Probate Notes

Probate Examiner, Anne Holsinger, may be reached at Probate.Examiner@stanct.org . Telephone calls can be directed to the Probate Unit as set forth above. Emails must have the case identification information and hearing time/date in the subject line. No attachments will be opened. The Probate Examiner can only respond to inquiries regarding the meaning of comments in the notes. Please do not email to notify that documents have been filed, to request a confirmation whether documents have been received, or to request the clearing of notes. No legal or procedural advice may be given by the Probate Examiner in response to your email.

• It is the goal of the Probate Examiner to have Probate Notes posted five (5) calendar days prior to the hearing.
• Defects described in the Probate Notes must be corrected prior to approval of the moving papers. 
• If you are filing documents to cure technical defects, they should be filed NO LATER THAN FIVE COURT DAYS before the hearing.  Later-filed documents might not be reviewed prior to the hearing and could result in a continuance of your case.

Probate Notes will be updated as needed when late-filed documents are reviewed.  Please note:  Late-filed documents that do not contain the hearing date in the caption require more time and effort to be matched to the files.  This may result in an otherwise avoidable continuance.

POSTED FEBRUARY 6, 2023, IN EFFECT FROM 02/13/23 THROUGH 02/22/23

•  Due to staffing levels, updates to the Notes may be delayed.

 

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

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

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

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

 

POSTED DECEMBER 17, 2021

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

 

POSTED OCTOBER 13, 2021

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

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

• Effective July 1, 2021, pursuant to Local Rule 8.04(D) , all communication with the Probate Examiner must be conducted via email, Probate.Examiner@stanct.org . Communication must be limited to the content of Probate Notes. 

 

FRIDAY, MARCH 24, 2023
Department 22
8:30 a.m.

 

PR-20-000076 ESTATE OF MARI ELLEN DAVIS
Hearing on Petition for Settlement on Final Account, Final Distribution, for Order Allowing Statutory Compensation of Attorney’s Fees and Administrator’s Fees, and Reimbursement of Costs continued from 02/08/23:
Prior Notes have been cured.
Recommend approval of Petition.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000296 ESTATE OF NIRAJ AMIT SINGH
Order to Show Cause issued 01/20/23 to Petitioner:
•    To appear and show cause why case should not be dismissed for failure to appear on 01/20/23, failure to cure defects.
Hearing on Petition for Letters of Administration continued from 05/10/22,8/17/22, 10/26/22, 01/20/23:
•    Attachment to petition requests no bond be required. 
      o    Judicial Council form DE-142, Waiver of Bond, on file for decedent’s surviving spouse but not decedent’s two issue who are the other intestate heirs (Probate Code sections 6401, 8481).
                X    Guardian ad litem will be necessary to sign waivers of bond for minor children.
                         •    Proposed Guardian ad litem must be an attorney or someone represented by an attorney.
                          •    Declaration file marked 03/20/23 alleges that a Guardian ad Litem has waived bond. It does not appear that a Guardian ad Litem has been appointed in this case.
Request that bond not be required will be determined by the Judge.
Appearance by Petitioner (self-represented) mandatory (by VCourt if preferred).

 

PR-22-000397 ESTATE OF KENNETH EDWARD WALKER, AKA KENNETH E. WALKER, KENNY WALKER
Hearing on First and Final Report of Administrator, etc., and Petition for Final Distribution continued from 02/28/23:
Prior Notes have been cured.
Request for attorney’s extraordinary compensation is submitted to Judge for determination.
Matter will be set for Discharge Review Hearing 10/26/23.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-001318 ESTATE OF THERESA LERMA, AKA THERESA C. LERMA, THERESA CORENDA LERMA
Hearing on Petition for Letters of Administration continued from 01/24/23, 02/23/23:
•    Petition item 8 included second generation heirs but not the deceased ancestor through which they take (please see Local Rule 8.26 E).
      o    A Family Tree may be helpful.
•    Notice not on file for decedent’s two brothers or decedent’s great nephew.
Recommend continuance to 04/28/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

Add-on:
PR-21-001452 ESTATE OF WILLIAM SCOTT JENNINGS, AKA SCOTT JENNINGS, WILLIAM S. JENNINGS
Account Review Hearing:
Hearing on Petition for Final Distribution on Waivers of Accounting, etc. continued from 03/09/23, 03/14/23:
•    Waiver of Accounting was signed by the Guardian. 
      o    Letters of Guardianship file-marked 03/21/23 did not bear a court seal on page 2.
Submitted to Judge for determination.
Appearance required (by VCourt if preferred).

 

MONDAY, MARCH 27, 2023
Department 23

1:30 p.m.

