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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 JANUARY 17, 2023, IN EFFECT FROM 01/17/23 THROUGH 01/27/23

  • The posting of Probate Notes will likely be delayed between January 17, 2023 and January 27, 2023 due to staffing levels. 
  • Non-urgent matters may need to be continued - although we will do everything we can to keep continuances to a minimum. 

 

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

 

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. 

 

WEDNESDAY, JANUARY 25, 2023
Department 22
8:30 a.m.

445274 ESTATE OF ARVIL WAYNE GILBERT, AKA WAYNE GILBERT, ARVIL GILBERT, ARVIL W. GILBERT
Discharge Review Hearing continued from 09/08/20, 11/03/20, 02/24/21, 03/24/21, 03/24/22, 07/26/22, 10/05/22:
Nothing filed since previous hearing. Prior Notes remain:
Receipts on Distribution not all on file.
Ex Parte Petition for Final Discharge and Order not on file.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-000115 ESTATE OF ROBERT H. RODRIGUEZ, AKA ROBERT HIGINIO RODRIGUEZ & ROBERT RODRIGUEZ
Discharge Review Hearing, continued from 08/25/21, 10/26/21, 03/10/22, 07/20/22, 10/12/22:
Ex Parte Petition for Final Discharge and Order has been received and is recommended for approval.
Hearing will be vacated.
No appearance required (by VCourt if preferred).

 

PR-18-000826 MATTER OF JOAN CUNNINGHAM LIVING TRUST
Status Review Hearing:
Trial-setting.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000223 MATTER OF MARLENE R. THOMPSON FAMILY TRUST
Petition to Compel Trustee to Account, and to Remove Trustee and Appoint Successor Trustee continued from 05/11/21, 08/31/21, 10/19/21, 02/03/22, 06/07/22, 09/14/22:
Objection on file (05/10/21).
Possible long cause matter.
Late-filed Accounting file marked 06/03/22.
-    Not verified by Trustee.
-    No proof of service on file.
Accounting file marked 08/01/22.
-    Not verified by Trustee. Verification filed separately (attached to Declaration file marked 09/12/22.
-    No proof of service on file as was ordered by the court on 06/07/22.
-    Objection filed – 08/26/22.
Matter will be continued to 05/03/23 pursuant to Joint Status Declaration file marked 01/09/23, for further status hearing.
Appearance not required (by VCourt if preferred).

 

PR-19-001227 ESTATE OF MAURINE COOK
Hearing on First and Final Report of Successor Administrator, etc., and Petition for Final Distribution continued from 05/18/22, 07/14/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Declaration of Successor Administrator file marked 06/15/22 reflects that one of the intestate heirs passed away in 2001 and that Administrator has no personal knowledge of where this person died or resided at time of death: R. Nashid A. Mahdee, issue of one of the decedent’s predeceased siblings.
      o    A Waiver of Bond signed by this individual (date of signature 01/31/20) is on file, file marked 02/21/20.
      o    Proofs of service filed early in the onset of this case reflect notice was mailed to this heir at an address in this state.
•    Proposed distribution did not include Reginald Crosby, the issue of decedent’s deceased sibling [see PrC§§6402(c), 240]. Assignments of Interest or Disclaimers not on file.
•    Waiver of Account file marked 06/15/22 identified the Successor Administrator as “attorney-in-fact” for one of the intestate heirs. Please provide supplemental documentation reflecting attorney-in-facts status as such.
•    Report states that the Personal Representative advanced funds of $2,500.00 which were applied (in part) to costs of administration. Report does not state if Personal Representative requests or waives reimbursement.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000416 ESTATE OF FRANK EMERICO GUERRA
Hearing on Petition for Final Distribution on Waiver of Accounting, etc. continued from 08/16/22, 10/25/22:
Prior Notes have been cured.
Recommend approval of Petition.
Recommend Discharge Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000428 ESTATE OF BOBBY JOE SHELDON
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 04/27/23.
Hearing of 04/27/23 will be confirmed.
Appearances not required (by VCourt if preferred).

