attention - fresno superior · pdf fileletters duties/supp ... her brother with an eviction...
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Dept. 303, 9:00 a.m. Thursday, March 23, 2017
ATTENTION
Probate cases on this calendar are currently under review by the
probate examiners. Review of some probate cases may not be
completed and therefore have not been posted.
If your probate case has not been posted please check back again later.
Thank you for your patience.
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
1 Marcelino L. Rodriguez, Icesis Rodriguez, Stanley Sanders III, Passion Sanders, and Emmanuel Sanders (GUARD/P) Case No. 01CEPR01025 Petitioner Lugo, Maritza (Pro Per – Maternal Grandmother – Petitioner) Objector Rodriguez, Rebecca (Pro Per – Mother – Objector)
Petition for Appointment of Guardian of the Person
See petition for details. NEEDS/PROBLEMS/ COMMENTS:
Minute Order 2/9/17: The Court orders the Investigator to re-interview the parties as well as additional non-relative parties present in court today and gather additional information for a supplemental report.
1. If diligence not found, need notice to the unknown paternal grandfather.
Cont. from 020917
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 1- Rodriguez/
Sanders
1
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
2 Jay C. Roberts (CONS/PE) Case No. 11CEPR00302 Attorney: Gregory M. Chappel (for Petitioner Teresa Margrey)
Petition for Termination of Conservatorship
DOD: 11/30/2016 TERESA MARGREY, Conservator, is
petitioner.
Petitioner states the conservatorship
was established by order of the court
on 6/19/2009 in San Mateo County
Superior Court and was thereafter
transferred to Fresno County on
1/28/2011.
The Conservatee died on 11/30/2016.
All accountings in this matter have
been waived by order of the court on
12/12/11. As of the date of death of
the conservatee there were no assets
held in the conservatorship estate
which required an accounting.
Wherefore, petitioner prays for an
order terminating the conservatorship
of the person and estate of Jay C.
Roberts.
NEEDS/PROBLEMS/COMMENTS:
1. Petition and Order lists the
Petitioner/Conservator as Theresa
Margrey. All other pleadings in
the file list the Conservator as
Teresa Margrey. It appears that
a new order should be provided
with the correct spelling of the
petitioner’s name.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
✔ Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 2- Roberts
2
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
3 Ruth Medina (7660) Case No. 14CEPR00588 Petitioner Medina, Elizabeth (Pro Per – Daughter – Petitioner) Attorney Kruthers, Heather H. (for Public Administrator)
Petition to Comply with California Probate Code Sections 13100-13115
3
DOD: 8/1/01 ELIZABETH MEDINA, Daughter, is Petitioner. History: The FRESNO COUNTY PUBLIC ADMINISTRATOR filed a petition ex parte that stated the estate was brought to the PA’s attention by an ex-girlfriend of one of the heirs, whose children were heirs to the estate, and it appeared that no one had acted on the estate. The PA was authorized to administer the estate under Probate Code §7660 pursuant to an Order entered ex parte on 7/8/14. I&A filed 9/19/14 included real property valued at $55,000.00 located at 5588 E. Swift Ave., in Fresno. The California Dept. of Health Care Services filed a Creditor’s Claim for $9,026.99 on 8/26/14. Notice of Proposed Action filed 10/30/14 indicates proposed sale of 1428 N. 8th St., in Fresno for $49,900. File documents indicate that the house was sold and the claim was satisfied as of 5/13/15; however, nothing further has been filed. Petitioner states the decedent’s family is does not understand how the Public Administrator came to care about the decedent’s estate in the first place. Petitioner states the decedent’s home located at 1428 N. 8th Street in Fresno was sold for $49,900, although it appraised much higher, to Central Valley Capital, LP, a business in trouble for bid-rigging in foreclosure sales. To date they have paid DHCS $9,026.99 and have been paid extraordinary expenses approved by the court. Deputy PA Scott Stacey claims to have a total balance left of $21,300 and have paid the Court a $60 filing fee on 6/9/15. Thus far, although Petitioner has requested it numerous times, there has not been an accounting. SEE PAGE 2
NEEDS/PROBLEMS/COMMENTS: Note: For reference, Petitioner filed a complete family tree on 3/3/17. 1. Need Notice of Hearing.
2. Need proof of service of Notice
of Hearing at least 15 days prior to the hearing pursuant to Probate Code §1220 on: - The Fresno County Public Administrator - Fresno County Counsel - David Medina (son) - Katherine Medina-Gross (daughter) - Arthur Medina (son) - Maximillian Medina (grandson, son of post-deceased son Ernest Medina) - James Medina (son of pre-deceased son Martin Medina) - Sarah Medina (daughter of pre-deceased son Martin Medina) - Pearl Fraijo (listed in original petition as daughter) Note: Petitioner states in her declaration filed 3/3/17 explains that Pearl Fraijo, listed as a daughter in the PA’s original petition, is her ex-sister-in-law and is not entitled to any inheritance, but it is unclear who Ms. Fraijo was married to.
Cont. from 020217
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of Hrg
x
Aff.Mail x
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
Letters
Duties/Supp
Objections
Video Receipt
CI Report
9202
Order x
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 3- Medina
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
3 Ruth Medina (7660) Case No. 14CEPR00588 Page 2 – Petitioner states the family has never been given an accurate estimation of when the remaining funds will be disbursed to the family. Petitioner states the decedent’s children are her natural heirs but have received nothing. After numerous telephone calls and emails, the decedent’s family has yet to receive satisfactory explanation as to what monies are left of the estate and when they will be distributed. The last telephone call to the PA’s office resulted in Brian Ciapessoni hanging up on Petitioner. Petitioner cites various code sections and states the heirs are entitled to the decedent’s estate. She has been told that a request for disbursement of the remaining estate funds has been “sent to the City Council” for permission to distribute, but Scott Stacey refuses to provide any paperwork as proof of the claim; he claims documentation is confidential in nature. Petitioner states the City of Fresno Utilities Billing & Collection Division placed a lien on the decedent’s home on 6/23/11 in the amount of $3,288.05, and that lien has been satisfied as of 9/8/15. The DHCS lien has been satisfied. Petitioner provides a list of the decedent’s heirs and requests distribution of the estate. Additional Examiner’s Note: The I&A filed by the PA on 9/19/14 is for a different property than the one sold pursuant to Notice
of Proposed Action and referenced herein by Petitioner. Corrected I&A is necessary.
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
4A Virginia Garcia (Estate) Case No. 15CEPR00159 Attorney Flanigan, Philip M. (for Martha Huerta – Administrator) Probate Status Hearing RE: First or Final Account
DOD: 06/21/99 MARTHA HUERTA, daughter, was appointed as
Administrator with full IAEA and with bond set at
$110,000.00 on 04/02/15.
Receipt of Bond filed 05/13/2015 in the amount of
$110,000.00.
Letters issued on 05/13/2015.
Final Inventory and Appraisal filed 08/03/2015 shows an
estate valued at $55,000.00.
Minute Order from 04/02/15 set this hearing for status
regarding filing of the First and/or Final Account.
