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Probate Notes

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 (option 6/option 4) between the hours of 8:15 a.m. -  3:00 p.m., Monday - Friday.

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.

Public Notices

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. 

 

 

TUESDAY, AUGUST 16, 2022
Department 22
8:30 a.m.

 

PR-18-000564 ESTATE OF MARILYN LEAH HOLLINGSWORTH
Order to Show Cause issued 04/28/22 to Personal Representative & Personal Representative’s counsel:
•    To appear and show cause why each should not be sanctioned $300 for failure to appear, failure to file receipts of distribution and Ex Parte Petition for Final Discharge. See Probate Code section 11753.
Discharge Review Hearing continued from 11/18/21, 04/28/22:
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).

 

PR-18-000857 ESTATE OF CESAR ORTEGA, AKA AUGUST C. ORTEGA, AUGUSTO ORTEGA, CESAR AUGUSTO ORTEGA-REYES
Hearing on First and Final Report of Administrator on Waiver of Account continued from 10/19/21, 01/13/22:
Prior Notes have been cured.
Report alleges the Objectors received the payment from the estate in full satisfaction of their claims, pursuant to the Conditional Settlement file marked 10/14/21.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 03/02/23.
Appearance not required (by VCourt if preferred).

 

 

PR-21-000389 ESTATE OF MARCY A. JIMENEZ
Account Review Hearing:
Corrected Inventory and Appraisal is on file.
PrC§12200 Status Report due.
Recommend court order personal representative to file PrC§12200 Status Report of Administration within 90 days of today’s date if estate is not in a position to be closed.
Appearance by counsel and personal representative required (by VCourt if preferred).

 

PR-21-001159 ESTATE OF CAREN LEATHERWOOD BANGLE, AKA CAREN L. BANGLE
Inventory Review Hearing:
Letters issued 04/11/22. Inventory and Appraisal due 08/11/22.
Recommend continuance to 10/18/22 to allow time for inventory and appraisal.
Appearance not required (by VCourt if preferred).

 

PR-21-001327 ESTATE OF ANECIA LEARY
Inventory Review Hearing:
Bond not on file. Letters were returned for correction on 08/03/22.
Recommend continuance to 10/18/22 to ensure Letters have been issued. If Letters have been issued prior to 10/18/22, no appearance will be required.
Appearance not required (by VCourt if preferred).

 

PR-22-000097 ESTATE OF EUGENE H. BENAVIDEZ, AKA EUGENE BENAVIDEZ
Inventory Review Hearing:
Letters issued 03/15/22. Inventory and Appraisal due 07/15/22.
Final Inventory and Appraisal not on file.
A Notice of Proposed Action is on file, without proof of mailing (see Local Rule 8.100B).
Recommend continuance to 10/18/22 to allow time for filing Inventory and Appraisal, cure defect with Notice of Proposed Action.
Appearance not required (by VCourt if preferred).

 

 

PR-22-000115 ESTATE OF GERALDINE H. REEVES
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 04/25/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000122 ESTATE OF STEPHEN ROBERT MANCHESTER
Inventory Review Hearing:
Letters issued 03/18/22. Inventory and Appraisal due 07/18/22.
Final Inventory and Appraisal not on file.
Recommend continuance to 10/18/22 to allow time for filing Inventory and Appraisal.
Appearance not required (by VCourt if preferred).

 

PR-21-001237 ESTATE OF KATHY L. STRATHMAN
Petition for Letters of Administration continued from 12/07/21, 03/24/22, 04/29/22:
Per Minute Order of 04/29/22, matter will be dismissed if defects not cured by today’s hearing.
Nothing filed since previous hearing. Prior Notes remain:
•    Petition Item 2a is checked, requesting to admit Will, but rest of Petition reflects decedent died intestate.
•    Affidavit of re-publication not on file. Affidavit filed 03/17/22 reflects notice was published in a newspaper not of general circulation for the decedent’s residence at time of death. 
Proposed Letters not yet submitted.
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

PR-21-001238 ESTATE OF EMMA AGNEW
Petition for Probate of Lost Will and for Letters of Administration with Will Annexed continued from 12/07/21, 03/24/22:
Per Minute Order of 04/29/22, matter will be dismissed if defects not cured by today’s hearing.
Nothing filed since previous hearing. Prior Notes remain:
•    Item 3f(3) omitted (regarding Lost Will).
      o    Attachment 3f(3) omitted regarding PrC§6124 presumption.
•    Dates of death omitted in item 8 for those named who are deceased.
•    Names of those listed in Item 8 must match the spelling in the Will (adding an AKA for correct legal names is acceptable).
•    Item 8 fails to list all those named in Will, whether living or deceased.
•    Copy of Lost Will waived bond only for those named as Executor.
      o    Waivers of bond not on file for all beneficiaries.
      o    Bond may be necessary.
Proof of publication not on file.
Proposed Letters not yet submitted.
Please provide a Family Tree.
Copy of Lost Will is not self-proving (see Local Rule 8.23). 
•    Proof of Subscribing Witness (form DE-131) not on file. See PrC§8221.
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

 

PR-22-000343 ESTATE OF BETTY LEE COLBURN MYERS
Hearing on Amended Petition (filed 07/11/22) for Probate of Lost Will and for Letters Testamentary continued from 05/12/22:
Lost Will is not self-proving. Proofs of subscribing witness not on file; Amended Declaration of Lost Will (PrC§6124) file marked 07/11/22; Declaration Regarding Subscribing Witnesses file marked 06/16/22.
•    Both witnesses are deceased. Request to admit Lost Will that is not self-proving will submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

439928  MATTER OF WADE J MEIER SPECIAL NEEDS TRUST
Hearing on Petition to Terminate Court Supervision of the Wade J. Meier Special Needs Trust Due to Lack of Funds and Costs Associated with Accounting and Bonds, to Unblock Restricted Account and to Exonerate Bond:
•    Summary of Account (Judicial Council form GC-400) does not match the Summary of Charges of Credits found on the 6th page of the pleading.
Recommend continuance to 10/18/22 to allow time to cure defect.
Recommend court vacate the Account Review Hearing 08/30/22.
Appearance not required (by VCourt if preferred).