 

PR-21-000522 ESTATE OF LEE JAMES
Account Review Hearing continued from 10/12/22:
A Petition for Final Distribution has been filed and set for hearing 03/08/23.
Hearing of 03/08/23 will be confirmed.
Appearances not required (by VCourt if preferred).

 

PR-21-001305 ESTATE OF DANIEL J. STEVENS
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 04/18/23.
Hearing of 04/18/23 will be confirmed.
Appearances not required (by VCourt if preferred).

 

PR-21-001356 ESTATE OF LESLIE DARRELL CROUSE, AKA L. DARRELL CROUSE
Account Review Hearing:
Hearing on First and Final Report, etc., and Petition for Final Distribution:
Recommend approval of Report and Petition.
•    Need new proposed Order that specifies the assets to be distributed to each heir.
Recommend Discharge Review Hearing 07/27/23.
Appearances not required (by VCourt if preferred).

 

PR-20-000404 ESTATE OF ROSLAND PEARL WAYNES
Hearing on First and Final Account, etc., Petition for Decree of Final Distribution:
•    Paragraph 15.3 (administrative costs) includes a remote court appearance fee of 05/11/20, which was prior to the opening of this case. Please clarify.
•    Notice of Proposed Action must be filed, with affidavit of mailing attached, per Local Rule 8.100.
•    Petition seeks extraordinary attorney compensation of $2,900.00, however invoice attached to Exhibit 3 reflects fees of $1,505.00. Please clarify.
•    Please submit points and authorities regarding personal representative’s petition to allow him to reimburse himself for expenses incurred prior to decedent’s death. 
      o    Please include documentation to support allegation in paragraph 15.2 that there was an agreement between decedent and the personal representative to divide costs equally.
      o    Please include documentation to support allegation that personal representative paid for all of the expenses and costs during that period.
      o    Identify the payee and purpose of expenses, when appropriate. Exhibit 6 includes expenses from 2019 that identify the payee but not the purpose.
•    Proposed Order not yet submitted.
Recommend continuance to 05/02/23 to allow time to cure defects, provide points and authorities.
Appearance not required (by VCourt if preferred).

 

 

PR-22-001133 ESTATE OF KIM LUANA CHENAULT, AKA KIM L. CHENAULT, KIM CHENAULT, KIM LUANA WEBSTER, KIM L. WEBSTER
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Proposed Order and Letters not yet submitted.
Recommend continuance to 03/17/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-22-001162, In the Matter of the William G. and Emily B. Blackwell Revocable Living Trust
Petition by alleged Bypass Trust Beneficiary Cathleen Blackwell to Confirm Interest in Trust and to Compel an Accounting (Probate Code Section 17200)
Objection filed by Trustee Ronald Lee Blackwell on the grounds of untimeliness and lack of standing.
Petition is Opposed.  Hearing required (by VCourt if preferred).

 

PR-22-001321 ESTATE OF FRANK S. AGUILAR
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Recommend Inventory Review Hearing 07/25/23.
Appearance not required (by VCourt if preferred).

 

PR-22-001324 ESTATE OF JANIE MARTINEZ
Hearing on Spousal Property Petition:
If no one appears to object, recommend approval of petition.
Appearance not required (by VCourt if preferred).

 

ADD-ON:
PR-22-000519 ESTATE OF JESUS GONZALO PEREZ, AKA JESUS GONZALO PEREZ CISNEROS
Hearing on Petition for Letters of Administration continued from 07/12/22, 08/12/22, 10/19/22, 01/13/22:
Petitioner seeks reduced bond and limited IAEA authority. On 08/12/22, court set bond at $20,000.00 and directed Petitioner to file ex parte pleadings for appointment of Guardian ad litem for minor heir.
•    Proposed Order Appointing GAL is recommended for approval.
Appearance by counsel required (by VCourt if preferred).

 

THURSDAY, JANUARY 26, 2023
Department 22
8:30 a.m.

PR-20-000290 SABRION OKIS BUSH SPECIAL NEEDS TRUST
Account Review Hearing:
Hearing will be vacated.
Hearing of 02/09/23 will remain as set on First Account and Report of Trustee.
Appearance not required (by VCourt if preferred).

