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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 SEPTEMBER 29, 2022

 

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, OCTOBER 5, 2022
Department 23
8:30 a.m.

PR-19-000536 MATTER OF MARTHA D. HICKMAN FAMILY TRUST
Hearing on Trial-setting, set per Minute Order 06/07/22:
•    Declaration re: status of meet-and-confer file marked 09/30/22.
      o    Paragraphs 7 and 8 appear to be old information.
      o    Declaration reflects meet-and-confer did not occur.
Appearances by counsel and Petitioners (self-represented) required (by VCourt if preferred).

Department 24
8:30 a.m.

 

2200638 ESTATE OF DARYEL JOSEPH KASINGER, AKA DARYEL J. KASINGER, DARYEL KASINGER 

Hearing on Petition for Preliminary Distribution and Attorney’s Fees:
Notice appears complete.
•    Petitioner is Guardian ad litem for one of the minor heirs. It does not appear that Petitioner has standing (PrC§11623). Please provide points and authorities in support of petition for preliminary distribution by someone other than the personal representative.
•    Petitioner is seeking attorney’s fees pursuant to CC§128.5(a). Please provide additional points and authorities as to this request, as, pursuant to PrC§11624, costs for a preliminary distribution are borne by either the estate or the distributee.
•    Petitioner seeks court order that preliminary distribution be deposited in a blocked account. Please provide points and authorities in support of this request, by someone who is not Guardian of the minor’s estate.
Recommend court continue matter to allow time for Petitioner/GAL to file points and authorities, to coincide with future hearing on Order to Show Cause, removal, and appointment of Public Administrator as successor administrator with will annexed (see notes below).

Hearing on Amended Petition for Final Accounting and Distribution Under Will Annexed continued from 09/23/21, 10/26/21, 03/02/22, 04/08/22, 06/10/22, 06/30/22, 07/28/22, 09/15/22:
Nothing has been filed since the previous hearing. Prior Notes remain.
•    Report does not appear compliant with 
      o    Local Rule 8.83 L (re: notice to the Franchise Tax Board).
      o    LR 8.83 J (re: compensation to Personal Representative, Personal Representative’s counsel).
                X    Proposed Order states Administrator waives compensation, but that does not appear in the Report.
      o    LR 8.83 K (re: costs of administration).
      o    PrC§1064(a)(4) (family/affiliate relationship).
•    Summary of Account on page 3 is for the period of July 2017 through September 2021. 
      o    The dates should be specific.
      o    Decedent passed away 06/23/16. 
•    Schedules were not attached (LR 8.65 B, PrC§1062).
•    Report and Petition omits request for or waiver of attorney compensation.
Forms MC-355 Order to Deposit Funds in Blocked Account (pursuant to LR 8.84) not yet submitted.
Notice of Hearing not on file for Personal Representative’s former counsel.

On 07/28/22, the court ordered Personal Representative to cure defects with Final Accounting within 60 days pursuant to PrC§10950(c). 

   o    Recommend court issue Order to Show Cause to Personal Representative to appear and show cause why she should not be sanctioned/surcharged, and removed as personal representative for failure to cure defects with Account as directed (PrC§§11050, 12204, 8502). 
   o    Recommend court have a copy of the Order to Show Cause served on the surety company, by the clerk.
   o    Recommend court refer matter to the Public Administrator purs. PrC§7621 as successor administrator with will annexed.

Appearance by Personal Representative (self-represented) required (by VCourt if preferred).

 

Department 22
8:30 a.m.

2201024 ESTATE OF KEVIN D. SILVA 
Hearing on Petition for Issuance of Citation Requiring Citee Gregory Nauman to Appear and Account for Estate Property continued from 04/08/20, 06/17/20, 10/01/20, 11/19/20, 01/13/21, 03/04/21, 05/05/21, 07/28/21, 01/11/22, 04/28/22, 05/27/22:
Hearing on PrC§12200 Status Report Review continued from 10/01/20, 11/19/20, 07/28/21, 04/28/22, 05/27/22:
•    Declaration regarding status of meet-and-confer file marked 09/29/22.
•    On for trial-setting if not settled.
•    Recommend continuance to 01/18/23 as requested in Joint Report for further meet-and-confer.
Appearance not required (by VCourt if preferred).

 

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:
Prior Notes remain:
Receipts on Distribution not all on file.
Ex Parte Petition for Final Discharge and Order not on file.
Recommend continuance to 01/25/23 as requested in noticed Status Report of Administrator file marked 08/22/22.
Appearance not required (by VCourt if preferred).

 

PR-20-000422 ESTATE OF MARIA E PEDROSO
Account Review Hearing continued from 08/05/2021, 10/06/21, 01/04/22, 03/23/22, 07/28/22:
A Petition for Final Distribution has been filed and set for hearing 01/11/23.
•    Examiner notes that a Notice of Proposed Action has not been filed.
Hearing of 01/11/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-20-000565 ESTATE OF KENT DANA COLEMAN
Account Review Hearing:
A Petition for Final Distribution has been filed and set for hearing 01/24/23.
Hearing of 01/24/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-20-000819 ESTATE OF JASON ROBERT LINDSTAEDT
Hearing on Court’s own motion to appoint Public Administrator as successor personal representative set per Minute Order 07/26/22:
Order to Show Cause issued 03/22/22 to Administrator continued from 07/26/22:
•    For failure to appear, failure to file pleadings curing defects. Failure to appear on 10/05/22 may result in monetary sanctions, removal as Administrator.
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. 
Appearance by self-represented Administrator mandatory and County Counsel required (by VCourt if preferred).

 

PR-21-000379 ESTATE OF JOSEPH W. CAMERON
Order to Show Cause issued 07/28/22 to Executor:
•    To appear and show cause why sanctions should not be issued and/or this case dismissed for failure to appear on 07/28/22, failure to file Inventory and Appraisal.
Inventory Review Hearing continued from 07/28/22:
Final Inventory and Appraisal is on file.
•    Sole asset of the estate is described only as “The Vanguard Group, Inc.”.
      o    Please file a Corrected Final Inventory and Appraisal that specifies the nature of this asset. If this asset is anything other than cash, it must be appraised by the Probate Referee.
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) mandatory (by VCourt if preferred).