 

PR-21-001122 ESTATE OF ROSA DURAN
Case caption of Petition file marked 10/01/2021: “ANGELICA VEGA, GUADALUPE MALDONADO, ALEJANDRA GARCIA, ESTHER MORENO VS. MIGUEL DURAN, JR., PATRICIA GIL AND DOES 1 THROUGH 10”
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.
 

TUESDAY, MARCH 28, 2023
Department 24
8:30 a.m.

 

PR-18-000785 ESTATE OF KEVIN A. MONZON
Account Review Hearing:
Neither Petition for Final Distribution nor Fourth PrC§12200 Status Report of Administration on file.
Recommend court direct Administrator to file a Fourth PrC§12200 Status Report (with PrC§12201 Notice) within 90 days of today’s hearing date if estate is not in a position to be closed.
Recommend continuance to 08/15/23 to allow time for filing of above pleading.
Appearance not required (by VCourt if preferred).

 

Department 22
8:30 a.m.

PR-22-000002 ESTATE OF MARK WAYNE GIRDNER
Inventory Review Hearing:
Amended Receipt showing proof of deposit of estate funds into blocked account on file.
Letters issued 09/30/22. Inventory and Appraisal due 01/30/23.
Final Inventory and Appraisal on file:
•    Bottom of page 1 is meant to be signed by the personal representative’s attorney, if any, or the personal representative herself if she is acting as her own attorney.
•    Attachment 1 omitted. See Probate Code section 8800 onward and Form DE-161.
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 personal representative (self-represented) required (by VCourt if preferred).

 

PR-22-000572 ESTATE OF SHANNON PRAHSER
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing 07/11/23.
Hearing of 07/11/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-22-000857 ESTATE OF GWENDOLYN LORRAINE BROUILLARD, AKA GWENDOLYN L. BROUILLARD, GWEN BROUILLARD
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/28/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000980 ESTATE OF J B VAN WINKLE
Account Review Hearing:
Hearing on Petition for Approval of First and Final Report, etc., and Petition for Final Distribution continued from 03/08/23:
Prior Notes have been cured.
Recommend court vacate today’s Account Review Hearing.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 10/26/23. 
Appearance not required (by VCourt if preferred).

 

PR-21-001242 THE MAXWELL HEINZLE SPECIAL NEEDS TRUST
Account Review Hearing:
Need First Account Current of Trustee.
Recommend continuance to 08/29/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000003 ESTATE OF ANGELA MARIE YORK, AKA ANGELA M. YORK, ANGELA YORK
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 07/06/23.
Hearing of 07/06/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-22-000059 ESTATE OF HARLEY MICHAEL MASON-KOCHER, AKA HARLEY M. MASON-KOCHER
Account Review Hearing: 
Final Inventory and Appraisal on file.
Affidavit of mailing not attached to Notice of Proposed Action. See Local Rule 8.100.
A Petition for Final Distribution has been filed and set for hearing 07/25/23.
Hearing of 07/25/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000536 ESTATE OF JESUS PLANCARTE-BOCANEGRA AKA JESUS PLANCARTE BOCANEGRA
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court allow administration to remain open and set an Account Review Hearing 11/07/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001418 ESTATE OF MARY E. VAN DYKE, AKA MARY ELIZABETH VAN DYKE
Hearing on Petition for Final Distribution of Estate on Waivers of Accounting, etc.:
Notice of Hearing not on file for individual requesting special notice.
File reflects that prior court fees have been paid. Recommend court terminate Fee Waiver.
Recommend approval of Petition.
Recommend court vacate and reset Account Review Hearing of 03/29/23 to 10/26/23 for accounting on retains pursuant to Local Rule 8.68.
Appearance not required (by VCourt if preferred).

 

PR-22-000006 ESTATE OF WHITNEY DABNEY, AKA WHITNEY CHARLES DABNEY
Hearing on Petition for Final Distribution of Estate on Waivers of Accounting, etc.:
Recommend approval of Petition.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000540 ESTATE OF JOHN HENNESSEY, AKA JOHN PATRICK HENNESSEY
Hearing on Motion for Attorney’s Fees and Costs:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

 