 

PR-20-000492 ESTATE OF JACKSON WORLEY STEPHENS
Account Review Hearing 
Petition for Final Distribution has been filed and set for hearing 02/22/23.
Hearing of 02/22/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-20-001119 ESTATE OF FRANK CLIFFORD CARSON
Account Review Hearing continued from 09/29/22:
Nothing filed since previous hearing.  
Letters were issued 04/29/21. Inventory and Appraisal due 08/30/21.
Partial Inventory and Appraisal on file.
Final Inventory and Appraisal is not on file.
On 07/12/22, 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.
On 09/29/22, court ordered a PrC§12200 Status Report to be filed prior to this hearing date, if estate is not in a position to be closed.
•    A Report of Status was filed, but not a 12200 Status Report, as was ordered.
Appearance by Personal Representative and counsel required (by VCourt if preferred).

 

PR-21-000621 THE JACK L. FREY LIVING TRUST
(Related case PR-21-000888)
Account Review Hearing:
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000888 THE JACK L. FREY TRUST
(Related case PR-21-000621)
Account Review Hearing:
Status Report on file.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-001353 ESTATE OF KENNETH LEE GARDNER, AKA KENNETH L. GARDNER, KENNETH GARDNER
Account Review Hearing:
A Status Report of Administration has been filed and set for hearing 03/01/23.
Hearing of 03/01/23 will be confirmed.
Appearances not required (by VCourt if preferred).

 

PR-21-001370 ESTATE OF NANCY EVANS
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 03/21/23.
Hearing of 03/21/23 will be confirmed.
Appearances not required (by VCourt if preferred).

 

PR-21-001381 ESTATE OF CECIL CHESTER GANN, AKA CECIL C. GANN
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 05/11/23.
Hearing of 05/11/23 will be confirmed.
Appearances not required (by VCourt if preferred).

 

PR-21-000102 GEORGE J. AND EDNA MAE MILLER LIVING TRUST
Related case PR-21-000515 (contested) on calendar 05/16/23.
Status Review Hearing:
Matter will be continued to 05/16/23 to coincide with hearing in related matter.
Appearances not required (by VCourt if preferred).

 

PR-21-001253 ESTATE OF ERNEST J. HERNANDEZ
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Inventory and Appraisal omitted several specific bequests identified in the Will. This will need to be addressed prior to approval of the Final Account.
Recommend Account Review Hearing 09/07/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000490 ESTATE OF GLORIA A. JOHNSON, AKA GLORIA ADELYN JOHNSON
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 08/03/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000579 ESTATE OF LOUIS CHARLES BLAND, AKA LOUIS C. BLAND, L C BLAND, LOUIS C. BLAND, SR.
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
Recommend Account Review Hearing 08/03/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000766 MATTER OF EDGAR EUGENE SILL 2021 REVOCABLE LIVING TRUST
Hearing on Petition Seeking Orders On 1) Invalidation of Trust Due to Undue Influence; 2) Invalidation of Trust Due to Lack of Capacity; 3) Financial Elder Abuse; 4) Constructive Trust; 5) Double Damages Under Probate Code Section 859; 6) Civil Theft; 7) Restricting Gena Fay Brummel From Using Trust Funds to Pay Attorney Fees and Costs of This Litigation; and 8) Payment of Attorneys’ Fees and Costs continued from 09/29/22.
Answer filed – 09/19/22.
Possible long-cause matter.
Matter will be continued to 03/09/23 pursuant to Joint Declaration of counsel file marked 01/06/23, to allow time for discovery.
Appearance not required (by VCourt if preferred).

 

PR-21-001365 ESTATE OF MATTHEW T. SIMONTON
Hearing on Petition for Final Distribution, etc., and Report on Waiver of Account:
Recommend approval of Petition.
Recommend court vacate Account Review Hearing of 02/07/23.
Recommend Discharge Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000214 ESTATE OF PRECILIANO FLORES, JR.
Hearing on Petition for Final Distribution on Waiver of Account etc.:
•    Paragraphs 7 and 8 do not appear sufficient pursuant to PrC§9202 (notice required if decedent was surviving spouse of a person who received health care, etc.)
•    Statement regarding family/affiliate relationship omitted [see PrC§1064(a)(4)].
•    A copy of the final seller’s statement following sale of the real property was not attached.
Recommend continuance to 03/10/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-001211, In the Matter of the Melvin T. Wheeler 2016 Trust
Hearing on Petition for Instructions by trustees John and David Wheeler
If no one appears to object, Petition is recommended for approval.
Appearance not required (by VCourt if preferred).

