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.

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Please Note: "Appearance not required (by VCourt if preferred)."

This language indicates that no one is required to appear at the hearing.  Probate hearings are open to the public, however, and anyone who wishes to observe a proceeding may do so. Appearances in most cases may be made in person or remotely, by telephone, using VCourt. For more information on how to appear by VCourt, please see the section "Remote Telephonic Hearings" on the home page of this website.

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. 

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TUESDAY, DECEMBER 5, 2023
Department 22
8:30 a.m.

445526 MATTER OF PATRICIA SANCHEZ MOORE REVOCABLE TRUST
Hearing on Sixth Account and Report of Co-Trustees and Petition for its Settlement; Petition for Attorney’s Fees; Petition for Order Determining Sufficiency of Bond; Petition for Vacation Allowance continued from 08/29/23, 10/12/23:
•    Report describes that on more than one occasion co-Trustee R. M. accepted a gift from the trust beneficiary by way of using Trust funds for nail services for both R.M. and beneficiary at the same time. Co-Trustees are not required to explain this further, but the issue will be submitted to Judge for determination once other notes are addressed.
•    Petition includes request for all-expense paid trip for beneficiary and co-Trustees to Hawaii before mid-2025. Co-Trustees are not required to explain this further, but the issue will be submitted to Judge for determination once other notes are addressed.
•    Petition includes request for $2,000.00 for vacation allowance. The planned vacation has already taken place. 
      o    Declaration file-marked 11/20/23 alleges that co-Trustees, without waiting for court’s approval, used the $2,000.00 from Trust funds towards hotels. Co-Trustees now seek court’s approval after the fact. See PrC§§16465(b)(1).
•    Please explain the disbursements to co-Trustee A.M. for “personal living expenses” that were not the $2,000.00 living expenses approved previously.
      o    Declaration file-marked 11/20/23 alleges the “personal living expenses” disbursed to co-Trustee A.M. was reimbursement for her personal funds used when the beneficiary did not have her debit card or her debit card was declined. In future accountings, please label these disbursements with greater clarity.*
•    Please explain the disbursements to remainder beneficiary M.M. for “personal living expenses”. 
      o    Declaration file-marked 11/20/23 alleges the “personal living expenses” disbursed to remainder beneficiary M.M. was reimbursement for her personal funds used when the beneficiary did not have her debit card or her debit card was declined. In future accountings, please label these disbursements with greater clarity.*
•    Please explain the disbursements to co-Trustee R.M. for “miscellaneous expense”.
      o    Declaration file-marked 11/20/23 alleges the “miscellaneous expense” disbursed to co-Trustee R.M. were credit card payments for Christmas presents purchased by the Trust Beneficiary. In future accountings, please label these disbursements with greater clarity.*
•    Please explain the disbursements to private individuals for “miscellaneous expense”.
      o    Declaration file-marked 11/20/23 alleges these were holiday gifts and birthday gifts purchased and given by the Trust beneficiary. In future accountings, please label these disbursements with greater clarity.
•    Declaration file-marked 11/20/23 clarified that disbursements to FSBC were “tithes” given to the Trust Beneficiary’s church. In future accountings, please label these disbursements with greater clarity.
•    Proposed Order: Examiner does not recommend court make the finding regarding the Trust beneficiary’s proclivity for eating out and having her nails done. Prior court orders approving older accounts in this case do not have similar findings, nor do the findings appear necessary. See page 3 starting with line 5.
*Recommend court consider admonishing the co-Trustees that regular/habitual use of personal credit cards and accounts by Trustee or Trustee’s family members for trust purposes may constitute self-dealing if they were to receive “points”, “cash back rewards” or other perks associated with their credit cards. See PrC§16004.
Recommend court admonish the co-Trustees that improvements to property owned by either Trustee or Trustee’s family paid for by Trust funds may constitute self-dealing and/or could be construed as a conflict of interest (PrC§16004). It may be appropriate for co-Trustees to petition for the court’s instruction before taking such action. See PrC§§17200(b)(6), 16463-5.
On 10/12/23, court requested Court Investigator go over Trust Account with the conservatee and specifically the requested Hawaii vacation. PrC§1850 Report not on file in related conservatorship case.
Recommend continuance to 01/17/24 to coincide with Conservatorship Review Hearing in related case.
Appearance not required (by VCourt if preferred).

426428 CHRIS ENSIGN SPECIAL NEEDS TRUST
Hearing on Petition for Order Approving Encumbrance of Real Property for Improvement and Costs continued from 10/03/23:
Notice of Hearing on file for trust beneficiary, petitioner/Guardian ad litem, and proposed successor Guardian ad litem.
When the court authorized then-Trustee to engage in escrow for purchase of the property (Order file-marked 05/10/13), it had been alleged by the then-Trustee that the property would be the Trust beneficiary’s personal residence (Petition file-marked 05/06/13). 
The petition reflects: 
•    The Guardian ad litem and her daughter are residing in the property;
•    The Guardian ad litem and her daughter are paying rent;
•    The beneficiary does not reside full-time in the property, but in a group home.
On 10/03/23 Petitioner’s counsel advised that Petitioner would be filing a supplement purs. California Rules of Court 7.3, 7.53. Not yet on file.
Letter Declaration of court-appointed counsel, Joyce Gandelman – not yet on file.
Prior Notes remain:
Recommend court question the petitioner regarding possible conflict of interest. 
Recommend court consider directing petitioner to give notice and serve petition to California State Department of Health Care Services, State Department of State Hospitals, and the State Department of Developmental Services pursuant to Local Rule 8.101.1.
New Note:
Recommend continuance to 03/14/24 as requested by Petitioner in pleading file-marked 11/27/23 for which proof of service is on file.
Appearance not required (by VCourt if preferred).

