1 Diana Gutierrez Reyes & Isaak Gutierrez Reyes (GUARD/P ... · 1 Diana Gutierrez Reyes & Isaak...

Dept. 303, 9:00 a.m. Tuesday, January 10, 2017

1 Diana Gutierrez Reyes & Isaak Gutierrez Reyes (GUARD/P)

Case No. 10CEPR00378 Petitioner: Evelyn G. Gutierrez (pro per)

Petitioner: Maria B. Calvillo (pro per)

Petition for Appointment of Guardian of the Person

TEMPORARY EXPIRES 1/10/17

MARIA B. CALVILLO, paternal

grandmother, and EVELYN G.

GUTIERREZ, paternal aunt, are

petitioners.

NEEDS/PROBLEMS/COMMENTS:

Continued from 11/15/16. As of

12/28/16 the following issues remain:

1. Need Notice of Hearing.

2. Need proof of personal service of

the Notice of Hearing along with a

copy of the Petition, or Consent

and Waiver of Notice or

Declaration of Due Diligence on:

a. Roberto Gutierrez (father)

b. Victoria Reyes (mother)

3. Need proof of service of the Notice

of Hearing along with a copy of the

Petition, or Consent and Waiver of

Notice or Declaration of Due

Diligence on:

a. Roberto Gutierrez (paternal

grandfather)

b. Unknown maternal grandfather

4. Need Confidential Guardian

Screening form for Petitioner Evelyn

Gutierrez.

Cont. from 111516

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

X

Aff.Mail X

Aff.Pub.

Sp.Ntc.

Pers.Serv. X

✔ Conf.

Screen

X

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order

Aff. Posting Reviewed by: KT

Status Rpt Reviewed on: 12/28/16

✔ UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 – Reyes

1


2 Angelina Gonzales, Manuel Gonzales, Carlos Paul Garcia (GUARD/P)

Case No. 11CEPR00475

Petitioner Christina Moreno (Pro Per, paternal cousin)

Petition for Appointment of Guardian of the Person (for Carlos Paul Garcia Only)

NO TEMPORARY REQUESTED

CHRISTINA MORENO, paternal cousin is

Petitioner.

~Please see Petition for details~

Court Investigator Jennifer Young’s Report

filed 1/4/2017.


This petition pertains only to

CARLOS PAUL GARCIA.

1. Need proof of personal

service at least 15 days prior

to hearing of the Notice of

Hearing with a copy of the

Petition for Appointment of

Guardian, or Consent to

Appointment of Guardian

and Waiver of Notice, or a

Declaration of Due

Diligence, for:

Miranda Higareda, mother;

Carlos Garcia, father.

~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. X

✔ Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

✔ CI Report

✔ Clearances

✔ Order

Aff. Posting Reviewed by: LEG


✔ UCCJEA Updates: 1/5/17


FTB Notice File 2 – Gonzales & Garcia

2


2 Additional Page, Angelina Gonzales, Manuel Gonzales, Carlos Paul Garcia (GUARD/P)

Case No. 11CEPR00475 NEEDS/PROBLEMS/COMMENTS, continued:

2. Need proof of service by mail of the Notice of Hearing with a copy of the Petition for

Appointment of Guardian, or Consent to Appointment of Guardian and Waiver of Notice, or a

Declaration of Due Diligence, for:

Lisa Valdez, maternal grandmother, if Court does not find due diligence per Declaration filed

10/28/2016;

Esmeralda Moreno, paternal grandmother;

maternal grandparents;

Angelina Gonzalez, sibling, if age 12 or over

Manuel Gonzalez, sibling, if age 12 or over;

Odgreana Garcia, half-sibling, if age 12 or over;

Audrina Garcia, half-sibling, if age 12 or over;

Ariana Garcia, half-sibling, if age 12 or over;

Jalene Espinoza, sibling, if age 12 or over;

Justin Espinoza, sibling, if age 12 or over;

Johnny Espinoza, sibling, if age 12 or over;

Angel Espinoza, sibling, if age 12 or over.


3A Ben H. Smith & Dorothy Jean Smith (CONS/PE) Case No. 11CEPR00782 Attorney Kruthers, Heather H. (for Public Guardian – Conservator)

Attorney Krbechek, Randolf (for Michael “Butch” Smith, Jr. – Grandson – Objector)

First and Final Account and Report of Conservator; Petition for Allowance of

Compensation to Conservator and her Attorney; and Distribution (Ben Smith)

3A

Ben H. Smith

DOD: 6/28/14

The FRESNO COUNTY PUBLIC GUARDIAN, Conservator,

is Petitioner.

Account period: 1/18/13 – 6/28/14

Accounting: $755,837.19

Beginning POH: $647,238.74

Ending POH: $580,123.89

Account period: 6/29/14 – 2/4/16



Ending POH: $584,849.02

($51,230.14 cash, investment account, real property

and business interests)

Conservator: $13,917.68 (for 117.79 Deputy hours @

$96/hr and 34.34 Staff hours @ $76/hr, itemized at

Exhibit C)

Attorney: $3,990.00 (for 26.60 attorney hours @

$150/hr, itemized at Exhibit D)

Bond fee: $697.50

Costs: $643.00 ($208 for certification of letters and

$435 for filing this account)

Petitioner states the deceased Conservatee

reportedly has a trust and his assets will pass to that

trust. Again, reportedly, Michael (Butch) Smith, Jr., his

grandson, is the trustee of that trust. Butch Smith has

not provided a copy of that trust to the Public

Guardian for verification or attachment to this

petition.

Petitioner states pursuant to court orders, the total

fees incurred by attorneys Jeffrey Jaech and

Catherine Amador are $40,767.00 and $18,932.00,

respectively. They have each been paid $10,000.00.

Neither the Public Guardian nor County Counsel has

received any payments for their services.

SEE ADDITIONAL PAGES

NEEDS/PROBLEMS/

COMMENTS:

Note: This accounting

pertains to the

Conservatorship of

Ben Smith only.

Minute Order 10/4/16

(Settlement Conf):

Parties will contact

the Court Clerk for an

additional settlement

conference date if

needed.

Note: It does not

appear anything

further has been filed

or that any further

settlement

conference or trial

dates have been set.

Note: See Pages 15

and 16 of this

calendar re probate

estate petitions.

SEE ADDITIONAL

PAGES

Cont. from 051916,

062316, 082516,

091316, 100416

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters 2/13/13

Duties/Supp

Objections

Video

Receipt

CI Report

2620(c) x

Order

Aff. Posting Reviewed by: skc

Status Rpt Reviewed on:

12/21/16

UCCJEA Updates:


FTB Notice File 3A - Ben Smith


3A Ben H. Smith & Dorothy Jean Smith (CONS/PE) Case No. 11CEPR00782

Page 2

Petitioner requests authority to retain the cash on hand as payment of Public Guardian and County

Counsel fees and costs, and partial payment to Mr. Jaech and Ms. Amador the remaining $31,981.96

in percentages/amounts to be determined by the Court. Petitioner requests that the outstanding fees

be a lien against the deceased conservatee’s real properties.

Petitioner further requests distribution of the real and personal property to the trustee.

Petitioner states the Public Guardian has so far been unable to finish the final income tax returns

because Michael (Butch) Smith, Jr. has refused to give permission to Chase Investments to release

the detailed 1099s for the last two years. If the taxes are not completed before distribution of the

estates, then the taxes must be the responsibility of the trustees.

Petitioner states the Conservatee has not received benefits from or through the Veterans

Administration and the Conservatee has not been confined in a state hospital in California during the

pendency of these proceedings. No one has filed a request for special notice.

Petitioner prays that:

1. The Court find that the conservatorship of the person and estate terminated on 6/28/14, the

conservatee’s date of death;

2. The Court find that notice of hearing of this first and final account, report and petition has been

given as required by law, and make an order approving, allowing and settling the attached first

and final account and report of conservator;

3. The Court authorize Petitioner $13,917.68 and her attorney $3,990 as compensation for their

services during the period of this accounting;

4. The Court authorize Petitioner to pay from the estate a bond fee of $697.50 and a processing fee

of $208; (Note: Payment of the $435 filing fee is also included in the cost calculation.)

5. The Court authorize distribution of the balance of property on hand as set forth in this petition;

Update: Pursuant to Response to Examiner Notes filed 9/9/16, the request to distribute assets to

any person acting as trustee is withdrawn, and distribution will be made pursuant to Court order.

6. The Court authorize a lien on the deceased conservatee’s estate, including his real property;

7. The Court excuse the Public Guardian from filing tax returns; and

8. Any other orders that the Court considers proper.




Page 3

On 4/28/16, Mike (Butch) Smith, Jr., filed Objections to this accounting for Conservatee Benjamin H.

Smith and the related accounting for Conservatee Dorothy Jean Smith (one document).

Objector states there are common issues in the accounting for the Jean Smith conservatorship estate

and the Ben Smith conservatorship estate and the two matters should be set for the same date. One

of the assets of the Ben Smith conservatorship estate was a note payable by Mahil Farms, which note

was made in payment for a sale of real property held by Ben Smith and Jean Smith as joint tenants.

Jean Smith held no interest in such joint tenancy property after her death (10/18/12).

The Ben Smith accounting reflects payments from Mahil Farms totaling $117,960.80. The Jean Smith

accounting reflects payments totaling $77,980.40. See Objection for details. Jean Smith’s joint

tenancy interest in the Mahil payments ended at her death on 10/18/12. She was entitled to receive

one-half of the 2012 payment in the amount of $24,490.20. She was not entitled to receive payments

after her death. The balance of the payments in the sum of $53,470.60 ($77,960.80 minus $24,490.20)

are property of the Ben Smith conservatorship estate.

Objector states the two conservatorship estates hold the following real property, which were

community assets:

Per Jean Smith Accounting:

3140 N. Grantland, $14,645 rent collected

3162 N. Grantland, $8,800 rent collected

6464 W. McKinley, $36,900 rent collected

Total: $60,345

The Jean Smith Accounting reflects various rental income from these properties. See Objection for list.

For reasons not explained, all of the income was allocated to the Jean Smith conservatorship estate,

and none to the Ben Smith conservatorship estate, which is not proper, because each estate owned

a one-half interest in these properties. In addition, despite the fact that no rental income was

allocated to the Ben Smith conservatorship estate, rental expenses totaling $2,246.39 were allocated

to the Ben Smith conservatorship estate. Income and expenses for rental properties must be

allocated consistently.