Declaration of Philip M. Flanigan and Status Report and
Request for Continuance filed 03/01/2017 states on
09/08/2016, the court approved the request for
continuance allowing the Administrator time to server
her brother with an eviction notice to vacate the
property so she could sell the home. On 11/01/2016, the
Administrator posted the eviction notice at the home,
notifying her brother that is living there, that he has 90
days to vacate the property. The 90 days expired on
02/01/2016. As of 02/24/2017 the Administrator’s brother
has not vacated the property. Mr. Flanigan states his
office has contacted counsel to help file an Unlawful
Detainer Action and were advised that the process can
take anywhere from 30 to 45 days. Mr. Flanigan has
contacted the Administrator and is awaiting her call to
authorize counsel to proceed with the process.
It is respectfully requested that this matter be continued
for 90 days. At that time Mr. Flanigan’s office will know
what happened with the Unlawful Detainer action and
if they can proceed with the sale of the house.
Supplemental Declaration of Philip M. Flanigan and
Status Report filed 03/07/2017 states on 03/07/2017, the
Administrator contacted and authorized counsel to
proceed with the Unlawful Detainer action. Mr.
Flanigan’s office has emailed counsel all the requested
information that they require and they will begin drafting
all necessary documents needed for court. Once filed,
it will take 30-45 days for the whole process to be
completed.
NEEDS/PROBLEMS/
COMMENTS:
Minute Order of
03/09/2017: Counsel
represents that they are
proceeding with the
unlawful detainer with
regard to the brother. The
Court admonishes that the
UD is to be filed forthwith or
sanctions may be issued.
1. Need First Account or
Petition for Final
Distribution.
Cont. from 060216,
090816, 120116,
030917
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
✔ Notice of Hrg
✔ Aff.Mail w/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/16/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 4A- Garcia
4A
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
4B Virginia Garcia (Estate) Case No. 15CEPR00159 Attorney Flanigan, Philip M. (for Martha Huerta – Administrator)
Probate Status Hearing RE: Unlawful Detainer
DOD: 06/21/99 MARTHA HUERTA, daughter, was appointed
as Administrator with full IAEA and with
bond set at $110,000.00 on 04/02/15.
Receipt of Bond filed 05/13/2015 in the
amount of $110,000.00.
Letters issued on 05/13/2015.
Minute Order of 03/09/2017 set this Status
Hearing re: Unlawful Detainer
Minute Order states: Counsel represents that
they are proceeding with the unlawful
detainer with regard to the brother. The
Court admonishes that the UD is to be filed
forthwith or sanctions may be issued.
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/16/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 4B- Garcia
4B
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
5 Reuben Vernon Nelson (Estate) Case No. 15CEPR00376 Attorney: Lisa Horton (for Administrator Frank Underwood)
Amended First and Final Account and Report of Administrator and Petition for its
Settlement, for Allowance of Compensation to Attorneys and Administrator for Ordinary
Services, for Allowance of Compensation to Administrator for extraordinary Services; for
Reimbursement of Costs Advanced and for Final Distribution
DOD: 5/26/05 FRANK UNDERWOOD, administrator with
limited IAEA without bond, is petitioner.
Account period: 5/26/05 – 1/30/17
Accounting - $250,000.00
Beginning POH - $250,000.00
Ending POH - $103,939.58 (all cash)
Administrator - $4,390.00 (statutory)
Costs - $350.00 (for professional appraisal re: sale of real
property necessary due to the severely
dilapidated condition of the house to verify the
current value)
X/O - $1,000.00 (for sale of real property per Local Rule 7.18(B)
Attorney - $4,390.00 (statutory)
Costs - $1,694.00 (filing, publication, certified copy, appraisal and
reappraisal for sale fees)
Charlie Nelson (son) - $988.60 (reimbursement for homeowner’s insurance
premiums on decedent’s real property paid
from April 2015 through December 2016)
Closing - $3,000.00
Distribution, pursuant to intestate
succession, is to:
Frank Underwood as personal
representative of the
Estate of Susan Marie Nelson
(15CEPR00377) (50%) $44,063.49 cash
Charlie Nelson (50%) $44,063.49 cash
NEEDS/PROBLEMS/COMMENTS:
Please see page 6 re: status
report in related case
(15CEPR00377). The Estate of
Susan Marie Nelson
(decedent’s daughter) is
entitled to receive 50%
distribution from this estate.
Aff.Sub.Wit.
✔ Verified
✔ Inventory
✔ PTC
✔ Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters: 9/11/15
Duties/Supp
Objections
Video
Receipt
CI Report
✔ 9202
✔ Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 5- Nelson
5
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
6 Susan Marie Nelson (Estate) Case No. 15CEPR00377 Attorney: Jennifer L. Walters (for Frank Underwood – Administrator)
Probate Status Hearing RE: Filing of the First or Final Account
DOD: 3/28/2015 FRANK UNDERWOOD was appointed
administrator with full IAEA without bond on
9/10/2015
Letters issued 9/17/2015
I&A filed on 2/23/2016 shows the estate
valued at $77,500.00.
Status report filed 2/16/2017 states
decedent’s father passed away in 2005
leaving a house, which was not probated.
Decedent then died in 2015.
Frank Underwood is the administrator for
decedent’s father’s estate (Reuben Nelson
- 15CEPR00376). Decedent’s estate is
entitled to ½ of the net sale proceeds from
the sale of the house in the Reuben’s
estate. The house closed escrow on
1/17/2017.
Petitioner Underwood filed an Amended
First and Final Account in Reuben’s estate
on 2/16/2017 and a hearing date is set for
3/23/2017.
Counsel requests this status hearing for filing
the final account and petition for final
distribution be continued to 3/23/2017.
NEEDS/PROBLEMS/COMMENTS:
Continued from 2/23/2017.
Matter is continued 10 meet up
with the companion case,
estate of Ruben Nelson
(15CEPR00376). Please see
related page 5.
1. Need first account, petition
for final distribution or
current written status report
pursuant to Local Rule 7.5,
which states in all matters set
for status hearing verified
status reports must be filed
no later than 10 days before
the hearing. Status Reports
must comply with the
applicable code
requirements. Notice of the
status hearing, together with
a copy of the Status Report
shall be served on all
necessary parties.
Cont. from 111016,
120816, 022317
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc. w/
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: SEF
✔ Status Rpt w Reviewed on: 3/15/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 6- Nelson
6
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
6 Susan Marie Nelson (Estate) Case No. 15CEPR00377 Attorney: Jennifer L. Walters (for Frank Underwood – Administrator)
Probate Status Hearing RE: Filing of the First or Final Account
DOD: 3/28/2015 FRANK UNDERWOOD was appointed
administrator with full IAEA without bond on
9/10/2015
Letters issued 9/17/2015
I&A filed on 2/23/2016 shows the estate
valued at $77,500.00.
Former status report filed 2/16/2017 states
decedent’s father passed away in 2005
leaving a house, which was not probated.
Decedent then died in 2015.
Frank Underwood is the administrator for
decedent’s father’s estate (Reuben Nelson
- 15CEPR00376). Decedent’s estate is
entitled to ½ of the net sale proceeds from
the sale of the house in the Reuben’s
estate. The house closed escrow on
1/17/2017.
Petitioner Underwood filed an amended
first and final account in Reuben’s estate
that was set for hearing on 3/23/2017.