PR-23-000070 MATTER OF VALERIE ANGUIANO SETTLEMENT PROTECTION TRUST
Hearing on Petition to Establish Minor’s Settlement Trust; Appoint Trustee;  Authorize Interim Trustee Fees; Transfer Venue for Ongoing Court Jurisdiction; Setting Bond; Authorize Investments in Mutual Funds and Bonds with Maturity Dates Greater than Five Years; and Attorneys’ Fees and Costs:
•    Petitioner has filed Points and Authorities regarding the following requested Trust terms:
      o    Making the Trust revocable for only thirty days after beneficiary’s 18th birthday at which time the terms of the Trust significantly change.
      o    Removing the bond requirement if the Trust remains in place more than thirty days after beneficiary’s 18th birthday.
      o    Allowing Trustee to pay himself fees on an interim basis. 
                X    The Points and Authorities allege that the request complies with CRC 7.903 regarding court’s authority to permit periodic payments on account, however the language used in the Petition and proposed Order could be interpreted as the court authorizing Trustee to pay himself on whatever terms he deems appropriate provided he does so at unspecified “interims” pursuant to his Fee Schedule and thereafter requests approval at the time of the biennial accounting. Petitioner has not described: 
                        •    Trustee’s expected services;
                        •    The expected time Trustee will spend during the account period;
                        •    The specific amount of compensation which the court is to authorize be paid periodically;
                        •    The periods of time at which Trustee may pay himself.
Petition is submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

PR-23-000161 ESTATE OF BERTHA MEZA, AKA BERTHA HERNANDEZ MEZA, BERTHA MEZA HERNANDEZ
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Recommend Inventory Review Hearing 09/28/23.
Appearance not required (by VCourt if preferred).

 

PR-23-000180 ESTATE OF GERALD R. RUBY, AKA JERRY R. RUBY
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    Will waives bond for personal representative, however personal representative resides out of state. See PrC§8573 regarding Statement of Residence; see PrC§§8402, 8571 regarding bond. 
      o    Waivers of bond not on file.  Bond may be required.
Request that bond not be required submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

PR-23-000185 ESTATE OF BALJINDER K. GILL
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Recommend Inventory Review Hearing 09/28/23.
Appearance not required (by VCourt if preferred).

 

 

WEDNESDAY, MARCH 29, 2023
Department 23
8:30 a.m.

PR-22-000418 JOHN HAMM TRUST
Order to Show Cause issued to Petitioner 03/07/23:
•    To appear and show cause why Petition should not be dismissed.
Appearance by Petitioner (self-represented) mandatory.

 

Department 22
8:30 a.m.

 

2200062 ESTATE OF MARY RUBY ANDRUS, AKA MARY R. ANDRUS, MARY ANDRUS
Hearing on Petition for First Account of Administrator, Settlement of Account and Status Report continued from 12/07/22:
•    Schedule F (Disbursements) includes a disbursement to the personal representative of $8,640.00 on 1/16/18 for “clean up and sale prep”.  
      o    Declaration file marked 03/06/23 recharacterizes this disbursement as extraordinary compensation paid to the personal representative without prior court authorization. See CRC 7.700(a) and (b).
•    Recommend court defer approval of unauthorized extraordinary compensation paid to the personal representative until the Petition for Final Distribution, to be considered in conjunction with any petition for statutory compensation [CRC 7.703(a)].
•    Recommend approval of First Account Current save for request for approval of extraordinary compensation, which shall be deferred until Final Accounting.
•    Recommend Account Review Hearing 09/27/23.
Appearance not required (by VCourt if preferred).

 

388580 MATTER OF JEREMY MILLER SPECIAL NEEDS TRUST
Bond Review Hearing continued from 12/07/22: 
•    Proof of supplemental bond not on file as ordered per Order file marked 01/07/21.
•    Sixth Account claims that counsel was told by the surety company that the company does not emboss “an increase to the bond”. 
•    Attached to the Supplement file marked 03/23/23 is a copy of a document titled “surety rider” reflecting consent of the surety company to amend something from 206000 to 325000 and dated 10/01/2020. The document is unsigned, bears an electronic (not wet) seal, and does not use the symbol “$” to indicate the numbers constitute US Dollars.
      o    Examiner notes that the court on 01/06/21 ordered the bond increased from $206,000.00 to $248,000.00, not $325,000.00.
•    Review of the rest of this file shows that counsel was in the past able to obtain Bond “Surety Riders” from the surety company that were signed and sealed (file marked 05/23/18 and 11/05/18).
•    Examiner proposes court direct counsel to bring the signed and sealed (not necessarily embossed) surety rider to the court hearing for the court’s inspection.

Hearing on Petition for Order Approving Sixth Account and Report of Trustee, and for Attorney’s Fees and Costs continued from 12/07/22:
New Notes:
•    Corrected amount of proposed supplemental bond appears appropriate.
•    Notice of Hearing not on file for Department of Health Care Services, Department of State Hospitals, or Department of Developmental Services (Local Rule 8.101.1).
•    Supplement corrected attorney’s hourly rate and updated total hours spent but did not modify the amount of attorney’s fees requested. Please provide the total amount of attorney’s fees requested.
•    Supplement identifies a disbursement of $1,028.00 dated 10/02/20 “Cash Withdrawal” “Monte Johnson”. This is not clear – what was the purpose of this disbursement and who or what is Monte Johnson? 
•    Paragraph 8 appears to misstate the amount of current bond. The court’s prior order which increased the bond (file marked 01/07/21) ordered bond be increased to $248,000.00. This may not be a defect – it appears that Trustee may have obtained a bond increase higher than what the court had ordered. Waiting for surety rider to be filed to confirm.
Prior Notes remain:
•    Statement regarding family/affiliate relationship omitted [see PrC§1064(a)(4)].
•    Proposed Order not on file.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000551 MATTER OF WILLIAM R. BARTER LIVING TRUST
Order to Show Cause issued 12/01/22 to Petitioner:
•    To appear and show cause why sanctions should not be imposed for failure to appear, including dismissal of case.
•    Substitution of counsel file marked 03/09/23.