 

PR-20-001098 ESTATE OF BERTHA MONARES SPANSKI, AKA BERTHA SPANSKI
Hearing on First and Final Account and Report, etc., and Petition for Final Distribution:
No defects found in pleadings. Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 03/02/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000416 ESTATE OF FRANK EMERICO GUERRA
Hearing on Petition for Final Distribution on Waiver of Accounting, etc.:
•    A Notice of Proposed Action is on file, without proof of mailing (see Local Rule 8.100B).
•    Copy of Waiver of Account was attached as an Exhibit to the Petition, but the original Waivers are not on file (PrC§10954).
      o    Waiver of Account not notarized (see Local Rule 8.69).
      o    Waivers not provided for the Administrators, nor does the Petition state the Administrators, by their signature, waive an Accounting.
•    The statutory fee compensation found on page 5 appears to contain a mathematical error.
•    Waivers of statutory compensation by co-Administrators are not on file. Line 8 on page 5 of Petition states the administrators “have waived” their statutory commission, it does not state that they “hereby” wave it.
•    Paragraph 25 on page 5 of the Petition appears incomplete.
•    Notice of Hearing not on file.
•    Proposed Order not yet submitted.
Recommend continuance to 10/25/22, to coincide with Account Review Hearing, to allow time to cure defects, provide adequate notice.
Appearance not required (by VCourt if preferred).

 

 

PR-22-000691 ESTATE OF CHARLOTTE A. WHITELEY, AKA CHARLOTTE A. WHITELY
Hearing on Petition for Letters of Administration:
•    Paragraph 18 of Declaration file marked 08/11/22 reflects that Petitioner conducted an investigation re: other heirs and found none (other than Petitioner and Petitioner’s siblings).
Pleadings allege that Petitioner and Petitioner’s siblings are decedent’s heirs, as decedent’s surviving step-children.
•    Declaration pursuant to PrC§6454 is on file.
The Court has reviewed the pleadings, and will direct the Petitioner to file a Declaration showing the results of an “heir search” for decedent’s next of kin pursuant to PrC§6402, and thereafter file proof that any discovered next-of-kin were given proper notice.
Matter will be continued to 10/12/22 to allow time to file the above pleadings.
No appearance required.

 

PR-22-000694 ESTATE OF DANIEL CURTIS DAUGHERTY
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Recommend Inventory Review Hearing 02/22/23.
Appearance not required (by VCourt if preferred).

 

 

PR-22-000695 ESTATE OF BRUCE A. VAN PRAAG, AKA BRUCE ALEXANDER VAN PRAAG, BRUCE VAN PRAAG
Hearing on Petition for Probate of Will and for Letters Testamentary:
Will is not self-proving.  Proof of Subscribing Witness on file.
Recommend approval of Petition and admission of Will to probate.
•    Proposed Order: date of death does not match the Petition.
Recommend Inventory Review Hearing 02/22/23.
Appearance not required (by VCourt if preferred).

 

 

PR-22-000697 ESTATE OF MILDRED I. BARTSCHAT, AKA MILDRED IRENE BARTSCHAT
Hearing on Petition for Probate of Lost Will and for Letters Testamentary:
Notes have been cured.
Declaration re Lost Will (PrC§6124) attached to Petition, supplemented by Declaration file marked 08/08/22 in support of admission of copy of Will to probate.
Copy of lost Will is not self-proving. Proofs of Subscribing Witness are on file.
Recommend approval of Petition and admission of lost Will to probate.
Recommend Inventory Review Hearing 02/22/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000700 ESTATE OF RICHARD JON FORTADO, SR.
Hearing on Petition for Probate:
Heading of page 1 of Petition has checkmarks in boxes for both Letters Testamentary and Letters of Administration:
•    Notice was published in a newspaper that has not been determined to have been of general circulation in the municipality where decedent resided at time of death. Republication will not be reimbursable.
•    Need new Letters: Oath was dated prior to verification on petition (PrC§8403).
Recommend continuance to 09/16/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

WEDNESDAY, AUGUST 17, 2022
Department 22
8:30 a.m.

 

2201420 ESTATE OF JOHN ALLEN BARNES
Account Review Hearing on $50,000.00 retains (purs. LR 8.68) continued from 05/04/22:
Status Report on distribution of retains is on file. Notice appears complete.
Recommend continuance to 12/01/22 to allow time for final tax returns.
Appearance by counsel not required (by VCourt if preferred).

 

PR-21-000104 ESTATE OF JEFFREY DUNKIRK
Account Review Hearing continued from 05/05/22:
On 05/05/22, 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 Third 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-21-000230 ESTATE OF TONY MARTEL ACOSTA, JR., AKA TONY M. ACOSTA, JR., TONY ACOSTA
Account Review Hearing continued from 05/11/22:
Neither PrC§12200 Status Report nor Petition for Final Distribution are on file.
Recommend court direct that a PrC§12200 Status Report be filed within 90 days if the estate is not in a position to be closed.
Recommend continuance to 01/05/23 to allow time for filing of above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-21-000295 ESTATE OF JAMES ROBERT GIBSON 
Inventory Review Hearing continued from 05/11/22:
Nothing filed since Letters issued. Prior Notes remain:
Letters issued 12/08/21. Inventory and Appraisal due 04/08/22.
Final Inventory and Appraisal not on file.
Appearance by Administrator (self-represented) required (by VCourt if preferred).

 

PR-21-000679 ESTATE OF BETTY MARIE RIVERA
Inventory Review Hearing continued from 05/05/22:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 02/22/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001005 ESTATE OF JEFFREY R. MALTBY, AKA JEFFREY ROBERT MALTBY
Inventory Review Hearing:
Letters issued 03/17/22. Inventory and Appraisal due 07/18/22.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 04/26/23 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-21-001165 ESTATE OF ROBERT D. MALTBY, AKA ROBERT DALE MALTBY
Inventory Review Hearing:
Letters issued 03/17/22. Inventory and Appraisal due 07/18/22.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 04/26/23 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-21-001142 ESTATE OF GERALD R. DELLER
Inventory Review Hearing:
Letters issued 03/17/22. Inventory and Appraisal due 07/18/22.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 04/26/23 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-21-001252 ESTATE IF DENNIS MONROE HAMMONDS, AKA DENNIS M. HAMMONDS, DENNIS HAMMONDS
Inventory Review Hearing continued from 05/12/22:
Nothing filed since previous hearing. Prior Note remains:
Letters issued 12/15/21. Inventory and Appraisal due 04/15/22.
Final Inventory and Appraisal not on file.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000087 ESTATE OF JANET KATHLENE EARL
Hearing on Petition for Letters of Administration (filed by Brenda Carmody) continued from 03/15/22, 05/03/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Item 8 must give the names, addresses, and dates of death if those named are deceased, of all those identified on page 3.
•    Please provide Family Trees for decedent (Petition states there are no surviving known next of kin) and decedent’s predeceased spouse.
•    Nomination of Petitioner to serve as personal representative was not attached.
•    Petitioner’s signature was not dated.
•    Waivers of bond are not on file.
•    Notice of Petition to Administer Estate (form DE-121) not on file.
•    Affidavit of publication not on file.
•    Proposed Letters not yet submitted.
Opposition filed – 08/01/22.
Recommend continuance to 08/30/22 to coincide with competing Petition for Letters of Administration (filed by Corey Priest).
Appearance not required (by VCourt if preferred).