Counsel requested a continuance.
NEEDS/PROBLEMS/COMMENTS:
Continued from 2/23/2017.
Matter is continued to meet up
with the companion case,
estate of Reuben Nelson
(15CEPR00376). Please see
related page 5.
2. Need first account, petition
for final distribution or
current written status report
pursuant to Local Rule 7.5,
which states in all matters set
for status hearing verified
status reports must be filed
no later than 10 days before
the hearing. Status Reports
must comply with the
applicable code
requirements. Notice of the
status hearing, together with
a copy of the Status Report
shall be served on all
necessary parties.
Cont. from 111016,
120816, 022317
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc. w/
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: SEF
✔ Status Rpt w Reviewed on: 3/15/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 6- Nelson
6
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
7 Esther C. Still (Estate) Case No. 15CEPR00445 Attorney: Philip M. Flanigan (for Robert Still and Randall Still – Co-administrators)
First and Final Report of Co Administrators: Petition for Final Distribution on
Waiver of Account; Waiver of Fees by Personal Representatives; Petition
Payment of Compensation to Attorney for Ordinary Services and
Reimbursement of Costs Advanced
DOD: 12/4/2014 ROBERT STILL and RANDALL STILL, sons/co-
administrators with full IAEA without bond,
are petitioners.
Accounting is waived
I&A - $204,487.42
POH - $200,000.00
(no cash)
Co-administrators - waive
Attorney - $7,089.75
(statutory)
Costs - $1,480.00
(filing, publication, probate referee fees)
Declaration filed 3/7/2017 states Attorney
Flanigan has had numerous conversations
with both petitioners regarding payment of
the outstanding creditor’s claims and
advised both petitioners of their need to be
in court on 3/9/2017 to explain how and
when the creditor claims will be paid so the
probate may be closed.
Distribution, pursuant to intestate
succession, of property on hand consisting
of real property located in Fresno, CA is to:
Robert Still (50%)
Randall Still (50%)
NEEDS/PROBLEMS/COMMENTS:
Continued from 3/9/2017. Minute
order states the Co-Administrators
are admonished to move this
matter forward or face removal
and possible surcharge. The Court
allows them two weeks to
determine how they wish to
proceed.
The following issues remain:
1. The estate does not appear in
a condition to be closed. The
Creditor’s Claim filed 8/3/2015
by Bank of America for
$2,966.01 remains unsatisfied.
Need receipt and/or proof of
satisfaction of claim.
Cont. from 012517,
030917
✔ Aff.Sub.Wit.
✔ Verified
✔ Inventory
✔ PTC
✔ Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters: 6/4/15
Duties/Supp
Objections
Video
Receipt
✔ CI Report
✔ 9202
Order
Aff. Posting Reviewed by: SEF
Status Rpt Reviewed on: 3/15/2017
UCCJEA Updates:
Citation Recommendation:
✔ FTB Notice File 7- Still
7
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
8 Mary W. Pillor (Estate) Case No. 15CEPR00811
Attorney Karney Mark Mekhitarian (for Executor Kelly Hood, daughter)
First and Final Account and Report of Executor, Petition for Allowance of
Statutory Fees to Personal Representative and Order for Final Distribution
DOD: 1/13/2015 KELLY HOOD, daughter and Executor, is
Petitioner.
Account period: 11/5/2015 – 5/9/2016
Accounting - Need
Beginning POH - Need
Ending POH - Need
(Need amount of cash on hand in the
estate)
Executor - $6,250.00
(statutory)
Attorney - $6,250.00
(statutory)
Costs - $1,035.00
(filing fee, probate referee, publication,)
Distribution pursuant to Decedent’s Will is
to:
KELLY HOOD – entire estate consisting of
[unspecified sum of cash]
NEEDS/PROBLEMS/COMMENTS:
1. Need Notice of Hearing and
proof of service of notice to
the following persons pursuant
to Probate Code §1220(a)(1)
and (a(2)(A), and pursuant to
§ 11000 for settlement of the
account:
WALTON & MITCHELL,
Attorneys at Law, per Request
for Special Notice filed
3/23/2016.
2. Need amended account
based upon, but not limited to,
the following: Petition states in
paragraph 14 that the
Summary of Account is
supported by Schedules A
through G attached.
However, there is no Summary
of Account stated, and there
are no Schedules A through G
attached. Further, paragraph
14 appears to be setting forth
“charges” as the payments
that have been made for
costs of administration.
~Please see additional page~
Cont. from
Aff.Sub.Wit.
✔ Verified
✔ Inventory
✔ PTC
✔ Not.Cred.
Notice of
Hrg
X
Aff.Mail X
Aff.Pub.
Sp.Ntc. X
Pers.Serv.
Conf.
Screen
Letters 110515
Duties/Supp
Objections
Video
Receipt
CI Report
✔ 9202
Order X
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
✔ FTB Notice File 8- Pillor
8
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
8 Additional Page, Mary W. Pillor (Estate) Case No. 15CEPR00811
NEEDS/PROBLEMS/COMMENTS, continued:
3. Paragraph 6 of the Petition omits the following creditor’s claim from the list of claims filed against
the estate: WALLIN FUNERAL HOMES, INC., filed 3/23/2016 in the amount of $3,956.68. Need
Allowance or Rejection of Creditor’s Claim (DE-174 1/1/09) for this claim pursuant to Probate code
§ 9250, and status of payment of the claim.
4. Paragraph 7 of the Petition states the Creditor’s Claim of $119,499.49 has been paid to BANK OF
AMERICA for mortgage loan. Need proof of satisfaction and release and/or proof of payment of
the claim as stated in the Petition.
5. Paragraph 17 of the Petition states that by the terms of Decedent’s Will, the estate should be
distributed to KELLY HOOD, without stating the specific assets that will be distributed to her.
6. Proposed order does not comply with Local Rule 7.6.1. Need revised proposed order that includes
all required findings, in particular the information required pursuant to Local Rule 7.6.1(A), (C), and
(D).
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
9 James Mercer (Estate) Case No. 15CEPR00865 Attorney: Philip M. Flanigan (for Petitioner/Administrator Linda Bronson)
First and Final Report of Personal Representative; Petition for Final Distribution on Waiver of
Account; Petition for Waiver of Fees by Personal Representative; and Payment of
Compensation to Attorney for Ordinary Services; Request to Distribute Assets to Special Needs
Trust for Living Heir; and Payment to Personal Representative for Costs Advanced.
DOD: 8/1/15 LINDA BRONSON, Administrator, is
petitioner.
Account period: 8/1/15 – 12/1/16
Accounting - $165,750.00
Beginning POH- $165,750.00
Ending POH - $164,000.00
Administrator - waives
Administrator costs - $9,305.30 (per
itemization and declaration for real
property and auto expenses)
Attorney - $5,920.00
(statutory)
Attorney costs- $1,528.22 (filing
fee, publication, probate referee,
certified copies)
Petitioner requests all assets to be
distributed to a special needs trust
for the benefit of the sole heir
Richard Mercer. Richard Mercer
has Down’s Syndrome and is
unable to manage his own affairs.