Hearing on Petition to Invalidate Trust; Contest Will; Financial Elder Abuse; and Conversion continued from 08/19/21, 10/07/21, 02/01/22, 05/26/22, 09/07/22, 12/01/22:
Objection filed 08/17/21.
Possible long cause matter.
Need status of discovery and meet-and-confer.
Appearance by counsel required (by VCourt if preferred). Appearance by Petitioner mandatory (by VCourt if preferred).

 

PR-21-001259 ESTATE OF DONALD EDGAR CARTER, AKA DONALD E. CARTER, DONALD CARTER
Account Review Hearing:
Hearing on First and Final Report of Executor and Petition for Final Distribution, etc. continued from 03/02/23:
Prior notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001402 ESTATE OF JULIO C. LOPEZ
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 05/10/23.
Hearing of 05/10/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-001418 ESTATE OF MARY E. VAN DYKE, AKA MARY ELIZABETH VAN DYKE
Account Review Hearing:
Hearing will be vacated on 03/28/23.
No appearances.

 

PR-22-000814 ESTATE OF JOHN CELLUCCI
Inventory Review Hearing:
Letters issued 10/03/22. Inventory and Appraisal due 02/03/23.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 11/07/23 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-22-000931 MATTER OF DONNA LEE WARNER SEPARATE PROPERTY TRUST
Hearing on Amended (file-marked 02/27/23) First and Final Account and Report of the Co-Trustees for the Period of 01/28/21 to 02/13/23, Inclusive; Waiver of Trustee Fees; and Petition for Order Settling Account, Approving Attorneys’ Fees, and Approving Final Distribution [PrC§§1060-4, 16063, 17200(b)(5)] continued from 12/01/22:
•    Deadline for objection to Trustee’s amended account has not yet elapsed, pursuant to Article 13.1 of Trust.
•    Objection filed – 03/20/23.
•    Reply to Objection filed – 03/22/23.
Appearance by counsel required (by VCourt if preferred).

 

PR-18-000116 ESTATE OF GUADALUPE A. OROZCO, AKA LUPE OROZCO
Hearing on Motion to be Relieved as Counsel:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

 

PR-21-001132 ESTATE OF BILL LEWIS FLOYD
Hearing on First and Final Report, etc., and Petition for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000136 ESTATE OF GREGORY S. ROSE, AKA GREGORY SCOTT ROSE
Hearing on First and Final Report, etc., and Petition for Final Distribution:
Recommend approval of Report and Petition.
Recommend court vacate the Account Review Hearing of 05/03/23.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000218 ESTATE OF GILBERT DANIELS, AKA GIL DANIELS
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed:
•    Letters Testamentary have already been issued and have not been revoked, nor is item 3g(4) checked on the petition to indicate that this is a petition for a successor personal representative.
      o    A Declaration regarding the status of the case and/or the purpose of this petition does not appear to have been filed.
•    Item 3a (date of death) does not appear correct.
•    A copy of the decedent’s Will was not attached [see item 3f(2)].
•    Item 8 identifies two people as beneficiaries who are not named as beneficiaries in the decedent’s Will. Please specify the deceased ancestor through which they take (see Local Rule 8.26 E).
•    Notice not on file for the personal representative of the deceased heir’s estate.
•    Notice not on file for the attorney of the existing personal representative.
•    Proposed Order item 5 (bond) was omitted.
Recommend continuance to 06/14/23, to coincide with Account Review Hearing already set, to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-23-000071 MATTER OF SEBASTIAN ANGUIANO SPECIAL NEEDS TRUST
Hearing on Petition to Establish a Special Needs Trust; Appoint Trustee; Authorize Interim Trustee Fees; Transfer Venue for Ongoing Court Jurisdiction; Setting Bond; Authorize Investments in Mutual Funds and bonds with Maturity Dates Greater than Five Years; and Allow Attorneys’ Fees and Costs:
•    The Second Supplement file marked 03/21/23 alleges that the request for court authorization allowing Trustee fees on an “interim basis” complies with CRC 7.903 regarding court’s authority to permit periodic payments on account, however the language used in the Petition and proposed Order could be interpreted as the court authorizing Trustee to pay himself on whatever terms he deems appropriate provided he does so at unspecified “interims” pursuant to his Fee Schedule and thereafter requests approval at the time of the biennial accounting. Petitioner has not described: 
      o    Trustee’s expected services;
      o    The expected time Trustee will spend during the account period;
      o    The specific amount of compensation which the court is to authorize be paid periodically;
      o    The periods of time at which Trustee may pay himself.
Petition is submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