445305 ESTATE OF MARY LOU RAMSEY
Hearing on Second Amended Petition (file-marked 11/21/23) for Final Distribution of Estate, First and Final Account and Report of Administrator with Will Annexed; Petition for Payment of Statutory Attorney Fees and Costs of Administration. continued from 10/04/22, 10/26/22, 03/14/23, 08/01/23:
More time is needed for review.
Notice of Hearing not on file.
Recommend continuance to 02/23/24 to allow time for notice.
Appearance not required (by VCourt if preferred).

PR-19-000080 ESTATE OF JOHN MATTHEW DEVASURE
Hearing on Petition for Final Distribution ON Waiver of Account, Report of Administrator, and Petition for Reimbursement of Costs Advanced by Attorney, and for Allowance of Statutory Attorney’s Fees continued from 08/30/23:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 06/13/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-22-000555 ESTATE OF BARBARA J. HASTIE, AKA BARBARA JOAN HASTIE
Inventory Review Hearing continued from 09/12/23:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 03/15/23. Inventory and Appraisal due 07/17/23.
Final Inventory and Appraisal not on file. See Local Rule 8.41 B.
Partial No. 1 Inventory and Appraisal on file.
•    Date of decedent’s death does not conform to the Order for Probate.
      o    A Corrected Inventory and Appraisal may be required as this is the date used for appraising assets of the estate.
Appearance by counsel required (by VCourt if preferred).

PR-22-001206 ESTATE OF DEBRAH BRITT
Inventory Review Hearing continued from 08/10/23:
Prior Notes remain. See Local Rule 8.41 B.
Letters issued 02/10/23. Inventory and Appraisal due 06/10/23.
Final Inventory and Appraisal not on file. See Probate Code section 8800 onward, Local Rule 8.41 B, and Forms DE-160 and DE-161.
Consider visiting the California Courts Self Help “inventory” page at
https://selfhelp.courts.ca.gov/probate/inventory-estimate-value and downloading forms from https://www.courts.ca.gov/forms.htm
Pursuant to Administrator’s request for continuance file-marked 11/22/23 for which a proof of service has been filed, recommend continuance to 03/14/24 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).

PR-23-000381 In re the Burgess Family Trust 
Hearing on Petition by Beth Gaylene Miracle for Accounting and for Orders Settling the Accounts and Compelling Final Distribution from Trust continued from 07/12/23, 09/20/23:
Objection filed – 07/11/23.
Possible long-cause matter.
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).

PR-23-000515 - The Phillip and Jane Reffle Trust
Hearing on Petition by beneficiary Pamela Bates for Accounting, Distribution, and Surcharge of Trustee continued from 08/15/23:
On 08/15/23, court ordered Trustee to prepare an accounting from 02/19/19 through 05/10/23. Accounting to be filed and served no later than 10/30/23. Accounting not on file.
Petitioner’s counsel shall file proof of personal service of Order After Hearing on Trustee. Proof of personal service on file.
Recommend court issue Order to Show Cause to Successor Trustee Janet R. to appear and show cause why she should not be sanctioned, surcharged, and/or removed as Trustee for failure to file an Accounting as ordered.
Appearance required (by VCourt if preferred).

PR-23-000575 HELEN SCHERR REVOCABLE TRUST
Hearing on Petition for Return of Property to the Trust of Helen Scherr, Dated September 26, 2003 continued from 09/07/23:
Nothing filed since previous hearing. Prior Notes remain:
•    Please provide points and authorities in support of petitioner’s request to “return property” of the trust when trustor, in her capacity as an individual, changed the designated beneficiaries for accounts that were not then the property of the trust.
•    Please provide documentation regarding each of the subject accounts showing that they are in the name of the Trustor and identifying the current beneficiaries.
•    Please provide a copy of the Trust.
•    Notice of Hearing file-marked 06/15/23 does not appear compliant with PrC§§851(c)(1) or (3).
      o    Please see Judicial Council Form DE-115, adopted for mandatory use for this purpose pursuant to PrC§851(c).
Declaration filed in response to petition – 11/30/23 by D. Grajewski, in propria persona.
Appearance by counsel required (by VCourt if preferred).