NEEDS/PROBLEMS/COMMENTS:
Continued from 2/7/17. As of 3/15/17 the
following issues remain:
1. Petition requests the assets of the estate
be distributed to a special needs trust
for the benefit of Richard Mercer and
that a petition to approve said trust will
be filed prior to the hearing. As of
2/1/17 it does not appear that a
petition to approve a special needs
trust has been filed.
2. Petition indicates that the 2002 Honda
ATV and the 2001 Trailer for the ATV with
a total value of $1,750.00 were sold for
$0. Need clarification.
3. Exhibit “C” attorney costs indicated
they are for the Estate of Esther Still.
Need clarification.
4. Request for reimbursement of costs to
petitioner includes payment of utilities
at 1443 E. Palo Alto (approximately $160
per month for PG&E and approximately
$97 per month for Fresno Utilities). Court
may require more information regarding
the property and payment of the
utilities. The beneficiary does not
appear to live at the property. Was the
property rented?
5. Petition indicates that there are taxes
due in the amount of $440.76 however,
there is no provision in the prayer for
payment of said taxes.
6. Need Order.
Cont. from 020717
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
✔ Letters 10/23/15
Duties/Supp
Objections
Video
Receipt
CI Report
✔ 9202
Order X
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
✔ FTB Notice File 9- Mercer
9
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
10 Kimberly McNeil (GUARD/P) Case No. 15CEPR00872 Petitioner: Nina McNeil (pro per)
Petition for Termination of Guardianship
NINA MCNEIL, mother, is petitioner.
DOUGLAS LUND, stepfather, was
appointed guardian on 11/30/15. –
present in court on 2/23/17.
NEEDS/PROBLEMS/COMMENTS:
Continued from 2/23/17. Minute
order states Douglas Lund, guardian,
represents that he was noticed over
a month ago. Nina McNeil
represents that the paternal
grandfather is deceased. Mater is
continued for service as to the
remaining parties; father may be
noticed via text that contains
pertinent information.
1. Need Notice of Hearing.
2. Need proof of service of the
Notice of Hearing on:
a. Michael Short (father)
b. Paternal grandmother
c. Maternal grandparents
Cont. from 022317
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
X
Aff.Mail X
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
✔ CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 10- McNeil
10
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
11 Donald David Roberts (Estate) Case No. 15CEPR00994 Attorney Helon, Marvin T. (for
Status RE: Filing of the First or Final Account
DOD: 6/17/15 MICHELLE SULLIVAN, Spouse, was
appointed Administrator with Will
Annexed on 1/21/16 with bond of
$10,000.00. Bond was filed and Letters
issued 1/27/16.
At the hearing on 1/21/16, the Court set
this status hearing for the filing of the first
or final account.
NEEDS/PROBLEMS/COMMENTS:
1. Need first or final account
pursuant to Probate Code §12200
or written status report pursuant to
Local Rule 7.5.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 11- Roberts
11
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
12A Nickolas Prince Menchaca (GUARD/P) Case No. 15CEPR01059
Petitioner Esther Salas Menchaca (Pro Per, mother)
Petition for Visitation
ESTHER SALAS MENCHACA, mother, is
Petitioner.
~Please see Petition for details~
NEEDS/PROBLEMS/COMMENTS:
Page 12B is a Petition for
Visitation filed by the minor’s
father.
1. Need proof of service of 15
days’ notice prior to hearing
of the Notice of Hearing
along with a copy of the
Petition for Visitation pursuant
to Probate Code § 1460 for:
Nickolas Menchaca,
ward, age 12.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv. W/
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order X
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 12A- Menchaca
12A
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
12B Nickolas Prince Menchaca (GUARD/P) Case No. 15CEPR01059
Petitioner Ector Menchaca (Pro Per, father)
Petition for Visitation
ECTOR MENCHACA, father, is Petitioner.
~Please see Petition for details~
NEEDS/PROBLEMS/COMMENTS:
Page 12A is a Petition for
Visitation filed by the minor’s
mother.
2. Need proof of service of 15
days’ notice prior to
hearing of the Notice of
Hearing along with a copy
of the Petition for Visitation
pursuant to Probate Code §
1460 for:
Nickolas Menchaca,
ward, age 12.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
✔ Pers.Serv. W/
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order X
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 12B- Menchaca
12B
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
13 Steven Edward Stavlo (Estate) Case No. 15CEPR01137 Attorney: Gerald M. Tomassian (for Administrator Muriel Josten)
Probate Status Hearing RE: Filing of the First or Final Account
DOD: 8/25/15 MURIEL JOSTEN was appointed
successor Administrator on 1/26/17 with
bond set at $232,227.00.
Bond was filed on 2/9/17 and Letters
issued.
Katherine Coolidge former
administrator died on 9/27/16
necessitating the appointment of a
successor Administrator.
Minute order dated 1/26/17 set this
status hearing for the filing of the first or
final account.
Status Report filed on 3/15/17 states
Petitioner has performed all required
duties as successor Administrator to
date. The Petitioner requests this Status
Hearing be continued for 90 days. A
conservatorship hearing is set for March
23, 2017, case no. 17CEPR00197
requesting appointment of Muriel
Josten as conservator of the person
and estate of Edward E. Stalvo, the
estate’s sole heir and sole beneficiary,
to act on behalf of Edward in closing
this probate matter and distributing the
estat to the beneficiary. This will allow
time for filing of the final accounting
and final distribution of the estate.
NEEDS/PROBLEMS/COMMENTS:
Please see related case on page 27
of this calendar.
1. Need first or final account.
Cont. from 022317
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 13- Stavio
13
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
14 Brian Stanislaus Venuto (Estate) Case No. 16CEPR00022
Attorney Devika I. Choudhury; Elizabeth A. Steinhauer-Clark (for Petitioner Patricia Thompson)
First and Final Report of Personal Representative and Petition for Final
Distribution on Waiver of Account
DOD: 11/15/2015 PATRICIA THOMPSON, former mother-in-law
and Executor, is Petitioner.
Accounting is waived.
I & A — $280,000.00
POH — $0.00
(Deed in Lieu of Foreclosure executed
6/20/2016, recorded on 8/1/2016.)
Executor — waives
(waiver of $8,600.00 statutory fee attached
as Exhibit D;)
Attorney — waives
(waiver of $8,600.00 statutory fee attached
as Exhibit D;)
No assets on hand for distribution pursuant
to Decedent’s Will.
NEEDS/PROBLEMS/COMMENTS:
Cont. from
Aff.Sub.Wit.
✔ Verified
✔ Inventory
✔ PTC
✔ Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters 021116
Duties/Supp
Objections
Video
Receipt
CI Report
✔ 9202
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
✔ FTB Notice File 14- Venuto
14
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
15 Betty L. Kelley (Estate) Case No. 16CEPR00614 Executor Crozier, Anthony (Pro Per Executor)
Status RE: Proof of Vehicle and Home Title/Insurance, and Proof of Taxes Being Current
DOD: 1/28/16 ANTHONY CROZIER, Nephew, was appointed
Executor with Full IAEA without bond on 8/22/16
and Letters issued 8/24/16.
At the hearing on 8/22/16, the Court set a status
hearing for the filing of the Inventory and Appraisal
for 1/19/17.