 

FRIDAY, JANUARY 27, 2023
Department 22
8:30 a.m.

PR-21-000680 ESTATE OF JULIO CESAR SALGADO, AKA JULIO SALGADO, JULIO C. SALGADO
Hearing on First and Final Report of Administrator, etc., and Petition for Final Distribution continued from 12/01/22:
Prior Notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 07/27/23.  
Appearance not required (by VCourt if preferred).

 

PR-22-000576 ESTATE OF JACK D. BARNES
Order to Show Cause issued 12/02/22 to Petitioner:
Order to Show Cause will be discharged as Petitioner has complied with the court’s order and cured the defects.
Hearing on Petition for Letters of Administration reset from 07/21/22 due to court’s unavailability, continued from 09/27/22, 10/07/22, 12/02/22:
Prior Notes have been cured.
Recommend approval of Petition.
Recommend Inventory Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred.)

 

PR-22-000805 ESTATE OF EDDIE RAY FOREST
Hearing on Petition to Determine Succession to Real Property continued from 09/01/22 and reset from 10/14/22 due to the court’s unavailability, continued from 12/09/22:
Prior Notes have been cured.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

PR-22-000927 ESTATE OF THOMAS WENDELL SLEEMAN
Hearing on Petition for Letters of Administration continued from 10/13/22, 12/16/22:
Prior Notes have been cured.
Recommend approval of Petition.
Recommend Inventory Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred.)

 

PR-22-001108 ESTATE OF MARY JESSIE RAMIREZ
Hearing on Amended Spousal Property Petition (file marked 11/30/22) continued from 12/06/22:
Prior Notes have been cured.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

PR-22-001113 ESTATE OF MICHAEL S. CHEN
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 12/06/22:
Prior Notes have been cured.
Will is not self-proving per Local Rule 8.23.  Proofs of Subscribing Witness on file.
Recommend approval of Petition and admission of Will to probate.
Recommend Inventory Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred.)

 

PR-22-001179 ESTATE OF HENRY LEON SHEPHERD
Hearing on Amended Spousal Property Petition (file-marked 11/04/22) continued from 12/15/22:
Prior Notes have been cured.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

Add-on:
PR-21-000346 ESTATE OF JOAQUINA RODRIGUEZ
Hearing on First and Final Report, etc., and Petition for Final Distribution continued from 10/25/22:
Prior Notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred).
 

MONDAY, JANUARY 30, 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, JANUARY 31, 2023
Department 22
8:30 a.m.

Add-on:
PR-22-001161 MATTER OF JOHN COLENDICH JR. 2014 LIVING TRUST 
Petition by Trustee Fred G. Salvato, for an Order Confirming Trustee and Assets as Trust Property (Probate Code Section 850, Heggstad Petition)
If no one appears to object, Petition is recommended for approval.  
Appearance not required (by VCourt if preferred)

 

Add-on:
PR-22-000867 MATTER OF PRASAD FAMILY LIVING TRUST
Hearing on Petition by Sophia Prakash to Compel Trustee; To Return Property to the Estate (Probate Code 850); To Charge Respondent with Breach of Fiduciary Duty, with Wrongful Taking, and for Exemplary Damages and Attorney Fees and Costs, continued from 11/22/22, 01/24/23:
Recommendation:  Hearing required (by VCourt if preferred).

 

Add-on:
PR-22-000222 ESTATE OF JOHN A. BARCELOS, AKA JOAO ALBERTO BARCELOS
Inventory Review Hearing continued from 10/27/22, 01/19/23: 
Corrected Final Inventory and Appraisal filed 01/12/23.