PR-23-000786 ESTATE OF LELAND CARL SHARP
Hearing on Amended Petition (file-marked 11/17/23) for Letters of Administration continued from 08/30/23:
•    Petition item 3c did not state county of decedent’s residence at time of death.
•    Form DE-121 Notice of Petition to Administer Estate file-marked 11/17/23 reflects mailed notice was defective:
      o    Page 1, item 6 – hearing will be held in Department 22, not Department 2.
      o    Page 2, item 4 was left blank – date of mailing and place envelopes were deposited with the USPS for mailing.
•    Affidavit of publication not on file. See Local Rule 8.12 and Probate Code sections 8120 et seq. The document attached to the petition appears to be an order confirmation with the newspaper, it is not an Affidavit as specified by Probate Code section 8124.
•    Form DE-140, Proposed Order, submitted 11/17/23:
      o    Heading of pleading omitted checkmark in box “Order Authorizing Independent Administration of Estate” and either “with full authority” or “with limited authority”.
      o    Item 4 reflects an order granting Administrator “full” authority under the Independent Administration of Estates Act, but Amended Petition item 2c sought “limited” authority and not “full” authority.
Consider visiting the California Courts Self Help page at https://selfhelp.courts.ca.gov/probate and downloading forms from https://www.courts.ca.gov/forms.htm
Recommend continuance to 02/01/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-23-000844 ESTATE OF MARIA C. MOREIRA
Hearing on Amended Petition (file-marked 09/20/23) to Determine Succession to Real Property and Personal Property continued from 09/13/23:
•    Defects in petition (Form DE-310):
      o    Item 7b was not completed (petitioner alleges that proceedings for administration of decedent’s estate have commenced, but did not specify the state, county, court, and case number of that proceeding).
      o    Attachment 8 omitted (see item 8).
               X    Petitioner must have the property appraised by the Probate Referee, Steven G. Pallios. See Forms DE-160 and DE-161.
•    Notice of Hearing not on file. See Probate Code section 13152-3, Local Rule 8.17, and Judicial Council Form DE-120.
•    Proposed Order not yet submitted. See Judicial Council Form DE-135.
It appears that all those persons succeeding to decedent’s interest in the subject real and personal property have not joined in this petition. See Probate Code section 13006(b) for definition of successor of the decedent and item 1 on Form DE-130, Petition.
Consider visiting the California Courts Self Help page at https://selfhelp.courts.ca.gov/probate/simple-transfer and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

445288 MATTER OF THE GEORGE T. MORRISON JR. REVOCABLE SURVIVOR’S TRUST
Hearing on Motion to Strike:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

PR-22-000648 ESTATE OF CAROL ELAINE CLAXTON, AKA CAROL E. NALLEY
Hearing on First and Final Report on Waivers of Account and  Petition for its Approval; Petition for Order of Final Distribution; and for Allowance of Payment of Statutory Fees; and Reimbursement of Costs Advanced:
No defects found in Report and Petition.
Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
Proposed Order not yet submitted.
Recommend continuance to 02/23/24 to allow time for notice.
Appearance not required (by VCourt if preferred).

PR-22-000923 ESTATE OF MARIA RODRIGUES SANTOS, AKA MARIA R. SANTOS
Hearing on First and Final Report of Executors on Waiver of Account and Petition for Allowance of Statutory Compensation to Attorney, and for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 06/13/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-22-001166 ESTATE OF FLORA JACOB
Hearing on First and Final Report of Executor and Petition for Final Distribution on Waiver of Account; and for Payment of Statutory Compensation to Attorneys for Executor; and for Reimbursement of Costs Advanced:
•    Report paragraph 8 does not appear to comply with PrC§9202(b) (“is or has previously been confined”).
•    Report paragraph 16 appears to omit clear statements of compliance with PrC§9050, and of notice to creditors given per PrC§§10900(b)(1) or a that there are no creditors known or reasonably ascertained. See PrC§9053(d).
Recommend continuance to 02/23/24 to allow time to cure defects.
Recommend court vacate Account Review Hearing of 03/28/24.
Appearance not required (by VCourt if preferred).

PR-22-001318 ESTATE OF THERESA LERMA, AKA THERESA C. LERMA, THERESA CORENDA LERMA
Hearing on Report of Sale and Petition for Order Confirming Sale of Real Property at 1578 Corgiat Drive, Newman, CA 95360, A.P.N. 026-045-031:
No defects in pleadings.
Hearing required.
Appearance by County Counsel required.

PR-23-000971 CAROLYN MATTHEWS REVOCABLE TRUST
Hearing on Petition for Order Confirming Trust Assets and Directing Transfer of Assets:
Recommend approval of petition if no one appears to object.
Appearance not required (by VCourt if preferred).

PR-23-001144 ESTATE OF TODD ALAN SHAFFER
Hearing on Petition for Letters of Administration:
Recommend court direct petitioner to file a verified statement of residence (PrC§8573).
Recommend approval of petition.
Recommend Inventory Review Hearing 06/11/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-23-001145 ESTATE OF JAMES T. FOSTER, AKA JAMES THOMAS FOSTER
Hearing on Petition for Letters of Administration:
Recommend approval of petition.
Recommend Inventory Review Hearing 06/11/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

9:30 a.m.

PR-22-000867 MATTER OF PRASAD FAMILY LIVING TRUST
Short cause prove-up hearing on PrC§859 damages and attorney’s fees and costs:
Appearance required.

