corrected language.  The Court has heretofore held that the republication fee is not reimbursable, however, given that the changes to the newspaper’s procedure are recent, and given the sheer volume of cases requiring republication, the Court will permit one republication fee to be reimbursable.  Requests for reimbursement will be granted for any one republication that occurs on or before June 1, 2022.

  Please note it also has recently come to the Court’s attention that the major newspaper may have revised, or may be revising, its online publication submission procedure to account for this issue.  

• 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. 

 

FRIDAY, DECEMBER 2, 2022

Department 24
8:30 a.m.

 

PR-20-001134 MATTER OF GEORGE T MORRISON JR. REVOCABLE SURVIVOR’S TRUST
Hearing on Respondent Donald E. Fischer’s Ex Parte Application for an Order Shortening the 30-Day Pretrial Deadline for the Hearing on His Motion for Summary Adjudication.
Appearance required (by VCourt if preferred).

 

Department 22
8:30 a.m.

PR-21-000291 ESTATE OF WILLIAM MATTHEW ARNOLD
Hearing on Petition for Final Distribution; for Order on First Account, etc. continued from 10/06/22:
Prior Notes have been cured.
Recommend approval of Petition.
Recommend Discharge Review Hearing 06/15/2023.
Appearance not required (by VCourt if preferred).

 

PR-21-000717 ESTATE OF VICTORIA VALDEZ CARRILLO, AKA VICTORIA CARRILLO 
Hearing on Petition for Final Distribution, Settlement of First and Final Account, Allowance of Attorney’s Fees continued from 10/05/22:
Prior Notes have been cured.
Recommend approval of Petition. 
Recommend Discharge Review Hearing 06/15/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000576 ESTATE OF JACK D. BARNES
Hearing on Petition for Letters of Administration reset from 07/21/22 due to court’s unavailability, continued from 09/27/22, 10/07/22:
Nothing filed since previous hearing. Prior Notes remain:
Affidavit of publication file marked 09/30/22 reflects a request to admit decedent’s Will and codicils, if any, but Petition alleges decedent died intestate.
Republication is required, and will not be reimbursable.
Appearance by Petitioner (self-represented) required (by VCourt if preferred.)

 

PR-22-000749 ESTATE OF JACQUELINE IDEN
Hearing on Petition for Letters of Administration continued from 08/23/22, 10/07/22:
Prior Notes have been cured.
Recommend approval of Petition.
Recommend Inventory Review Hearing 05/31/23.
Appearance not required (by VCourt if preferred.)

 

PR-22-000754 MATTER OF VICENTE T. OLMOS REVOCABLE LIVING TRUST
Hearing on Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Property as a Trust Asset; and Confirm Beneficiaries to Trust Assets [PrC§§850, 17200(a), 17200(b)(1)] continued from 09/28/22:
Prior Notes have been cured.
Consents of beneficiaries on file.
If no one appears to object, petition is recommended for approval.
Appearance not required (by VCourt if preferred).

 

PR-22-000933 ESTATE OF ANNA RAMOS
Hearing on Spousal Property Petition continued from 10/06/22:
•    Declaration filed on 11/29/22 alleges the real property was purchased outright with cash during the marriage, in the name of the decedent as a married woman. Please specify the nature/source of the cash used to purchase the property outright.
Recommend continuance to 01/13/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000552 ESTATE OF KENNETH MANN BROWNING
Prove-up hearing for admission of Will continued from 11/04/22:
Underlying cause of action: Petition for Probate of Will and for Letters Testamentary. 
Will is not self-proving or witnessed. Declarations of non-subscribing witness and notary public are on file. Matter of proving-up Will submitted to Judge for determination.
Appearance by counsel required.

 

TUESDAY, DECEMBER 6, 2022
Department 22
8:30 a.m.