 

PR-21-001021 ESTATE OF SUKHJIT KAUR DHALIWAL
Inventory Review Hearing continued from 07/26/22:
Nothing filed since previous hearing. Prior Notes remain:
Letters issued 02/28/22. Inventory and Appraisal due 06/28/22.
Final Inventory and Appraisal not on file. See Probate Code section 8800 onward, and forms DE-160 and 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-22-000429 EMMA FAYE STONE TRUST
Hearing on Petition to Appoint Successor Trustee; Petition to Terminate Testamentary Trust; Petition to Distribute Real Property Held by Trust to Beneficiaries continued from 07/26/22:
•    Petition alleges that Petitioner and his brother were appointed as Successor Co-Trustees.
      o    Petition does not allege that there is currently a vacancy in the office of Trustee, but seeks court order appointing himself as sole Successor Trustee.
      o    Petition does not seek to remove Petitioner’s brother as Successor Co-Trustee, but alleges that it is impossible for Co-Trustees to serve together due to:
                X    Their contentious relationship (the nature of which is not clarified);
                X    Petitioner’s brother’s criminal history (not documented).
•    Proof of personal service of Petition and Notice on Co-Trustee (Paul Stone), as ordered by court per Minute Order 07/26/22, not on file.
•    Supplemental Declaration file marked 09/16/22 does not appear to have been served, so it appears to be ex parte communication that the court cannot consider.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000589 ESTATE OF BARBARA ABBOTT
Hearing on Petition for Probate of Will and for Letters Testamentary continued from 08/02/22:
Nothing filed since previous hearing. Prior Notes remain:
•    Heading of Petition includes requests for both Letters Testamentary and Letters of Administration.
•    Heading of Petition omitted checkbox regarding authorization to administer the estate under the Independent Administration of Estates Act (IAEA).
•    Petition item 2b was omitted (name of proposed Executor).
•    Petition items 3d(4) (gross fair market value), 3d(6) (net value) and 3d(7) (total value of the estate) were omitted.
•    Petition item 3d appears to reflect that the estimated value of decedent’s estate does not meet filing threshold (see Probate Code section 13100 onward). Declaration explaining necessity of formal probate not on file.
•    Petition item 5a(7) or (8) omitted (existence of issue of a predeceased child of decedent).
•    Petition items 5a(2) (predeceased spouse) and 7a (no predeceased spouse) appear contradictory.
•    Petition item 8 omitted the name and date of death of decedent’s predeceased spouse.
    Form DE-147 Duties and Liabilities not on file.
    Form DE-121 Notice of Petition to Administer Estate not on file. See Probate Code section 8110 on.
    Proof of publication not on file. See Probate Code section 8121 on.
    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
    The Will does not waive bond for the appointed Executor. Waivers of Bond are not on file for all beneficiaries (see Judicial Council form DE-142 and Probate Code section 8481). Bond may be required.
    Proposed Order (form DE-140) and Letters (form DE-150) not submitted.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
The Local Rules may be downloaded from https://www.stanislaus.courts.ca.gov/general-information/local-rules-fe… 

Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

 

PR-22-000607 ESTATE OF VICTOR L. COGORNO
Hearing on Petition for Probate of Will and for Letters Testamentary continued from Prior Notes have been cured.
Will is not self-proving. Proof of subscribing witness form is on file.
Recommend approval of Petition and admission of Will to probate.
Recommend Inventory Review Hearing 04/05/23.
Appearance not required (by VCourt if preferred).

 

2200599 ESTATE OF VIRGINIA LEE BISSELL, AKA VIRGINIA L. BISSELL, VIRGINIA BISSELL
Hearing on Petition for Order for Appointment of Executor to Request Calculation for Payoff of Federal Lien:
Notice appears complete.
Matter submitted to Judge for determination.
Recommend court reset Status Review Hearing of 10/18/22 to a date further out as the court finds appropriate.
Appearance by counsel required (by VCourt if preferred).

 

PR-21-000717 ESTATE OF VICTORIA VALDEZ CARRILLO, AKA VICTORIA CARRILLO 
Hearing on Petition for Final Distribution, Settlement of First and Final Account, Allowance of Attorney’s Fees:
•    Paragraph 6 states that no Claims were filed, which does not appear correct as Paragraph 8 acknowledges satisfaction of a Claim.
•    Paragraph 6 omits clear statement of compliance with PrC§9050 or a statement that there are no creditors known or reasonably ascertained.
•    Paragraph 20 (calculation of statutory compensation: Total Commission Base does not appear correct. 
      o    Based on the above mathematical error, the total commission appears incorrect.
•    Proposed Order not yet submitted.
Recommend continuance to 12/02/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-21-001367 ESTATE OF JACK K. CLAES, AKA JACK KEATON CLAES
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 01/25/23.
Recommend Discharge Review Hearing 04/06/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000787 RIVERA 2006 FAMILY TRUST AGREEMENT
Hearing on Petition for Order Determining Trust’s Title to Real Property (Heggstad Petition) (PrC§§850 et seq., 17200.1):
If no one appears to object, petition is recommended for approval.
Appearance not required (by VCourt if preferred).

 

PR-22-000911 ESTATE OF VICTOR DAVID VARGAS
Hearing on Petition for Letters of Administration:
•    Heading of Petition, page 1, omitted checkbox for administration under the Independent Administration of Estates Act.
•    Petition reflects that decedent died intestate, but item 2b(1) is checked, requesting appointment of one of the Petitioners as Executor.
•    Petition item 2d was omitted (regarding bond).
•    Petition item 3c omitted county of decedent’s residence at time of death.
•    Petition item 4 was checked, regarding decedent’s Will, when the rest of the Petition reflects decedent died intestate.
•    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.
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 Petitioners (self-represented) required (by VCourt if preferred).