Executor filed a Declaration on 1/17/17 that states:
Asset distribution from the estate of Betty L. Kelley:
Balance from bank accounts was sent to
Acension Point Recovery Services, LLC, to help
satisfy debt.
Vehicle title given to David Kelley, brother of
decedent, by unanimous consent of Arthur
Kelley, Gladys Barnett, Wallace Kelley, and
Katherine Crozier.
Residence title transferred equally to all
beneficiaries: Arthur Kelley, Gladys Barnett,
David Kelley, Wallace Kelley, and Katherine
Crozier.
Issues were noted on the Examiner Notes, including
that Executor did not petition for or receive
authorization to make distributions.
The Executor did not appear on 1/19/17, so the
Court set OSC re possible removal for 3/9/17.
Minute Order 3/9/17 states: Executor represents that
the vehicle was not distributed, but is parked at the
decedent’s home where David resides. Mr. Crozier
is admonished that the vehicle and all of the assets
are his responsibility to maintain and distribute only
when the Court orders distribution. Mr. Crozier is to
file a copy of the current vehicle title, the current
home title, proof of insurance for vehicle and
home, and proof of taxes being current by 3/16/17.
The Court set this status hearing for the filing of proof
of Vehicle and Home Title/Insurance, and Proof of
Taxes Being Current.
SEE PAGE 2
NEEDS/PROBLEMS/
COMMENTS:
Note: Final I&A was filed
1/27/17. A status hearing
remains set for 10/26/17
for the filing of the first or
final account.
SEE PAGE 2
Note: Pursuant to the
decedent’s will, the five
siblings are beneficiaries
of personal property
assets, and the residue is
to go 90% to the siblings
and 10% to the Central
California Conference
Association of the
Seventh-Day Adventists
of Clovis, CA, for
appropriation as set forth
in the will.
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates: 3/16/17
Citation Recommendation:
FTB Notice File 15- Kelley
15
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
15 Betty L. Kelley (Estate) Case No. 16CEPR00614
Page 2 – Petitioner filed a declaration on 3/16/17 that states Response to Minute order dated 3/9/17:
Proof of Vehicle and Home Title/Insurance, and proof of taxes being current.
Attached to the declaration are the following documents:
Affidavit-Death of Joint Tenant recorded 7/25/95 by Decedent Betty L. Kelley upon the death of
Joint Tenant Victoria Kelley
Deed of Trust recorded 11/26/01, Decedent Betty L. Kelley as borrower
Fresno County Property Tax Bill 2016-2017 reflecting Decedent Betty L. Kelley as owner
Printout from mortgage statement evidencing payment of taxes and insurnace via escrow
account
Homeowners Policy Declarations Statement dated 2010
Vehicle title reflecting Decedent Betty L. Kelley as owner
Printout of vehicle insurance
NEEDS/PROBLEMS/COMMENTS: The following issue was previously noted pursuant to Executor’s prior
declaration filed 1/17/17:
1. Declaration filed 1/17/17 indicates distribution of the decedent’s vehicle and real property, and
only partial payment of a creditor’s claim. However, distribution at this point is not appropriate.
Executor did not petition for or receive authorization to distribute estate assets and appears to be
in violation of Probate Code §§ 11620 et seq., and 11640 et seq. Need clarification about the
transactions that occurred.
Therefore, and pursuant to Minute Order of 3/9/17, need proof of assets held by estate.
Update: It now appears pursuant to the documentation attached to Executor’s declaration of
3/16/17 that no preliminary distribution has taken place. However, this status hearing will remain on
calendar for review by the Judge.
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
16A George Williams (CONS/E) Case No. 16CEPR00890 Attorney: Catherine Amador (for Conservators Kitty Mumford and Marshall Mumford)
Probate Status Hearing RE: Filing of the Inventory and Appraisal
KITTY MUMFORD and MARSHALL MUMFORD
were appointed co-conservator of the
estate on 10/6/16. Bond was set at
$9,900.00.
Bond was filed on 11/21/16 and Letters
issued on 1/27/17.
Minute order dated 10/6/16 set this status
hearing for the filing of the inventory and
appraisal.
Status Report filed 2/24/17 states the co-
conservators are also the Trustees of The
George Billings Williams Irrevocable Special
Needs Trust, dated 2/13/2009 which was
created by the conservatee’s mother,
Dorothy Lorene Williams, now deceased.
Co-Conservator, Kitty Mumford and the
conservatee are brother and sister. They
are both beneficiaries of trusts created by
their aunt, Cordelia Belle, Grischow. When
Ms. Grischow passed away in 2016, the
attorney who had repaired her estate plan,
including the Trusts, advised Co-
Conservators that the Trustee for those Trusts
would not be able to distribute the quarterly
payments intended for the Conservatee to
his existing Special Needs Trust because Ms.
Grischow’s Trusts directed that such
distributions be made directly to the
Conservatee himself. Conservatee is a
client of CVRC, resides in a skilled nursing
facility due to extensive health problems.
He receives substantial public benefits. For
that reason, Co-Conservators sought the
creation of a conservatorship of the estate,
and intended to do whatever work was
necessary to avoid any interruption in
Conservatee’s eligibility for public benefits.
Please see additional page
NEEDS/PROBLEMS/COMMENTS:
1. Need inventory and
appraisal
Cont. from 020617,
030617
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 16A- Williams
16A
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
16A George Williams (CONS/E) Case No. 16CEPR00890
Status Report filed 2/24/17 (cont.): The Trustee for Ms. Grischow’s Trusts advised the Co-Conservator’s
in December 2016 that he would be ready to make distributions to the Trust beneficiaries including
Conservatee. In order to avoid interruption of Conservatee’s eligibility for public benefits, Co-
Conservators were prepared to request that the Court create a 2nd special needs trust for
Conservatee. However, given that this was obviously not efficient, attorney Amador states she
contacted the Trustee for Ms. Grischow’s Trusts and asked him to verify that he was unable to
distribute to the existing Special Needs Trust. He did so and advised Ms. Amador that, in fact, he
could distribute to that Special Needs Trust. He made arrangements to do just that for the first
distribution in January 2017.
At that point Ms. Amador states she prepared a Petition to Terminate the Conservatorship, as it is no
longer needed as a vehicle to receive and/or redirect the Grischow Trust distributions on behalf of
the Conservatee.
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
16B George Williams (CONS/E) Case No. 16CEPR00890 Attorney: Catherine Amador (for Conservators Kitty Mumford and Marshall Mumford)
Petition for Termination of Conservatorship
KITTY MUMFORD and MARSHALL MUMFORD,
Co-Conservators, are petitioners.
Petitioners state they are the duly appointed
Co-Conservators of the Estate of George
Williams. They are also the Trustees of the
George Billings Williams Irrevocable Special
Needs Trust, dated 2/13/2009. It was
created by Conservatee’s mother, Dorothy
Lorene Williams, now deceased.
Petitioners allege the Conservatorship is no
longer required because the Trustee of the
Cordelia Belle Grischow Exempt and Non-
Exempt Trust has now determined he is able
to make distributions from those Trusts
intended for the benefit of the Conservatee
directly to his previously established Special
Needs Trust.