 

PR-22-000296 ESTATE OF NIRAJ AMIT SINGH
Hearing on Petition for Letters of Administration continued from 05/10/22:
Prior Notes remain:
Heading of Petition, page 1, has boxes checked for both Letters Testamentary and for Letters of Administration.
Heading of Petition, page 1, omitted checkbox for administration under the Independent Administration of Estates Act (IAEA).
Petitioner’s telephone number omitted from item 2 of form DE-147, Duties and Liabilities.
Petitioner does not appear to have priority of appointment, nor is Petitioner a nominee of a person with priority (Probate Code sections 8461, 8465).
Attachment to petition requests no bond be required. 
•    Judicial Council form DE-142, Waiver of Bond, not on file for intestate heirs (Probate Code sections 6401, 8481).
      o    Guardian ad litem will be necessary to sign waivers of bond for minor children.
        X Proposed Guardian ad litem must be an attorney or someone represented by an attorney.
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

 

PR-19-000161 ESTATE OF VIRGINIA RODRIGUEZ YNIGUEZ, AKA VIRGINIA RODRIGUEZ, VIRGINIA YNIGUEZ
Hearing on Report of Sale and Petition for Order Confirming Sale of 7623 Monterey Avenue, Ceres, California, A.P.N.: 022 029 056 00, A.P.N.: 022 029 048 00: 
Notes have been cured.
•    Petition reflects all-cash bid by original buyer accompanied by deposit of less than 10% (LR 8.60).
      o    Escrow Deposit Receipt reflecting deposit of 10% of original bid has been filed ($23,000.00).
Hearing required.
Appearance by counsel required (in person).

 

 

PR-19-000965 MATTER OF THE RUTH M. MAPLES REVOCABLE TRUST
Related case CV-19-006451, Court’s Motion to Dismiss 8/22/22 1:30pm Dept 22.
Hearing on Petition to Approve Settlement Agreement (PrC§17200):
Request for Judicial Notice – file marked 05/19/22.
Notice appears complete.
Opposition file marked 08/12/22. Filing fee has not been paid. See Stanislaus County Superior Court Fee Schedule available for download https://www.stanislaus.courts.ca.gov/general-information/local-rules-fe… (GC§§70652, 70602.5, 7062.6).
Matter submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

 

PR-21-000733 ESTATE OF BARBARA ANN RUTLEDGE
Hearing on Petition for Final Distribution on Waiver of Account, etc.:
•    Paragraph 2 of Petition, date of decedent’s death does not appear to match Order for Probate file marked 01/04/22.
      o    Supplemental Declaration file marked 08/11/22 alleges that decedent’s date of death is different from what was alleged in the Petition and Order for Probate.
          X    An Amended Order for probate may be necessary.
•    Title of pleading described in item 1 of Notice of Hearing filed on 05/25/22 does not appear to conform to the title of this pleading.
      o    Supplemental Declaration file marked 08/11/22 confirms that the Notice of Hearing was incorrect. New Notice would appear to be required.
Recommend continuance to 09/30/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

 

PR-21-000954 ESTATE OF ROBBIE JEANETTE CUMMINS, AKA ROBBIE J. CUMMINS, ROBBIE CUMMINS
Hearing on First and Final Report of Executor, etc., and for Final Distribution Under Will to a Trust:
Notes have been cured.
Recommend approval of Report and Petition.
Recommend court vacate Account Review Hearing of 12/13/22.
Recommend Discharge Review Hearing 03/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000701 ESTATE OF RODGER BROWN
Hearing on Petition to Determine Succession to Real Property:
Copy of Assignment of Interest is attached as Exhibit 1.
•    Assignment has a different spelling of decedent’s name throughout the document.
•    Original Assignment is not on file.
Copy of deed showing current title was not attached or filed separately.
Proposed Order not yet submitted.
Recommend continuance to 09/30/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000710 ESTATE OF ELAINE LORETTA STURDEVANT
Hearing on Petition for Letters of Administration:
Petition item 3c did not include the county where decedent resided at time of death.
Petition item 3g(2)(c) was not completed (relationship of Petitioner to the decedent).
•    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 and Letters not submitted.
The Petition appears to estimates that the value of the Estate is far below the threshold that mandates a formal probate proceeding.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and https://www.courts.ca.gov/10440.htm  and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

PR-22-000721 ESTATE OF WILLIAM JOHN CUNNINGHAM, JR.
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 02/22/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000750 ESTATE OF WENDY D. MAYHUE, AKA WENDY DANELLE MAYHUE, WENDY DONELL MAYHUE
Letters of Special Administration expire today unless extended.
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Recommend Inventory Review Hearing 02/22/23.
Appearance not required (by VCourt if preferred).
 

 

THURSDAY, AUGUST 18, 2022
Department 22
8:30 a.m.

 

PR-19-000918 THE MADISON N. BOLING SPECIAL NEEDS TRUST
Order to Show Cause issued 05/04/22 to Trustee, Teresa Boling: 
•    To appear and show cause why she has not provided account statements necessary for preparation of reports.
Status Review Hearing continued from 03/16/2021, 12/15/21, 05/04/22:
Nothing filed since 12/03/20 Status Report.
Need Declaration from Trustee regarding status of repayment of trust assets with notice.
Appearance by counsel required (by VCourt if preferred). Appearance by Trustee, Teresa Boling, mandatory.