426407 MATTER OF THE EZRA CAMACHO SPECIAL NEEDS TRUST
Hearing on Sixth Account and Report of Trustee and Petition for its Approval and Settlement, for Court Discretion Regarding Bids; for Allowance of Trustee’s Fees; Allowance of Attorney’s Fees continued from 09/15/22:
•    Trustee’s Declaration file marked 11/21/22 reflects that bond was increased to $257,000.00 (although the court did not order it so). 
      o    Attached to Declaration as a copy of the invoice showing the bond amount and payment of premiums, but a Bond Rider with sealed signature has not been filed. 
      o    Recommend court approve request to increase bond by $43,000.00, for total bond of $300,000.00. Recommend court order Trustee to file Bond Rider showing current amount of bond prior to approving Accounting.
•    Trustee proposes that the court authorize forgiveness of the $102,471.91 (at time of end of Account period) accounts receivable for unpaid rent by the beneficiary’s parents, and that the court require no further rent be charged so long as the parents continue to provide care to the beneficiary. Submitted to court for determination.
      o    Pleadings allege that parents provide 16 hours of in-home care to the beneficiary, for which they receive no payment. 
Appearance by counsel required (by VCourt if preferred).

 

PR-19-000504 ESTATE OF DAVID GEORGE TARONE
Order to Show Cause issued 09/08/22 to personal representative’s counsel:
•    To appear and show cause why sanctions should not be imposed for failure to appear, failure to file for Discharge.
Discharge Review Hearing continued from 07/27/21, 10/26/21, 04/07/22, 09/08/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Receipts of distribution not on file.
•    Ex Parte Petition for Final Discharge and Order not yet submitted.
Appearance by counsel required (by VCourt if preferred).

 

2201131 MATTER OF JUAN JUACHE SPECIAL NEEDS TRUST
Account Review Hearing:
Third Account and Report of Trustee has been filed and set for hearing on 12/14/22.
Hearing of 12/14/22 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000255 ESTATE OF JOE L. HOUSEWRIGHT
Account Review Hearing: 
Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order personal representative to file PrC§12200 Status Report within 90 days of today’s hearing date if estate is not in a position to be closed.
Recommend continuance to 04/25/23 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-22-000286 ESTATE OF MARTHA CONLEY
Inventory Review Hearing:
Final Inventory and Appraisal on file.
•    Inventory and Appraisal appears to have incorrectly listed real property on Attachment 1 instead of Attachment 2.
•    Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 06/21/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000307 ESTATE OF SHIRLEY LANGLEY
Inventory Review Hearing:
Letters issued 06/06/22. Inventory and Appraisal due 10/06/22.
Partial No. 1 Inventory and Appraisal on file.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 06/21/23 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.
Final Inventory and Appraisal must be filed before next hearing.
Appearance not required (by VCourt if preferred).

 

PR-22-000031 JULIAN LOPEZ FAMILY TRUST
Hearing on Petition for Removal of Co-Trustees and Appointment of Successor Trustee, to Compel Accounting and to Obtain Documents in Support of Accounting, for Reimbursement of Costs and Fees for Petition, and to have Co-Trustees Surcharged (PrC§§15642, 17200, et seq.) continued from 03/29/22, 07/28/22:
Objection filed – 05/13/22.
Possible long cause matter.
Objector has filed an Accounting as ordered by the court, now set for hearing on 01/19/23. A Notice of Hearing is not yet on file [PrC§§1064(b), 17203).
Petitioner has filed a Motion, now set for hearing 01/24/23.
Appearance by Objector (self-represented) and Petitioner’s counsel required (by VCourt if preferred).

 

PR-22-000319 ESTATE OF FABIAN PARA DEL RIO
Order to Show Cause issued 09/08/22 to Petitioner:
•    To appear and show cause why sanctions should not be imposed for failure to appear on 09/08/22.
•    Failure to appear, failure to cure case defects may result in dismissal of case.
Hearing on Petition for Letters of Administration continued from 05/11/22, 06/10/22, 09/08/22:
•    Attachment 3g(2)(a), explaining Petitioner’s entitlement to Letters, not attached.
      o    Declaration file marked 08/01/22 omitted Attachment 3g(2)(b).
      o    Examiner does not consider the above to be fatal, as the person entitled to Letters has not filed a competing petition for probate (PrC§8461).
Recommend approval of Petition.
Appearance by Petitioner (self-represented) mandatory (by VCourt if preferred).

 

PR-22-000751 ESTATE OF MARGARITO PEREZ
Hearing on Amended (file marked 12/02/22) Spousal Property Petition continued from 08/23/22, 10/18/22:
•    Item 9 was left blank (names, relationships, ages, and residence or mailing addresses for all those identified in item 5).
•    Attachment 7a was omitted. Please review item 7a.
      o    If the property is “real property”, a recorded grant deed showing current title of the property must be filed.
•    Notice of Hearing not on file following filing of Amended Petition (see California Rule of Court 7.53).
•    Form DE-226, Proposed Order, submitted 12/02/22:
      o    Attachment 5a was omitted (description of the decedent’s property that the court will order passes to the Petitioner).
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Recommend continuance to 02/08/23 to allow time to cure defects, provide notice.
Appearance not required (by VCourt if preferred).