Objector states Benjamin Smith had a trust and his assets will pass to that trust. Butch Smith is the

trustee of that trust. The estate planning documents were prepared by attorney Jeffrey Jaech, who

was previously the attorney for Conservatee herein. Mr. Jaech not only provided the estate planning

documents to Petitioner, he filed them with the court, as established in an email dated 2/9/13. In all

events, the undersigned counsel (attorney Krbechek) has, in response to the petition for distribution,

mailed another set of the estate planning documents to counsel for petitioner on 4/7/16.




Page 4

Objector states (Cont’d): Paradise Cleaners: The petition reflects a zero value for Paradise Cleaners, a

business owned by Michael H. Smith, Sr. However, such valuation is contrary to the opinion of Steven

Diebert as expressed in an email dated 5/7/13. See Objection for copy of email. Accordingly, the

inventories and petitions should be modified to account for this asset.

Accounting expenses: The accounting for Ben Smith reflects $5,634.13 in tax services. The accounting

for Jean Smith reflects $6,025 for tax services. Objector states he does not know the billing rate for the

accountant and cannot determine whether charges are duplicated.

Concerning the Morgan Stanley statements, the undersigned counsel personally delivered the 2013

and 2014 statements to County Counsel in Probate Court on 10/20/14, as confirmed by email. The

information was re-sent, and he will re-send the 2015 information upon receipt.

Attorney fees: An appeal has been taken from the Order After Hearing on Petition for Attorney’s Fees

filed on 1/15/16. (Examiner’s Note: Appellant’s Notice Designating Record on Appeal was filed

5/11/16 by Mike (Butch) Smith, Jr.)

Conclusion: Butch Smith objects to a distribution of the conservatorship estates that do not take the

foregoing items into account.

The Public Guardian’s Response to Objections filed 5/17/16 states:

Objector does not include a $20,000 payment made to Ben Smith by check from Dorothy Smith’s

conservatorship estate on 9/9/12.

Objector states: “rental income and expenses should be shared.” Having little direction on this

case as to what to pay from whom, initially the PG paid the expenses out of Dorothy Smith’s

account because she had money. Later, when it appeared all properties would go to her except

1661 N. Grantland (based on settlement discussions), the PG stopped paying expenses for that

property in anticipation that the beneficiary would pay them. If Objector would like to argue his

point that Dorothy Smith received rents so Ben Smith should not have to pay for the expenses,

then the PG can credit part of the rents to Ben Smith, and the expenses Dorothy Smith paid for

the 1661 property can be credited to her. The PG advises that this would result in a much larger

amount going to Dorothy Smith.

Objector insinuates the accountant’s time must be overlapping because there is so much of it.

The PG can attest that the times are not double-billed. The account is very complex and the

accountant had to amend some returns because the PG did not have complete information the

first time the returns were filed.

Objector states he delivered the Chase “statements” to County Counsel. What was requested

were consolidated 1099s that the CPA needs to complete taxes. No such documents were

received until 5/2/16.




Page 5

Petitioner prays the Court deny the objections and approve the accounts. If the Court is unwilling to

do so, PG pleads with the Court to set a mandatory settlement conference or require that the parties

participate in mediation before any other hearings occur. This case involves jointly held assets

between married persons who left two differing estate plans and a hostile family. Attorney fees

already exceed the property on hand in at least one of the conservatorship estate and the full

amount of fees to the PG and County Counsel has not even been considered by this Court yet.

Objector’s Reply to the PG’s Response filed 5/19/16 (duplicate filed 5/20/16) states:

Objector will accept that the Ben Smith estate should pay $658.96 to the Jean Smith estate as an

equalizing payment, but will not agree to forfeit the additional sums collected on the Mahil Farms

promissory note.

Objector acknowledges the $20,000 distribution referenced by the PG. With credit for that

distribution, $33,470.650 should be distributed from the Ben Smith Conservatorship to the Dorothy

Smith Conservatorship. See Reply for details.

Benjamin Smith had a trust and his assets will pass to that trust. Butch Smith is the trustee.

The petitions fail to reflect the value of Paradise Cleaners, a business owned by Michael H. Smith,

Sr. In the opinion of Steven DIebert expressed in an email to Melody Long, a paralegal employed

by Fresno County, dated 5/7/13, a receivable in the amount of $168,000 should be included as an

asset of the two estates, presumably one-half to each.

Objector accepts that the accounting expenses were charged one-half to each estate as

represented by the PG.

Objector states while the issues are substantially narrowed, Objector objects to a distribution from the

conservatorship estates that do not take the foregoing items into account.




Page 6 – NEEDS/PROBLEMS/COMMENTS:

Note: Response to Examiner Notes filed 9/9/16 addressed most issues. The following remain noted:

1. The Probate Referee assigned Paradise Dry Cleaners a value of $0. Objector states the business

did have value, with reference to an email between the Probate Referee and County Counsel

Staff. The email describes that the reason behind the $0 value is that the business had more debt

than it would net from sale, and in fact, the debt, $168,083.00, was owed to the “decedent”

(unclear which spouse’s estate the email refers to), and that receivable is the real asset.

Therefore, need clarification regarding this valuation and debt owed. Need authority for valuation

of $0, and clarification as to why the receivable was not inventoried.

Response to Examiner Notes filed 9/9/16 states: The PG defers to the Court’s judgment regarding the

business. This has been a source of contention among the family from the inception of the

conservatorship. Michael H. Smith, Sr., runs the business and alleges that if he did not and someone

else did for a salary, it would fail. He admits his parents paid $50,000 toward the business, but says the

business was meant to be his.

2. Need account statements per Probate Code §2620(c).

Response to Examiner Notes filed 9/9/16 states: Pooled funds do not require statements. Re the Chase

investment account, the account was vested “Jean Smith TOD,” so it went to Benjamin Smith

(Conservatee) upon her death. Michael H. Smith, Jr. (Butch) was listed on the account as the

authorizing party, so the PG did not receive statements and could not marshal the asset. The PG has

some statements from 2012-2014 and a 1099 that was provided for the CPA.


3B Ben H. Smith & Dorothy Jean Smith (CONS/PE) Case No. 11CEPR00782 Attorney Kruthers, Heather H. (for Public Guardian – Conservator)

Attorney Krbechek, Randolf (for Michael “Butch” Smith, Jr. – Grandson – Objector)

Amended First and Final Account and Report of Conservator; Petition for Allowance of

Compensation to Conservator and her Attorney; and Distribution (Dorothy Jean Smith)

Dorothy Smith

DOD: 10/18/12

The FRESNO COUNTY PUBLIC GUARDIAN, Conservator, is

Petitioner. Note: Letters of Conservatorship issued

7/13/12. The Conservatee died 10/18/12.

Account period: 6/26/12 – 10/18/12



Ending POH: $533,827.39

Account period: 10/19/12 – 2/2/16



Ending POH: $501,725.72

($3,888.22 cash, real property and business interests,

personal property)

Conservator: $3,289.56 (for 20.99 Deputy hours @ $96/hr

and 16.77 Staff hours @ $76/hr, itemized at Exhibit C)

Attorney: $1,000.00 (per Local Rule)

Bond fee: $697.50

Costs: $539.00 ($104 for certification of letters and $435

for filing this account)

Petitioner states the deceased Conservatee has a trust

and her assets will pass to that trust. Michael Smith, Sr.,

her son, is the trustee of that trust. Petitioner requests

authority to retain the cash on hand as partial payment

of fees and requests that the outstanding fees be a lien

against the deceased conservatee’s real properties.

She further requests distribution of the real property.

Petitioner states the Public Guardian has so far been

unable to finish the final income tax returns because

Michael (Butch) Smith, Jr. has refused to give permission

to Chase Investments to release the detailed 1099s for

the last two years. If the taxes are not completed

before distribution of the estates, then the taxes must

be the responsibility of the trustees.


NEEDS/PROBLEMS/

COMMENTS:

Note: This

accounting pertains

to the

Conservatorship of

Dorothy Jean Smith

only.

Minute Order

10/4/16 (Settlement

Conf): Parties will

contact the Court

Clerk for an

additional

settlement

conference date if

needed.

Note: It does not

appear anything

further has been

filed or that any

further settlement

conference or trial

dates have been

set.

Note: See Pages 15

and 16 of this

calendar re probate

estate petitions.

1. Need revised

order re distribution.

Cont. from 051916,

062316, 082516,

091316, 100416

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

X

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters 7/13/12

Duties/Supp

Objections

Video

Receipt

CI Report

2620(c)

Order


Status Rpt Reviewed on:

12/21/16

UCCJEA Updates:


FTB Notice File 3B - Dorothy

Smith

3B


3B Ben H. Smith & Dorothy Jean Smith (CONS/PE) Case No. 11CEPR00782

Page 2 - Petitioner prays that:

9. The Court find that the conservatorship of the person and estate terminated on 10/18/12, the

conservatee’s date of death;

10. The Court find that notice of hearing of this first and final account, report and petition has been

given as required by law, and make an order approving, allowing and settling the attached first

and final account and report of conservator;

11. The Court authorize Petitioner $3,289.56 and her attorney $1,000.00 as compensation for their

services during the period of this accounting;

12. The Court authorize Petitioner to pay from the estate a bond fee of $697.50 and a processing fee

of $208; (Note: Payment of the $435 filing fee is also included in the cost calculation.)

13. The Court authorize distribution of the balance of property on hand as set forth in this petition;

Update: Pursuant to Response to Examiner Notes filed 9/9/16, the request to distribute assets to

any person acting as trustee is withdrawn, and distribution will be made pursuant to Court order.

14. The Court authorize a lien on the deceased conservatee’s estate, including her real property;

15. The Court excuse the Public Guardian from filing tax returns; and

16. Any other orders that the Court considers proper.

Examiner’s Note: See Page A re Objections filed 4/28/16 by Mike (Butch) Smith, Jr., the Public

Guardian’s Response, and Objector’s Reply to Response.


4A Gary F. Morris, Sr., 2013 Trust Case No. 13CEPR01104

Attorney Stefanie J. Krause (for Petitioner Gary Morris, Jr., Beneficiary)

Attorney Jennifer Walters (for Walter A. Morris, Successor Trustee)

Petition to Compel Accounting by Trustee of the Gary F. Morris, Sr. 2013

Trust and Petition for Distribution of Trust Assets to Doug Standing, Trustee of

the Gary Morris, Jr. Trust and Petition for Fees and Costs

DOD: 10/19/2013 GARY MORRIS, JR., Beneficiary, is Petitioner.

Petitioner states:

WALTER A. MORRIS was appointed as

Successor Trustee of the GARY F.