WEDNESDAY, DECEMBER 6, 2023
Department 22
8:30 a.m.

2201099 ESTATE OF LAURA LEIHUALANI SAPP
Status Review Hearing continued from 08/03/23:
Letters issued 02/07/23. Successor personal representative’s counsel filed Declaration of Status, with service, on 07/24/23. 

Discharge Review Hearing continued from 12/03/19, 04/30/20, 07/16/20, 09/03/20, 10/28/21, 01/14/21, 05/13/21, 10/14/21, 02/23/22, 07/06/22, 11/09/22, 08/03/23:
Background:
Receipt of blocked funds is on file for recently-discovered assets of the estate, discovered after the Order for Final Distribution.
Declaration of Status of Assets file-marked 06/21/22 states that none of the assets that were marshalled by the prior Administrator (deceased) and ordered to be distributed were distributed. 
•    The house was sold in a Trustee sale following foreclosure. Based on the dates of the Attachments to the Declaration, it appears the house was foreclosed on in 2018, months before the filing of the Petition for Final Distribution.
      o    Administrator received $11,774.06 from the sale into his personal bank account and thereafter distributed some portion thereof to unidentified family members, but has no receipts of distribution.
•    The Declaration states that of the four cars ordered to be distributed, one was donated without court authorization, two were repossessed, and one was abandoned at the foreclosed residence. 

Matter had been continued from 08/03/23 at request of successor personal representative to allow time to prepare necessary pleadings. Nothing filed.

Appearance by counsel required (by VCourt if preferred).

PR-19-001184 ESTATE OF TRENT FREDERICK JOHNSON
Order to Show Cause issued to personal representative and counsel to appear:
•    And show cause why sanctions should not be imposed for failure to appear on 08/30/23;
•    And show cause why surcharge should not be imposed for failure to file a Second PrC§12200 Status Report of Administration within sixty days of the hearing on 08/30/23.
•    Four Declarations were filed on 11/21/23. Proof of service not on file for any of the four, rendering them ex parte communication which the court has not considered.
      o    A PrC§12251 Petition for Termination of probate proceedings has not been filed and no Minute Order reflects an ex parte request made pursuant to PrC§12251.
Account Review Hearing continued from 04/19/23, 08/30/23: 
Hearing pursuant to PrC§12202 required.
Administrator and Administrator’s counsel shall appear before the court and show the condition of the estate, the reasons why the estate cannot be distributed and closed, and an estimate of the time needed to close administration of the estate. Following the hearing the court may either order the administration of the estate to continue or order the personal representative to petition for final distribution, as provided in Section 12201.
Appearance by Administrator and Administrator’s counsel mandatory (by VCourt if preferred).

PR-19-001289 MATTER OF THE GLORIA STEAN WILLIAMS LIVING TRUST
Hearing on Petition to Withdraw Funds from Blocked Account filed by Trustee continued from 02/02/23, 05/10/23, 08/23/23:
Notice appears complete. 
This appears to be not only a petition for withdrawal from blocked account, but also a petition for award of attorney’s fees and costs.  
Petition remains unopposed. Recommend approval.

Hearing on Respondent/Trustee’s Petition to Settle Accounts and Pass Upon Acts of the Trustee [PrC§17200(b)(5)] filed 08/18/21 continued from 11/23/21, 05/06/22, 08/18/22, 10/12/22, 12/01/22, 05/10/23:
Objection filed 08/17/22.  Possible long-cause matter.
Need status of meet-and-confer.  
Appearances by counsel required (by VCourt if preferred). 

PR-23-000443 ESTATE OF CRAIG GERARD COKER, AKA CRAIG G. COKER
Order appointing special administrator was granted; Letters of Special Administration have not issued because bond is not yet on file.
Hearing on Petition for Probate of Lost Will and for Letters Testamentary continued from 05/25/23, 08/30/23:
Lost Will is not self-proving. Proof of Subscribing Witness is on file.
Objection filed – 07/21/23.
Objector has filed proof of service of Summons on only one party. Proof of service of Summons not on file for any other party. See PrC§8250(a).
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).

PR-21-001056 ESTATE OF KATHLEEN L. OLIVER
Hearing on Second Amended (file-marked 11/09/23) First and Final Account and Report of Executor and Petition for Its Settlement, for Allowance of Compensation to Executor and Attorney, for Reimbursement of Costs Advanced by Executor and Attorney, and for Final Distribution continued from 06/21/23, 08/30/23:
Recommend approval of Second Amended Account and Petition.
Recommend Discharge Review Hearing 06/13/24 pursuant to Local Rule 8.92.
Appearance required (by VCourt if preferred).

PR-19-000954 ESTATE OF JOSE ARCOS MONDRAGON
Account Review Hearing:
Neither Third PrC§12200 Status Report or Petition for Final Distribution on file.
Recommend court direct personal representative to file a PrC§12200 Status Report (with notice) within 90 days of today’s date if estate is not in a position to be closed.
Recommend continuance to 03/27/24 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).