 

PR-19-001289 MATTER OF THE GLORIA STEAN WILLIAMS LIVING TRUST
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:
Prior Notes have been cured. Proof of service on file.
Matter submitted to Judge for determination.
Appearance by Petitioner and Respondent’s counsel required (by VCourt if preferred). 

 

PR-20-000260 ESTATE OF MELINDA SUE LUCE
Account Review Hearing continued from 05/04/22:
Nothing filed since previous hearing.
On 05/04/22, 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-21-000399 ESTATE OF JERRY FERRERA
Account Review Hearing:
Hearing on First and Final Report of Executor, etc., and Petition for Final Distribution continued from 08/02/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Copy of seller’s statement from sale of real property not provided.
•    Does not recite the terms of the Testamentary Trust [CRC 7.650].
•    Consent(s) of Trustee(s) of Testamentary Trust not on file.
•    Notice of Hearing did not include the Trustee(s) (as Trustees, not as beneficiaries).
•    Proposed Order submitted 07/20/22 does not appear compliant with CRC 7.650(a) re: finding of validity of trust created by will. 
Recommend continuance to 09/30/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-21-000510 ESTATE OF CARMELITA F. JACOBS, AKA CARMELITA FRANCES JACOBS
Account Review Hearing:
Neither Petition for Final Distribution nor PrC§12200 Report on file.
Recommend continuance to 11/16/22 for filing above pleadings. Recommend court direct personal representative to file PrC§12200 Status Report prior to the next hearing if estate is not in a position to be closed.
Appearance not required (by VCourt if preferred).

 

PR-21-000901 ESTATE OF MARY D. FISCHER
Inventory Review Hearing continued from 04/26/22:
Prior Notes remain:
Letters issued 12/02/21. Inventory and Appraisal due 04/04/22.
Final Inventory and Appraisal not on file.
A Petition for Termination purs. PrC§12251 has been filed and set for hearing 09/07/22.
Hearing of 09/07/22 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000813 ESTATE OF DELBERT E. RANDALL
Inventory Review Hearing:
Letters have not yet issued, as bond has not been filed.
Recommend continuance to 09/07/22, to coincide with hearing on Petition to Reduce Bond, etc.
Appearance not required (by VCourt if preferred).

 

PR-21-000981 ESTATE OF MATTHEW R. BOX
Inventory Review Hearing:
Letters issued 03/18/22. Inventory and Appraisal due 07/18/22.
Final Inventory and Appraisal not on file.
Recommend continuance to 10/19/22 to allow time for filing above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-22-000254 ESTATE OF LA VERN M. GOMES, AKA LA VERN MARTIN GOMES
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 05/04/22:
Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness has been filed. Matter of proving-up Will submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000952 ESTATE OF DENNIS CUMMINS, AKA DENNIS V. CUMMINS, DENNIS VAUGHN CUMMINS
Hearing on First and Final Report of Executor, etc., and Petition for Final Distribution:
The Will (paragraph 7) contained specific bequests, which appear not to have been included in the Petition for Final Distribution.
Report paragraph 20 (“costs”) appears to have either an omitted item or a miscalculation.
Paragraph 5 of prayer, in Report, appears to be missing the amount of administrative costs.
Report appears not to state either which acts were taken under the IAEA, or that personal representative took no acts under the IAEA.
Report does not appear to clearly describe the property on hand for distribution.
Report does not appear to clearly describe the proposed distribution.
Recommend continuance to 09/30/22 to allow time to cure defects.
Recommend court vacate the Account Review Hearing on 12/13/22.
Appearance not required (by VCourt if preferred).

 

 

PR-21-001178 ESTATE OF STEVEN GEORGE STAVRAKAKIS, AKA STEVE G. STAVRAKAKIS, STEVE STAVRAKAKIS
Hearing on First and Final Report, etc., and Petition for Final Distribution:
Notes have been cured. Recommend approval of Report and Petition.
Recommend court vacate the Account Review Hearing on 02/01/23.
Recommend Discharge Review Hearing 03/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000294 ESTATE OF HAROLD R. NIDA
Hearing on Petition to Instruct Successor Trustee to Transfer Assets to the Successor Trustee of the Harold R. and Donna R. Nida Revocable Living Trust and for an Order Authorizing and Directing the Transfer of Assets to the Successor Trustee of the Harold R. and Donna R. Nida Revocable Living Trust [PrC§17200(a)(6), PrC§850(a)(3)(B)]:
If no one appears to object, recommend approval of petition.
Appearance not required (by VCourt if preferred).

 

 

PR-22-000526 MATTER OF FERNANDO B. SILVA AND TERESINHA N. SILVA TRUST
Hearing on Petition for Order Confirming Successor Trustee and Property as a Trust Asset [PrC§850(a)(3)]:
•    Notice of Hearing, form DE-120, file marked 08/03/22, does not appear to comply with PrC§§851(c)(1) (description of property). Notice therefore appears defective. See judicial council form DE-115.
•    Notice of Hearing, form DE-115, file marked 08/11/22, reflects untimely notice pursuant to PrC§851.
On file from all interested parties are Acknowledgements of receipt of  notice, consents to order shortening time for notice, and consents to Petition.
Matter submitted to Judge, for determination of proper notice.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000727 ESTATE OF RUTH MARIE ANTONIO
Hearing on Petition for Probate of Will and for Letters Testamentary:
Petition item 2b requests that only one of the Petitioners be appointed as Executor.
Recommend continuance to 09/16/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000729 ESTATE OF ROBERT L. EINHELL
Hearing on Spousal Property Petition:
Notes have been cured.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

PR-22-000730 ESTATE OF MARGARET JOLEEN THRASHER
Hearing on Petition for Letters of Administration:
Notes have been cured.
Recommend approval of Petition. Bond of $200,000.00 appears adequate.
Recommend Inventory Review Hearing 02/23/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000738 ESTATE OF NANCY LUCILLE SULLIVAN, AKA NANCY L. SULLIVAN
Hearing on Petition for Letters of Administration:
Notes have been cured.
Recommend approval of Petition.
Recommend Inventory Review Hearing 02/23/23.
Appearance not required (by VCourt if preferred).

 

FRIDAY, AUGUST 19, 2022
Department 22
8:30 a.m.