MORRIS, SR., 2013 TRUST on 4/1/2014

[copy of Trust attached as Exhibit A to

Declaration of Clerical Error and

Omissions filed 10/2/2015];

The GARY F. MORRIS, SR., 2013 TRUST

terms provide that the balance of the

Trust estate, including all assets poured

into the Trust as a result of Trustor’s

death, is to be distributed to BARBARA

TURNER, Trustee of the GARY F. MORRIS,

JR., TRUST;

BARBARA TURNER resigned as Trustee of

both Trusts, and WALTER A. MORRIS was

appointed as Successor Trustee;

Petitioner requests the Court compel

WALTER A. MORRIS, as Trustee of the

GARY F. MORRIS, SR., 2013 TRUST, to

distribute the remaining assets in the

GARY F. MORRIS, SR., 2013 TRUST to

DOUG STANDING, Trustee of the GARY F.

MORRIS, JR., TRUST within 30 days of the

order approving this petition;



Page 4B is a Fee Waiver Review.

Page 4C is the First and Final

Account and Report of Trustee.

Continued from 11/8/2016. Minute

Order states Ms. Walters informed

Ms. Krause that she would not be

able to appear today due to a

family emergency, and she

requests a continuance.

Note: Substitution of Attorney filed

9/22/2016 shows Gary Morris, Jr.,

who was formerly represented by

Attorney Nancy LeVan, is now

represented by Attorney STEFANIE

KRAUSE.


Order states Ms. Krause is new to

the case, and counsel agree to a

continuance for discussions.

Note Re Filing Fee: A filing fee of

$435.00 for the Petition to Compel

Accounting is currently due from

Petitioner, who filed the Petition

using a fee waiver, which is

pending. The $435.00 filing fee is

appropriately payable from Trust

assets pending the fee waiver

review.

Cont. from

100615, 111715,

010516, 020916,

031516, 050316,

053116, 071216,

072616, 081716,

092716, 110816

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail W

/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/S

Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 4A – Morris

4A


4A Additional Page, Gary F. Morris, Sr. 2013 Trust Case No. 13CEPR01104

Petitioner states, continued:

GARY F. MORRIS, SR., 2013 TRUST terms provide that the Trustee shall periodically, but not less than

once each year, render an account of its administration of the Trust(s) under the Trust instrument

to all current income beneficiaries;

GARY F. MORRIS, SR’s., date of death is 10/9/2013 [sic]; WALTER A. MORRIS was appointed as

Successor Trustee on 4/1/2014; to date, no accounting has been received from WALTER A.

MORRIS.

Petitioner prays the Court Order:

1. An accounting from WALTER A. MORRIS from the period when he was Successor Trustee of the

GARY F. MORRIS, SR., 2013 TRUST from 4/1/2014 until 8/31/2015;

2. WALTER A. MORRIS, Successor Trustee of the GARY F. MORRIS, SR., 2013 TRUST, [shall] distribute all of

the remaining assets in the GARY F. MORRIS, SR., 2013 TRUST to DOUG STANDING, Trustee of the

GARY F. MORRIS, JR., TRUST within 30 days of the signed of the order approving this Petition;

and

3. Allowing attorney fees and costs to Petitioner to be paid by Walter Morris for failure to file

accounting and distribute assets pursuant to GARY F. MORRIS, SR., 2013 TRUST terms.

Notes for background:

Order Removing Walter Morris as Trustee of the GARY F. MORRIS, SR., 2013 TRUST, Appointing Doug

Standing as Temporary Successor Trustee; Instructing BofA to Transfer Funds in Checking Account

Ending in #8078 to Doug Standing, Successor Trustee of the Gary F. Morris, Sr. 2013 Trust, was filed

7/20/2016. Order finds DOUG STANDING is to deposit all of the funds withdrawn from the

[account] into a blocked account in his name as Successor Trustee; Doug Standing is to notify the

bonding company of the change of trustees and complete an application for $152,137.88 bond

and file proof of bond with the Court; Doug Standing is to file with the Court proof of the amount

in the previous account and the amount deposited into the blocked account.

Order Setting Bond Amount filed 4/25/2015 set bond at $286,000.00, proof of which was filed on

5/9/2014. Order Reducing Bond Amount filed 5/13/2015 finds that the bond amount for WALTER A.

MORRIS, as Trustee of the GARY F. MORRIS, SR., 2013 TRUST is reduced to $152,137.88, which is the

amount of net proceeds [distributed to the seller of the Trust real property] plus 10%.


4B Gary F. Morris, Sr. 2013 Trust Case No. 13CEPR01104


Fee Waiver Review

DOD: 10/19/2013 NEEDS/PROBLEMS/COMMENTS:

Cont. from 100615,

111715, 010516,

020916, 031516,

050316, 053116,

071216, 072616,

081716, 092716,

110816

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



UCCJEA Updates:


FTB Notice File 4B – Morris

4B


4C Gary F. Morris, Sr., 2013 Trust Case No. 13CEPR01104


Attorney Jennifer Walters (for Walter A. Morris, former Successor Trustee)

First and Final Account and Report of Trustee and Petition for Its Settlement;

and for Final Distribution

DOD: 10/19/2013 WALTER A. MORRIS, [former Successor]

Trustee, is Petitioner.

Account period: 10/19/2013 – [12/31/2015]

Accounting - $376,000.00 or $373,654.07?

Beginning POH - $260,000.00

Ending POH - $105,500.27

(all cash)

Trustee - $3,157.00

(for services in the sum of $2,415.00 and

gas mileage in the sum of $742.00;

itemized in “Trustee Work Memo”

attached as Exhibit A to Declaration

filed 10/13/2016;)

Attorney - $768.50 (paid)

(not itemized)

Bond - $152,137.88

(sufficient)

Petitioner states on 5/20/2014,

Decedent’s real property on Garlock

Lane in Prather was sold for $350,000.00,

and proceeds of $138,307.44 were wired

into the trust account on 5/23/2014.

Decedent’s vehicle (not inventoried)

was sold for $15,000.00 and proceeds

were deposited into the Trust account

on 4/8/2014.

Petitioner requests the Trust assets in

possession of the [former] Trustee in the

sum of $105,500.27, minus attorney’s

fees, Trustee fees, and closing costs

should be distributed to the Trustee of

the GARY F. MORRIS, SR., 2013 TRUST per

Trust terms.




Order states Ms. Walters informed Ms.

Krause that she would not be able to

appear today due to a family

emergency, and she requests a

continuance.

Note: Order Removing Walter Morris

as Trustee of the GARY F. MORRIS, SR.,

2013 TRUST filed 7/20/2016 finds that

DOUG STANDING is to deposit all of

the funds into a blocked account in

his name as Successor Trustee.

1. Objection filed 9/22/2016 requests

the First Account be amended to

correct the insufficiencies

described in the Objection. The

Declaration of Jennifer L. Walters

filed 10/13/2016 appears to be

intended in lieu of an amended

account, as it contains

statements to correct clerical

errors in the accounting, and

contains a new Exhibit A setting

forth the Trustee’s time and

mileage. Court records do not

show proof of service of the

Declaration filed 10/13/2016 to

the Objector GARY MORRIS, JR.,

or to any persons entitled to

notice pursuant to Probate Code

§§ 15804(a) and 17203(a)(2).


Cont. from 092716,

110816

Aff.Sub.Wit.

✔ Verified

✔ Inventory

PTC

Not.Cred.

Notice of

Hrg

X

Aff.Mail X

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

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Duties/Supp

✔ Objections

Video

Receipt

CI Report

9202

Order X



UCCJEA Updates:


FTB Notice File 4C- Morris

4C


4C First Additional Page, Gary F. Morris, Sr., 2013 Trust Case No. 13CEPR01104

Petitioner prays for an Order:

1. Approving, allowing and settling the First and Final Account and Report of the Trustee; and

2. Confirming and approving all acts and proceedings of Petitioner as Trustee.

NEEDS/PROBLEMS/COMMENTS, continued:

The following defects from the last hearing remain:

1. Account period begins on 10/19/2013, which is several months prior to the actual appointment of

Petitioner Walter A. Morris as Successor Trustee by Order Approving Petition for Appointment of

Successor Trustee of the Gary F. Morris, Sr., 2013 Trust filed 4/1/2014, inferring that Petitioner

marshalled assets of the Trust before he was appointed. Account period ends on 12/31/2015 (as

stated in Declaration of Jennifer L. Walters filed 10/13/2016), which is several months prior to the

Court’s removal on 7/12/2016 of the Petitioner as Successor Trustee. Need accounting of Trust

assets from the Petitioner as Successor Trustee for the period of 1/1/2016 to 7/11/2016.

2. Summary of Account on page 2 of the Petition does not list any charges and credits in equal

values as required by Probate Code § 1061(b) and (c). However, Summary of Account attached

as an Exhibit lists charges as $376,000.00, while credits are listed as $373,654.07, resulting in an

unexplained difference of $2,345.93, causing the accounting not to balance. Charges must equal

credits as provided by Probate Code § 1061(c). Need clarification and/or amended account

pursuant to Probate Code § 1060 et seq. Declaration of Jennifer L. Walters filed 10/13/2016

provides two entries that were not included in the First Account to explain the error; states the

accounting now has a discrepancy of $4.07 that the former Trustee cannot account for.

3. Pursuant to Probate Code § 17201, Petition does not but should state the names and addresses of

all persons entitled to notice of the Petition. Need proof of service by mail of 30 days’ notice prior

to hearing for the following persons pursuant to Probate Code §§ 15804(a) and 17203(a)(2):

GARY MORRIS, JR., Beneficiary;

DOUG STANDING, current Successor Trustee;

NANCY J. LeVAN, attorney for Beneficiary;

BARBARA TURNER, named successor trustee;

RONALD POTTER, JR., named successor trustee;

AMERICAN CANCER SOCIETY, contingent beneficiary;

UNITED CEREBRAL PALSY OF CENTRAL CALIFORNIA, contingent beneficiary;

JOHN JEFF MORRIS, son.

4. Schedule A2, Receipts, contains question marks at entries dated 4/22/2014 of $1,100.00 and

5/6/2014 of $10,000.00. Need clarification.

5. Court may require an itemization of attorney services to support the attorney fees already paid

from the Trust of $768.50. (Petition states a list of Trustee’s time and mileage in support of request

for trustee fees is attached as Exhibit A; however, no Exhibit A is attached. -- Exhibit A setting forth

the Trustee’s time and mileage contained in Declaration of Jennifer L. Walters filed 10/13/2016.



4C Second Additional Page, Gary F. Morris, Sr., 2013 Trust Case No. 13CEPR01104

NEEDS/PROBLEMS/COMMENTS, continued:

The following defects from the last hearing remain, continued:

6. Court may require explanation for the large expenditure listed in Schedule C1, Disbursements,

dated 6/4/2014 to “Motoring Cal. Co.” in the sum of $36,200.00.