Hearing on First and Final Report, etc., and Petition for Final Distribution continued from 01/19/23:
No defects found in Report and Petition.
•    Proof of notice not on file for the State Attorney General (PrC§§8111, 1209).
Recommend continuance to 02/24/23 to allow time for notice.
Appearance not required (by VCourt if preferred).

 

Add-on:
PR-22-001309 ESTATE OF DAVID CLYDE BAILEY
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 01/19/23:
•    Will waives bond. Request for waiver of bond for co-Executor who resides out-of-state submitted to Judge for determination (PrC§8571).
Appearance by counsel required (by VCourt if preferred).

 

Add-on:
PR-22-001285 ESTATE OF LINDA JEAN MODARESI
Hearing on Petition for Letters of Administration continued from 01/18/23: 
Affidavit of publication not on file.
Recommend continuance to 02/24/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

Add-on:
2201429 ESTATE OF MARY A. CUSTER
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, 08/23/22, 11/30/22, 01/18/23:
Objection filed – 05/26/22.
Possible long-cause matter.

Hearing on Amended First and Final Account and Report of Attorney for Administrator and Petition for Settlement and for Allowance of Statutory Compensation to Attorney continued from 01/18/23:
No defects found in Amended Account and Report. Notice appears complete.
Recommended for approval.

Appearance by counsel required (by VCourt if preferred).

 

PR-21-000151 ESTATE OF HENRIETTA PATRICIA WEBB, AKA HENRIETTA P. WEBB
Order to Show Cause issued 12/29/22 to personal representative:
•    To appear and show cause why she should not be sanctioned for her failure to appear on 12/29/22, and for her failure to obtain discharge.
Discharge Review Hearing continued from 06/02/22, 12/29/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Ex Parte Petition for Final Discharge and Order was returned for correction on 05/05/22 (need Declaration regarding $1,500.00 retains).
Appearance by personal representative mandatory (by VCourt if preferred).

 

PR-21-000161 ESTATE OF PAUL T. RODRIGUES, AKA PAUL TONY RODRIGUES, PAUL RODRIGUES
Discharge Review Hearing continued from 09/27/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Ex Parte Petition for Final Discharge and Order was returned for correction on 04/20/22 (receipts of distribution do not account for all property on hand specified in the Order for Final Distribution).
Recommend court issue Order to Show Cause to co-personal representatives to appear and show cause why they should not be sanctioned for failure to provide receipts and obtain discharge.
Appearance by counsel and co-personal representatives required (by VCourt if preferred).

 

PR-21-000732 ESTATE OF BARBARA LEE HUFFMAN
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has been received and is recommended for approval.
Hearing will be vacated.
No appearance required (by VCourt if preferred).

 

PR-19-000044 ESTATE OF PATRICIA ANN FERNANDEZ
Account Review Hearing:
A PrC§12200 Status Report of Administration has been filed and set for hearing 03/02/23.
Hearing of 03/02/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-21-000171 EASTON AVANTS SPECIAL NEEDS TRUST
Account Review Hearing:
Hearing will be vacated.
Account Review Hearing 01/31/2024 will be confirmed.
No appearances.

 

PR-21-001017 ESTATE OF KAMIL ABRAHAM, AKA MIKE ABRAHAM, MAJED ABRAHAM
Account Review Hearing:
Neither Petition for Final Distribution nor PrC§12200 Status Report are on file.
Recommend court order personal representative to file PrC§12200 Status Report with notice within 90 days of today’s hearing date if estate is not in a position to be closed.
Recommend continuance to 06/22/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-22-000198 ESTATE OF PEGGY ADAMS
Order to Show Cause issued 12/01/22 to personal representative’s counsel:
•    To appear and show cause why sanctions should not be imposed for failure to appear 12/01/22.
Inventory Review Hearing continued from 09/14/22, 12/01/22:
Final Inventory and Appraisal on file.
•    Current bond does not appear sufficient. Personal Representative did not file ex parte for increase of bond [PrC§8480(c)].
Appearance by counsel mandatory (by VCourt if preferred).