PR-23-000192 ESTATE OF BRANDON DAVID NARRON
Hearing on Petition for Letters of Administration:
•    Heading of petition on page 1 omitted checkbox for “Authorization to Administer Under the Independent Administration of Estates Act”.
•    Petition item 1 did not include the name of the newspaper where notice is to be published.
•    Petition item 2a(1) requests petitioner be appointed as executor (of a Will) but the rest of the petition reflects the decedent died intestate (without a Will).
•    Petition item 3(a) did not specify the place where decedent died. “Residence” does not provide sufficient detail.
•    Petition item 3c was not completed (street address, city, and county of decedent’s residence at time of death).
•    Petition item 3d reflects that the decedent’s estate is below the threshold that requires a formal probate petition, and a Declaration explaining why formal probate is necessary has not been filed.
•    Petition item 3e was left blank (regarding bond).
•    Petition item 5a(3) or (4) was left blank (existence of registered domestic partner).
•    Petition item 8 did not include the name and address of decedent’s mother, if alive, or her name and death of death, if deceased.
•    Notice of Petition not on file for decedent’s mother, if she is living.
•    Form DE-142 Waiver of Bond not on file from decedent’s wife, decedent’s father, decedent’s mother (if she is living). Bond may be required. 
•    Form DE-147 Duties and Liabilities not on file.
•    Affidavit of publication not on file.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by petitioner (self-represented) required (by VCourt if preferred).

 

THURSDAY, MARCH 30, 2023
Department 22
8:30 a.m.

 

PR-19-000504 ESTATE OF DAVID GEORGE TARONE
Discharge Review Hearing continued from 07/27/21, 10/26/21, 04/07/22, 09/08/22, 12/06/22:
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-21-000110 James R. Ortez, Jr. 2008 Revocable Family Trust 
Hearing on Petition to Remove Trustee and to Appoint Successor Trustee continued from 12/06/22:
Opposition filed – 02/07/23. 
•    Trustee disputes right of petitioner to request an accounting, alleging that petitioner is a remainder beneficiary.
•    Trustee requests release of the lis pendens.
Possible long cause matter.
Appearance required (by VCourt if preferred).

 

PR-21-001426 ESTATE OF DONALD WAYNE ELLERD, AKA DONALD ELLERD
Account Review Hearing:
•    Recommend court vacate Account Review Hearing.
Hearing on First and Final Account, etc., and Petition for Final Distribution continued from 02/09/23:
Prior Notes have been cured.
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-20-000643 ESTATE OF JESSIE AURELIO BARGAS
Account Review Hearing continued from 11/22/22:
A Petition for Final Distribution has been filed and set for hearing 07/19/23.
Notice of Hearing not yet on file.
Hearing of 07/19/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000095 ESTATE OF KREG E. NELSON
Account Review Hearing continued from 09/20/22, 11/18/22:
•    Recommend court vacate Account Review Hearing.
Hearing on Petition for Settlement on Waiver of Account, Final Distribution, etc.:
•    Notice of Proposed Action must be filed, with affidavit of mailing attached, per Local Rule 8.100.
•    Copy of final seller’s statement was not attached or filed separately.
•    Waivers of Accounting do not bear notary’s acknowledgement (Local Rule 8.69).
•    Notice of Hearing not on file (PrC§11000).
•    Proposed Order not yet submitted.
Recommend continuance to 05/04/23 to allow time to cure defects, give Notice.
Appearance not required (by VCourt if preferred).

 

PR-21-000146 ESTATE OF RUFUS LEE HARRIMAN
Account Review Hearing continued from 12/08/22:
A Petition for Final Distribution has been filed and set for hearing 06/29/23.
Notice of Hearing not yet on file.
Hearing of 06/29/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-001432 ESTATE OF MARILYN ROSE COCHRAN
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 05/17/23.
Hearing of 05/17/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-001436 ESTATE OF MICHAEL J. McCOURTIE
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 07/12/23.
Hearing of 07/12/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000924 ESTATE OF CYNTHIA JOAN CULBRETH
Inventory Review Hearing continued from 09/08/22, 12/07/22:
Letters issued 04/08/22. Inventory and Appraisal due 08/08/22. Final Inventory and Appraisal not on file.
On 12/07/22, the court ordered Personal Representative to file the Final Inventory and Appraisal pursuant to Probate Code § 8804.
Partial No. 1 Inventory and Appraisal is on file.
Recommend court direct personal representative to file a PrC§12200 Status Report within 90 days of this hearing date with the specific instruction that the report shall address delay in filing the Final Inventory and Appraisal.
Recommend court set Account Review Hearing 08/02/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000755 ESTATE OF OFELIA CIFUENTES
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/09/23.
Appearance not required (by VCourt if preferred).