 

PR-20-000504 ESTATE OF HERMINIA A SCHMEHL
Hearing on Second Report of Executor Regarding the Status of Administration and Closing Matters of the Estate (PrC§12200; Local Rule 8.82):
Notice appears complete.
Recommend Account Review Hearing 09/12/23 to allow time for close of the estate.
Appearance not required (by VCourt if preferred).

 

PR-21-000110 James R. Ortez, Jr. 2008 Revocable Family Trust 
Hearing on Petition to Remove Trustee and to Appoint Successor Trustee:
If no one appears to object, Petition is recommended for approval except that the requested attorney’s fees are subject to prove-up.  
Appearance required (by VCourt if preferred).

 

PR-21-000718 ESTATE OF CHRISTA GARDNER
Hearing on First and Final Report of Administrator, etc., and Petition for Final Distribution:
Notes have been cured.
Request for extraordinary compensation submitted to the court for determination.
Recommend court vacate Account Review Hearing 03/02/23.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-001108 ESTATE OF MARY JESSIE RAMIREZ
Hearing on Amended Spousal Property Petition (file marked 11/30/22):
•    Notice of Hearing not on file following filing of Amended Petition (see CRC 7.53).
Recommend continuance to 01/27/23 to allow time for notice.
Appearance not required (by VCourt if preferred).

 

PR-22-001112 ESTATE OF LESLIE LAWRENCE NEWTON, JR.
Hearing on Petition for Letters of Administration:
•    Petition item 3d was not completed; instead of giving the estimated value of the decedent’s estate, the words “personal injury claim” are written. 
      o    A Declaration regarding the necessity for probate of decedent’s estate has not been filed.
•    Petition item 3e was omitted (regarding bond).
•    Petition item 4 was checked, but petition alleges decedent died intestate (statement that decedent’s will does not preclude administration under the IAEA).
Recommend continuance to 01/27/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-001113 ESTATE OF MICHAEL S. CHEN
Hearing on Petition for Probate of Will and for Letters Testamentary:
Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
Recommend continuance to 01/27/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-001115 ESTATE OF JANET M. MASSEY
Hearing on Petition for Probate of Will and for Letters Testamentary:
Will is not self-proving.  Proof of Subscribing Witness on file. First Codicil appears to be self-proving.
Notes have been cured.
Recommend approval of Petition, and admission of Will & codicil to probate.
Recommend Inventory Review Hearing 05/31/23.
Appearance not required (by VCourt if preferred).

 

PR-22-001117 ESTATE OF KEVIN R. OSKOVICH, AKA KEVIN RICHARD OSKOVICH
Hearing on Petition for Letters of Administration:
Recommend approval of Petition. Bond of $350,000.00 appears adequate.
Need proposed Letters.
Recommend Inventory Review Hearing 05/31/23.
Appearance not required (by VCourt if preferred).

 

 

Add-on:
PR-18-000116 ESTATE OF GUADALUPE A. OROZCO, AKA LUPE OROZCO
Hearing on  Ex Parte Application for Order Shortening Time on Petition for Orders to Enforce Judgment Directing Fiduciary to Act Notwithstanding Appeal [PrC§1310(B)] filed by Samuel R. Orozco, Sr.; Paul R Orozco; Samuel Orozco, Jr.; and Jeremy Orozco continued from 12/01/22:
Opposition filed – 12/01/22.
Appearance required (by VCourt if preferred).
 

9:30 a.m.

PR-20-001158 ESTATE OF HECTOR CORNEJO
Court Trial
Appearances mandatory.

 

 

WEDNESDAY, DECEMBER 7, 2022
Department 22
8:30 a.m.