 

PR-22-000601 ESTATE OF ANTONIO R. BRASIL, AKA ANTONIO RAFAEL BRASIL
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 08/29/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000615 ESTATE OF ANIBAL A. SILVEIRA, AKA ANIBAL AUGUSTO SILVEIRA
Inventory Review Hearing:
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 08/29/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000958 ESTATE OF LINDA ANN WATSON
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court vacate and reset Account Review Hearing from 02/02/23 to 02/06/24, at which time a Second PrC§12200 Status Report will be due, if estate is not in a position to be closed.
Appearance not required (by VCourt if preferred).

 

PR-21-001116 ESTATE OF KEVIN ALAN KLUBALL
Hearing on Petition for Final Distribution on Waivers of Accounting, etc.: 
Recommend approval of Petition.
Recommend Discharge Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000344 ESTATE OF VIDAL QUINTANA
Hearing on Report on Waiver of Account and Petition for Final Distribution, etc.:
Recommend approval of Petition.
Recommend Discharge Review Hearing 07/27/23.
Appearance not required (by VCourt if preferred).

 

PR-22-001213 – In re The Trust of Teresa G. Boyd dated May 1, 2022
Hearing on Petition for Order Directing that Assets be Transferred into Revocable Trust  [Probate Code Section 850, Heggstad Petition] by Robert William, Successor Trustee.
No defects found in petition.  Notice appears complete.
If no one appears to object, Petition is recommended for approval.
Appearance not required (by VCourt if preferred).

 

PR-22-001312 ESTATE OF ALAN D. RAMSEY
Hearing on Petition for Probate of Lost Will and for Letters Testamentary:
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
•    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.
Attachment 3f(2) does not appear to include allegations relevant to PrC§6124. Instead, Attachment 3f(2) alleges that PrC§6124 does not apply in this case as there is no pending Will contest. Matter will be submitted to Judge for determination once other defect cured.
Recommend continuance to 02/24/23 to allow time for filing of proof of subscribing witness.
Appearance not required (by VCourt if preferred).

 

PR-22-001330 ESTATE OF JIM J. VAN WINKLE, AKA JAMES J. VAN WINKLE, JIM VAN WINKLE
Hearing on Petition for Letters of Administration:
Recommend approval of Petition.
Recommend Inventory Review Hearing 08/01/23.
Appearance not required (by VCourt if preferred).

 

WEDNESDAY, FEBRUARY 1, 2023
Department 22
8:30 a.m.

 

PR-19-000890 ESTATE OF JACK B. DALY
Discharge Review Hearing continued from 10/13/22:
•    Some receipts on distribution not on file
      o    Declaration with copies of checks of distribution are on file.
      o    Declaration showing reasonable effort to obtain receipt not on file (see PrC§11753).
•    Declaration showing utilization of $1,500.00 retains not on file.
•    Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 05/17/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-20-000819 ESTATE OF JASON ROBERT LINDSTAEDT
Court’s Motion to Dismiss set per Minute Order 10/05/22:
Order to Show Cause issued 03/22/22 to Administrator continued from 07/26/22, continued from 10/05/22:
•    For failure to appear, failure to file pleadings curing defects. Failure to appear on 02/01/23 may result in monetary sanctions, removal as Administrator, dismissal of case.
Inventory Review Hearing continued from 09/09/21, 11/30/21, 03/22/22, 07/26/22:
On 07/26/22, court suspended Letters of Administration.
Nothing filed since previous hearing. Prior Notes remain:
Need Corrected Inventory and Appraisal:
•    Attachment 1 must include the name and last four digits of any financial accounts, and the value within the accounts as of the date of death.
•    Inventory and Appraisal must describe value of property from date of death. (See PrC§8802.)
•    Attachment indicates that real property was foreclosed on after date of decedent’s death.
      o    The foreclosure which occurred after date of death would be appropriately addressed in the Accounting.
Please review Probate Code sections 8800 – 8905. 
On 10/05/22, court directed personal representative to file an Accounting pursuant to PrC§§10950-1, 12251.
Appearance by self-represented Administrator mandatory (by VCourt if preferred).