When Ms. Grischow, who was Conservatee’s
Aunt, passed away in 2016, her Trustee
advised Petitioners that her Trusts provided
for distributions of income to Conservatee,
which would continue for the rest of his life.
However, he stated he was not able to
make those distributions to the
Conservatee’s Special Needs Trust. He
requested that they establish a
conservatorship of the estate for the purpose
of receiving those distributions for the benefit
of Conservatee. Petitioners did so, albeit
with reservations, as they were concerned
that the distributions would endanger
Conservatee’s eligibility for public benefits if
made to a Conservatorship account. The
solution to that problem is normally to create
a special needs trust and substitute it for the
conservatorship of the estate, with the
Court’s approval and supervision. In the
circumstances here, however, that was
obviously duplicative of the work previously
done by Conservatee’s mother.
Please see additional page
NEEDS/PROBLEMS/COMMENTS:
1. Petition alleges a copy of
the George Billings Williams
Irrevocable Special Needs
Trust is attached at Exhibit
“A”. However, there are no
Exhibits attached to the
petition.
2. Need Notice of Hearing.
3. Need proof of service of the
Notice of Hearing on:
a. George Billings Williams
(conservatee)
b. Gary B. Williams (brother)
c. Gregory T. Williams
(brother)
d. Andrew J. Williams
(brother)
e. Richard S. Williams
(brother)
f. Martha E. Flores (sister)
4. Need Order.
Please see additional page.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
X
Aff.Mail X
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report X
9202
Order X
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 16B- Williams
16B
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
16B George Williams (CONS/E) Case No. 16CEPR00890
Prior to starting the work to Petition for creation of a 2nd special needs trust for Conservatee,
Petitioners and their counsel renewed discussions with the Trustee, to explore yet again whether the
barriers he had previously identified to distributing directly to the existing Special Needs Trust sill posed
a problem.
Fortunately, armed with this Court’s 10/6/16 Order, finding that the Conservatee is unable to manage
his own estate for himself, and the report submitted to the Court by Central Valley Regional Center,
which explains in detail Conservatee’s developmental disabilities and other health issues, and after
reviewing again the terms of the Conservatee’s Special Needs Trust, the Trustee has now determined
he can make distributions directly to that Special Needs Trust. In fact, he has already directed the
December 2016 Trust distribution of $8,000 to Petitioners in their capacity as Trustee for the Special
Needs Trust.
Wherefore, Petitioners request that the Conservatorship of the estate of George Williams, the
Conservatee, be terminated.
NEEDS/PROBLEMS/COMMENTS (cont.):
5. Petition states that the assets the conservatee will receive from the Cordelia Belle Grischow
Exempt and Non-Exempt Trust are now being distributed to a third party special needs trust set up
by the conservatee’s mother, for his benefit, prior to her death. There does not appear to be any
authority for assets belonging to the conservatee to be distributed into a third party special needs
trust. The assets of the conservatee can be distributed to a first party special needs trust, if
appropriate. The distinction between the two types of special needs trusts are as follows:
First party special needs trusts are subject to specific federal and state rules designed to keep
applicants from sheltering their property in order to meet program eligibility requirements for
public benefits. They are also subject to “payback” provisions that require MediCal and other
public benefits received to be reimbursed once the trust beneficiary dies.
Third party special needs trust are not subject to any “payback” provisions.
Therefore, it appears that the assets received from the Cordelia Belle Grischow Exempt and Non-
Exempt Trust must be distributed into the Conservatorship estate or into a first party special needs
trust that is approved and monitored by the Court.
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
17 Donald R Kachuck (Estate) Case No. 16CEPR01251 Petitioner: Janet L. Howell (pro per)
Petition for Probate Will and for Letters Testamentary
DOD: 11/9/16 JANET HOWELL, named executor
without bond, is petitioner.
IAEA – not requested, not
published for.
Will dated: 10/26/16
Residence: Fresno
Publication: Business Journal
Estimated value of the Estate:
Personal property: $580,000.00
Probate Referee: Rick Smith.
NEEDS/PROBLEMS/COMMENTS:
Continued from 3/9/17. Minute order
states Petitioner represents that the
predeceased son has one son,
Timothy Kachuck, Jr. [Timothy Jr. is
not a beneficiary under decedent’s
will]. The court finds due diligence as
to Timothy Kachuck, Jr. as to this
hearing. Petitioner also represents
that the assets are stocks/bonds
($580,000) cash in a frozen account
($20,000), and the real property
($175,000). The Court orders
Petitioner to check to see if she is
bondable for the amount of
$750,000.00.
Note: If the petition is granted, status
hearings will be set as follows:
Wednesday, July 26, 2017 at 9:00
a.m. in Department 303, for the
filing of the inventory and
appraisal.
Wednesday, May 30, 2018 at 9:00
a.m. in Department 303, for the
filing of the first account or
petition for final distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10 days
prior the date set the status hearing
will come off calendar and no
appearance will be required.
Cont. from 011917,
030917
Aff.Sub.Wit. S/P
✔ Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
✔ Aff.Mail W/
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 17- Kachuck
17
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
18 Annette Michelle Darden (Estate) Case No. 16CEPR01328 Attorney Palmer, Charles M. (for Petitioner Debbie Darden)
Petition for Letters of Administration with IAEA & with Limited Authority
DOD: 11/18/16 DEBBIE DARDEN, Sister, is Petitioner and
requests appointment as Administrator
with Full IAEA without bond.
Petitioner is the nominee of the
decedent’s daughter, and all heirs
(daughter and son) waive bond.
IAEA – ok
Decedent died intestate
Residence: Fresno
Publication: Business Journal
Estimated value of estate:
Personal property: $15,000.00
Real property: $25,000.00
Total: $40,000.00
(Real property valued at $180,000 is
encumbered for $155,000.)
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
Note: If granted, the Court will set
status hearings as follows:
Thursday, August 24, 2017 for the
filing of the Inventory and
Appraisal
Thursday, May 24, 2018 for the
filing of the first or final account.
If the proper items are on file, status
hearings may come off calendar.
Otherwise, see Local Rule 7.5 re
appearance and status report.
Cont. from 020217
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 18- Darden
18
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
19 Robert M. Brady, SR (Estate) Case No. 16CEPR01332 Petitioner: Robert Brady, JR (pro per)
Amended Petition for Probate of Will and for Letters Testamentary;
Authorization to Administer Under the IAEA
DOD: 12/4/15 ROBERT M. BRADY, JR. named executor,
is petitioner.
Robert M. Brady was appointed Special
Administrator on 1/13/17. Letters of
Special Administration expire on
3/23/17.
Robert M. Brady, son and sole heir,
waives bond.
Full IAEA - ?
Lost Will dated: 12/7/13
Residence: Clovis
Publication: NEED
Petition states Petitioner had the entire
will in his possession following the
decedent’s death but lost a page, and
there is no contest to it terms. He is the
sole beneficiary of the Will. He is the
only child of the Decedent and sole
intestate heir.
Estimated value of the Estate:
Personal Property - $ 350.00
Real property - $17,000.00
Total - $17,350.00
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
1. Need proof of publication.
2. Need order.
3. Need Letters.
Note: If the petition is granted, status
hearings will be set as follows:
Wednesday, July 26, 2017 at 9:00
a.m. in Department 303, for the
filing of the inventory and
appraisal.