PR-20-000302 ESTATE OF HAROLD DANIEL CARR
Account Review Hearing 
Neither Second PrC§12200 Status Report or Petition for Final Distribution on file.
Recommend court direct personal representative to file a PrC§12200 Status Report (with notice) within 90 days of today’s date if estate is not in a position to be closed.
Recommend continuance to 03/27/24 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).

PR-22-000167 ESTATE OF WILLIAM ALAN HOLTZCLAW
Account Review Hearing 
Petition for Final Distribution has been submitted and set for hearing on 03/20/24.
Hearing of 03/20/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-000361 ESTATE OF TERESA HARDY
Account Review Hearing: 
A Petition for Final Distribution has been filed and set for hearing 03/27/24.
Hearing of 03/27/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-000749 ESTATE OF JACQUELINE IDEN
Inventory Review Hearing continued from 05/31/23, 09/06/23:
Final Inventory and Appraisal on file. 
Recommend court set Account Review Hearing 03/27/24 pursuant to Local Rule 8.82.
Appearance not required (by VCourt if preferred).

PR-22-000568 ESTATE OF LARRY JAMES DEEN
Hearing on First and Final Account; Report of Administration; Allowance of Compensation to Attorney for Ordinary Services; Allowance of Compensation to Administrator for Ordinary Services; Request for Reimbursement to Administrator; and Petition for Final Distribution:
Notice appears complete.
More time is needed for review. Matter will be continued to 01/17/24, to coincide with Account Review Hearing already set, to allow time for review.
No appearance required (by VCourt if preferred).

PR-22-000925 ESTATE OF EDUARDO GUERRERO
Hearing on First and Final Report of Administrator on Waiver of Account and Petition for Allowance of Compensation to Attorney for Ordinary and Extraordinary Services and Compensation to Administrator for Ordinary Services and for Final Distribution:
Notice appears complete.
More time is needed for review. Matter will be continued to 02/23/24 to allow time for review.
No appearance required (by VCourt if preferred).

PR-22-001291 ESTATE OF MARI J. HARPER
Hearing on Report of Administrator on Waiver of Account and Petition for Allowance of Statutory Compensation to Attorney for Ordinary Services, for Costs of Administration, and for Final Distribution:
More time is needed for review. Matter will be continued to 02/28/24, to coincide with Account Review Hearing already set, to allow time for review.
No appearance required (by VCourt if preferred).
 

PR-23-000109 – In the Matter of the Leo Landucci and Patricia Landucci Revocable Living Trust of 2007
Hearing on Motion to Bifurcate Trial and Sequence Discovery:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

PR-23-000997 DECLARATION OF TRUST OF MARJORIE K. AMSTADTER
Hearing on Petitioner Debra Amstadter’s Verified Petition for an Order: 1) to Compel Trustee to Produce the Terms of the Trust; 2) to Compel the Return of Trust Property; 3) for Double Damages; 4) for Constructive Trust; 5) for Removal of Trustee and Appointment of Successor Trustee; 6) for Financial Elder Abuse; and 7) for Accounting:
Body of Petition omitted the names and mailing addresses of those entitled to notice (PrC§17201). Examiner cannot determine if Notice is complete.
Objection filed – 11/14/23. Copy of Trust and Amendment to Trust attached.
Recommend continuance to 01/31/24, to coincide with contested hearing on OST, to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-23-001143 ESTATE OF DUKE THOMAS LEFFLER, AKA DUKE T. LEFFLER, DUKE LEFFLER
Hearing on Petition for Probate of Will and for Letters Testamentary:
Recommend approval of petition, and admission of Will to probate.
Recommend Inventory Review Hearing 06/12/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-23-001149 ESTATE OF JOHN H. COX, AKA JOHN COX, JOHN HENRY COX
Hearing on Petition for Probate of Will and for Letters Testamentary:
Recommend approval of petition, and admission of Will to probate.
Recommend Inventory Review Hearing 06/12/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-23-001153 ESTATE OF ANITA KAREN DAOUD, AKA ANITA K. DAOUD, ANITA DAOUD
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    Attachment 8 has two different spellings of petitioner’s name.
•    Attachment 8 does not clearly identify the intestate heirs of the decedent’s predeceased spouse. 
      o    A Family Tree may be helpful.
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
Recommend continuance to 02/23/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

THURSDAY, DECEMBER 7, 2023
Department 21
8:30 a.m.

2200192 MATTER OF DOROTHY R. JACKSON AND DONALD D. JACKSON IRREVOCABLE FAMILY TRUST
Hearing on Second Amended Motion to Enter Settlement as a Judgment:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

Department 22
8:30 a.m.

PR-20-000565 ESTATE OF KENT DANA COLEMAN
Discharge Review Hearing continued from 08/31/23:
Nothing filed since previous hearing. Prior Notes remain:
Ex Parte Petition for Final Distribution was returned for correction on 08/25/23.
x    Various pleadings have been filed but it does not appear that a request is pending before the court, nor is there proof of service on file for the Declaration file-marked 08/22/23.
x    The court’s Order for Final Distribution was that one-half of the estate be distributed to the personal representative of the estate of the deceased heir pursuant to PrC§11802. 
x    Receipts of distribution for one heir on file; another receipt of distribution is on file reflecting that PR distributed assets to herself and not as the court had ordered pursuant to Order for Final Distribution file-marked 03/08/23.
Appearance by counsel required (by VCourt if preferred).