 

PR-18-000751 ESTATE OF BERNICE SARAH HAGERTY
Hearing on Account and Report of Custodian, Petition for Reallocation of Custodianship Accounts:
If no one appears to object, recommend approval of Account and Petition as supplemented.
Need proposed Order.
Recommend Discharge Review Hearing 10/26/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000021 ESTATE OF HARBHAJAN SINGH MOUNDI
Hearing on Motion to Stay the Spousal Property Order:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

 

PR-23-00146 In re the Barbara J. Reece 1993 Revocable Living Trust 
Petition by Denise Paige Lauderdale, granddaughter of Settlor Barbara J. Reece, to Invalidate Restated Amendment to Trust Based on Undue Influence, and for Damages for Elder Abuse 
Recommend continuance to July 26, 2023.  No proof of service is on file.  
Appearance by counsel required (by VCourt if preferred).

 

PR-23-000173 ESTATE OF DEANNA L. HESTNAS, AKA DEANNA LEE HESTNAS, DEANNA L. KAML, DEANNA LEE KAML, DEANNA L. STALL, DEANNA LEE STALL
Hearing on Petition for Probate of Lost Will and for Letters Testamentary:
•    Petition item 2b omitted name of proposed personal representative.
•    Petition item 8 must include names as they are written in the Will; AKA’s may be used to identify the correct individuals.
•    Will waives bond for personal representative, however personal representative resides out of state. See PrC§8573 regarding Statement of Residence; see PrC§§8402, 8571 regarding bond. 
      o    Waivers of bond not on file.  Bond may be required.
•    There is insufficient information in court's file to determine if notice is adequate under PrC§§1208b, 15804.  
      o    Need copy of trust.
•    Copy of Lost Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
•    Attachment 3f(3) purports itself to be a Declaration regarding the request to admit a lost will pursuant to PrC§6124 but it does not appear to address the requirements of that section. Was the will last in the testator’s possession? Was the testator competent until death?
•    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.
•    Proposed Letters not yet submitted.
Recommend continuance to 05/04/23 to allow time to cure defects, give Notice.
Appearance not required (by VCourt if preferred).

 

PR-23-000196 ESTATE OF MELVIN MENDES, AKA MELVIN A. MENDES
Hearing on Petition for Probate of Will and for Letters Testamentary:
•    The last name of co-petitioner with initials D.B. is spelled differently throughout the pleadings. Petition items 2 and 2b, for example, as well as proposed Order item 3 and proposed Letters item 1.
•    Petition item 8 must include names as they are written in the Will; AKA’s may be used to identify the correct individuals.
•    Affidavit of publication not on file.
Recommend continuance to 04/14/23 to allow time to cure defects, give Notice.
Appearance not required (by VCourt if preferred).

 

PR-23-000198 ESTATE OF THOMAS J. ARNEMANN, AKA THOMAS JOSEPH ARNEMANN
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Need Letters.
Recommend Inventory Review Hearing 10/03/23.
Appearance not required (by VCourt if preferred).

 

PR-23-000200 ESTATE OF CARMEN SOUSA, AKA CARMEN COVARRUBIAS
Hearing on Petition for Letters of Administration:
Petitioner does not appear to have priority of appointment, nor is Petitioner a nominee of a person with priority (Probate Code sections 8461, 8465). A person with priority does not appear to have filed a competing petition.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Form DE-140 Proposed Order not submitted.
Recommend continuance to 04/14/23 to allow time to cure defects, give Notice.
Appearance not required (by VCourt if preferred).
 

TUESDAY, APRIL 4, 2023
Department 22
8:30 a.m.

PR-18-000314 ESTATE OF DIANE FRANCIS BELLO, AKA DIANE FRANCIS KAISER
Hearing on Amended PrC§12200 Status Report (filed 03/01/23) of Administration continued from 12/08/22:
•    Notice of hearing not on file for those who filed Requests for Special Notice.
•    Report was not verified by the personal representative.
•    Report does not state how long is needed for close of the estate.
Recommend continuance to 04/21/23 to allow time to cure defect with notice.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000677 ESTATE OF CYNTHIA A. HOOD
Account Review Hearing:
Neither Petition for Final Distribution nor Second PrC§12200 Report on file.
Recommend court direct personal representative to file Second PrC§12200 Status Report within 90 days if estate is not in a position to be closed.
Recommend continuance to 09/26/23 to allow time for filing above pleading.
Appearance not required (by VCourt if preferred).