7. Need proposed order pursuant to Local Rule 7.1.1(F).

Beneficiary Gary Morris, Jr’s. Objection to First and Final Account and Report of Trustee and Petition

for its Settlement filed 9/22/2016 states:

Gary Morris, Jr. objects to the former Trustee’s request for the account to be settled, allowed, and

approved on the grounds that it is incomplete and lacks sufficient information;

Probate Code section 16063(b) provides that an accounting submitted to be approved by the

court must comply with Probate Code section 1064, which provides that a petition for approval

shall contain “a description of all sales, purchases, changes in the form of assets, or other

transactions...that are not otherwise readily understandable from the schedule.” The Petition must

also have “an explanation of any unusual items appearing in the account.”

The Accounting provided by the former Trustee reflects Charges in the amount of $376,000.00 and

credits in the amount of $373,654.07. This leaves a difference of $2,345.93 that is unaccounted for

in the Accounting and not explained in the Report. Objector requests the Accounting be

amended to show the whereabouts of this missing amount.

Objector objects to the former Trustee’s request for compensation and reimbursement. Trustees

are required to administer the trust as a prudent person would, “with reasonable care, skill, and

caution.” (Prob. Code sec. 16040(a)). The Trustee failed to administer the trust properly when he

refused to provide an accounting, forcing Objector to file a Petition to Compel the Accounting.

The Petition to Compel the Accounting was filed 8/27/2015 and it took almost an entire year for

the Accounting to finally be submitted.

The Trustee further failed to administer the Trust properly when he refused to continue payments

for Objector’s housing, forcing Objector to file a petition for payment. Because the former Trustee

failed to administer the Trust as a prudent person would and because he caused so many costly

delays, the former Trustee should not be compensated or reimbursed, or the amount awarded

should be reduced within the discretion of the Court.

Objector prays that:

1. The Petitioner’s request for approval of the First Account be denied;

2. The Petitioner’s request for approval and allowance of the former Trustees’ fees and

reimbursement be denied, or the amount awarded reduced within the discretion of the Court;

3. The First Account be amended to correct the insufficiencies described.

Proof of Service by Mail filed 9/22/2016 shows a copy of the Objection was served to all parties

entitled to notice on 9/22/2016.


5 Cristyonna Wilson (GUARD/PE) (Lead Case) Case No. 14CEPR00086 Guardian Bryant, Kimberly Ann (Pro Per – Maternal Grandmother – Guardian of the Estate)

Status RE: Filing of the First Account

KIMBERLY ANN BRYANT and W. KEVIN

BRYANT, Maternal Grandparents, were

appointed Co-Guardians of the Person

on 4/3/14.

Separately, KIMBERLY ANN BRYANT,

alone, was appointed Guardian of the

Estate, with funds held in a blocked

account.

At the hearing on 11/10/15, the Court

set this status hearing for the filing of the

first account.


Note: The Receipt for blocked

account filed 4/28/16 reflects that

the account is titled as “custodian”

rather than Guardian of the Estate.

The Court may require the estate to

be retitled to reflect “Kimberly Ann

Bryant, as Guardian of the Estate of

Cristyonna Wilson.”

1. Need Inventory and Appraisal

pursuant to Probate Code §2610

or written status report pursuant to

Local Rule 7.5.

2. Need First Account pursuant to

Probate Code §2620 or written

status report pursuant to Local

Rule 7.5.

Aff.Sub.Wit.

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Order



UCCJEA Updates:


FTB Notice File 5 – Wilson

5


6 Sally Fernandez (CONS/P) Case No. 14CEPR00359 Attorney Teixeira, J. Stanley

Status of Proof of Transfer to Orange County


OFF CALENDAR

File received by Orange County

Superior Court; assigned Case No.

30-2016-00865910-PR-CP-CJC per

Receipt filed 8/1/16.

Cont. from

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UCCJEA Updates:


FTB Notice File 6 – Fernandez

6


7 Annelyse Mycole Alvarez (GUARD/PE) Case No. 14CEPR00581 Attorney Marshall, Jared C. (for Guardian Lorraine Alvarez)

Second Account Current, Report of Guardian and Petition for Its Settlement,

and for Allowance of Attorneys' Fees and Costs

LORRAINE RENEE ALVAREZ, Maternal

Grandmother and Guardian of the

Person and Estate, is Petitioner.

Current bond is $27,419.60 (sufficient)

($14,147.12 is currently unblocked;

gross unblocked income approx.

$7,111.80)

Account period: 9/24/15 – 9/23/16


Beginning POH: $ 71,261.81

Ending POH: $ 74,836.10 (cash)

Guardian: Waives compensation

Attorney: $9,717.00 (for 55.9 attorney

and paralegal hours @ $145-250/hr,

itemized at Exhibit B of Declaration

filed 11/7/16. Services include

account/document preparation,

appearance and prior hearings, confer

with client and CALSTRS re check

deposits)

Costs: $486.00 (filing, cert orders)

Petitioner prays for an order:

1. Approving, allowing, and settling

the second account, and

approving and confirming the acts

of Petitioner as guardian;

2. Authorizing payment of the

attorney fees and costs;

3. Finding that the current bond is

sufficient.


Note: If granted, the Court will set

status hearing for the next account:

Tuesday, November 13, 2018

Aff.Sub.Wit.

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2620

Order



UCCJEA Updates:


FTB Notice File 7 – Alvarez

7


8 Jean Michel Irigoyen (Estate) Case No. 14CEPR01043 Attorney: Stanley J. Teixeira (for Administrator Laura Kuhne-IIrigoyen)

Probate Status Hearing RE: Filing of the First or Final Account

DOD: 9/10/14 LAURA KUHNE-IIRIGOYEN was

appointed as Administrator with full

IAEA authority and bond set at $245,000

on 1/7/15.

Bond filed on 1/8/15.

Letters issued on 1/8/15.

Inventory and appraisal filed on 5/18/15

showing the estate valued at

$229,047.45.

Minute order dated 1/7/15 set a status

hearing for the filing of the first account

or petition for final distribution.

Status Report filed on 12/27/16 states

Attorney Teixeira has been in

communication with Eddie Ruiz, the

attorney appointed as the practice

administrator for the decedent’s law

corporation and business. Mr. Ruiz’s

report and account has been filed with

the Madera County Superior and ha

hearing date of 1/30/17 has been

assigned for the matter. Mr. Teixeira

believes that once the report and

account of Mr. Ruiz, the practice

administrator, has been approved, the

personal representative of the estat4e

can then file her own report and

account shortly thereafter.


Cont. from 030716,

041916, 060716,

092016

Aff.Sub.Wit.

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UCCJEA Updates:


FTB Notice File 8 – Irigoyen

8


9A Jaime N. Ruiz (CONS/P) Case No. 15CEPR00451 Attorney Teixeira, J. Stanley (for Ruiz, Rosa P. –Spouse)

Attorney Flanigan, Philip. (for Elizabeth A. Vasquez –Daughter)

Attorney Horton, Lisa (Court Appointed for Proposed Conservatee)

Probate Status Hearing

Age: 78 ELIZABETH A. VASQUEZ, daughter,

petitioned for appointment as

Conservator of the person, with medical

consent and dementia powers to

administer dementia medications on

04/30/2015.

ROSA P. RUIZ, spouse, filed an Objection

to Petition for Appointment of

Conservator Probate Code Section 1812

on 06/09/2015. ROSA P. RUIZ, also filed a

competing petition requesting

appointment as Conservator of the

person, with medical consent and

dementia powers to administer

dementia medications. She also

requested that the PUBLIC GUARDIAN,

be appointed as Conservator of the

estate.

Please see file for details


9B and 9C are the competing Petitions for

Appointment of Conservator.

Minute Order of 11/15/2016: Further trial

setting with regard to the TRO will be done

next week by Judge Tharpe.

Rosa P. Ruiz was appointed Temporary

Conservator of the Person only, EXPIRES

01/10/2017

PUBLIC GUARDIAN APPOINTED

CONSERVATOR OF THE ESTATE PURSUANT TO

MINUTE ORDER OF 12/08/2015

Minute Order of 02/02/2016 (in part): For the

record, it appears all parties present agree

that all trust assets should be turned over to

the Public Guardian; the Court directs

counsel to file a stipulation stating said

agreement. Counsel agree to continue this

matter to 07/26/2016.

Cont. from 102715,

110315, 120815,

020216, 072616,

111516

Aff.Sub.Wit.

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Aff. Posting Reviewed by: LV


UCCJEA Updates:


FTB Notice File 9A – Ruiz

9A


9B Jaime N. Ruiz (CONS/P) Case No. 15CEPR00451 Attorney Flanigan, Philip (for Elizabeth A. Vasquez – Petitioner – Daughter)


Attorney Teixeira, J. Stanley (for Ruiz, Rosa P. – Objector/Competing Petitioner - Spouse)

Petition for Appointment of Probate Conservator of the Person

Age: 78 Rosa P. Ruiz was appointed Temporary


01/10/2017

PUBLIC GUARDIAN APPOINTED CONSERVATOR

OF THE ESTATE PURSUANT TO MINUTE ORDER OF

12/08/2015

ELIZABETH A. VASQUEZ, daughter, is petitioner.

Please see petition for details


Minute Order of 11/15/2016: Further

trial setting with regard to the TRO will

be done next week by Judge Tharpe.

9C is the competing petition for

Appointment of Probate Conservator of

the Person and Estate filed by Rosa P.

Ruiz, spouse/objector.

Note: This petition is for appointment of

probate conservatorship of the person

only.

Minute Order of 02/02/2016 (in part):

For the record, it appears all parties

present agree that all trust assets

should be turned over to the Public

Guardian; the Court directs counsel to

file a stipulation stating said

agreement. Counsel agree to

continue this matter to 07/26/2016.

Minute Order of 12/08/2015: Mr.

Flanigan orally motions for the Public

Guardian to become the trustee of

the Trust, and stipulates to the Public

Guardian as permanent Conservator

of the Estate. Ms. Kruthers will file an Ex

Parte request to allow the Public

Guardian to take control of the Trust.

No appearance is necessary at the

status hearings if the required

documents are filed at least two court

days prior.

Court Investigator Advised Rights on

05/28/2015.

Cont. from 061115,

071615, 110315,

120815, 020216,

072616, 111516

Aff.Sub.Wit.