PR-21-001349 ESTATE OF RUSSELL SCHOEN
Discharge Review Hearing continued from 08/31/23:
Nothing filed since previous hearing. Prior Notes remain:
Ex Parte Petition for Final Discharge and Order has not yet been submitted.
Appearance by counsel required (by VCourt if preferred).

PR-21-001362 THE MAUPIN FAMILY TRUST
Hearing on Petition to Invalidate Purported Trust, Will, and for Trust Revocation, and for Damages for Financial Elder Abuse:
Notice appears complete.
Hearing required.

Hearing on Petition to 1) Compel Accounting, 2) Confirm Revocation of Joint Trust, and 3) Order Transfer of Assets to Separate Trust (PrC§§850, 17200) continued from 02/24/22, 05/18/22, 11/30/22, 03/23/23, 08/10/23, 09/27/23:
Objection filed – 03/24/22. 
Possible long-cause matter.
Need status of meet-and-confer. 
Appearance required (by VCourt if preferred). Appearance by Mark Maupin mandatory (by VCourt if preferred).

PR-23-000338 – In the Matter of the C. Erik Gustafson and Ellen C. Gustafson Family Trust
Hearing on Petition for: (1) An Accounting; (2) A Finding of Breach of Trust; (3) Removal of Trustees; (4) Conversion; (5) Award of Damages; (6) Redress of a Breach of Trust by Any Available Remedy; (7) Denying Trustees’ Fees, Costs and Compensation; and (8) Awarding Petitioner’s Attorney’s Fees and Costs reset from 06/13/23 by stipulation, continued from 09/13/23:
A Request to Dismiss has been submitted and is waiting to be processed.
Appearance not required (by VCourt if preferred).

PR-23-000727 ESTATE OF DEAN ROBBINS, JR.
Hearing on Petition for Letters of Administration continued from 08/16/23, 09/08/23, 09/29/23:
Petition is unopposed. Order appointing Guard ad litem is waiting to be processed. Proposed bond of $19,800.00 appears adequate.
If no one appears to object, petition will be approved with bond of $19,800.00.
•    Form DE-150, Proposed Letters, not submitted.
Recommend Inventory Review Hearing 06/12/24 pursuant to Local Rule 8.41 B.
Appearance not required (by VCourt if preferred).

PR-19-000044 ESTATE OF PATRICIA ANN FERNANDEZ
Account Review Hearing:
Neither Petition for Final Distribution nor Fifth PrC§12200 Status Report are on file.
Recommend court order personal representative to file PrC§1200 Status Report within 90 days if estate is not in a position to be closed.
Recommend continuance to 05/01/24 to allow time to file above pleading.
Appearance not required (by VCourt if preferred).

PR-19-001293 MATTER OF WALTER LEROY WELKER JR. SPECIAL NEEDS TRUST
Account Review Hearing continued from 06/22/23:
Nothing filed since previous hearing. Prior Notes remain:
Second Account and Report of Trustee for period of 01/01/22 through 12/31/22 not on file.
Appearance by counsel required (by VCourt if preferred).

PR-20-000483 MICHELLE WOOD SPECIAL NEEDS TRUST
Account Review Hearing continued from 07/27/23:
Nothing filed since previous hearing. Prior Notes remain:
Second Account and Report for the period of 11/25/21 through 11/24/22 not on file. 
Appearance by counsel required (by VCourt if preferred).

PR-21-000554 ESTATE OF CESARE JERRY DEPALMA
Account Review Hearing continued from 07/06/23: 
A Petition for Final Distribution has been filed and set for hearing on 02/29/24.
Hearing of 02/29/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-001014 ESTATE OF HENRY ALLEN VARGAS
Inventory Review Hearing continued from 07/06/23:
Letters issued 06/05/23. Inventory and Appraisal due 10/05/23.
Final Inventory and Appraisal not on file.
Personal representative filed a Declaration (with proof of service) seeking an additional six months to inventory and appraise decedent’s estate.
Recommend court set an Account Review Hearing 06/20/24. If the estate is not in a position to be closed at that time, a PrC§12200 Status Report must be on file.
Inventory and Appraisal must be filed prior to the next hearing date.
Appearance not required (by VCourt if preferred).

PR-23-001107 MATTHEW EDWARD HEATH AND DEBORAH ANN HEATH TRUST
Hearing on Petitioner’s Ex Parte Application for Order Appointing Trustee continued from 10/31/23:
Prior Notes remain:
•    Proof of service file-marked 10/26/23 reflects service by electronic service pursuant to CRC 2.251. 
      o    Notice of express consent to electronic service does not appear to have been filed in this matter. 
      o    Notice of Hearing not on file.
•    Petition does not seek bond. Trust and statute mandate bond.
Objection filed – 11/14/23.
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).