 

PR-22-000545 ESTATE OF NETTIE MESTAS, AKA NETTIE V. MESTAS, NETTIE VIRGINIA MESTAS, VIRGINIA GARIPPO
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed continued from 07/20/22:
Prior Notes remain:
Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
Recommend continuance to 10/19/22 to allow time to cure defect.
Appearance not required (by VCourt if preferred).
If attorney appears and says that Proofs of subscribing witnesses are not necessary because part of the Will is in decedent’s own handwriting, then still needs to be continued for Declaration purs. PrC 8221 proof of testator’s handwriting.

 

 

MONDAY, AUGUST 22, 2022
Department 23
8:30 a.m.

 

2200623 MATTER OF ERICH HOFMANN TESTAMENTARY TRUST 
Case Management Conference continued from 04/18/22:
Appearances required (by VCourt if preferred).

 

1:30 p.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 Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
 

TUESDAY, AUGUST 23, 2022
Department 23
8:30 a.m.

84236 MATTER OF THE REIANNA DELGADO REVOCABLE TRUST
Account Review Hearing continued from 06/01/22:    
Hearing on Ninth Account and Report of Trustee for the Period of 01/01/20 through 12/31/21, Petition for its Settlement and Approval, for Allowance of Trustee’s Compensation and Attorneys’ Fees and Costs:
No defects found in pleadings. Notice appears complete.
Recommend approval of Ninth Account and Report.
•    Need proposed Order.
Recommend Account Review Hearing 06/06/24 for receipt of Tenth Account and Report of Trustee for period of 01/01/22 through 12/31/23.
Appearance not required (by VCourt if preferred).

 

Department 22
8:30 a.m.

2201429 ESTATE OF MARY A. CUSTER
Order to Show Cause issued 06/09/22 to attorney R. Hillberg (counsel for former personal representative) for his failure to appear on 06/09/22:
Hearing on Petition for Citation to Require Former Personal Representative to Appear and Account and Surcharge of Personal Former Personal Representative and for Attorney’s Fees (PrC§11051) continued from 06/09/22:
Objection filed – 05/26/22.
Proof of service of Citation file marked 07/14/22 reflects service on a party of Citee’s household (relative), and mailed service to Citee thereafter.
Appearance by former Personal Representative mandatory (in person). Appearance by counsel mandatory (by VCourt if preferred).

 

PR-22-000091 ESTATE OF KEVIN MAULIOLA CHING, AKA KEVIN M. CHING
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 05/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000123 ESTATE OF SUSAN KAY FANTAZIA, AKA SUSAN FANTAZIA, SUSAN K. FANTAZIA
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 05/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000124 ESTATE OF GARY KENT GOODMAN
Inventory Review Hearing:
Letters issued 03/25/22. Inventory and Appraisal due 07/25/22.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 05/02/23 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-22-000126 ESTATE OF ROBERT DON MEYER
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 05/16/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000128 ESTATE OF ANDREA GAIL MAGANA
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 05/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000135 ESTATE OF EVELYN DALE KUNTZ
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 05/03/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000136 ESTATE OF GREGORY S. ROSE, AKA GREGORY SCOTT ROSE
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 05/03/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000137 ESTATE OF TED A. POST
Inventory Review Hearing:
Partial Nos. 1 and 2 Inventory and Appraisal forms are on file.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 05/03/23 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-20-000609 ESTATE OF JORGE ALEJO DELRIO
Hearing on Petition for Final Distribution on Waiver of Account, etc.:
•    Paragraph 6 of Petition omits clear statement of compliance with PrC§9050 or a statement that there are no creditors known or reasonably ascertained.
•    Paragraph 13 alleges that Petitioner made advance distribution(s) without prior court approval. Please describe the distributions that have been made.
•    Paragraph 18 describes sale of real property. A Notice of Proposed Action does not appear to have been filed (Local Rule 8.100 D).
•    Exhibit A appears to have been omitted (closing statement).
Recommend continuance to 10/19/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-21-000785 ESTATE OF MAYNARD MELCHING
Hearing on Report of Executor, etc., and Petition for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 03/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000711 ESTATE OF PATRICIA ANN ARNOLD
Hearing on Petition to Determine Succession to Real Property:
•    Petition item 5a or 5b omitted (whether child of decedent was natural or adopted or natural adopted by a third party).
•    Attachment 14 appears to have omitted the relationships of those listed to the decedent.
•    Attachment 8 was omitted (Inventory and Appraisal).
•    Proposed Order appears not to comply with Local Rule 8.41 (location of judge’s signature).
Recommend continuance to 10/14/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000740 ESTATE OF PAUL A. DANIELSON, AKA PAUL ALAN DANIELSON    
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 02/23/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000745 ESTATE OF HEIDI A. WESTBY, AKA HEIDI ANN WESTBY
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 02/23/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000749 ESTATE OF JACQUELINE IDEN
Hearing on Petition for Letters of Administration:
•    Notice appears to have been published in a newspaper that has not been determined to be of general circulation in the city of decedent’s residence at time of death. Republication is necessary, and will not be reimbursable.
•    Petition item 8 identifies one heir as “Cheryl” however a Waiver of Bond was signed by an heir named “Cheri”. Notice is on file for “Cheryl” but not “Cheri”.
•    Proposed Letters not yet submitted.
Recommend continuance to 10/07/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000751 ESTATE OF MARGARITO PEREZ
Hearing on Spousal Property Petition:
•    Petition item 5a(2) was not completed (existence of issue of a predeceased child).
•    Petition item 9 was left blank (name, relationship, age, residence for all those identified in item 5).
•    Attachment 7 was not attached (declaration of facts). Please review item 7, and Local Rule 8.98. The Local Rules may be downloaded from https://www.stanislaus.courts.ca.gov/general-information/local-rules-fe… 
•    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.
•    Form DE-120, Notice of Hearing, not on file. See Probate Code sections 13655(a) and 1220. The Probate Code may be viewed online at https://leginfo.legislature.ca.gov/faces/home.xhtml 
•    Form DE-226, Proposed Order, has not yet been 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
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

PR-22-000753 ESTATE OF KATHLEEN MARIE HARDWICK
Hearing on Petition for Letters of Administration:
Item 8 appears to identify some relatives as “1st cousins” when they appear, based on the Family Tree, to be “1st cousins, once removed”. Examiner does not consider this defect to be fatal, as the Family Tree reflects their relationship to the Decedent.
•    Counsel’s signature on the Petition was not dated.
•    Proposed Letters not yet submitted.
Recommend continuance to 09/16/22 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

 

WEDNESDAY, AUGUST 24, 2022
Department 22
8:30 a.m.