 

PR-22-000923 ESTATE OF MARIA RODRIGUES SANTOS, AKA MARIA R. SANTOS
Hearing on Petition for Probate of Will and for Letters Testamentary:
Notes have been cured.
Recommend approval of Petition and admission of Will to probate.
Recommend Inventory Review Hearing 04/05/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000925 ESTATE OF EDUARDO GUERRERO
Hearing on Petition for Letters of Administration:
Notes have been cured.
Recommend approval of Petition.
Recommend Inventory Review Hearing 04/05/23.
Appearance not required (by VCourt if preferred).

 

 

THURSDAY, OCTOBER 6, 2022
Department 22
8:30 a.m.

2201405 ESTATE OF KATHERINE V. McKINNIS
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, 08/25/22:
On 08/25/22, court approved Petition as supplemented, and the Court directed personal representatives to submit new proposed Order reflecting approval of Account.
•    New proposed Order has not been submitted.
Appearances by co-Administrators mandatory (by VCourt if preferred).  

 

427103 MATTER OF ALONZO MARQUEZ SPECIAL NEEDS TRUST
Account Review Hearing continued from 06/11/2021, 08/16/21:
Order file marked 08/07/19 waived further accountings.
Status Report filed 08/29/22 requests Court continue this matter two years for the next status report.
•    Report reflects that Trustee has not made distributions to beneficiary in the last year.
Examiner recommends court require a Declaration in Lieu of a Seventh Account, as Status Report does not give sufficient information as to the status of the Trust such that the court may determine if Accountings are again necessary.
Court has considered the Status Report and directs Trustee to prepare and file a Declaration in Lieu of a Seventh Account, with notice.
Matter will be continued to 03/07/23.
Appearance not required (by VCourt if preferred).

 

PR-18-000120 ESTATE OF MARTHA JANE CANDELARIA
Account Review Hearing:
•    Neither Petition for Final Distribution nor Successor Administrator’s 1st PrC§12200 Status Report of Administration is on file.
•    Recommend court direct Successor Administrator to file PrC§12200 Status Report within 90 days if estate is not in a position to be closed.
Status Review Hearing set per Minute Order 06/01/22, continued from 06/15/22, 07/22/22:
Appearances Public Defender and court-appointed Administrator required (by VCourt if preferred).

 

PR-21-000960 ESTATE OF NICHOLAS CHRISTOPHER CONOM
Status Review Hearing:
Proof of deposit of sale proceeds into blocked account not on file.
Recommend continuance to 10/13/22 to coincide with Hearing on Report of Sale and Petition for Order Confirming Sale.
Appearance not required (by VCourt if preferred).

 

PR-21-001078 ESTATE OF RICHARD ALLEN BULL
Status Review Hearing:
Corrected Final Inventory and Appraisal is on file.
Account Review Hearing 03/21/23 will be confirmed.
Appearance not required (by VCourt if preferred).

 

PR-19-001219 ESTATE OF TONYA M. COX
Discharge Review Hearing continued from 01/04/22, 05/25/22:
Nothing filed since previous hearing. Prior Notes remain:
Need Ex Parte Petition for Final Discharge and Order.
Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to appear and show cause why they should not be sanctioned for failure to provide the court with the above form, reflecting that the court’s order of 08/26/21 was recorded with the County Clerk.
Appearance by counsel and Administrator required (by VCourt if preferred).

 

PR-21-000428 ESTATE OF BOBBY JOE SHELDON
Inventory Review Hearing continued from 05/03/22, 08/11/22:
Notes have been cured.
Corrected Inventory and Appraisal is on file.
Recommend Account Review Hearing 01/25/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000361 ESTATE OF TERESA HARDY
Hearing on Amended Petition (file marked 09/01/22) for Letters of Administration continued from 05/25/22, 08/31/22:
Prior Notes have been cured.
Recommend approval of Amended Petition.
•    Need proposed Order.
Recommend Inventory Review Hearing 04/05/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000540 ESTATE OF JOHN HENNESSEY, AKA JOHN PATRICK HENNESSEY
Hearing on competing Petition for Probate of Lost Will and for Letters Testamentary (filed by E. DiFazio):
Affidavit of publication not on file.
•    Petition item 8 omits familial/personal relationships to the decedent for those who were nominated as Executor or alternate Executors.
      o    Attachment 3f(3) (Declaration pursuant to PrC§6124) appears not to include written statement of testamentary words or substance thereof of the Lost Will. 
•    A copy of the Lost Codicil to decedent’s Will has not been lodged with the court.
•    Proposed Order item 2 admission of Will omitted the word “Lost” from both Will and codicil.
      o    Terms of the Lost Will were not attached to the proposed Order (PrC§8223).

Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed (filed by C. Hamilton) continued from 07/14/22:
Opposition filed – 09/08/22.
•    Opposition appears to be a Will contest. Proof of service not on file.
      o    Objector has not yet filed proof of service of Summons pursuant to PrC§8250.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000561 ESTATE OF AGUSTIN SOLORIO
Hearing on Amended Spousal Property Petition (filed 09/06/22) continued from 08/02/22:
•    Petition item 3 omitted date of decedent’s death.
•    Petition item 4a or 4b was omitted (if was a resident of Stanislaus County).
•    Petition item 5a(2) was omitted (if there are any issue of one of the decedent’s predeceased children).
•    Petition item 6a or b was omitted (to be completed if decedent left no issue).
•    Petition Attachment 7 was not attached. Please review item 7 of the Petition, and read Local Rule 8.98 B. The Local Rules may be downloaded from https://www.stanislaus.courts.ca.gov/general-information/local-rules-fe… 
•    Petition Attachment 7a was omitted. Please review item 7 of the Petition, and read Local Rule 8.98 A, and 8.99 B.
Notice of Hearing not on file. Please see Probate Code sections 13655 and 1220, and Judicial Council form DE-120.
Proposed Order not yet submitted. Please see Judicial Council form DE-226.
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-22-000756 ESTATE OF LAZARO GONZALEZ CONTRERAS, AKA LAZARO G. CONTRERAS
Hearing required.

Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

PR-20-000492 ESTATE OF JACKSON WORLEY STEPHENS
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend Account Review Hearing 01/26/23 as requested in Report.
Appearance not required (by VCourt if preferred).

 

PR-21-000291 ESTATE OF WILLIAM MATTHEW ARNOLD
Hearing on Petition for Final Distribution; for Order on First Account, etc.:
•    Paragraph 2o of Petition (Property on Hand) omitted legal description of real property [CRC 7.651(B)(3)].
•    Petition does not appear to describe which acts Administrator took under the Independent Administration of Estates Act without court authorization, or that no such acts were taken.
•    A copy of Assignment of Interest is attached to the Petition, but Assignment has not been filed as a separate pleading (Local Rule 8.87, PrC§11604).
      o    Assignment of Interest was only as to the real property. It would be the beneficiary who executed the Assignment would still be a beneficiary of any property not now known. The omnibus clause does not appear to clearly identify this beneficiary.
•    A Partial No.1 Inventory and Appraisal was filed 04/04/22. A Final Inventory and Appraisal is not on file.
•    Franchise Tax Board filed request for special notice. Notice not on file.
•    Proposed Order, paragraph 8 on page 5 omitted street address, legal description, and assessor’s parcel number of real property.
Recommend continuance to 12/02/22 to allow time to cure defects.
Recommend court vacate the Account Review Hearing of 02/23/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000861 ESTATE OF EMILY R. MELLO, AKA EMILY ROSE MELLO
Hearing on First and Final Account and Report, etc., and Petition for Final Distribution:
Recommend approval of Account and Petition.
Recommend Discharge Review Hearing 04/06/23.
Recommend court vacate the Account Review Hearing of 01/24/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000117 ESTATE OF JACKIE L. ESTES, AKA JACK LEE ESTES, JACK L. ESTES
Future Hearing 11/29/22 for Inventory Review.
Hearing on Petition for Removal of Co-Personal Representative, Randal W. Estes (PrC§8502):
Proof of personal service of Citation is on file.
Matter submitted to Judge for determination.
Appearance required (by VCourt if preferred).

 

PR-22-000794 IN RE THE TRUST OF IMOGENE WRIGHT DATED NOVEMBER 4, 1991
Hearing on Petition for Order Directing that Assets be Transferred into the Revocable Trust (Probate Code Section 850, Heggstad Petition):
If no one appears to object, Petition is recommended for approval.
Need proposed Order.
Appearance not required (by VCourt if preferred).
Trust waives bond (Petition, Exhibit A, Section 4.5)

 

PR-22-000933 ESTATE OF ANNA RAMOS
Hearing on Spousal Property Petition:
•    Item 7b is checked (confirmation of property belonging to Petitioner) but corresponding item 1b was not checked.
•    Attachment 7 does not appear to provide adequate information. Please see Local Rule 8.98. How was the property acquired by the decedent? If purchased, what was the nature of the funds used for the down payment, the mortgage, maintenance?
•    Proposed Order does not appear to comply with Local Rule 8.41 (location of judge’s signature).
Recommend continuance to 12/02/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

FRIDAY, OCTOBER 7, 2022
Department 22
8:30 a.m.

PR-20-001012 ESTATE OF KAREN DENISE SHARITS, AKA KAREN SHARITS
Hearing on First and Final Report, etc., and Petition for Final Distribution continued from 08/30/22:
Prior Notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 05/04/23.
Appearance not required (by VCourt if preferred).

 

PR-21-000468 ESTATE OF NANCY ANN KEELE, AKA NANCY A. KEELE
Hearing on First and Final Report, etc., and Petition for Final Distribution continued from 09/20/22:
Prior Notes have been cured.
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 05/04/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000576 ESTATE OF JACK D. BARNES
Hearing on Petition for Letters of Administration reset from 07/21/22 due to court’s unavailability, continued from 09/27/22:
Affidavit of publication file marked 09/30/22 reflects a request to admit decedent’s Will and codicils, if any, but Petition alleges decedent died intestate.
Republication is required, and will not be reimbursable.
Recommend continuance to 12/02/22 to allow time for publication.
Appearance not required (by VCourt if preferred.)

 

PR-22-000749 ESTATE OF JACQUELINE IDEN
Hearing on Petition for Letters of Administration continued from 08/23/22:
Affidavit of publication file marked 09/15/22 reflects notice was published only once, which is defective pursuant to PrC§8121.
Affidavit of publication file marked 09/15/22 reflects a request to admit decedent’s Will and codicils, if any, but Petition alleges decedent died intestate.
Republication is required, and will not be reimbursable.
Recommend continuance to 12/02/22 to allow time for publication.
Appearance not required (by VCourt if preferred.)

 

PR-22-000764 ESTATE OF ISABEL F. SILVEIRA, AKA ISABEL SILVEIRA, ISABEL SILVEIRA FONTES
Hearing on Amended Petition (file marked 09/09/22) for Probate of Will and for Letters of Administration with Will Annexed continued from 08/25/22:
Affidavit of publication not on file following filing of Amended Petition (CRC 7.53).
Recommend continuance to 12/02/22 to allow time for publication.
Appearance not required (by VCourt if preferred).

 

PR-22-000783 ESTATE OF CRYSTELLA JEWEL BAUGHMAN
Hearing on Petition to Determine Succession to Real Property continued from 08/30/22:
Prior Notes have been cured.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

PR-22-000785 ESTATE OF ANA ROSA SERRANO
Hearing on Petition for Letters of Administration continued from 08/30/22:
Prior Notes have been cured.
If no one appears to object, recommend approval of Petition.
Recommend Inventory Review Hearing 04/18/23.
Appearance not required (by VCourt if preferred).

 

WEDNESDAY, OCTOBER 12, 2022
Department 22
8:30 a.m.