388580 MATTER OF JEREMY MILLER SPECIAL NEEDS TRUST
Bond Review Hearing: 
•    Proof of supplemental bond not on file as ordered per Order file marked 01/07/21.
•    Sixth Account claims that counsel was told by the insurance company that the company does not emboss “an increase to the bond”. 
      o    Recommend court order Trustee to file a Declaration with:
                X    Copy of (photocopy of) supplemental bond;
                X    Copy of email exchange wherein bond agent advised it would not provide Trustee with a bond rider with original seal. 
Hearing on Petition for Order Approving Sixth Account and Report of Trustee, and for Attorney’s Fees and Costs:
•    Statement regarding family/affiliate relationship omitted [see PrC§1064(a)(4)].
•    Paragraph 8 (calculation of bond) subparagraph a. appears to base the bond calculation on the property on hand at the beginning of the account period ($220,737.53) and not the end of the account period ($295,621.68 – per Summary of Account).
      o    Proposed amount of supplemental bond does not appear to be sufficient.
•    Paragraph 8 appears to misstate the amount of current bond. The court’s prior order which increased the bond (file marked 01/07/21) ordered bond be increased to $248,000.00.
•    Paragraph 10 (attorney’s fees and costs):
      o    Hourly rate does not match Attachment C.
      o    Total attorney time spent does not match Attachment C.
•    Schedule A (Receipts) total of Dividend interest does not appear correct. This does not appear to have impacted the Grand total of income reflected at the bottom of this Schedule, as that appears correct.
•    Schedule C (Disbursements) identifies the payor but not the purpose [PrC§1062].
•    Notice of Hearing not on file.
•    Proposed Order not on file.
Recommend court place related case on file on the court’s own motion, pursuant to Notices dated 03/11/22 from the Court Investigator, for failure to remain in contact with the Court Investigator. 
Recommend continuance to 03/29/23 to allow time to cure defects, provide notice.
Appearance not required (by VCourt if preferred).

 

2200521 MATTER OF ZALEEYA DE LA TORRE TRUST
Account Review Hearing continued from 09/08/22:
Fourth Account and Report of Trustee has been filed and set for hearing 02/22/23.
Hearing of 02/22/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

2200522 MATTER OF JUAN DE LA TORRE SPECIAL NEEDS TRUST
Account Review Hearing continued from 09/08/22:
Fourth Account and Report of Trustee has been filed and set for hearing 01/12/23.
Hearing of 01/12/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-19-000965 MATTER OF THE RUTH M. MAPLES REVOCABLE TRUST
Hearing on First Amended (file marked 10/26/22) Interim and Final Account and Report of Trustee continued from 11/17/22:
Notice appears complete.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-000815 ESTATE OF BUDDY JOE LYNCH
Inventory Review Hearing continued from 08/25/22:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 03/28/22. Inventory and Appraisal due 07/28/22.
Final Inventory and Appraisal not on file.
•    Recommend court compel Co-Personal Representatives to file the Final Inventory and Appraisal pursuant to Probate Code § 8804, or face possible sanctions including removal from office.
Appearance by co-personal representatives (self-represented) required (by VCourt if preferred).

 

PR-21-000924 ESTATE OF CYNTHIA JOAN CULBRETH
Inventory Review Hearing continued from 09/08/22:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 04/08/22. Inventory and Appraisal due 08/08/22.
Final Inventory and Appraisal not on file.
•    Recommend court compel Personal Representative to file the Final Inventory and Appraisal pursuant to Probate Code § 8804, or face possible sanctions including removal from office.
Appearance by personal representative and counsel required (by VCourt if preferred).

 