2200342 THE VELMA L. BRISTOW TESTAMENTARY TRUST
Account Review Hearing continued from 12/08/21, 05/10/22:
Nothing filed since previous hearing. Prior Note remains:
Need Third Account and Report of Trustee for the period of 08/29/19 through 08/28/21.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000576 ESTATE OF BURTA HICKS HERGER
Petition for Probate of Lost Will and Letters Testamentary continued from 08/26/21, 11/09/21, 04/07/22:
Proposed Order item 2c(2) does not include the word “lost” in the admission of the lost Will to probate.
Objection to probate of Will filed 08/17/21.  Reply filed 11/01/2021.
Possible long-cause matter.
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000684 ESTATE OF ESMERALDA GUERRERO ENQUIST, AKA ESMERALDA GUERRERO
Hearing on First and Final Report of Administrator and Petition for Final Distribution continued from 05/18/22:
Nothing filed since previous hearing. Prior Notes remain:
DE-157 Notice to Creditors file marked 12/14/21 reflects that claimants were notified they have until four months after 03/09/22 to file a Claim. 
•    Time to file claims has not expired, so it would appear the estate is not in a position to be closed.
Paragraph 14 of Petition does not appear correct (actions taken under IAEA) as real property was sold (see Paragraph 16).
Proposed Order not yet submitted.
Recommend continuance to 08/24/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-21-000815 ESTATE OF JONATHAN NICKOLAS WILLIAMS
Letters not yet issued – proposed Letters were returned 02/15/22 purs. PrC§8403.
Hearing on Petition for Fraudulent Conveyance, Probate 850, Double Damages, Quiet Title, Constructive Trust, Concealment, Aiding & Abetting, and Civil Conspiracy continued from 10/20/21, 01/27/22:
•    Objection filed 10/25/21.
•    Possible long-cause matter.
Need status of meet-and-confer.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000708 ESTATE OF RICHARD NOE QUATTRIN
Inventory Review Hearing continued from 05/18/22:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 02/23/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001025 ESTATE OF SCOTT BENJAMIN STEELEY, AKA SCOTT B. STEELEY
Inventory Review Hearing continued from 05/19/22:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 02/28/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001257 ESTATE OF JACK L. HINTON
Inventory Review Hearing continued from 05/17/22:
Nothing filed since previous hearing.
Letters issued 12/23/21. Inventory and Appraisal due 04/23/22.
Final Inventory and Appraisal not on file.
On 05/17/22, the court ordered personal representative to file the Final Inventory and Appraisal prior to this hearing.
•    Recommend court issue an Order to Show Cause to personal representative and counsel to be personally present to receive the court’s order. 
•    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-21-001263 ESTATE OF RICHARD P. MOITOSO, AKA RICHARD PAUL MOITOSO
Inventory Review Hearing continued from 05/18/22:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 02/28/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000145 ESTATE OF PATRICA A. BAILEY, AKA PATRICIA ANN BAILEY
Inventory Review Hearing:
Final Inventory and Appraisal on file.
•    Specific bequests in the Will were not included in the Inventory and Appraisal. Examiner anticipates this will be addressed in the Petition for Final Distribution.
Recommend Account Review Hearing 04/26/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000148 ESTATE OF DONALD H. WAHL, AKA DONALD HUGH WAHL, DONALD H. WAHL, M.D.
Inventory Review Hearing:
Letters issued 03/24/22. Inventory and Appraisal due 07/25/22.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 04/26/23 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-20-000283 ESTATE OF LEON POWERS
Hearing on Report of Sale and Petition for Order Confirming Sale of Real Property at 20755 Reynolds Avenue, Dos Palos, California (APN: 013-110-012-000): 
•    All cash bid by original buyer accompanied by deposit of less than 10% (LR 8.60).
•    Date of (private) sale appears to have been prior to date in published Notice of Intention to Sell.  See PrC§§10300; 10306(a), and also Local Rule 8.55 - "The published notice of sale of real property constitutes a solicitation for offers. A petition must not be filed and an offer must not be accepted prior to the date of sale specified in the published notice. If this situation occurs, the sale will be denied."
Recommend court vacate sale and order a new sale pursuant to PrC10313(c).
Appearance not required (by VCourt if preferred).
 

 

PR-21-000438 ESTATE OF PATRICIA ANN POHORILAK
Hearing on First and Final Account and Report, etc., and Petition for Final Distribution:
Specific bequests in the Will do not appear to have been referenced in the Report.
Recommend continuance to 10/06/22 to allow time to address Note.
Recommend the court vacate the Account Review Hearing of 10/06/22.
Appearance not required (by VCourt if preferred).

 

PR-21-001336 ESTATE OF JERROL WILLIAM BOOTH, AKA JERROL W. BOOTH
Hearing on First and Final Report of Executors, etc., and Petition for Final Distribution:
•    Paragraph 14 “statutory fees” appears to contain a rounding error in the computation of statutory fees. Please see calculator tool available online at https://www.stanislaus.courts.ca.gov/divisions/probate/calculator-tools 
      o    New proposed Order will be needed.
•    Report appears not to state which acts were taken under the IAEA, or that personal representatives took no such acts under the IAEA.
•    There is insufficient information in court's file to determine if notice is adequate under PC§1208b, 15804.  Need copy of trust.
Recommend continuance to 09/30/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000559 MATTER OF JOLENE RAE FAIRBANKS LIVING TRUST
Hearing on Petition for Order Determining Title to Property [PrC§850(c)]:
Page 4 of 9 of the Trust (Exhibit 3) appears to have been omitted.
Recommend continuance to 09/30/22 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-22-000755 ESTATE OF OFELIA CIFUENTES
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Form DE-121, Notice of Petition to Administer Estate, not on file.
Proposed Letters not yet submitted.
Recommend continuance to 10/20/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000756 ESTATE OF LAZARO GONZALEZ CONTRERAS, AKA LAZARO G. CONTRERAS
Hearing on Spousal Property Petition:
Notice of Hearing not on file.
Proposed Order not yet submitted.
Recommend continuance to 10/20/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000763 ESTATE OF MICHAEL S. RUSH, AKA MICHAEL STEVEN RUSH, MICHAEL RUSH
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Proposed Letters not yet submitted.
Recommend continuance to 10/19/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000768 ESTATE OF CAROL J. OWENS, AKA CAROL JUNE OWENS
Hearing on Petition for Probate of Lost Will and for Letters Testamentary:
Lost will is not self-proving; Proofs of Subscribing Witness are on file.
Affidavit of publication not on file.
Proposed Order item 2c(2) does not include the word “lost” in the admission of the lost Will to probate.
Terms of lost Will not attached to the proposed Order (PrC§8223)..
Recommend continuance to 10/19/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000778 ESTATE OF RITA A. H. TOBIN
Hearing on Petition for Letters of Administration:
Petition item 1 omitted the name of the newspaper where notice is to be published.
Petition item 2 (name of Petitioner) and item 2b (name of proposed Administrator) do not match.
Affidavit of publication not on file.
Form DE-121, Notice of Petition to Administer Estate, not on file.
Proposed Order and Letters not yet submitted.
Recommend continuance to 10/19/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