PR-19-001289 MATTER OF THE GLORIA STEAN WILLIAMS LIVING TRUST
Future Hearing 12/01/22 on Motion to Strike Objections.
Hearing on Respondent/Trustee’s Petition to Settle Accounts and Pass Upon Acts of the Trustee [PrC§17200(b)(5)] filed 08/18/21 continued from 11/23/21, 05/06/22, 08/18/22:
Objection filed 08/17/22.  Possible long-cause matter.
Need status of meet-and-confer.
Recommend continuance to 12/01/22, to trail hearing on Petitioner’s Motion to Strike Objections.
Appearance not required (by VCourt if preferred). 

 

PR-20-000115 ESTATE OF ROBERT H. RODRIGUEZ, AKA ROBERT HIGINIO RODRIGUEZ & ROBERT RODRIGUEZ
Account Review Hearing on $1,807.67 retains continued from 03/10/22, 07/20/22:
Declaration of retains on file. 
Discharge Review Hearing, continued from 08/25/21, 10/26/21, 03/10/22, 07/20/22:
Receipts are on file.
Ex Parte Petition for Final Discharge and Order not yet submitted.
Recommend continuance of Discharge Review Hearing to 01/25/23 to allow time for filing of above pleading.
Appearance by counsel mandatory (by VCourt if preferred).

 

PR-21-000358 ESTATE OF MICHAEL J. ORLANDO
Account Review Hearing 
Final Inventory and Appraisal on file.
•    Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.
PrC§12200 Status Report due, if Petition for Final Distribution is not on file.
Recommend court direct personal representative to file PrC§12200 Status Report, with notice, within 90 days if estate is not in a position to be closed.
Recommend continuance to 03/22/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-21-000522 ESTATE OF LEE JAMES
Account Review Hearing:
Final Inventory and Appraisal is on file.
PrC§12200 Status Report due, if Petition for Final Distribution is not on file.
Recommend court direct personal representative to file PrC§12200 Status Report, with notice, within 60 days if estate is not in a position to be closed.
Recommend continuance to 01/25/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-22-000193 ESTATE OF FLORENCE WALLS
Inventory Review Hearing:
•    Letters issued 04/13/22. Inventory and Appraisal due 08/15/22.
•    Final Inventory and Appraisal not on file.
Recommend court set Account Review Hearing 05/24/23 when PrC§12200 Status Report will be due if estate is not in a position to be closed.
Recommend court order personal representative to file Inventory and Appraisal prior to that hearing.
Hearing on Petition for Settlement of Account, Distribution to Administrator, Allowance of Compensation of Special Administrator and Allowance of Attorney’s Fees and Costs continued from 09/29/22:
•    Petitioner, the former Special Administrator in closed related case # PR-21-000325, is seeking reimbursement for administrative costs including the Petition for Probate and publication of notice thereof.
      o    Please provide points and authorities in support of the request for administration costs for an unsuccessful Probate Petition.
•    Petitioner requests court now set the amount of statutory compensation due to Special Administrator and counsel instead of deferring the determination until the final accounting (PrC§8547). Once defects cured, request will be submitted to Judge for determination.
•    Paragraph 13 of Petition states that Petitioner as an individual owned 2/3 interest in the real property and decedent’s mother Mary Andrus (who survived decedent but is now deceased) owned 1/3 interest. That does not appear to match Petitioner’s statement of facts to the court in Attachment 3g(3) of the Petition for Appointment of Special Administrator filed on 03/26/21 in related case PR-21-000325, in which Petitioner alleged that this decedent owned a 1/3 interest in the subject property.
•    Schedule F Disbursements includes a bond renewal charge. Please provide the date of the bond renewal charge.
•    Petitioner’s verification was not dated.
•    Notice of Hearing not on file for Administrator’s counsel.
Recommend continuance of Petition to 01/19/23 to allow time to cure defects, provide points and authorities.
Appearance not required (by VCourt if preferred).

 

PR-22-000195 ESTATE ANTHONY ROBERT FURTADO
Inventory Review Hearing: 
Final Inventory and Appraisal on file.
Recommend Account Review Hearing 05/24/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000479 ESTATE OF ARMIE LEE RICHARDSON
Hearing on 2nd Amended Petition (filed 09/13/22) for Letters of Administration continued from 06/15/22, 09/14/22:
•    Notice must be republished as a 2nd Amended Petition was filed. See California Rule of Court 7.53.
•    New Form DE-121, Notice, must be filed as a 2nd Amended Petition was filed. See California Rule of Court 7.53.
Recommend continuance to 12/16/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000624 ESTATE OF ROBERTO S. GONZALEZ, JR.
Hearing on Amended Spousal Property Petition (filed 08/01/22) continued from 08/03/22:
•    Petition item 1a was not checked (request for order that decedent’s separate property pass to surviving spouse).
•    Petition item 1b was checked (surviving spouse’s interest) but the Exhibits reflect that the property was entirely decedent’s separate property.
•    Proposed Order (form DE-226):
      o    Attachments 5a and 7a were not attached.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Recommend continuance to 01/18/23 to allow time to cure defects.
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 continued from 08/16/22:
•    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.
      o    Declaration pursuant to PrC§6454 is on file.
The Court on 08/16/22 directed 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.
Appearance by counsel required (by VCourt if preferred).

 

PR-19-000984 ESTATE OF JAIME MARTINEZ SORIA
Hearing on PrC§12200 Status Report of Administration:
Notice of Hearing appears complete.
Recommend Account Review Hearing 03/15/23 as requested in Report.
Appearance not required (by VCourt if preferred).

 

PR-20-000617 ESTATE OF SOLEDAD VICTORIA HARGROVE
Hearing on Petition for Termination of Proceeding and Discharge of Personal Representative; Release of Bond and Discharge of Surety Thereon:
Notice appears complete. No defects found in Petition.
Recommend continuance to 10/25/22 to coincide with Hearing on PrC§12200 Status Report of Administration, as Notice has already gone out.
No appearance required (by VCourt if preferred).