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Order x



UCCJEA Updates:

✔ Citation Recommendation:

FTB Notice File 9B - Ruiz

9B


9C Jaime N. Ruiz (CONS/PE) Case No. 15CEPR00451 Attorney Flanigan, Philip (for Elizabeth A. Vasquez – Competing Petitioner – Daughter)


Attorney Teixeira, J. Stanley (for Ruiz, Rosa P. – Petitioner - Spouse)

Petition for Appointment of Probate Conservator of the Person and Estate

Age: 78 Rosa P. Ruiz was appointed Temporary


01/10/2017

PUBLIC GUARDIAN APPOINTED CONSERVATOR OF

THE ESTATE PURSUANT TO MINUTE ORDER OF

12/08/2015

ROSA P. RUIZ, spouse, is petitioner.



Minute Order of 11/15/2016: Further

trial setting with regard to the TRO will

be done next week by Judge

Tharpe.

Minute Order of 02/02/2016 (in part):

For the record, it appears all parties

present agree that all trust assets

should be turned over to the Public

Guardian; the Court directs counsel

to file a stipulation stating said

agreement. Counsel agree to

continue this matter to 07/26/2016.

Minute Order of 12/08/2015: Mr.

Flanigan orally motions for the Public

Guardian to become the trustee of

the Trust, and stipulates to the Public

Guardian as permanent

Conservator of the Estate. Ms.

Kruthers will file an Ex Parte request

to allow the Public Guardian to take

control of the Trust. No appearance

is necessary at the status hearings if

the required documents are filed at

least two court days prior.


07/14/2015.

1. Need Video viewing receipt for

each conservator pursuant to

Local Rule 7.15.8(A).

2. Need new order as to the

Person Only.

Cont. from 110315,

120815, 020216,

072616, 111516

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x

✔ CI Report

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✔ Order



UCCJEA Updates:

✔ Citation Recommendation:

FTB Notice File 9C – Ruiz

9C


10 Dylan Matney (GUARD/P) Case No. 15CEPR00633 Petitioner: Jamie Matney (Pro per – Mother)

Petition for Visitation

JAMIE MATNEY, mother, is petitioner

CAROL STEINHAUER, guardian (non-

relative) was appointed guardian of the

person on 4/27/2016.

Please see petition for details.



2. Need proof of service of

Notice of Hearing at least

15 days prior to the hearing

on:

a. Carol Steinhauer

(guardian)

Cont. from

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Order

Aff. Posting Reviewed by: SEF


UCCJEA Updates:


FTB Notice File 10 – Matney

10


11 Yvonne Remick Revocable Trust Dated 9-22-11 Case No. 15CEPR00818 Attorney Hurlbutt, James P. (for Petitioners Noel C. Remick, Polly A. Rotan, and Mary J. Brownlee)

Attorney Perkins, Jan T. (for Kevin A. Remick, Successor Trustee)

Status RE: Settlement Agreement

Yvonne Remick

DOD: 4/15/15

NOEL C. REMICK, POLLY A. ROTAN, and MARY J.

BROWNLEE, Beneficiaries, filed Petition to

Determine Validity of Purported Trust and to

Impose Constructive Trust on 8/21/16.

KEVIN A. REMICK, Successor Trustee, filed a

Response on 10/23/15.

On 11/2/15, the matter was set for trial.

Notice of Settlement was filed 9/1/16; therefore,

the trial was vacated on 9/6/16 and the Court

set this status hearing re settlement agreement.

Verified Status Report of Respondent Kevin A.

Remick filed 12/30/16 states Petitioners and

Respondent previously came to an agreement

to settle this case. On 8/31/16, Petitioners filed a

Notice of Settlement of Entire Case. On

11/23/16, both Petitioners and Respondent and

their respective attorneys signed a Settlement

Agreement and Mutual Release. The agreement

is conditional upon payments made to

Petitioners through the escrow on the sale of the

property at issue in this case. Petitioners will

maintain their Lis Pendens until such time as the

funds are distributed through close of escrow.

On or about 12/13/16, Respondent made

arrangements to open an escrow for the sale of

the Family Ranch. As of this status report, the

parties have not deposited a purchase

agreement or escrow instructions. If the escrow

does not close within 90 days, Respondents

have an additional 120 days to pay Petitioners

the amounts reflected in the agreement, but in

no event more than 240 days after the effective

date of the agreement.

Respondent anticipates it will take 90 days to

close escrow and respectfully requests that the

Court continue this status hearing for approx.

120 days.

NEEDS/PROBLEMS/

COMMENTS:

Minute Order 10/4/16:

Counsel represent that

parties are still working

together to put the finishing

touches on an agreement. A

continues of at least 90 days

is requested due to time

needed for a 60-day escrow

on the property. Continued

to 1/10/17.

1. If the parties wish to

request Court approval of

the settlement

agreement, need

petition. Otherwise, need

Request for Dismissal

(CIV-110) signed by

counsel for both parties.

Cont. from 100416

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UCCJEA Updates: 1/3/17


FTB Notice File 11- Remick

11


12 Phillip Robert Colmenero (Estate) Case No. 16CEPR00107 Executor Colmenero, Stephanie A. (Pro Per)

Probate Status Hearing RE: Filing of the Inventory and Appraisal

DOD: 7/11/2014 STEPHANIE A. COLMENERO, daughter,

was appointed Executor with limited

IAEA authority without bond, on

06/02/2016.

Letters issued 06/02/2016

Minute Order of 06/02/2016 set this

status hearing for the filing of the

Inventory and Appraisal.


Minute Order of 11/08/2016: Ms.

Colmenero represents that the estate

assets are a home that her mother

and brother are residing in with her

mother paying the mortgage, a car

that her mother is paying the

insurance and registration on, and

the personal items that are in the

home. The Court admonishes Ms.

Colmenero that she will be removed

at the January hearing if the

Inventory and Appraisal is not

completed and filed. She is also

admonished with regard to making

no distributions or payments without

a court order.

1. Need Inventory and Appraisal 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 110816

Aff.Sub.Wit.

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9202

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UCCJEA Updates:


FTB Notice File 12- Colmenero

12


13 Richard James Kaia (Estate) Case No. 16CEPR00624 Attorney: Larry R. Cox – Bakersfield, CA (for Michael Kaia - Administrator)


DOD: 3/10/2016 MICHAEL A. KAIA, brother, was

appointed administrator with full IAEA

without bond on 8/11/2016.

Letters issued 8/15/2016.

Minute order dated 8/11/2016 set this

status hearing for filing of the inventory

and appraisal.


1. Need inventory and appraisal or


pursuant to Local Rule 7.5, which



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

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Inventory x

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Status Rpt x Reviewed on: 12/21/2016

UCCJEA Updates:


FTB Notice File 13 – Kaia

13


14 Richard Baiza Velasquez (Estate) Case No. 16CEPR00640

Attorney Bianco, John P (of Visalia for Eric Velasquez – Executor) Probate Status Hearing RE: Filing of the Inventory and Appraisal

DOD: 08/09/2016 ERIC VELASQUEZ, son, was appointed

Executor with full IAEA without bond, on

08/09/2016.

Letters issued on 08/12/2016

Inventory and Appraisal filed

09/23/2016 shows an estate valued at

$200,000.00.

Minute Order of 08/09/2016 set this

Status Hearing for the filing of the

Inventory and Appraisal.


1. Inventory and Appraisal filed

09/23/2016 does not indicate in

the caption whether this is the

final Inventory and Appraisal.

2. Inventory and Appraisal filed

09/23/2016 is incomplete at #5

regarding Property Tax

Certificate.

3. Need Final Inventory and

Appraisal 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

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



UCCJEA Updates:


FTB Notice File 14 – Velasquez

14


15A Benjamin H. Smith (Estate) Case No. 16CEPR00673 Attorney Janisse, Ryan Michael (for Petitioner Rodney G. Smith)

Attorney Amador, Catherine A. (for Petitioner Michael Smith, Sr.)

Attorney Krbechek, Randolf (for Objector Michael Smith, Jr., aka Butch Smith)

Petition for Letters of Administration; Authorization to Administer Under the IAEA

DOD: 6/28/14 SPECIAL ADMINISTRATION EXPIRES 1/10/17

RODNEY G. SMITH and MICHAEL H. SMITH, SR.,

Sons, are Petitioners and request that

MARION AUSTON, a licensed professional

fiduciary, be appointed as Administrator with

Full IAEA without bond.

Petitioners state they have priority of

appointment as the sons of the decedent

and nominate Marion Austin to serve.

Petitioners state they are the sole heirs and

waive bond.

Full IAEA – ok

Petitioners state Decedent died intestate.

Residence: Fresno

Publication: Fresno Business Journal

Estimated value of estate:

Personal property: $ 5,000.00

Annual income: $ 30,000.00

Real property: $450,000.00

Total: $485,000.00

Probate Referee: Rick Smith

On 8/1/16, Michael H. Smith, Jr., aka Butch

Smith, filed Objections to:

1) Petition for Letters of Administration;

2) Appointment of Rodney G. Smith as

Special Administrator; and

3) Appointment of Marion Austin as

Administrator.



Minute Order 9/13/16: Special Administration granted; Set on 1/10/17 for Status re Administration of the Estate. (See Page D.) Note: Bond of $485,000.00 was filed and Letters of Special Administration issued to Marion Austin on 9/21/16.

Note: Michael H. Smith, Jr.,

aka Butch Smith filed a

competing petition for Probate

of Will and for Letters

Testamentary. (See Page B.)

Note: Rodney Smith (alone)

filed Contest and Grounds of

Objection to Probate of

Purported Will. (See Page C.)

Note re Objection: Objector

consolidated his objections to

both the Petition for Letters of

Administration and the

separate Petition for Letters of

Special Administration into

one document, and in doing

so, paid only one filing fee.

The Court may require the

Objections to be amended to

be separately filed and

payment of a separate filing

fee for each.


Cont. from 081016,

082516, 091316

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



UCCJEA Updates:


FTB Notice File 15A- Smith

15A


15A Benjamin H. Smith (Estate) Case No. 16CEPR00673

Page 2 – Objections filed 8/1/16: Objector provides procedural status and synopsis of the two

conservatorship proceedings and states the original will dated 8/1/11 was deposited into

14CEPR00600. Mr. Jaech is the attorney who prepared the decedent’s will dated 8/1/11. For

unknown reasons, Petitioners failed to inform the Court of the existence of the will dated 8/1/11.

Instead, Petitioners informed the Court that the decedent was intestate.

Objector is the named executor in the will dated 8/1/11 and is entitled to contest the appointment of

Marion Austin as Administrator and Rodney Smith as Special Administrator.

Objector states there is no need for appointment of a special administrator. Nothing can happen in

the decedent’s estate until the Court has heard the objection filed by Butch Smith because the

Public Guardian is holding the assets! (Emphasis in original.)