Department 6
9:30 a.m.

 

445230 ESTATE OF LONNIE LAMONT ASHLOCK
Status Conference Review Hearing:
Appearances required (via Zoom if preferred).

 

 

THURSDAY, AUGUST 25, 2022
Department 22
8:30 a.m.

 

2201405 ESTATE OF KATHERINE V. McKINNIS
Order to Show Cause to both Personal Representatives issued 01/11/22, continued from 03/17/22, 05/18/22:
•    To appear and show cause why they should not be required to pay sanctions and be removed as Personal Representatives for neglecting to perform necessary acts as personal representatives (Probate Code sections 8500 and 8502) and to show why defects have not been cured so that estate may be distributed and closed (Probate Code section 12202). Failure to appear will result in sanctions, possible findings that the personal representatives are in contempt of court and/or removal of Personal Representative.
Hearing on Petition for Appointment of Successor Administrator with Will Annexed set 01/11/22 on the court’s own motion, continued from 03/17/22, 05/18/22:
Hearing on Petition for Final Distribution on Waiver of Account continued from 04/21/20, 07/01/20, 08/26/20, 10/27/20, 12/02/20, 12/23/20, 02/24/21, 04/21/21, 05/26/21, 07/21/21, 09/28/21, 01/11/22, 03/17/22, 05/18/22:
Notes have been cured. Notice appears complete.
Recommend discharge of Order to Show Cause.
Recommend approval of Petition as supplemented. Need new proposed Order reflecting approval of Account.
Appearances by co-Administrators mandatory (by VCourt if preferred).  Appearances by Public Administrator and County Counsel excused.

 

444600 MATTER OF FRANK E DRULLINGER TRUST
Hearing on Seventh Account and Report of Successor Trustee (for period 01/01/19 through 12/31/20) continued from 05/17/22: 
•    Schedule C “Disbursements” reflects one “unknown customer withdrawal” of $3,859.00 on 12/13/19.
•    Pleading is verified by attorney and not Trustee, which does not appear compliant with CRC 7.103.
•    Notice of Hearing file marked 08/09/22 reflects that there was an attached page that appears to be missing (bottom of page 2, checkbox “continued on an attachment”).
•    Counsel to update court with Trustee’s status. Declaration file marked 08/10/22 described last status of counsels’ search for Trustee.
Appearance by counsel required (by VCourt if preferred).

 

PR-19-000965 MATTER OF THE RUTH M. MAPLES REVOCABLE TRUST
Status Review Hearing continued from 05/06/21, 06/03/21, 10/05/21, 01/19/22, 05/11/22:
Prior Notes remain:
•    No accounting on file as ordered in Order file marked 01/14/21.
•    No petition for settlement of account on file as ordered in Order file marked 01/14/21.
•    Opposition file marked 05/02/22 requested continuance of 60 days to complete accounting.
Appearance by Trustee's counsel and Petitioner's counsel required, Appearance by former Trustee’s counsel, Perry Popovich, mandatory (by VCourt if preferred).

 

444235 ESTATE OF JOHN MACHADO
Account Review Hearing:
Recommend court direct personal representative to file PrC§12200 Status Report of Administration if estate is not in a position to be closed.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-000492 ESTATE OF JACKSON WORLEY STEPHENS
Account Review Hearing continued from 10/07/21, 01/19/22, 05/12/22:
PrC§12200 Status Report has been filed and set for hearing 10/06/22.
Hearing of 10/06/22 will be confirmed.
No appearance required (by VCourt if preferred).

 

PR-19-001229 ESTATE OF LARRY M. MANES
Hearing on First PrC§12200 Status Report and Request to Terminate purs. PrC§12251 continued from 05/26/22:
Notes have been cured.
Request to terminate probate proceedings and discharge bond is recommended for approval. 
•    Need proposed Order.
Appearance not required (by VCourt if preferred).

 

PR-20-000756 ESTATE OF ROBERT TILDEN HARRIS, JR.
Hearing on Third PrC§12200 Status Report continued from 02/01/22, 05/17/22:
•    Notice of Hearing pursuant to PrC§12201 not on file.
•    Pleading cannot be considered until notice has been perfected.
Hearing on Fourth PrC§12200 Status Report continued from 05/17/22:
Notice is complete.
Recommend Account Review Hearing 11/10/22 as requested in report.
Appearance not required (by VCourt if preferred).

 

PR-19-000510 ESTATE OF JESUS RIVERA
Inventory Review Hearing continued from 02/20/20, 04/21/20, 07/01/20, 08/12/20, 11/19/20, 05/19/21, 05/24/22:
•    Partial No. 1 Inventory and Appraisal on file.
•    Need Final Inventory and Appraisal.
On 05/24/22, court ordered personal representative to file 5th PrC§12200 Status Report of Administration, with Notice of Hearing, within 60 days if Final Inventory and Appraisal and Petition for Final Distribution are not on file. Neither Petition for Final Distribution, Fifth PrC§12200 Status Report, nor Final Inventory and Appraisal 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 counsel required (by VCourt if preferred).

 

PR-20-000815 ESTATE OF BUDDY JOE LYNCH
Inventory Review Hearing:
Letters issued 03/28/22. Inventory and Appraisal due 07/28/22.
Final Inventory and Appraisal not on file.
Appearance by personal representative (self-represented) required (by VCourt if preferred).