PR-21-001435 ESTATE OF ROBERT M. ROSE
Inventory Review Hearing continued from 09/08/22:
Final Inventory and Appraisal on file.
•    Total of Attachment 2 appears to contain a mathematical error. This error has also caused the Grand Total to be incorrect. A Corrected Inventory and Appraisal is anticipated.
•    Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 06/21/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000869 ESTATE OF EVELYN NED-JOHNSON
Order to Show Cause issued 09/20/22 to Petitioner:
•    To appear and show cause why case should not be dismissed for failure to appear on 09/30/22, failure to cure defects.
Hearing on Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 09/20/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Heading of page 1 of Petition omitted checkbox for administration under the Independent Administration of Estates Act (IAEA).
•    Petition item 1 omitted name of newspaper where notice is to be published.
•    Petition item 2 omitted Petitioner’s name.
•    Petition item 3c omitted county of decedent’s residence at time of death.
•    Petition item 3d was left blank (estimated value of estate).
•    Petition item 3g reflects that the decedent’s Will did not name an Executor. Therefore, a Petition for Letters Testamentary does not appear appropriate. Please see Probate Code section 8440 re Administrator with Will Annexed.
•    Petition item 3g(2)(c) omitted Petitioner’s relationship to the decedent.
•    Petition item 8 must identify the names and addresses of all those named in the Will, as well as the decedent’s intestate heirs. If any are deceased, please include the date of death. See Petition item 8 and Local Rule 8.26.
•    Copy of Lost Will attached to Petition appears to be a holographic Will. 
      o    A typewritten copy of the Will was not attached. See Local Rule 8.24.
      o    Proof of holographic instrument or Declaration not on file. See Probate Code sections 6111 and 8222.
      o    Declaration of Lost Will not on file. See Probate Code section 6124.
•    Will does not appear to waive bond. Waivers of Bond (form DE-142) not on file from all beneficiaries. Bond may be required.
•    Form DE-147 Duties and Liabilities not on file.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Proof of publication not on file.
•    Proposed Order (form DE-140) and Letters (form DE-150) not submitted.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm. Local Rules may be downloaded from https://www.stanislaus.courts.ca.gov/general-information/local-rules-fe… 
Appearance by Petitioner (self-represented) mandatory (by VCourt if preferred).

 

PR-22-000849 ESTATE OF DONALD FRANK WILTON
Hearing on Amended Petition (file marked 11/17/22) for Probate of Will and for Letters Testamentary continued from 09/28/22:
•    Affidavit of publication not on file following filing of Amended Petition (see CRC 7.53).
•    Petition item 3c alleges that decedent was not a resident of this county for more than 2 months prior to his death. Petitioner has filed points and authorities regarding this court’s jurisdiction over decedent’s estate. Submitted to Judge for determination once notice is perfected (CRC 7.53).
Will is not self-proving.  Proof of Subscribing Witness on file.
Recommend continuance to 01/20/23 to allow time for publication.
Appearance not required (by VCourt if preferred).

 

2200062 ESTATE OF MARY RUBY ANDRUS, AKA MARY R. ANDRUS, MARY ANDRUS
Hearing on Petition for First Account of Administrator, Settlement of Account and Status Report:
•    Notices of Proposed Action do not appear to have been filed for those acts the personal representative took without court supervision (Local Rule 8.100 D).
•    Statement regarding interest bearing accounts omitted [see PrC§1064(a)(5)].
•    Characterization of property omitted (Local Rule 8.83 H).
•    Report omitted statement regarding claims (PrC§§11005, 9154).
•    Report omitted statement regarding notice to public entities, including the Franchise Tax Board and Department of Health Care Services (PrC§9202).
•    Copies of Final Seller’s Statements were not attached.
•    Schedule F (Disbursements) includes a disbursement to the personal representative of $8,640.00 on 1/16/18 for “clean up and sale prep”.  Please clarify this disbursement as it appears to be a payment to the personal representative.
•    Notice of Hearing not on file for attorney representing the personal representative of estate of deceased beneficiary.
•    Proposed Order not yet submitted.
Recommend court find this pleading to be a First Account Current and not a PrC§12200 Status Report; recommend court order refund of the $200.00 filing fee.
Recommend continuance to 03/29/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

444235 ESTATE OF JOHN MACHADO
Hearing on Final Account and Report of Executor and Petition for its Settlement, for Allowance of Statutory Compensation to Attorney, and for Final Distribution:
•    Report paragraph 10 does not appear to comply with PrC§9202(b) (“is or has previously been confined”).
•    Report paragraph 30: fee computation appears to contain a mathematical error (1% of the amount over $1,000,000.00 is not $11,343.55). 
      o    This has caused the calculation of statutory compensation to be incorrect.
      o    Prayer paragraph 3 is effected by the same mathematical error.
•    Report Paragraph 35 states that the first preliminary distribution was $240,000.00, which was what the court ordered on 05/22/12, however the Receipt of Distribution file marked 06/04/12 reflects receipt of $269,315.74.
•    Proposed Order:
      o    Amount of statutory compensation is incorrect. Please see note above.
      o    Please specify the amount that will be distributed to the beneficiary after payment of attorney’s fees and costs. Court will compare this Order to the future receipt.
Recommend continuance to 03/23/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-001102 ESTATE OF STEPHEN NEAL HANSEN, AKA STEPHEN N. HANSEN, STEPHEN HANSEN
Hearing on Petition for Probate of Will and for Letters Testamentary:
Name of beneficiary served per Notice of Petition has a different spelling then individual identified in the Petition and in the Will.
Recommend continuance to 01/20/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-22-001125 ESTATE OF THOMAS ANTHONY BUENO, AKA THOMAS BUENO, TOM BUENO
Hearing on Petition for Probate and for Letters of Administration with Will Annexed:
Petition item 2a omitted (request to admit decedent’s will to probate).
Recommend continuance to 01/20/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-22-001151 ESTATE OF CAROL JUNE GRESS
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Need Letters.
Recommend Inventory Review Hearing 06/13/23.
Appearance not required (by VCourt if preferred).