 

PR-20-000756 ESTATE OF ROBERT TILDEN HARRIS, JR.
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 05/16/23.
Hearing of 05/16/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000232 ESTATE OF TONY GARCIA PEREZ, AKA TONY G. PEREZ, TONY PEREZ
Account Review Hearing continued from 05/18/22, 11/29/22:
A Petition for Final Distribution has been filed and set for hearing 07/25/23.
Hearing of 07/25/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000341 ESTATE OF MEK FRANK INTHAVONG
Account Review Hearing continued from 09/20/22, 12/08/22:
A Petition for Final Distribution has been filed and set for hearing 05/25/23.
Hearing of 05/25/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000784 ESTATE OF MARSHALL LAZAR
Account Review Hearing continued from 12/13/22:
A Petition for Final Distribution has been filed and set for hearing 06/14/23.
Hearing of 06/14/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000903 ESTATE OF XIAOBO ZHANG, AKA XIAOBO ZHANG-COOK
Account Review Hearing continued from 12/14/22:
A Petition for Final Distribution has been filed and set for hearing 05/18/23.
Hearing of 05/18/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-20-000815 ESTATE OF BUDDY JOE LYNCH
Inventory Review Hearing continued from 08/25/22, 12/07/22:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 03/28/22. Inventory and Appraisal due 07/28/22.
Final Inventory and Appraisal not on file.
On 12/07/22, the court ordered Co-Personal Representatives to file the Final Inventory and Appraisal pursuant to Probate Code § 8804.
      o    Recommend court suspend co-administrators pursuant to PrC§8500.
      o    Recommend court issue Order to Show Cause to co-administrators, citing them for contempt and removal from office pursuant to PrC§8502 for failure to file Inventory and Appraisal as ordered pursuant to PrC§8804. 
      o    Recommend court refer matter to the Public Administrator and County Counsel, pursuant to PrC§7621, for appointment of Public Administrator.
Appearance by co-personal representatives (self-represented) required (by VCourt if preferred).

 

PR-22-000402 ESTATE OF RUSSELL LEE HERRINGTON, AKA RUSSELL L. HERRINGTON
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing 05/16/23.
Hearing of 05/16/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-22-000877 ESTATE OF CELIA FERNANDEZ
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 11/07/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000686 MATTER OF OZBIRN FAMILY 1993 TRUST
Order to Show Cause issued 12/07/22 to Petitioner’s counsel:
•    To appear and show cause why sanctions should not be imposed for failure to appear on 12/07/22.
•    Failure to appear on 04/04/23 will result in dismissal of case.
Hearing on Second Amended Petition (file marked 02/17/23) for Direction (PrC§17200) continued from 09/08/22, 11/17/22, 12/07/22:
Notice appears complete. Declaration re: attorney’s fees and costs not yet on file. Proposed Order not submitted.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

 

PR-18-000614 ROBERT ROHSLAN, JR. SPECIAL NEEDS TRUST
Hearing on Second Account Current and Report of Trustee and for Allowance of Attorney’s Fees, Fees and for Trustee’s Clerical Services, and for Amendment of Trust:
•    Paragraph 2 of Report reflects this account period starts 01/08/20, but the First Account period ended 05/27/20. Please clarify.
      o    Examiner was not able to review the Schedules as the attached Schedules duplicated items that overlapped the First Account that ended 05/26/20.
•    Beginning property on hand at start of account period does not conform to the property on hand at the end of the account period as reflected in the Supplement to the First Account file marked 09/15/20.
      o    The amount on hand at the end of the account period described in the Summary of Account attached to the Supplement to the First Account does not appear to match the financial account statement dated 06/08/20 attached to the Second Account and Report Exhibit C. 
•    Schedule of Disbursements: not all entries include both payor and purpose as required. See categories auto, home maintenance.
•    It appears that Trustee at times did work that benefited both sibling Trusts and that she invoiced her time to both SNT’s. It may be appropriate for Trustee to include a line in future Reports clarifying that she invoiced her time divided in each Trust rather than invoicing the same time to both Trusts.
•    Please break down the itemization of the $138.40 in e-filing costs requested to be reimbursed.
•    Notice not on file for “settlor’s heirs” pursuant to Article II section D of the Special Needs Trust as their interest may be affected by the petition to amend the Trust (see PrC§§15804, 17203, CCP§§413.10 et seq.).
•    Recommend continuance to 07/26/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-18-000615 ALICE ROHSLAN SPECIAL NEEDS TRUST
Hearing on Second Account Current and Trust Report of Trustee etc. continued from 03/15/23:
Nothing filed since previous hearing. Prior Notes remain:
•    Exhibit A (Receipts): Total of settlement income does not appear correct. There are two receipts dated 5/12/20 listed on the Schedule for the same amount.
•    Exhibit B (Attorney’s invoice) reflects a court appearance on 01/13/23 when no hearing was scheduled that day. Review of Minute Orders from 2022 and 2023 reflect an attorney made one appearance on 10/04/22, so Examiner does not consider this defect to be fatal.
•    Notice not on file for “settlor’s heirs” pursuant to Article II section D of the Special Needs Trust as their interest may be affected by the petition to amend the Trust (see PrC§§15804, 17203, CCP§§413.10 et seq.).
New Note:
•    It appears that Trustee at times did work that benefited both sibling Trusts and that she invoiced her time to both SNT’s. It may be appropriate for Trustee to include a line in future Reports clarifying that she invoiced her time divided in each Trust rather than invoicing the same time to both Trusts.
Recommend continuance to 07/26/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-19-001037 ESTATE OF DAVID DOUGLASS
Future Hearings 05/03/23 on petitions for removal, for approval of 1st interim account.
Hearing on Motion to Compel Response to Request for Production of Documents and Request for Sanctions:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