PR-21-000677 ESTATE OF CYNTHIA A. HOOD
Hearing on Waiver of Account and Report of Executor, Petition for Allowance of Statutory Fees to Personal Representative and to Attorney and Petition for Final Distribution:
•    Paragraph 10: Total alleged appraisal in Inventory and Appraisal does not appear to match the I&A.
•    Itemization of costs of administration was omitted (see Local Rules 8.69, 8.83K).
•    Final seller’s statement from sale of house was neither attached nor filed separately.
•    Notice of Hearing not on file (PrC §§ 10830, 11000, 11601).
•    Proposed Order not yet submitted.
Recommend continuance to 02/23/24 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

PR-22-000153 ESTATE OF FINNY LE, AKA FINNY VAN LE
Hearing on Waiver of Account and Petition for Final Distribution and for Compensation for Ordinary and Extraordinary Services:
•    Petitioner does not appear to have standing to waive an accounting on behalf of the minor heirs. If the Petitioner has been appointed Guardian of the estates of the minors, please provide a certified copy of the Letters of Guardianship. Otherwise, formal accounting appears mandatory.
•    Notice inadequate pursuant to California Rules of Court 7.51 (a)(2) and 7.51(d).  A notice mailed to a person in care of another person is insufficient unless the person entitled to notice is an adult; notice to a minor must be sent directly to the minor.
•    Paragraph 7 omits statement re: whether or not notice to creditors was given per PrC§§10900(b)(1), 9050.
      o    Pursuant to PrC§9050(b), the giving of notice to creditors is in addition to the published notice.
•    Paragraph 7 does not allege whether any Creditor’s Claims were received or filed.
•    Petition does not appear to comply with PrC§9202(b) – Notice to Victim’s Compensation Board.
•    Petition reflects that personal representative deposited the proceeds from the sale of the residence into a Certificate of Deposit with $100,000.00 of her personal funds without notice or prior court’s approval, commingling estate and personal funds in a way in which she may have financially benefited. Petition further alleges that the personal representative will remove her personal funds once the Certificate of Deposit reaches maturity.
      o    Recommend court on its own motion consider appointing a Guardian ad litem to the minor children to review the personal representative’s actions in the Formal Accounting that must be filed in this case (since formal accounting is required, see first note above).
•    Final seller’s statement from sale of property was neither attached nor filed separately.
•    Need written notice of consent of proposed custodian of CUTMA account to serving in that capacity pursuant to Local Rule 8.84 C.
•    Exhibit B (itemization of costs of administration) includes:
      o    Postage. Postage is considered a cost of doing business and is not reimbursable.
      o    A Lexis Nexis online data research fee from before case was filed. Please explain.
Hearing required regarding appointment of a Guardian ad litem.
Appearance by counsel required (by VCourt if preferred).

PR-23-000283 ESTATE OF ASENCION Q. FLORES
Hearing on Report on Waiver of Account and Petition for Final Distribution, Allowance of Compensation to Attorney for Ordinary Services; Waiver of Executor Fees; and Confirmation of costs Petitioner Reimbursed Attorney:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 06/13/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

ADD-ON:
PR-23-001027 ESTATE OF WILLIE JAMES HOUSTON, AKA WILLIE J. HOUSTIN, WILLIE HOUSTON
Reserved Ex Parte Hearing set by email from the Courtroom Clerk.
 

TUESDAY, DECEMBER 12, 2023
Department 22
8:30 a.m.

33869 ESTATE OF RUDY BONZI
Order to Show Cause issued 09/20/23 to counsel for personal representative:
•    Order to Show Cause will be discharged as counsel has filed a Declaration explaining the failure to appear.
Status Review Hearing continued from 06/30/21,12/02/21, 07/06/22, 09/20/22, 09/20/23:
Status Report, with service, filed in compliance with the court’s order.
Appearance by counsel mandatory (by VCourt if preferred).

444546 JOHN COLEMAN SPECIAL NEEDS TRUST
Hearing on Sixth Accounting and Report of Trustee of the John Coleman Special Needs Trust; Petition to Settle Account continued from 10/10/23:
Nothing filed since previous hearing. Prior Note remains:
Notice of Hearing not on file for remainder beneficiary. See PrC§15804.
Appearance by counsel required (by VCourt if preferred).

PR-21-000344 ESTATE OF RUDOLPH REYES
Hearing on Complaint for Partition by Sale of Real Property continued from 01/24/23, 05/10/23, 07/12/23, 09/14/23:
Prior Note remains:
•    Notice of Hearing file-marked 07/10/23 does not include notice to the estate of the beneficiary who passed away during this estate proceeding (PrC§§11952, 13006, 11802). 
      o    Recommend court instruct counsel to prepare a verified pleading identifying the successors-in-interest to the deceased beneficiary, including a Family Tree and describing her estate plan, if she had one.
Answer filed – 01/23/23.     
Need status of meet-and-confer.

Account Review Hearing:
Trailing partition petition.

Appearance by Administrator, Petitioner/Administrator’s counsel (as to the partition sale), and counsel for beneficiary R. Reyes (as to the partition sale) required (by VCourt if preferred). 