 

PR-22-001154 ESTATE OF SUSAN ZAIA
Hearing on Petition for Letters of Administration:
No defects found in pleadings.
Waivers of bond not on file for all intestate heirs. Bond may be required. 
Appearance by counsel required to address bond (by VCourt if preferred).

 

PR-22-001166 ESTATE OF FLORA JACOB
Hearing on Petition for Probate of Lost Will and for Letters Testamentary:
•    Petition item 8 omitted name and date of death of decedent’s spouse.
•    Petition item 8 included second generation heirs but not the deceased ancestor through which they take (please see Local Rule 8.26 E).
      o    A Family Tree may be helpful.
•    Affidavit of publication not on file.
Declaration re: Lost Will attached to petition alleges that Petitioner had possession of the original Will after decedent’s passing and thereafter misplaced it.
•    Proposed Order does not have the word “Lost” inserted in item 2c(2) (admission of Will), nor are the terms of the Lost Will attached to the proposed Order (PrC§8223).
Recommend continuance to 02/23/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

Add-on:
PR-22-000686 MATTER OF OZBIRN FAMILY 1993 TRUST
Hearing on Amended Petition (file marked 11/02/22) for Direction (PrC§17200) continued from 09/08/22, 11/17/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Exhibit 1 not attached to Amended Petition.
•    Exhibit 2 not attached to Amended Petition.
•    Notice of Hearing on the Amended Petition appears defective: untimely [PrC§17203(a)].
Appearance by counsel required (by VCourt if preferred).

 

9:00 a.m.

445288 MATTER OF THE GEORGE T. MORRISON JR. REVOCABLE SURVIVOR’S TRUST
Related Case Nos. 445288 and PR-20-001134 and PR-19-000546
Status Review Hearing continued from 10/20/22:
Appearances mandatory (by VCourt if preferred).

 

THURSDAY, DECEMBER 8, 2022
Department 23
8:30 a.m.

 

PR-22-000418 JOHN HAMM TRUST
Order to Show Cause issued to Petitioner 10/27/22:
•    To appear and show cause why monetary sanctions should not be imposed for her failure to appear on 10/27/22.
Appearance by Petitioner (self-represented) mandatory.

 

PR-22-000423 ESTATE OF LISA TINA WATSON, AKA LISA T. WATSON, LISA WATSON
Review Hearing set by court 11/10/22:
•    To receive consent of Anthony Johnston, Esq, to appointment as Guardian ad litem for the minor heirs of the decedent’s estate.
Hearing on Petition for Letters of Administration (by Calvin Watson) continued from 06/01/22, 07/29/22, 11/10/22:
Prior Notes remain:
•    Item 3e omitted (regarding bond).
•    Request that bond not be required is not recommended for approval for reasons stated in request. Waivers of bond are not on file. Bond may be necessary. See Probate Code sections 8481 and 1003. 
Objection filed – 07/27/22. Proof of service of Objection not on file.
Appearance by Petitioner(s) and Objectors (self-represented) required (by VCourt if preferred).

Hearing on Petition by Thomas and Dorothy David to Confirm Decedent’s Inter Vivos Trust, Confirm Successor Co-Trustees, and for an Order Transferring Intended Trust Assets into Decedent’s Trust (Probate Code Section 850, Heggstad Petition) continued from 11/10/22:
If no one appears to object, Petition is recommended for approval.  
Appearance by Petitioner(s) and Objectors (self-represented) required (by VCourt if preferred).

 

Department 22
8:30 a.m.