Wednesday, May 30, 2018 at 9:00
a.m. in Department 303, for the
filing of the first account or
petition for final distribution.
Pursuant to Local Rule 7.5 if the
required documents are filed 10 days
prior the date set the status hearing
will come off calendar and no
appearance will be required.
Cont. from 020917
✔ Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Petition
Aff.Mail
Aff.Pub. X
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 19- Brady
19
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
20 Dania Jazmine Rodriguez (CONS/P) Case No. 17CEPR00130 Petitioner Rodriguez, Alfonso (Pro Per – Father – Petitioner)
Petitioner Rodriguez, Estela (Pro Per – Mother – Petitioner)
Petition for Appointment of Probate Conservator of the Person
See petition for details. NEEDS/PROBLEMS/COMMENTS:
Court Investigator advised rights on
2/17/17
Voting rights affected – need minute
order.
1. Need Citation and proof of
personal service of Citation with a
copy of the petition at least 15
days prior to the hearing per
Probate Code §1824 on Proposed
Conservatee Dania Rodriguez.
2. Need conservatorship video
receipts per Local Rule 7.15.8.
Cont. from 030917
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of
Hrg
Aff.Mail
Aff.Pub.
Sp.Ntc.
Pers.Serv. x
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
x
CI Report
9202
Order
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation x Recommendation:
FTB Notice File 20- Rodriguez
20
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
21 Trust of Allen Elia dated 3/18/2002 Case No. 17CEPR00132
Attorney Robyn L. Esraelian (for Petitioner Harold Zinkin, Successor Trustee)
Petition for Order Accepting Resignation of Trustee, Appointment of
Successor Trustee to Fill Vacancy and for Waiver of Accounting, Approval
of Trust Administration and Discharge of Current Trustee
DOD: 2/28/2015 HAROLD ZINKIN , Successor Trustee, is
Petitioner.
~Please see petition for details~
NEEDS/PROBLEMS/COMMENTS:
1. Need proposed order pursuant
to Local Rule 7.1.1(F), which
provides a proposed order shall
be submitted with all pleadings
that request relief.
Note Re Bond: Probate Code §
15602(a)(3) provides a trustee is not
required to give a bond unless an
individual who is not named as
trustee in the trust instrument is
appointed as trustee by the court.
Subdivision (b) provides that a
request by all adult beneficiaries of
a trust that bond be waived for the
individual not named as trustee in
the trust is deemed to constitute a
compelling circumstance sufficient
for the court to excuse requirement
of bond. Petition states no bond
should be required for the
successor trustee because the Trust
instrument waives bond; further, all
of the beneficiaries have
consented to appointment of the
successor trustee who is requested
to be appointed, and all
beneficiaries have executed
waivers of bond by the successor
trustee.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters
Duties/Supp
Objections
Video
Receipt
CI Report
9202
Order X
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 21- Elia
21
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
22 Bob Boone (Spousal) Case No. 17CEPR00135 Attorney Standard, Donna M. (for Petitioner Kathaleen R. Boone) Attorney Ingram, Jeffrey C. (of Penn Valley, CA, for Objectors Steven Boone and Laura Stephanie Bennett, Individually and as Co-Trustees of the Boone Family 1994 Revocable Trust)
Spousal Property Petition
DOD: 5/7/15 KATHALEEN R. BOONE, Surviving Spouse, is Petitioner. No other proceedings Petitioner checks both “intestate” and “testate” boxes at #4, and attaches a trust entitled “Boone Family 1994 Revocable Trust,” but no will. Review of the attached trust indicates that it was created by Bob C. Boone and Laura Lee Boone, husband and wife, on 6/8/94, and provides that their children, Steven Boone and Laura Stephanie Bennett, are named successor co-trustees and beneficiaries. The assets of the trust identified at Exhibit A include various securities, accounts, and two parcels of real property: APN 190-030-38 (5 acres) and APN 190-030-39 (15 acres). Petitioner requests Court confirmation that the assets set forth in Attachment 7A be determined as having passed to Petitioner, and that the assets set forth in Attachment 7B be determined as having belonged to Petitioner. Attachments 7A and 7B (combined?) appear to be a photocopy of the Trust’s Exhibit A, with one handwritten addition, being personal property located at certain real property in Squaw Valley, CA, and property removed by Steven Boone from said location. Petitioner also attaches copies of Affidavit of Change of Trustee recorded with the Fresno County Recorder and referencing the above two parcels. Objections were filed on 3/10/17 by Steven Boone and Laura Stephanie Bennett, individually and as Co-Trustees of the Boone Family 1994 Revocable Trust.
SEE ADDITIONAL PAGES
NEEDS/PROBLEMS/COMMENTS: 1. Need clarification:
Did the decedent have a will, or did the decedent die intestate? The existence of an inter vivos trust is a separate issue. If the decedent had a will, a copy should be filed herein, and the original should be deposited pursuant to Probate Code §8200.
2. Petition is missing Attachment 9, which should provide the names, relationships, ages, and addresses of all persons entitled to notice. (Note: Notice of Hearing was served on numerous people not identified in the petition.)
SEE ADDITIONAL PAGES
Aff.Sub.Wit.
Verified
Inventory
PTC
Not.Cred.
Notice of Hrg
Aff.Mail w
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf. Screen
Letters
Duties/Supp
Objections
Video Receipt
CI Report
9202
Order x
Aff. Posting Reviewed by: skc
Status Rpt Reviewed on: 3/15/17
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 22- Boone
22
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
22 Bob Boone (Spousal) Case No. 17CEPR00135 Page 2 – Objectors state the property described in the petition is vested in the Boone Family 1994 Revocable Trust, which became irrevocable on the death of the decedent. A more proper petition should be brought pursuant to Probate Code §850(a)(3)(A), which provides that a trustee or interested person may file petition for under this part where the trustee is in possession of or holds title to real or personal property claimed to belong to another. Objectors state there are a number of evidentiary factors to be determined before any order granting the Spousal Property Petition can be granted. What property is “community,” “quasi-community” and “separate?” Further, any interest in a predeceased spouse’s separate property is offset by the deceased spouse’s interest in the property received by the surviving spouse. Thus, it would be an impossibility to make determination on the instant petition because it is devoid of facts necessary to make the findings requested. Objectors state the petition should be denied because the petition does not state any grounds upon which a determination of her rights, if any, to the property listed can be made. There is no Attachment 7, wherein she was to describe the facts upon which she bases the allegation that the property described in 7A and 7B should pass or be confirmed to her. Objectors state this petition is untimely and bared pursuant to §16061.8, which provides that no action to contest the trust may be brought more than 120 days from notification is served or 60 days from terms delivered during such period, whichever is later. Notification occurred on 7/16/15 with corrected notification on 7/23/15. Objectors conclude that this summary procedure is not designed to deal with the evidentiary issues raised by Petitioner, and that by filing under §850, parties will be able to conduct discovery, inventory assets, calculate the decedent’s debts, determine what assets Petitioner came into possession of, offsets, and the like. It is respectfully submitted that the petition be denied, or be continued for six months to conduct discovery and obtain information that will help the Court make a determination as to Petitioner’s entitlement, if any, to the assets mentioned in her instant petition. NEEDS/PROBLEMS/COMMENTS (Cont’d):
3. Petitioner does not provide any Attachment 7, which should provide the facts upon which
Petitioner bases the allegation that the assets identified in Attachments 7A and 7B should pass to her. Petitioner does not indicate the date of marriage, date(s) of acquisition of assets alleged to belong or pass to her, etc. Need clarification.