 

PR-19-000694 ESTATE OF MARGARET MAY KERR
Related Case No. PR-19-000655, Estate of Helmick.
Hearing on First and Final Report and Petition for Order of Final Distribution, etc.:
•    Paragraph 5 of Report, total of administrative costs does not appear correct.
•    Paragraph 19 of Report, total compensation base does not appear correct.
      o    This discrepancy has caused the computation of statutory fees to be incorrect.
The above discrepancies may have caused the total property on hand to and therefore the proposed distributions to be incorrect.
Notice of Hearing not on file for co-Administrators’ former counsel.
Recommend continuance to 01/18/23 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-21-000154 ESTATE OF ANGELO JOSEPH COUGIAMTZAKIS
Hearing on First and Final Accounting of Executor Final Distribution, etc.:
Report omitted statement re: interest-bearing accounts (PrC§1064).
Proof of service not on file for Notice of Proposed Action (see Local Rule 8.100).
Copy of Seller’s Statement / Closing Escrow Statement from sale of real property not provided.
Proposed Order not yet submitted.
Recommend continuance to 12/16/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000799 In re The D.L. & N.A. Skidmore Trust dated September 8, 2015
Hearing on Petition for Order Directing that Assets be Transferred into the Revocable Trust (Probate Code Section 850, Heggstad Petition):
If no one appears to object, Petition is recommended for approval.
Appearance not required (by VCourt if preferred).

 

PR-22-000908 ESTATE OF JOANNE McKEOWN, AKA JOANNE HIGHIET-McKEOWN
Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed:
Original Will does not appear to have been lodged.
Affidavit of publication file marked 09/16/22 reflects notice was published only once.
Proposed Order not yet submitted.
Recommend continuance to 12/16/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

PR-22-000913 ESTATE OF ROSTAM SHAMOILNEJAD DIGALEH
Hearing on Petition for Letters of Administration:
Notice to a foreign consulate may be required. See Local Rule 8.16 and PrC§8113.
Proposed Order and Letters not yet submitted.
Affidavit of publication file marked 09/26/22 reflects a request to admit decedent’s Will and codicils, if any, but Petition alleges decedent died intestate. Republication will not be reimbursable.
Recommend continuance to 12/16/22 to allow time for republication.
Appearance not required (by VCourt if preferred.)

 

PR-22-000916 ESTATE OF MICHAEL VIERRA
Hearing on Petition for Letters of Administration:
Petition item 5b omitted (decedent survived by stepchild or foster child).
Recommend continuance to 12/09/22 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-22-000941 ESTATE OF WILLIAM JOSEPH WELTE, AKA WILLIAM J. WELTE, BILL WELTE
Hearing on Petition for Probate of Will and for Letters Testamentary:
Notes have been cured.
Recommend approval of Petition and admission of Will to probate.
Recommend Inventory Review Hearing 04/18/23.
Appearance not required (by VCourt if preferred).

 

THURSDAY, OCTOBER 13, 2022
Department 22
8:30 a.m.

 

334534 ESTATE OF JUSTIN R. WOOD
Account Review Hearing:
Neither Petition for Final Distribution nor Fifth PrC§12200 Status Report are on file.
Recommend court order the personal representative to file Fifth PrC§12200 Status Report within 60 days if estate is not in a position to be closed.
Appearance by counsel required (by VCourt if preferred).

 

2201441 ESTATE OF REONNE REASOR
Discharge Review Hearing:
Release of Creditor’s Claim not on file from Stanislaus County Tax Collector.
Ex Parte Petition for Final Discharge and Order not yet submitted.
Recommend continuance to 01/25/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-19-000244 ESTATE OF MARGIE MARTINEZ
Discharge Review Hearing continued from 07/28/21, 10/27/21, 04/07/22:
Ex-Parte Petition for Final Discharge has been received and is recommended for approval.
Hearing will be vacated.
No appearance required.

 

PR-19-000345 ESTATE OF JESSE G. ULLOA
Discharge Review Hearing continued from 04/13/22:
Nothing filed since previous hearing. Prior Notes remain:
Receipts on distribution not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Appearance by counsel required (by VCourt if preferred).

 

PR-19-000890 ESTATE OF JACK B. DALY
Discharge Review Hearing:
Receipts on distribution not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 02/01/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-19-000912 ESTATE OF GAYLE CANEPA
Discharge Review Hearing:
Declaration regarding $1,500.00 retains not on file, nor receipt showing retains were distributed.
Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 01/24/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-20-000287 ESTATE OF RAVINDRA KUMAR DASS
Discharge Review Hearing continued from 04/07/22:
Nothing filed since previous hearing. Prior Notes remain:
Ex Parte Petition for Final Discharge and Order not yet submitted.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-000513 ESTATE OF SUSAN KAY HOLZINGER, AKA SUSAN K. HOLZINGER
Discharge Review Hearing continued from 03/23/22:
Ex Parte Petition for Final Discharge and Order has not been submitted.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-000614 ESTATE OF MAGGIE P. PARRA
Discharge Review Hearing:
Receipts on distribution not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 01/24/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-20-000686 ESTATE OF JEFFREY DEWAIN ROY
Discharge Review Hearing continued from 03/23/22:
Nothing filed since previous hearing. Prior Notes remain:
Ex Parte Petition for Final Discharge and Order has not been submitted.
Appearance by counsel required (by VCourt if preferred).    

 

PR-20-000860 ESTATE OF RICHARD EDWARD BROOKE, SR.
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has not been submitted.
Appearance by counsel required (by VCourt if preferred).    

 

PR-20-000989 ESTATE OF JOHN V. AVILA
Discharge Review Hearing continued from 04/14/22:
Nothing filed since previous hearing. Prior Notes remain:
Receipts on distribution not on file.
Declaration regarding $1,500.00 in reserved funds not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Appearance by counsel required (by VCourt if preferred).

 

PR-20-001191 ESTATE OF EVA MARIE MENDONCA, AKA EVA M. MENDONCA
Discharge Review Hearing:
Declaration regarding $1,500.00 in reserved funds not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 01/24/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-21-000118 ESTATE OF BEVERLY A. TAYLOR, AKA BEVERLY ARLENE TAYLOR, BEVERLY TAYLOR 
Discharge Review Hearing:
Ex Parte Petition for Final Discharge and Order has not been submitted.
Appearance by counsel required (by VCourt if preferred).    