 

PR-21-001021 ESTATE OF SUKHJIT KAUR DHALIWAL
Order to Show Cause issued 10/05/22 to personal representative:
•    Order to Show Cause will be discharged, as personal representative has shown compliance with the court’s prior orders.
Inventory Review Hearing continued from 07/26/22, 10/05/22:
Final Inventory and Appraisal on file. 
Recommend Account Review Hearing 05/17/23 when Status Report of Administration (Probate Code sections 12200-2) will be due if a Petition for Final distribution is not on file (Probate Code sections 10951, 11000).
Appearance not required (by VCourt if preferred).

 

PR-21-000587 ESTATE OF PHILIP LEIRNESS AKA PHILIP HUBERT LEIRNESS
Account Review Hearing:
Neither Petition for Final Distribution nor PrC§12200 Status Report of Administration on file.
Recommend court order personal representative to file PrC§12200 Status Report (with Notice purs. PrC§12201) within 90 days of today’s hearing if estate is not in a position to be closed.
Recommend continuance to 06/28/23 to allow time for submission of above pleading.
Appearance not required (by VCourt if preferred).

 

PR-21-001460 ESTATE OF THOMAS F. ROSS, AKA THOMAS FULTON ROSS, THOMAS ROSS
Account Review Hearing:
Neither Petition for Final Distribution nor PrC§12200 Status Report of Administration on file.
Recommend court order personal representative to file PrC§12200 Status Report (with Notice purs. PrC§12201) within 90 days of today’s hearing if estate is not in a position to be closed.
Recommend continuance to 06/28/23 to allow time for submission of above pleading.
Appearance not required (by VCourt if preferred).

 

PR-21-000379 ESTATE OF JOSEPH W. CAMERON
Inventory Review Hearing continued from 07/28/22, 10/05/22:
Final Inventory and Appraisal is on file.
•    Sole asset of the estate is described as “The Vanguard Group, Inc. – 100% stock”.
      o    Stocks must be appraised by the Probate Referee as they are not cash.
      o    The Probate Referee is Steven G. Pallios, 1601 “I” Street, Ste. 400, Modesto, California 95354. His telephone number is (209) 571-3251.
Recommend court order personal representative to file a Corrected Inventory and Appraisal forthwith.
See Probate Code section 8800 onward.
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 Executor (self-represented) required (by VCourt if preferred).

 

PR-22-000455 ESTATE OF MARIE NICKSON
Inventory Review Hearing:
Letters have not yet issued as proof of bond has not been filed.
Recommend court issue Order to Show Cause to personal representative to appear and show cause why sanctions should not be imposed and/or PR removed from office for failure to secure and file bond [PrC§8480(c)].
Appearance by personal representative and counsel required (by VCourt if preferred).

 

PR-22-000513 ESTATE OF BETTY ADELE TROTTER, AKA BETTY TROTTER
Inventory Review Hearing:
Final Inventory and Appraisal is on file.
A Petition for Final Distribution has been filed and set for hearing 04/25/23.
Hearing of 04/25/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-22-000517 ESTATE OF EDWARD PHILLIP BRINGAZI
Inventory Review Hearing:
Letters issued 07/29/23. Inventory and Appraisal due 11/29/22.
Final Inventory and Appraisal not on file.
Recommend Account Review Hearing 08/30/23 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).

 

444867 MATTER OF JOEL DOUGLAS RADUECHEL SPECIAL NEEDS TRUST
Hearing on Fifth Account and Report of Trustee:
Notice appears complete.
More time is needed for review.
Matter will be continued to 02/07/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000973 ESTATE OF ELIZABETH A. ZARAGOSA
Hearing on Petition for Final Distribution, Waiver of Accounting, etc.:
Recommend approval of Petition.
Recommend Discharge Review Hearing 08/31/23.
Appearance not required (by VCourt if preferred).

 

PR-21-001078 ESTATE OF RICHARD ALLEN BULL
Hearing on First and Final Report, etc., and Petition for Final Distribution:
Recommend approval of Petition.
•    Need proposed Order.
Recommend court vacate Account Review Hearing of 03/21/23.
Recommend Discharge Review Hearing 08/31/23.
Appearance not required (by VCourt if preferred).

 

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