Further, given the history of the two conservatorship estates, there is good reason to believe the

petitioners herein will not act in the best interest of the estate of the decedent, but will instead favor

the interests of the Estate of Dorothy Jean Smith.

In this regarding, contestant is the only person who responded to the two pending petitions filed by

the Public Guardian. Petitioners filed no objection regarding the proposed distribution from the

conservatorship estates because the petitions for distribution filed by the Public Guardian favor them

as beneficiaries of the Estate of Dorothy Jean Smith.

Critically, Petitioners failed to identify decedent’s will, or bring such will to the attention of the Court.

The Court may consider such omission as lack of candor on the part of Petitioners.

There is no reason to appoint a third party administrator. Butch Smith has proven his continuing ability

to protect the assets of the Ben Smith estate against adverse claims. Butch Smith is the named

executor of the decedent’s will. Neither of the petitioners are so named.

Objector states Rodney Smith should not be appointed Special Administrator because Objector as

named executor has a superior right to appointment, and there is no exigency that requires

appointment of a special administrator. Objector states Rodney Smith as agent of petitioners will take

actions that favor the beneficiaries of the Estate of Dorothy Jean Smith at the expense of the

beneficiaries of the Estate of Benjamin H. Smith.

Objector states Marion Austin should not be appointed Administrator because Objector as named

executor has a superior right to appointment, and as agent of Petitioners, she will take actions that

favor the beneficiaries of the Estate of Dorothy Jean Smith at the expense of the beneficiaries of the

Estate of Benjamin H. Smith.

Objector prays: 1) that Rodney G. Smith not be appointed as special administrator; 2) that Marion

Austin not be appointed Administrator with Full IAEA; 3) for costs of suit incurred herein; and 4) for

such other and further relief as the Court deems just, equitable, and proper.



15A Benjamin H. Smith (Estate) Case No. 16CEPR00673

Page 3 – NEEDS/PROBLEMS/COMMENTS:

1. Petitioners state the decedent died intestate at #3e; however, an original will dated 8/1/11 was

deposited with the Court on 7/17/14, which is requested to be admitted to probate by Objector in

his competing petition. Need clarification.

2. Petitioners are separately represented; however, this petition is not signed by Catherine A.

Amador, attorney for Michael H. Smith, Sr.

Note: Pursuant to Probate Code §8481(b), notwithstanding waiver of bond by will or beneficiaries, or

on petition of any interested person or on its own motion, the court may for good cause require bond.

The Court may require bond of $485,000.00.

If granted, the Court will set status hearings as follows: Tuesday, February 21, 2017 for filing of bond of $485,000.00, if required Tuesday, June 13, 2017 for filing Inventory and Appraisal Tuesday, March 13, 2018 for filing the first account or petition for final distribution


15B Benjamin H. Smith (Estate) Case No. 16CEPR00673 Attorney Krbechek, Randolf (for Competing Petitioner Butch Smith)

Attorney Janisse, Ryan Michael (for Original Petitioner Rodney G. Smith)

Attorney Amador, Catherine A. (for Original Petitioner Michael Smith, Sr.)

Petition for Probate of Will and Letters Testamentary with Authorization to Administer

Under the Independent Administration of Estates Act (Competing)

DOD:6/28/14 MICHAEL H. SMITH, JR. aka

BUTCH SMITH, Named Executor

without bond, is Petitioner.

Full IAEA – need publication

Will dated 8/1/11

Residence: Fresno

Publication: need publication

Estimated value of estate:

Personal property: $ 50,000.00

Annual income: $ 5,000.00

Real property: $450,000.00


Note: Petitioner’s Memorandum

of Points and Authorities filed

9/8/16 provides extensive

discussion re history and

proposes that Bruce Bickel

serve as personal

representative of the estate.

Consent filed therewith. See

document for discussion.

NEEDS/PROBLEMS/COMMENTS: Continued from 9/13/16. As of 12/21/16, nothing further has been filed. The following issues remain noted: 1. Need Confidential Supplement to Duties

and Liabilities of Personal Representative Form DE-147S.

2. Need publication pursuant to Probate Code §8120.

3. Need Notice of Petition to Administer

Estate Form DE-121. (Note: Petitioner used the general “Notice of Hearing” form DE-120; however, that form does not contain the mandatory language as set forth in Probate Code §8100.)

4. Need proof of service of Notice of

Petition to Administer Estate Form DE-121 on all interested parties. Note: The Court may require that Marion Austin, nominee of original petitioners Rodney G. Smith and Michael Smith, Sr., as personal representative of this estate, be included in the notice of this competing petition.

5. Need Order, Letters. Local Rule 7.1.1.F. If granted, the Court will set status hearings as follows: Tuesday, February 21, 2017 for filing of

bond of $485,000.00, if required Tuesday, June 13, 2017 for filing

Inventory and Appraisal Tuesday, March 13, 2018 for filing the

first account or petition for final distribution

Cont. from 091316

Aff.Sub.Wit. S/P

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub. x

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters x

Duties/Supp x

Objections

Video

Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 15B- Smith

15B


15C Benjamin H. Smith (Estate) Case No. 16CEPR00673 Attorney Janisse, Ryan Michael

Contest and Grounds of Objection to Probate of Purported Will

DOD: 6/28/14 SPECIAL ADMINISTRATION (MARION AUSTIN)

EXPIRES 1/10/17

RODNEY G. SMITH, Son, is Contestant.

History: Sons Rodney G. Smith and Michael H.

Smith, Sr., filed petitions for appointment of

Marion Austin, Professional Fiduciary, as

special administrator and as Administrator of

the Estate of Benjamin H. Smith (intestate).

Michael H. Smith, Jr. (Butch) filed a

competing petition for appointment as

executor and to admit the decedent’s will

dated 8/1/11 to probate.

On 9/13/16, the Court appointed Marion

Austin as Special Administrator with general

powers and continued all matters to 1/10/17.

(Bond of $485,000 was filed and Letters of

Special Administration issued 9/21/16.

On 10/6/16, Rodney G. Smith filed this Contest

and Grounds of Objection to Probate of

Purported Will.

Contestant states on 8/12/16, Respondent

Butch Smith filed a petition requesting that a

will dated 8/1/11 be admitted to probate

and that Letters Testamentary be issued to

him as executor. Respondent’s petition was

brought as a competing petition to the

petition filed by Contestant and his brother

Michael Smith, Sr., seeking appointment of

Marion Austin as Administrator for probate of

the intestate estate. Contestant lacks

sufficient information as to whether any will

prior to the purported will dated 8/1/11

remains in existence and on that basis

brought petition alleging the decedent died

intestate.



Note: The competing petitions

for probate were continued to

1/10/17.

1. Summons was issued

12/9/16. Need proof of

service thereof pursuant to

Probate Code §8250

(30 days’ notice).

2. Need order. Local Rule

7.1.1.F.

Cont. from 111616

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv. X

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 15C- Smith

15C


15C Benjamin H. Smith (Estate) Case No. 16CEPR00673

Page 2 – Contestant states he is the decedent’s son and heir at law and on information and belief

was a beneficiary under a prior will.

Probate of the purported will should be denied on the following grounds:

a) At the time of alleged execution, the decedent was not of sound and disposing mind.

b) The purported will is not and never was the decedent’s will and was made at the time of its

alleged execution as a result of the undue influence of Butch in that:

i) Respondent, the decedent’s grandson, had removed him from a care facility to live with him.

The decedent was dependent on Respondent for food, clothing, shelter, transportation, and all

other necessities. The decedent put his trust and confidence in Respondent.

ii) By reason of relationship between Respondent and Decedent, Respondent was able to exert

control and influence over Decedent to such point Decedent was no longer capable of

exercising his own convictions or desire re his actions or thoughts, but rather, because of the

pressure brought on him by Respondent, both through arguments and affection, Decedent’s

convictions and desires become the convictions and desires of Respondent.

iii) Respondent suggested the contents of the document submitted for probate and assisted in

having the document procured and executed, even if indirectly. At the time the document was

executed, Decedent was under the influence of Respondent and the document does not

represent a free and voluntary act.

iv) Decedent met with a different attorney prior to executing the purported will and expressed a

different dispositive plan which left his estate equally to his two sons. The departure from the prior

plan was only achieved after Respondent had isolated and unduly influenced Decedent.

Contestant requests that the purported will be denied; costs of suit; and all other relief the Court

deems just and proper.


15D Benjamin H. Smith (Estate) Case No. 16CEPR00673 Attorney Janisse, Ryan Michael (for Petitioner Rodney G. Smith)

Attorney Amador, Catherine A. (for Petitioner Michael Smith, Sr.)

Attorney Krbechek, Randolf (for Competing Petitioner Michael Smith, Jr., aka Butch Smith)

Probate Status Hearing RE: Status of the Estate



Sons, petitioned for appointment of


fiduciary, to be appointed as Administrator

(intestate) with Full IAEA without bond.

They also requested her appointment as

Special Administrator, which was granted on

9/13/16.

MICHAEL SMITH, JR., aka BUTCH SMITH filed a

Petition for Probate of Will and requested

that the decedent’s will dated 8/1/11 be

admitted to probate and that he be

appointed as executor without bond. (Note:

Memorandum of Points and Authorities filed

9/8/16 alternatively proposes appointment of

BRUCE BICKEL as personal representative.

Various issues remain noted; see Pages A, B,

and C.

On 9/13/16, Ms. Austin was appointed as

Special Administrator, and the Court set this

status hearing re administration of the estate.


1. Need 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



UCCJEA Updates:


FTB Notice File 15D – Smith

15D


16A Dorothy Jean Smith (Estate) Case No. 16CEPR00675 Attorney Janisse, Ryan Michael (for Petitioner Rodney G. Smith) Attorney Amador, Catherine A. (for Petitioner Michael H. Smith, Sr.)

Petition for Probate of Will and for Letters of Administration with Will Annexed; Authorization to Administer Under the IAEA

DOD: 10/18/12 SPECIAL ADMINISTRATION EXPIRES 1/10/17 RODNEY G. SMITH and MICHAEL H. SMITH, SR., Sons, are Petitioners and request that MARION AUSTON, a licensed professional fiduciary, be appointed as Administrator with Will Annexed with Full IAEA without bond. Petitioner Michael H. Smith, Sr., is the named executor pursuant to the decedent’s will. Petitioners state they have priority of appointment as the sons of the decedent and nominate Marion Austin to serve. Petitioners state they are the sole heirs and waive bond. Full IAEA – ok Will dated 10/24/11 Residence: Kerman Publication: Fresno Business Journal Estimated value of estate: Personal property: $ 5,000.00 Annual income: $ 30,000.00 Real property: $450,000.00 Total: $485,000.00 Probate Referee: Rick Smith Petitioners state the decedent and her husband, BENJAMIN H. SMITH were both conserved at the time of their deaths (Consolidated Case No. 11CEPR00782). Petitioners are contesting Ben’s will and trust. Since the conservatorship estates each own undivided 50% interests in Decedent’s and Ben’s assets, Petitioners seek to have Professional fiduciary Marion Austin appointed so the properties can be managed pending resolution of the contest of Ben’s estate plan. The estate properties consist of rental properties that are producing income.