 

PR-21-000259 ESTATE OF ESTHER DOLORES SALINAS, AKA ESTHER SALINAS
Discharge Review Hearing:
Ex-Parte Petition for Final Discharge has been received and is recommended for approval.
Hearing will be vacated.
No appearance required.

 

PR-21-000683 ESTATE OF LINDA LOUISE ROMBOUT
Discharge Review Hearing:
Declaration regarding $1,500.00 in reserved funds not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 01/24/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-21-000692 ESTATE OF EDWIN L. BJORNSON
Discharge Review Hearing:
Declaration regarding $1,500.00 in reserved funds not on file.
Ex Parte Petition for Final Discharge not yet submitted.
Recommend continuance to 01/24/23 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-21-000293 ESTATE OF CAROLE SUSAN De COITE
Hearing on PrC§12200 Status Report of Administration:
Notice of Hearing not yet on file (PrC§12201).
Recommend continuance to 01/19/23 for personal representative to file Notice of Hearing.
Appearance not required (by VCourt if preferred).

 

PR-19-000655 ESTATE OF FRANCIS WILLIAM HELMICK JR., AKA FRANCIS WILLIAM HELMICK
Related Case No. PR-19-000694, Estate of Kerr on calendar 10/12/22.
Hearing on First and Final Report of Administrators on Waivers of Account and Petition for its Approval; Petition for Order of Final Distribution; and for Allowance of Payment of Statutory Administrators’ Fees and Reimbursement of Costs Advanced:
Notice of Hearing not on file for co-Administrators’ former counsel.
Recommend continuance to 01/18/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

PR-21-000430 ESTATE OF REGINA ANGEL
Hearing on Report of Administrator, etc., and Petition for Final Distribution:
Recommend approval of Report and Petition.
Recommend Discharge Review Hearing 
Appearance not required (by VCourt if preferred).

 

PR-21-000960 ESTATE OF NICHOLAS CHRISTOPHER CONOM
Status Review Hearing continued from 10/06/22:
•    Recommend Status Review Hearing be dropped.
Hearing on Report of Sale and Petition for Order Confirming Sale of 811 East J Street, Oakdale California, 95361:
Notice appears complete.
It would appear procedurally appropriate for the hearing on this matter to be held subsequent to the hearing now set on 10/20/22 for Petition for Order Vacating Confirmation of (prior) Sale of Real Property.
•    Recommend court continue matter on its own motion to 10/20/22, to trail the Petition for Order Vacating Confirmation of Sale of Real Property.
•    Recommend court order Petitioner to prepare a new Notice of Hearing for posting in the clerk’s office lobby.
      o    Waivers of Notice of sale are on file from heirs, Guardian ad litem.
•    Recommend court shorten time for notice by posting pursuant to PrC§§10302(c), 10251(b)(1).
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000801 In the Matter of the Silvano and Martha Gelsomini Trust dated May 20, 2002
Hearing on Petition for an Order to Confirm Validity of Trust; Confirm Trustee; and Confirm Assets to a Revocable Trust (Probate Code Section 850, Heggstad Petition):
If no one appears to object, Petition is recommended for approval.
•    Need proposed Order.
Appearance not required (by VCourt if preferred).

 

PR-22-000927 ESTATE OF THOMAS WENDELL SLEEMAN
Hearing on Petition for Letters of Administration:
Affidavit of publication not on file.
Proposed Letters not yet submitted.
Recommend continuance to 12/16/22 to allow time to file above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-22-000952 ESTATE OF CHARLES ELLIS, JR.
Hearing on Spousal Property Petition:
If no one appears to object, recommend approval of Petition.
Need new proposed Order that complies with Local Rule 8.41 (location of judge’s signature line).
Appearance not required (by VCourt if preferred).

 

 

FRIDAY, OCTOBER 14, 2022
Department 22
8:30 a.m.

 

Hearings set on this date have been moved on the court’s own motion due to the court’s unavailability. 

You may search the Online Public Portal for your matter’s next hearing date: https://stanportal.stanct.org/    

 

MONDAY, OCTOBER 17, 2022
Department 24
1:30 p.m.

PR-22-000175 RAYMOND Q. BLAKE AND RAMONA A. BLAKE TRUST
Settlement Conference:
Appearance mandatory.
Any person wishing to appear remotely must obtain the court’s permission to appear via VCourt by contacting the courtroom clerk.
By Court order file marked 06/15/22, Cindy L. Sprinkel may appear via VCourt upon making the necessary arrangements.

 

TUESDAY, OCTOBER 18, 2022
Department 22
8:30 a.m.

 

PR-20-000504 ESTATE OF HERMINIA A SCHMEHL
Account Review Hearing:
Neither Petition for Final Distribution nor Second PrC§12200 Status Report of Administration are on file.
Recommend court order personal representative to file Second PrC§12200 within 60 days of this hearing date if estate is not in a position to be closed.
Recommend continuance to 01/25/23 for receipt of above pleadings.
Appearance not required (by VCourt if preferred).

 

PR-21-001159 ESTATE OF CAREN LEATHERWOOD BANGLE, AKA CAREN L. BANGLE
Inventory Review Hearing continued from 08/16/22:
Nothing filed since previous hearing.
Letters issued 04/11/22. Inventory and Appraisal due 08/11/22.
•    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-21-001327 ESTATE OF ANECIA LEARY
Inventory Review Hearing continued from 08/16/22:
Nothing filed since previous hearing. Prior Notes remain:
Bond not on file. Letters have not been issued.
Recommend court issue Order to Show Cause to Administrator and Administrator’s counsel to appear and show cause why case should not be dismissed for failure to file bond.
Appearance by Administrator and Administrator’s counsel required (by VCourt if preferred).