4. Attachments 7A and 7B appear to be combined, and appear to simply be a photocopy of the
assets identified as assets of the decedent’s inter vivos trust, with the exception of the handwritten addition of personal property left at the residence or taken by Steven Boone. This summary procedure falls under Division 8 of the Probate Code: Disposition of Estate Without Administration, and can be used only to pass property that would otherwise be subject to estate administration. Assets held in trust would not be subject to estate administration; therefore, disposition under this section is not appropriate. Therefore, need authority for the determinations requested or clarification re how the assets were held.
5. Need Order. Local Rule 7.1.1.F.
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
24 Joanne Lee Blair (Estate) Case No. 17CEPR00140 Attorney Wright, Judith A (for Jodi L. Rubbo – Daughter- Petitioner)
Petition for Probate of Will and for Letters Testamentary and IAEA
DOD: 12/15/2016 JODI L. RUBBO, daughter/alternate named
Executor without bond, is petitioner.
Named Executor declines to act
Full IAEA – o.k.
Will dated: 08/20/2005
Residence: Fresno
Publication: The Business Journal
Estimated value of the Estate:
Personal property - $5,000.00
Real property - $230,000.00
(Less encumbrances - $200,000.00)
Total - $35,000.00
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
Note: If the petition is granted status
hearings will be set as follows:
• Thursday, 08/24/2017 at
9:00a.m. in Dept. 303 for the filing
of the inventory and appraisal
and
• Thursday, 05/24/2018 at
9:00a.m. in Dept. 303 for the filing
of the first account and final
distribution.
Pursuant to Local Rule 7.5 if the required
documents are filed 10 days prior to the
hearings on the matter the status hearing
will come off calendar and no
appearance will be required.
Cont. from
✔ Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/16/2017
UCCJEA Updates:
Citation Recommendation: Submitted
FTB Notice File 24- Blair
24
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
25 Barbara Ann Davis (Estate) Case No. 17CEPR00147 Attorney Nahigian, Eliot S (for United Local Credit Union – Petitioner)
Petition for Letters of Administration; Authorization to Administer Under the IAEA
DOD: 02/29/2016 UNITED LOCAL CREDIT UNION, is
petitioner and requests the PUBLIC
ADMINISTRATOR be appointed as
Administrator of the Estate without
bond.
Full IAEA – o.k.
Decedent died intestate
Residence: Fowler
Publication: The Business Journal
Estimated value of the Estate
Real property - $286,000.00
Probate Referee: Rick Smith
NEEDS/PROBLEMS/COMMENTS:
1. Petition indicates decedent’s residence at
the time of death was Fowler, California,
therefore the correct publication should be
The Fowler Ensign. Petitioner published in
The Business Journal.
2. Affidavit of Publication filed 03/01/2017
states that the petition requests that United
Local Credit Union be appointed as
Administrator however the Petition for
Probate request that the Public
Administrator be appointed. It appears a
new affidavit of publication will be needed
listing the correct proposed personal
representative.
3. Need consent to act as personal
representative from the Public Administrator.
4. Need Order.
5. Need Letters
Note: If the petition is granted status hearings will
be set as follows:
• Thursday, 08/24/2017 at 9:00a.m. in
Dept. 303 for the filing of the inventory
and appraisal and
• Thursday, 05/24/2018 at 9:00a.m. in
Dept. 303 for the filing of the first account
and final distribution.
Pursuant to Local Rule 7.5 if the required
documents are filed 10 days prior to the hearings
on the matter the status hearing will come off
calendar and no appearance will be required.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail w/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
Letters x
Duties/Supp n/a
Objections
Video
Receipt
CI Report
9202
Order x
Aff. Posting Reviewed by: LV
Status Rpt Reviewed on: 03/16/2017
UCCJEA Updates:
Citation Recommendation:
FTB Notice File 25- Davis
25
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
26 Debbie L. Garrett (Estate) Case No. 17CEPR00150
Attorney Gary G. Bagdasarian (for Petitioner Isaiah M. Terry)
Petition for Letters of Administration; Authorization to Administer Under IAEA
DOD: 11/26/2016 ISAIAH M. TERRY, child, is Petitioner and
requests appointment as Administrator
without bond (Petitioner as sole heir waives
bond.)
Full IAEA — OK
Decedent died intestate.
Residence — Fresno
Publication — Business Journal
Estimated value of the Estate:
Personal property - $ 300.00
Real property - $30,000.00
_______________ __________
Total - $30,300.00
Probate Referee: Steven Diebert
NEEDS/PROBLEMS/COMMENTS:
Note: Court will set status
hearings as follows:
Wednesday, August 23, 2017
at 9:00 a.m. in Dept. 303 for
filing of inventory and
appraisal; and
Wednesday, May 23, 2018 at
9:00 a.m. in Dept. 303 for
filing of first account and/or
petition for final distribution.
Pursuant Local Rule 7.5, if the
documents noted above are
filed 10 days prior to the dates
listed, the hearings will be taken
off calendar and no
appearance will be required.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
✔ Aff.Pub.
Sp.Ntc.
Pers.Serv.
Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: LEG
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
Citation Recommendation: SUBMITTED
FTB Notice File 26- Garrett
26
Dept. 303, 9:00 a.m. Thursday, March 23, 2017
27 Edward H Stavlo (CONS/PE) Case No. 17CEPR00197 Attorney: Steven M. Matlak (for Petitioner Muriel Josten)
Petition for Appointment of Probate Conservator of the Person and Estate
THERE IS NO TEMPORARY. No temporary
was requested.
MURIEL JOSTEN, cousin, is petitioner
NEEDS/PROBLEMS/COMMENTS:
1. Capacity Declaration filed on
3/10/17 is incomplete at #9a.(1),
9a.(2), 9b.((1), 9b.(2) and 9b.(5).
2. Petition requests restricted
placement. Dr. Pritpal states
restricted placement is not the
least restrictive environment
appropriate to the needs of the
proposed conservatee.
3. Petition requests the authority to
administer dementia medications
however Capacity Declaration
filed on 3/10/17 is incomplete as
to the administration of dementia
medications. See #1 above.
Cont. from
Aff.Sub.Wit.
✔ Verified
Inventory
PTC
Not.Cred.
✔ Notice of
Hrg
✔ Aff.Mail W/
Aff.Pub.
Sp.Ntc.
Pers.Serv.
✔ Conf.
Screen
✔ Letters
✔ Duties/Supp
Objections
✔ Video
Receipt
CI Report
9202
✔ Order
Aff. Posting Reviewed by: KT
Status Rpt Reviewed on: 3/16/17
UCCJEA Updates:
✔ Citation Recommendation:
FTB Notice File 27- Stavlo
27