 

PR-21-000653 ESTATE OF EDITH JEAN HOULNE
Hearing on Waivers of Accounting; Report of Administration; Allowance of Compensation to Attorney for Ordinary Services; and Petition for Final Distribution:
•    The amount attorney will reimburse to personal representative does not appear to equal the total unspent funds advanced to counsel by personal representative (Paragraph 30 of Report).
      o    As the PR is seeking reimbursement from the estate of the entire $1,500.00 that he advanced to counsel, it would appear the unspent amount of the advance would be properly reimbursed from counsel to the estate, not to the personal representative.
•    Waivers of Accounting must be filed separately (PrC§10954), not only attached as Exhibits.
•    Notice of Hearing not on file (PrC§11000).
•    Proposed Order not yet submitted. Please be specific as to the amount of funds that will be distributed to each heir as the court will compare the Order to the future receipts.
•    Corrected Inventory and Appraisal provides incomplete identification of most of the assets. 
      o    Please identify the type of financial account, not only the name of the financial institution. 
      o    Please describe any retirement or pension plans as such, not only by the plan’s common acronym.
      o    Examiner is not familiar with “Federated Hermes” which is itemized twice. Please describe what the nature of that asset is and differentiate the two assets in some way.
      o    Examiner is not familiar with “VALIC” which is itemized twice. Please describe what the nature of that asset is and differentiate the two assets in some way.
Recommend continuance to 07/25/23 to allow time to cure defects, give notice.
Appearance not required (by VCourt if preferred).

 

PR-21-000754 ESTATE OF JOHN C. CASON, AKA JOHN CARLTON CASON, JOHN CASON
Hearing on First and Final Report, etc., and Petition for Final Distribution:
•    Notice of Hearing not on file (PrC§11000).
Recommend court vacate Account Review Hearing of 07/19/23.
Recommend continuance to 04/28/23 to allow time for Notice.
Appearance not required (by VCourt if preferred).

 

PR-23-000101 ESTATE OF KARL R. WUCHERER
Hearing on Petition for Letters of Administration:
•    Heading of petition page 1 omitted check in box “Authorization to Administer Under the Independent Administration of Estates Act”.
•    Petition item 5a(3) or (4) omitted (existence of registered domestic partner).
•    Petition item 5a(7) or (8) omitted (existence of issue of a predeceased child).
•    Form DE-147 Duties and Liabilities not on file.
•    Form DE-121 Notice of Petition to Administer Estate not on file.
      o    Form DE-120 may not be used for this purpose. See Probate Code section 8100.
•    Affidavit of publication not on file.
•    Forms DE-140 and DE-150, Proposed Order and Letters, not submitted.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

PR-23-000207 ESTATE OF FELIX VEGA
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Recommend continuance to 04/21/23 to allow time for publication.
Appearance not required (by VCourt if preferred).

 

PR-23-000214 ESTATE OF DEMETRIA AGUILAR FRANCO, AKA DEMETRIA A. FRANCO
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Need new proposed order reflecting decedent died intestate.
Recommend continuance to 04/28/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-20-000793 ESTATE OF DEBRA JOAN MACHADO
Discharge Review Hearing continued from 05/18/22, 11/23/22:
Ex Parte Petition for Final Discharge and Order has been received and is recommended for approval.
Hearing will be vacated.
Appearance not required (by VCourt if preferred).