 

PR-22-000097 ESTATE OF EUGENE H. BENAVIDEZ, AKA EUGENE BENAVIDEZ
Inventory Review Hearing continued from 08/16/22:
A Notice of Proposed Action is on file, without proof of mailing (see Local Rule 8.100B).
Final Inventory and Appraisal on file.
•    Inventory and Appraisal omits characterization of decedent’s property. This information will be needed prior to the closing of the estate.
Recommend Account Review Hearing 03/25/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000122 ESTATE OF STEPHEN ROBERT MANCHESTER
Inventory Review Hearing continued from 08/16/22:
Final Inventory and Appraisal on file.
Petition for Final Distribution has been filed and set for hearing 01/05/23.
Hearing of 01/25/23 will be confirmed.
No appearance required (by VCourt if preferred).

 

439928 MATTER OF WADE J MEIER SPECIAL NEEDS TRUST
Hearing on Amended Petition (filed 08/18/22) 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 continued from 08/16/22:
Notice appears complete. No defects found in Petition.
Request appears to conform with Trust purposes. Submitted to Judge for determination.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000274 LEOPOLD T. PRESCOTT LIVING TRUST
Hearing on Amended Petition (filed on 08/25/22) 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, 08/25/22:
Notice of Hearing appears complete.
Proposed Order not yet submitted.
Response to original Petition filed – 05/17/22. Response not filed to Amended Petition.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000600 ESTATE OF DAVID GEORGE BUCHER
Hearing on Spousal Property Petition continued from 08/09/22:
Petition seeks to have all of decedent’s separate property pass to Petitioner (surviving spouse).
Consent of decedent’s other intestate heir to the petition is attached to the petition (PrC§6401).
Assignment of Interest with notary acknowledgement is on file.
If no one appears to object, recommend approval of Petition.
Appearance not required (by VCourt if preferred).

 

PR-22-000636 ESTATE OF EMMA GARCIA MONTALVO
Hearing on Petition for Letters of Administration continued from 08/04/22:
Recommend approval of Petition. Bond of $242,000.00 appears adequate.
Recommend Inventory Review Hearing 04/18/23.
Appearance not required (by VCourt if preferred).

 

PR-22-000751 ESTATE OF MARGARITO PEREZ
Hearing on Spousal Property Petition continued from 08/23/22:
•    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-226, Proposed Order, was left blank. Form must be completed.
Consider visiting the California Courts Self Help page at https://www.courts.ca.gov/42629.htm and downloading forms from https://www.courts.ca.gov/forms.htm
Recommend continuance to ## to allow time to cure defects.
Appearance by Petitioner (self-represented) required (by VCourt if preferred).

 

PR-19-000965 MATTER OF THE RUTH M. MAPLES REVOCABLE TRUST
Hearing on Notice of Motion and Renewal of Ex Parte Motion to Set Aside Order to Remove Trustee; Points and Authorities; Declaration of Counsel for Trustee:
SEE TENTATIVE RULING, to be posted day prior to hearing at https://www.stanislaus.courts.ca.gov/online-services/tentative-rulings/…

 

PR-20-000879 ESTATE OF MIGUEL AVILA, SR.
Hearing on PrC§12200 Status Report of Administration:
Notice appears complete.
Recommend court set an Account Review Hearing 10/18/23 as requested in Report to allow time to close the estate.
Appearance not required (by VCourt if preferred).

 

PR-21-001290 ESTATE OF CHEYLA R. SUTTON
Hearing on First and Final Report, etc., and Petition for Final Distribution:
Report does not appear to comply with PrC§9202(b) (“is or has previously been confined”).
Proposed Order not yet submitted.
Recommend continuance to 01/06/23 to allow time to cure defect.
Appearance not required (by VCourt if preferred).

 

2200802 ESTATE OF NORMAN M. REYNOLDS SR.
Hearing on Petition for Instructions Re Distribution of Remaining Estate (PrC§9611):
Notice of Hearing appears complete.
Hearing required.
Appearance by counsel required (by VCourt if preferred).

 

PR-22-000125 ESTATE OF YUN HIM
Hearing on Petition for the Termination of Further Probate Proceedings and for Discharge of the Personal Representative (PrC§12251):
Notice of Hearing appears complete.
If no one appears to object, recommend approval of Petition.
Recommend court vacate Inventory Review Hearing 10/27/22.
Appearance not required (by VCourt if preferred).

 

PR-22-000818 In re The Gay Family Living Trust dated January 13, 2000
Hearing on Petition for Order Confirming Real Property as Trust Asset and Reformation of Grant Deed (Probate Code Section 850, Heggstad Petition):
If no one appears to object, Petition is recommended for approval.
•    Need proposed Order.
Appearance not required (by VCourt if preferred).

 

PR-22-000971 ESTATE OF ROBIN J. TILLERY
Hearing on Petition for Letters of Administration:
•    Form DE-121 Notice of Petition to Administer Estate not on file.
•    Proof of publication not on file.
•    Proposed Letters not submitted.
Recommend continuance to 12/16/22 to allow time to cure defects.
Appearance not required (by VCourt if preferred).

 

Department 22
9:30 a.m.

PR-22-000205 ESTATE OF HAZEL MARIE SANDERS, AKA HAZEL M. SANDERS, HAZEL SANDERS
Hearing on Petition for Probate of Will and for Letters Testamentary (Petitioner Sherman Sanders Jr.) continued from 08/09/22:
•    Petition item 3c omitted county of decedent’s residence at time of death.
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
•    There is insufficient information in court's file to determine if notice is adequate under PrC§§1208b, 15804.  
      o    Need copy of trust.
•    Proposed Letters not yet submitted.

Hearing on Petition for Probate of Will and for Letters of Administration with Will Annexed (Petitioner David Sanders) continued from 08/09/22:
•    Will is not self-proving per Local Rule 8.23.  Proof of Subscribing Witness (form DE-131) not on file.
•    There is insufficient information in court's file to determine if notice is adequate under PrC§§1208b, 15804.  
      o    Need copy of trust.

Appearance by competing Petitioners and their counsel required (in person).
 

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