 

PR-21-000099 MATTER OF SHIRLEY LABASS
Hearing on Ex Parte Application for Order to Correct Original Order Authorizing Particular Transaction and for Creation of Financial Power of Attorney for Incapacitated Spouse and for Advance Health Care Directive/Medical Power of Attorney for Incapacitated Spouse:
Original Order file-marked 05/04/21.
Notice of Ex Parte hearing on file, notice on second-degree relatives appears complete.
Proposed Order conforms.
If no one appears to object, recommend approval of ex parte application.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000146 ESTATE OF RUFUS LEE HARRIMAN
Account Review Hearing:
Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court direct successor personal representative to file PrC§12200 Status Report of Administration within 90 days of today’s hearing if estate is not in a position to be closed.
Recommend continuance to 03/30/23 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).

 

PR-21-000341 ESTATE OF MEK FRANK INTHAVONG
Account Review Hearing continued from 09/20/22:
On 09/20/22, the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
•    Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to be personally present pursuant to PrC§12202:
      o    To show condition of estate and why estate cannot be distributed and closed;
      o    So that court may order Administrator to prepare and file a First Account Current at the court’s discretion pursuant to PrC§12202(b).
      o    Noncompliance may result in removal of personal representative from office (PrC§§12204, 8500).
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

 

PR-21-000528 ESTATE OF ERNESTINE LEDFORD
Account Review Hearing:
Property Tax Certificate (Probate Code 8800(d)) is on file.
A Petition for Final Distribution has been filed and set for hearing 12/13/22.
Hearing of 12/13/22 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000965 ESTATE OF PATRICIA ANNE STEAD
Inventory Review Hearing:    
Final Inventory and Appraisal is on file.
•    Total of Attachment 2 does not appear correct. This has caused the total for the Final Inventory and Appraisal to also be incorrect.
A Petition for Final Distribution has been filed and set for hearing 03/07/23.
Hearing of 03/07/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-001463 ESTATE OF BRIAN SCOTT DANIEL
Inventory Review Hearing:
Letters issued 06/09/22. Final Inventory and Appraisal due 10/10/22.
Partial No. 1 Inventory and Appraisal on file. Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 07/06/23 when PrC§12200 Status Report will be due, if Petition for Final Distribution is not on file.
Inventory and Appraisal must be filed before next hearing.
Appearance not required (by VCourt if preferred).

 

PR-22-000424 ESTATE OF JERRY RAYMOND COEN, SR.
Inventory Review Hearing:
Final Inventory and Appraisal on file.
A Petition for Final Distribution has been filed and set for hearing 04/05/23.
Hearing of 04/05/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-22-000438 ESTATE OF PATRICIA VERA, AKA PATTI VERA
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 07/13/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000439 ESTATE OF BENJAMIN A. DAVIS
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 09/14/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000441 ESTATE OF CONSTANZA TOLENTINO
Inventory Review Hearing:
Final Inventory and Appraisal on file.
•    Attachment 2 appears to have been mislabeled as Attachment 1.
Recommend Account Review Hearing 09/28/23.
Appearance not required (by VCourt if preferred).

 

PR-18-000314 ESTATE OF DIANE FRANCIS BELLO, AKA DIANE FRANCIS KAISER
Hearing on PrC§12200 Status Report of Administration:
•    Signature line for attorney was left blank.
•    Report was not verified by the personal representative.
•    Report does not state how long is needed for close of the estate.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-000549 ESTATE OF RICK M. DUFFEY
Hearing on First and Final Report of Executor; Petition for Final Distribution; etc.:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 06/15/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001239 ESTATE OF CHARLOTTE RAE JUNQUEIRO, AKA CHARLOTTE R. JUNQUEIRO
Hearing on First and Final Account and Report, etc., and Petition for Final Distribution:
Recommend approval of Account and Petition.
Recommend court vacate Account Review Hearing 02/22/23.
Recommend Discharge Review Hearing 06/15/23.
Appearance not required (by VCourt if preferred).

 

 

PR-22-000975 Jackson Family Trust 
Petition for Order Instructing Trustee to Sell Membership Interest in Quinto Land Company LLC
Thomas E. Jackson, an interested party, has requested a six-month continuance of the hearing so that he can obtain an appraisal and engage in any necessary discovery.
Hearing Required – The Court is inclined to give Mr. Jackson an extension of time to file a responsive pleading, but counsel for Mr. Jackson shall be prepared to address why a six-month continuance is required.
Appearance required (by VCourt if preferred).

