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.

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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

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Hrg

✔ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

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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

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Hrg

✔ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

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Conf.

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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.

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Notice of

Hrg

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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.

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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.

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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

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Notice of

Hrg

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Aff.Mail X

Aff.Pub.

Sp.Ntc.

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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.

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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

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✔ Notice of

Petition

Aff.Mail

Aff.Pub. X

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✔ 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