NEEDS/PROBLEMS/ COMMENTS: Minute Order 9/13/16: Special Administration granted; Set on 1/10/17 for Status re Administration of the Estate. (See Page B.) Note: Bond of $485,000.00 was filed and Letters of Special Administration issued to Marion Austin on 9/21/16. The following issues do not appear to have been addressed and remain noted: 1. Petitioners are separately

represented; however, this petition is not signed by Catherine A. Amador, attorney for Michael H. Smith, Sr.

2. Need original will pursuant to Probate Code §8200.

SEE PAGE 2

Cont. from 081016, 082516, 091316

Aff.Sub.Wit. S/P

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PTC

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Aff.Mail w

Aff.Pub.

Sp.Ntc.

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Letters

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Objections

Video Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 16A- Smith

16A


16A Dorothy Jean Smith (Estate) Case No. 16CEPR00675 Page 2 – NEED/PROBLEMS/COMMENTS (Cont’d): 3. Need waiver of bond from Michael Smith, Sr., as the Trustee of the Dorothy Jean Smith Living Trust,

which is the sole heir per the decedent’s will. Note: Pursuant to Probate Code §8481(b), notwithstanding waiver of bond by will or beneficiaries, or on petition of any interested person or on its own motion, the court may for good cause require bond. The Court may require bond of $485,000.00.

4. It appears the decedent resided within the city limits of the City of Kerman at her death; therefore,

pursuant to Local Rule 7.9, publication should have been in the Kerman News rather than the Fresno Business Journal. The Court may require republication.

If granted, the Court will set status hearings as follows: Tuesday, February 21, 2017 for filing of bond of $485,000.00, if required Tuesday, June 13, 2017 for filing Inventory and Appraisal Tuesday, March 13, 2018 for filing the first account or petition for final distribution


16B Dorothy Jean Smith (Estate) Case No. 16CEPR00675 Attorney Janisse, Ryan Michael (for Petitioner Rodney G. Smith)

Attorney Amador, Catherine A. (for Petitioner Michael H. Smith, Sr.)

Probate Status Hearing RE: Status of the Estate



Sons, petitioned for appointment of


fiduciary, to be appointed as Administrator

with Will Annexed with Full IAEA without

bond.

They also requested her appointment as

Special Administrator, which was granted on

9/13/16.

Various issues remain noted; see Page A.

On 8/10/16, the petitions were continued to

meet up with related matters and the Court

noted for the record that there appears to

be no objection by any party and the Court

would consider ruling on 8/25/16.

On 8/25/16, the matters were again to meet

up with related matters, and on 9/13/16,

Ms. Austin was appointed as Special

Administrator, and the Court set this status

hearing re administration of the estate.


1. Need 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



UCCJEA Updates:


FTB Notice File 16B – Smith

16B


17 Wanda Joyce Owens (CONS/PE) Case No. 16CEPR00681 Conservator: Mark Owens (Pro per – Nephew)

Attorney: Deborah Boyett (court-appointed for Conservator)


MARK OWENS, nephew, was appointed

conservator of the person and estate

with bond set at $32,732.00 on 9/8/2016.




and appraisal.


2. Need inventory and appraisal or


pursuant to Local Rule 7.5, which



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

Aff.Sub.Wit.

Verified

Inventory x

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc. x

Pers.Serv.

Conf.

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Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 17 – Owens

17


18 Judy Katherine Wilson (Estate) Case No. 16CEPR00683 Attorney: Gregory J. Roberts (for Janette Zeman – Administrator)


DOD: 4/29/2016 JANETTE ZEMAN, daughter, was

appointed administrator with full IAEA

without bond on 8/9/2016.




and appraisal.

A final I&A was filed 1/3/2017 showing

the estate valued at $274,250.00.


OFF CALENDAR Final I&A filed 1/3/2017.

Cont. from

Aff.Sub.Wit.

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✔ Inventory

✔ PTC

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Hrg

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Video

Receipt

CI Report

9202

Order





FTB Notice File 18 – Wilson

18


19 Lurisa Flores, Xavier Flores, Nathaniel Flores, Danielle Gonzales,

Anthony Ramirez (GUARD/P) Case No. 16CEPR00831

Petitioner: Rita Avila Maldonado (pro per)

Petition for Appointment of Guardian of the Person of Nathaniel, Danielle & Anthony Only

Temporary (as to Danielle only) Expires

1/10/17.

RITA AVILA MALDONADO, paternal great

grandmother (to Danielle and Anthony)

and step great grandmother (to Nathanel),

is petitioner


Petition is as to Nathaniel,

Danielle and Anthony only. Vanessa Soza was appointed

guardian of Lurisa and Xavier on

10/11/2016.

1. Need proof of personal

service of the Notice of

Hearing along with a copy of

the petition or consent and

waiver of notice or

declaration of due diligence

on:

a. George Flores

(Nathaniel’s father)

b. Rachel Gonzales (mother)

2. Need proof of service of the

Notice of Hearing along with

a copy of the petition or

consent and waiver of notice

or declaration of due

diligence on:

a. Bonifacio Ramirez

(Danielle & Anthony’s

paternal grandfather)

b. Patricia Maldonado

(Danielle & Anthony’s

paternal grandmother)

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



✔ UCCJEA Updates:


FTB Notice File 19 – Flores, Gonzales,

Ramirez

19


20 Robin Michele Partridge (CONS/PE) Case No. 16CEPR00850 Attorney: Gregory J. Roberts (for Kathleen Sowell – Conservator)

Probate Status Hearing RE: Proof of Bond

KATHLEEN SOWELL, sister, was appointed

conservator of the person and estate

with medical consent powers and bond

of $51,000.00 on 11/3/2016.


matter for status re: proof of filing the

bond.

Status report filed 12/5/2016 by Attorney

Roberts states in order to complete the

bond application, petitioner needed

information from CVRC re: the amounts

they expend monthly on conservatee’s

care so petitioner could estimate the

amount she will spend from the

conservatorship funds for such care. This

information was just recently received.

Petitioner has completed the signed

bond application, which was

forwarded to the insurance company.

Counsel was then informed the

bonding company required the

signature of petitioner’s spouse on the

bond application. The bond will likely

be issued within the next week or so

after which counsel will forward it to the

petitioner in Germany where she is

currently located for her signature. The

bond should be on file with the Court

and Letters issued by the time the Court

resumes hearings after the Christmas

holidays. Counsel requests the Court

continue the status hearing until after

the Christmas holidays.


Continued from 12/6/2016. Counsel

represents bond was just received

and sent to Germany for his client’s

signature. Matter was continued at

request of counsel.

As of 12/21/2016 no new documents

have been filed and the following

issues remain:

3. Need bond.

Cont. from 120616

Aff.Sub.Wit.

Verified

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PTC

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Hrg

Aff.Mail

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Video

Receipt

CI Report

9202

Order


✔ Status Rpt Reviewed on: 12/21/2016

UCCJEA Updates:


FTB Notice File 20- Partridge

20


21 Noel Gonzalez-Hernandez, Angel Hernandez (GUARD/P) Case No. 16CEPR00941

Petitioner Duarte, Rosemary (Pro Per – Maternal Grandmother – Petitioner)

Petition for Appointment of Guardian of the Person

See petition for details. NEEDS/PROBLEMS/ COMMENTS: Minute Order 11/8/16: Examiner notes provided in open court. As of 12/21/16, nothing further has been filed. The following issues remain: 1. Need Notice of Hearing.

2. Need proof of service of

Notice of Hearing with a copy of the petition at least 15 days prior to the hearing per Probate Code §1511 or consent and waiver of notice or declaration of due diligence on: - Augustin Gonzalez, Maternal Grandfather - Noela Gonzalez, Sibling

3. The Court may require

further diligence re father and paternal grandparents per Minute Order 9/21/16.

Cont. from 110816

Aff.Sub.Wit.

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PTC

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Notice of Hrg

x

Aff.Mail x

Aff.Pub.

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Pers.Serv. x

Conf. Screen

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Objections

Video Receipt

CI Report

Clearances

Order



UCCJEA Updates:


FTB Notice File 21- Gonzalez-Hernandez/ Hernandez

21


22 Myrna Finfrock (Det. Succ) Case No. 16CEPR00955 Attorney Beaver, Lawrence C. (of Modesto for Llaunda Willingham – Petitioner – Daughter) Petition to Determine Succession to Real Property

DOD: 12/21/2014 LLAUNDA WILLINGHAM, daughter, is

petitioner.

40 days since DOD

No other proceedings

I&A - $65,000.00

Will dated: See Examiner Notes

Petitioner requests Court

determination that decedent’s 100%

interest in real property located at

2216 E. Floradora, Fresno, Ca. pass to

Llaunda Willingham.


Minute Order of 11/03/2016:

continued per the request of

counsel.

The following issues remain:

1. Petition indicates that the

Decedent died leaving a Will.

Need original will to be deposited

with the Court pursuant to

Probate Code §8200(a)(1).

2. Pursuant to Probate Code §13152(c)

a copy of the will must be attached

to the petition.

Cont. from 110316

Aff.Sub.Wit.

✔ Verified

✔ Inventory

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9202

✔ Order



UCCJEA Updates:


FTB Notice File 22 – Finfrock

22


23 The Carl Vernon and Laverne V. Pielop Family Trust Case No. 16CEPR00969 Attorney Armas, J. Todd (for Petitioner Vanessa Poeschel)

Petition to Compel Trustee to Comply with Probate Code Sections 16060 and 16061.7, to

Account, for Relief from Breach of Trust, for Suspension of Trustee and for Removal of

Trustee (Probate Code Sec. 164200, 17200(b)(10)

Carl Vernon Pielop

DOD: 1/6/06

VANESSA POESCHEL, Daughter and

Beneficiary, is Petitioner.

Petitioner states she is a beneficiary of the

Carl Vernon and Laverne V. Pielop Family

Trust (Pielop Trust) executed by Carl and

Laverne Pielop on 4/1/91 in Fresno, CA.

Carl Pielop died 1/6/06. Laverne Pielop

died 9/23/15. Since 9/23/15, KAREN

PETERSON, a resident of Potomac

Maryland, has been and currently is the

Trustee of the Pielop Trust.