 

PR-22-001191 ESTATE OF BETTY JEAN GREGER, AKA BETTY J. GREGER, BETTY GREGER
Hearing on Petition for Probate of Will and for Letters Testamentary:
Affidavit of publication not on file.
Recommend continuance to 01/27/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

 

FRIDAY, DECEMBER 9, 2022
Department 22
8:30 a.m.

PR-20-000296 ESTATE OF AUDREE LA VONNE GADA
Hearing on First and Final Report of Executor, etc., and Petition for Final Distribution continued from 05/05/22, 05/25/22, 08/31/22 and reset from 10/14/22 due to the court’s unavailability:
•    Supplement file marked 06/17/22, Paragraph 20 (statutory compensation) appears to contain a mathematical error. Please see the calculator tool online at https://www.stanislaus.courts.ca.gov/divisions/probate/calculator-tools 
•    Proposed Order submitted 10/24/22: 
      o    Does not appear compliant with CRC 7.650(b) – inclusion of will’s provisions relating to the creation of the Testamentary Trust (in third person). Please see decedent’s Will section seven, paragraph 10 regarding Trustee’s powers and paragraph 12 regarding bond.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000355 ESTATE OF ARTHUR VINCENT MONTANO
Hearing on Petition for Letters of Administration continued from 05/17/22, 08/30/22 and reset from 10/14/22 due to the court’s unavailability:
Notes have been cured.
Waivers of bond not on file. Bond is only issue remaining.
Appearance by counsel required to address bond (by VCourt if preferred).

 

PR-22-000711 ESTATE OF PATRICIA ANN ARNOLD
Hearing on Petition to Determine Succession to Real Property continued from 08/23/22 and reset from 10/14/22 due to the court’s unavailability:
Prior Notes have been cured. Corrected Inventory and Appraisal is on file.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

PR-22-000780 ESTATE OF DIANE CHRISTINE HOLLISTER
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 08/30/22 and reset from 10/14/22 due to the court’s unavailability:
Prior Notes have been cured.
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file, but Will appears not to have been witnessed.
      o    Declaration file marked 07/19/22 appears to be made pursuant to PrC§8221 regarding testator’s handwriting and PrC§6110 testamentary intent. 
                X    Request to admit will submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

 

PR-22-000805 ESTATE OF EDDIE RAY FOREST
Hearing on Petition to Determine Succession to Real Property continued from 09/01/22 and reset from 10/14/22 due to the court’s unavailability:
Nothing filed since previous hearing. Prior Notes remain:
•    Item 2b omitted (date of death).
•    Copy of grant deed showing current title was not attached or provided on separate pleading. See Local Rule 8.99.
•    Affidavits of Death of Joint Tenant not attached or filed separately; Quitclaim Deed referenced in the body of the Petition (demonstrating severing of joint tenancy) not on file.
•    Proposed Order not yet submitted.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000819 ESTATE OF JOSE ALVAREZ
Hearing on Spousal Property Petition continued from 09/08/22 and reset from 10/14/22 due to the court’s unavailability:
•    Please file the notarized Disclaimer as a separate pleading in the court’s file, not as an Exhibit to any other pleading.
•    Proposed Order: Remove copy of Disclaimer. Please see Local Rule 8.41 (location of Judge’s signature line).
Recommend continuance to 01/27/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000864 ESTATE OF GLORIA FLORES
Letters of Special Administration expired 10/14/22. 
Hearing on Petition for Letters of Administration continued from 09/13/22 and reset from 10/14/22 due to the court’s unavailability:
Nothing filed since previous hearing. Prior Notes remain:
•    Item 3c omitted county of decedent’s residence at time of death.
•    Proof of publication not on file.
•    Proposed Order and Letters not submitted.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000948 ESTATE OF ELOISE BARBARA BARBER
Hearing on Petition for Letters of Administration continued from 10/20/22:
Prior Notes have been cured.
Proposed Administrator was nominated by person without the highest priority. Person with highest priority has not filed a Petition for Probate.
Recommend approval of Petition. Bond of $380,000 appears adequate.
Recommend Inventory Review Hearing 06/13/23.
Appearance not required (by VCourt if preferred).