PR-21-000771 ESTATE OF HOWARD LYLE HARTVICKSON
Account Review Hearing continued from 03/02/23, 06/28/23, 09/07/23:
On 03/02/23 and again on 06/28/23, the court directed that a PrC§12200 Status Report must be filed if estate is not in a position to be closed. 
On 09/07/23 court ordered that Report was to be filed in thirty days or court would impose possible sanctions and/or remove personal representative from office.
Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
•    Recommend court issue Order to Show Cause to Executor and Executor’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 Executor 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).
Issue of sanctions and/or surcharge for failure to obey the court’s order submitted to court’s determination.
Appearance by Executor and Executor’s counsel mandatory (by VCourt if preferred).

PR-21-001191 ESTATE OF JOHN MATTHEW TALLEY
Related case PR-21-001371, competing petition
Hearing on Petition for Letters of Administration (filed by S. Shipman) continued from 12/01/21, 03/23/22, 04/27/22, 09/21/22, 01/11/23, 05/16/23, 09/12/23:
A Will has been lodged with the Court but is not addressed in this Petition.
Objection filed – 04/26/22. 
Possible long-cause matter. Need status of discovery.
Appearance by counsel required (by VCourt if preferred).

PR-21-001371 ESTATE OF JOHN MATTHEW TALLEY
Related case, 1st petition (competing) PR-21-001191
Hearing on Objector’s Petition for Orders: 1) Invalidating Grant Deed; 2) for Cancellation of Fraudulent Instrument; 3) Determining Financial Elder Abuse; 4) Compelling Return of Estate Assets; 5) for Attorney’s Fees and Double Damages; 6) for Fraud; 7) for Conversion; 8) for Unjust Enrichment; and 9) for Constructive Trust continued from 04/27/22, 09/21/22, 01/11/23, 05/16/23, 09/12/23:
Prior Note has been cured.
Objection filed – 09/21/22. 
Court set this as a “set or settle date”, for trial-setting. Counsel are to come prepared with dates for trial.

Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed (filed by C. Yanez-Aguirre) continued from 01/13/22, 03/23/22, 04/27/22, 09/21/22, 01/11/23:
Objection filed – 03/11/22. Counsel for petitioner waived service of summons.
Need status of discovery. Possible long-cause matter.
Appearance by counsel 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, 12/16/22, 01/18/23, 03/07/23, 07/12/23, 09/14/23:
Objection filed – 05/13/22.
Possible long cause matter.

Hearing on Accounting of the Julian Lopez Family Trust (Filed 10/26/22) continued from 03/04/23, 07/12/23:
Notice appears complete.
Objection filed – 01/03/23.
Response to the Objection filed – 07/07/23.
Possible long cause matter.

Need status of meet-and-confer.
Appearance by Petitioner’s counsel and Trustee (self-represented) required (by VCourt if preferred).

PR-22-000636 ESTATE OF EMMA GARCIA MONTALVO
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing on 03/20/24.
Hearing of 03/20/24 will be confirmed.
Appearance not required (by VCourt if preferred).

PR-22-000979 ESTATE OF THOMAS JAY LUSCH
Status Review Hearing:
Appearance by counsel required (by VCourt if preferred).

PR-21-000517 ESTATE OF RICHARD BENJAMIN LUNA
Hearing on Petition for Order Confirming Sale of Real Property:
Petition will be dropped. Hearing will be vacated. 
No appearance required (by VCourt if preferred).

PR-23-001159 ESTATE OF ERIN MAE NOBLE
Hearing on Petition for Probate of Lost Will and for Letters of Administration with Will Annexed:
•    Declaration attached to petition pursuant to PrC§6124 (lost will) appears to reflect that the presumption that decedent destroyed the will with intent to revoke it applies in this case.
•    Petitioner is seeking appointment as Administrator with Will Annexed although she was named as Executor in decedent’s lost will. Why?
•    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.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

PR-22-001323, The Bonnie J. Anderson Living Trust
Hearing on Petition for Order to Approve Distribution of Monies Held in Attorney Trust Account:
Notice of Hearing not on file for party that filed a Request for Special Notice (filed on 05/17/23) that has not been withdrawn.
Recommend continuance to 03/07/24, to coincide with Status Review Hearing already set, to allow time for Notice.
Appearance not required (by VCourt if preferred)

PR-22-000606 ESTATE OF JOHN STEPHEN PETERSON 
Hearing on Petition for Final Distribution, Waiver of Accounting, Allowance of Statutory Attorney’s Fees, and Reimbursement of Costs:
Recommend approval of Petition.
Recommend Discharge Review 06/13/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).

PR-23-000041 ESTATE OF JOYCE LEE CATER
Hearing on Report of Executor on Waiver of Account and Petition for Allowance of Statutory Compensation to Attorney for Ordinary Services, for Costs of Administration and for Final Distribution:    
Recommend approval of Report and Petition.
Recommend court vacate Account Review Hearing of 03/28/24.
Recommend Discharge Review 06/13/24 pursuant to Local Rule 8.92.
Appearance not required (by VCourt if preferred).