 

PR-21-001399 ESTATE OF CHARLES STONER
Inventory Review Hearing:
Final Inventory and Appraisal on file. Attachment to I&A was not labeled 1 or 2.
Recommend Account Review Hearing 04/27/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001420 ESTATE OF PATRICIA A. PARRAZ
Inventory Review Hearing:
Final Inventory and Appraisal on file. Attachment to I&A was not labeled 1 or 2.
Current bond does not appear sufficient. Notice of Proposed Action filed in April reflects the real property was sold with net proceeds above the amount of bond posted.
Appearance by counsel required to address bond (by VCourt if preferred).

 

PR-22-000274 LEOPOLD T. PRESCOTT LIVING TRUST
Hearing on Petition to Compel Trustee to Account; for Distribution to Petitioner; for Damages for Trust Property Wrongfully Appropriated by Trustee; for Reimbursement for Major Repairs and Renovation Performed by Petitioner on Trust Property; for Attorney’s Fees (PrC§§859, 17211) continued from 05/26/22:
Nothing filed since previous hearing. Prior Notes remain:
Petition appears to be out of page order.
Exhibit A (copy of Trust) not attached.
Exhibit B (letter to Respondent’s counsel) not attached.
Body of the Petition does not state the addresses of each person entitled to notice (PrC§17201). Petition states Petitioner intends to obtain addresses through discovery.
Notice of Hearing not on file.
Proposed Order not yet submitted.
Response filed – 05/17/22.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000336 ESTATE OF PHYLLIS DARLENE ASHWORTH
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 05/17/22:
Objection was filed after the deadline given by the court during the hearing on 05/17/22. Proof of service of Objection not on file.
Recommend approval of Petition and admission of Will to probate.
Joint and several bond of $280,000.00 appears appropriate.
Recommend Inventory Review Hearing 02/28/23.
Appearance not required (by VCourt if preferred).

 

PR-18-000751 ESTATE OF BERNICE SARAH HAGERTY
Hearing on Status Report Regarding Account Review Hearing:
Notice of Hearing not on file.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000119 ESTATE OF GWENDOLYN G. JAMES, AKA GWEN G. JAMES, GWEN JAMES
Hearing on First and Final Report of Executor, etc., and Petition for Final Distribution:
Notarized Waivers of Account not on file for all beneficiaries (Haley Lewis).
Proposed Order not yet submitted.
Recommend continuance to 10/20/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000560 MATTER OF JOSE G. AND CELESTE C. ROMEIRO IRREVOCABLE GRANTOR TRUST
Hearing on Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to Trust (PrC§850):
Notice appears to be defective:
•    Notice of Hearing file marked 06/08/22 did not provide the street address for the subject property (PrC§851).
•    Notice of Hearing file marked 07/27/22 reflects notice was untimely (PrC§851).
Proposed Order not yet submitted.
Recommend continuance to 10/20/22 to allow time to cure defect with Notice.
Appearance not required (by VCourt if preferred).

 

PR-22-000743 ESTATE OF ORAN DALE SOWELL, AKA ORAN SOWELL
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    Item 8 must list all those named in the Will, whether or not they are devisees (former spouse).
      o    Notice not on file for this individual.
•    Item 8 must list all those named in the Will with the name spelled as it appears in the Will – an “AKA” may be used in item 8 to property identify the correct individual (Saundra “Grube”).
•    Notice appears to have been published in a newspaper that has not been determined to be of general circulation in the city of decedent’s residence at time of death.
      o    Republication will be required, and will not be reimbursable.
Recommend continuance to 10/07/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000764 ESTATE OF ISABEL F. SILVEIRA, AKA ISABEL SILVEIRA, ISABEL SILVEIRA FONTES
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    Item 8 omitted the date of death for the decedent’s spouse.
•    Item 8 omitted the date of death for the decedent’s issue (Joe Faustino Silveira).
•    Petitioner does not appear to have been named as Executor in the Will, however she was nominated to serve as Executor by alternate Executor / beneficiary. 
      o    Petitioner would appear to be a proposed Administrator with Will Annexed.
          X    Order and Letters must conform.
Recommend continuance to 10/07/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000779 ESTATE OF SCOTT IVES
Hearing on Spousal Property Petition:
Item 1a and 7a were checked, but Attachment 7a was not attached. Attachment 7b was attached, although items 1b and 7b were not checked. Examiner does not consider this defect to be fatal.
If no one appears to object, recommend approval of petition.
Appearance not required (by VCourt if preferred).

 

 

FRIDAY, AUGUST 26, 2022
Department 22
8:30 a.m.

 

PR-22-000608 ESTATE OF JACQUELINE SHIRLEEN LaVIGNE, AKA JACQUELINE S. LaVIGNE, JACKIE LaVIGNE
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 08/03/22:
•    Notice appears to have been published in a newspaper that has not been determined to be of general circulation in the city of decedent’s residence at time of death.
      o    Republication will be required, and will not be reimbursable.
Recommend continuance to 10/25/22 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-22-000677 ESTATE OF ERIC ALAN NICHOLSON, AKA ERIC NICHOLSON
Hearing on Spousal Property Petition continued from 07/28/22:
Prior Notes have been cured.
If no one appears to object, petition is recommended for approval.
Appearance not required (by VCourt if preferred).

 

PR-22-000678 ESTATE OF WAYNE ERLANDSON
Hearing on Petition for Letters of Administration continued from 07/28/22:
Nothing filed since previous hearing. Prior Notes remain:
Affidavit of publication file marked 07/22/22 included a request to admit will and codicils, when decedent died intestate. Cost of republication will not be reimbursable.
Proposed Letters not yet submitted.
Recommend continuance to 10/25/22 to allow time for republication.
Appearance not required (by VCourt if preferred).

 

Add-on:
PR-22-000683 ESTATE OF STEPHEN RODARTE
Hearing on Spousal Property Petition continued from 08/11/22:
Nothing filed since previous hearing. Prior Notes remain:
It does not appear that the original Will has been lodged with the court.
Notice of Hearing not on file.
Recommend continuance to 10/20/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

 

MONDAY, AUGUST 29, 2022
Department 23
1:30 p.m.

PR-20-000292 MATTER OF MARY LOU RIDPATH TRUST
Related case no. PR-21-001018
Settlement Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.

 

PR-21-001018 THE MARY LOU RIDPATH 2005 TRUST
Related case no. PR-20-000292
Settlement Conference:
Appearances mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
 

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