The trustee has never provided Petitioner

with notice required under Probate Code

§16061.7 or an account of the trust.

Throughout 2015, Petitioner asked the

trustee for status and a breakdown of

transactions made by her as trustee. The

only reply was an email dated 11/9/15,

which provided no information (Exhibit A).

On 6/8/16, Petitioner emailed the trustee

some information on trusts that she had

acquired when she herself had been a

trustee (Exhibit B).

On 7/14/16, Petitioner hired Attorney

Armas to reach out to the trustee (Exhibit

C). Correspondence was received from

the trustee that she retained an attorney,

but no other information was provided.

Nearly 1 year has passed since the

surviving settlor’s death.

Probate Code §16062 provides for annual

accounting to beneficiaries, and §16000

puts a duty on the trustee to administer the

trust according to the trust instrument,

which requires annual accountings.



Minute Order 12/6/16: Counsel represents that the trustee has retained counsel; he requests 30 days for discussions.

The following issues remain noted:

1. Need clarification as to Fresno, CA, as proper venue for this petition pursuant to Probate Code §17005(a)(1). The trustee resides in Potomac, MD and appears to have been administering the trust there since 9/23/15.

2. Petitioner does not provide a copy of the trust for review. Need copy of trust for Court review.


4. Need proof of service of Notice of Hearing at least 30 days prior to the hearing on interested parties pursuant to Probate Code §17203: - Karen Peterson (Trustee) and her attorney, if any - Cris Schneider Estate c/o Brett Dixon (unclear whether Brett Dixon is the personal representative or an heir or whether additional heirs may be entitled to notice)

Note: Petitioner filed a Proof of Service on Karen Peterson showing service of the petition only on 11/9/16, which is not quite 30 days, and it does not include the mandatory Judicial Council Notice of Hearing, which contains mandatory notice language.


Laverne V. Pielop

DOD: 9/23/15

Cont. from 110116,

120616

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



UCCJEA Updates:


FTB Notice File 23 - Vernon/ Pielop

23


23 The Carl Vernon and Laverne V. Pielop Family Trust Case No. 16CEPR00969

Page 2

Petitioner alleges that the trustee has transferred the settlor’s vehicle to her son in violation of her duty

not to use trust property for the trustee’s own profit or for any other purpose unconnected with the

trust. See §16004(a). Petitioner alleges that the trustee is in breach of her duties as trustee as she has:

a) Failed to provide Petitioner with information related to her interest in the trust as requested by

Petitioner as required under Probate Code §16061;

b) Failed to provide the beneficiaries with an annual account as required under §16062;

c) Used trust funds for her own profit and for purposes unconnected with the trust.

Petitioner alleges that there has been a loss in value of the trust estate as a proximate result of the

trustee’s numerous breaches.

Petitioner states the beneficiaries are Petitioner, the Estate of Cris Schneider, c/o Brett Dixon of Lake

Forest, CA, and Karen Peterson, named as Karen Braun in the trust, of Potomac, MD.

Petitioner requests that:

1. Trustee be compelled to prepare and file with this court an account of the Pielop Trust from

9/23/15 to present;

2. Trustee be compelled to redress her breaches of trust by payment of money damages

according to proof;

3. Trustee be removed as trustee of the Pielop Trust;

4. Trustee be suspended as trustee of the Pielop Trust and the court appoint a temporary trustee

to take possession of the trust property and administer the trust;

5. The Court order such attorney fees and costs as it may be allowed by law;

6. The Court order such other and further relief as it may seem (sic) proper.

NEEDS/PROBLEMS/COMMENTS (Cont’d):

5. Petitioner requests suspension and removal of the trustee and appointment of a temporary trustee,

but does not specify or nominate anyone as temporary or successor trustee. Need clarification.

6. If a temporary or successor trustee is appointed who is not named in the trust instrument, bond is

required pursuant to Probate Code §15602 unless waived by all adult beneficiaries. Need

estimated value of trust for bond purposes.

Note: The proposed order contains numerous blanks for the Court to fill in. The Court may require a

revised completed order after the hearing from the attorney.


24 Krystene Alvarado (CONS/P) Case No. 16CEPR01063 Petitioner: Adrianne Galvan (Pro per – Mother)

Amended Petition for Appointment of Probate Conservator of the Person

NO TEMPORARY - NOT REQUESTED

ADRIANNE GALVAN, mother, is petitioner

and requests appointment as conservator

of the person.

Please see petition for details.


Court Investigator Advised Rights

on 11/1/2016

1. Need Citation.

2. Need proof of personal service

of Citation with a copy of the

petition at least 15 days prior to

the hearing on proposed

conservatee.

3. Proof of service of Notice of

Hearing mailed to Central

Valley Regional Center

indicates service was with only

25 days notice versus 30 days

required by Probate Code

1822(e).

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

✔ Video

Receipt

✔ CI Report

9202

✔ Order




Citation x Recommendation:

✔ CVRC File 24 – Alvarado

24


25 Arthur Tetsu Kuwamoto (Estate) Case No. 16CEPR01094 Attorney: Gary G. Bagdasarian (for William A. Halstead – Administrator)

Probate Status Hearing RE: Proof of Bond

DOD: 8/23/2016 WILLIAM A. HALSTEAD, brother-in-law,

was appointed administrator with

limited IAEA with $100,000 bond on

12/13/2016.

Minute order dated 12/13/2016 set

status hearing for proof of filing of the

bond.

Bond for $100,000.00 f8iled 1/3/2017.


OFF CALENDAR Bond filed 1/3/2017.

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





FTB Notice File 25 – Kuwamoto

25


26 Karley Gonzales, Kayson Gonzales (GUARD/P) Case No. 16CEPR01117

Petitioner Gonzales, Conrad, JR (Pro Per – Paternal Grandfather)

Petitioner Gonzales, Sylvia Jean (Pro Per – Paternal Grandmother) Petition for Appointment of Guardian of the Person

Karley Age: 12 TEMPORARY EXPIRES 01/10/2017

CONRAD and SYLVIA GONZALES, Paternal

Grandparents, are Petitioners.



Minute Order of 11/09/2016: The Court

orders supervised visitation only as to

either parent, as determined by the

guardians.

Kayson Age: 9

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



✔ UCCJEA Updates:


FTB Notice File 26 – Gonzales

26


27 Violet L. Witte (Estate) Case No. 16CEPR01215

Attorney: Hugh W. Willoughby (for Jeffrey F. Witte – Petitioner)

Petition for Probate of Will and for Letters Testamentary with IAEA

DOD: 10/21/2016 JEFFREY F. WITTE, son/named executor,

without bond, is petitioner.

Full IAEA – o.k.

Will dated 1/25/2002

Residence: Fresno

Publication: Fresno Business Journal

Estimated value of Estate:

Personal property $ 100,000.00

Annual gross income: $ 1,000.00

Real property: $ 250,000.00

Total: $ 351,000.00



Note: If the petition is granted,

status hearings will be set as

follows:

Tuesday, June 13, 2017 at

9:00 a.m. in Department 303,

for the filing of the inventory

and appraisal.

Tuesday, March 13, 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

Aff.Sub.Wit. s/p

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Petn Admn

✔ Aff.Mail w/o

✔ Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 27 – Witte

27


28 John David Burnett (CONS/PE) Case No. 16CEPR01316 Attorney: Heather H. Kruthers (for Petitioner Public Guardian)

Petition for Appointment of Temporary Conservator of the Person and Estate

TEMPORARY EXPIRES 1/10/17

General Hearing 1/31/17

PUBLIC GUARDIAN is petitioner.



12/28/16.


of the Notice of Hearing along

with a copy of the temporary

petition on:

a. John David Burnett

(conservatee)

2. Proof of service on daughter,

Betty Jean Burnett-Davis does

not indicate that the Notice of

Hearing was served with a copy

of the petition as required by

Probate Code §2250(e)(3).

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail W/O

Aff.Pub.

Sp.Ntc.

Pers.Serv. X

Conf.

Screen

✔ Letters

Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order





FTB Notice File 28- Burnett

28


29 The Gary F. Morris, Jr. 2013 Trust Case No. 15CEPR00510 Attorney Stefanie J. Krause (for Petitioner Gary Morris, Jr., Beneficiary)

Attorney Jennifer Walters (for Walter A. Morris, former Successor Trustee)

Petition for Withdrawal of Funds from Blocked Account

GARY F. MORRIS, JR., Trust Beneficiary, is

Petitioner.

~Please see Petition for details~


1. Per Order on Ex Parte Petition

for Withdrawal of Funds from

Blocked Account filed

12/22/2016, need proof of 15

days’ service of Notice of

Hearing with a copy of the

petition and supporting

documents to all interested

parties.

2. Court may require justification

and/or legal authority for

ordering payment from the

GARY F. MORRIS, JR., 2013

TRUST, Case 15CEPR00510, for

reimbursement of costs and

expenses authorized by the

GARY F. MORRIS, SR., 2013

TRUST, Case 13CEPR01104. It

appears the fees requested in

the instant petition should be

requested in a petition filed in

the GARY F. MORRIS, SR., 2013

TRUST, Case 13CEPR01104.

3. A filing fee of $435.00 for the

Petition to Compel Accounting

filed in the GARY F. MORRIS, SR.,

2013 TRUST, Case 13CEPR01104,

is currently due from Petitioner,

who filed the Petition using a

fee waiver, which is pending.

The $435.00 filing fee appears

payable from the GARY F.

MORRIS, SR., 2013 TRUST, Case

13CEPR01104, prior to payment

of the costs and expenses

requested in the instant

petition.

Cont. from

Aff.Sub.W.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

X

Aff.Mail X

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/S

Object

Video

Receipt

CI Report

9202

✔ Order

Aff. Post Reviewed by: LEG


UCCJEA Updates:


FTB Notice File 29- Morris

29


30 London Whittenberg, Jahari Brown (GUARD/P) Case No. 16CEPR01296 Petitioner Whittenberg, Lance Kelly (Pro Per – Paternal Uncle)

Petitioner Brooks, Sheila (Pro Per – Paternal Grandmother) Petition for Appointment of Temporary Guardian of the Person

Jahari Age: 10 GENERAL HEARING 03/06/2017

LANCE KELLY WHITTENBERG, paternal

uncle, and SHEILA BROOKS, paternal

grandmother, are petitioners.



Minute Order of 01/03/2017:

Examiner notes given.

The following issues remain:



five (5) days prior to the hearing

of the Notice of Hearing along

with a copy of the Petition for

Appointment of Temporary

Guardian or consent and waiver

of notice or declaration of due

diligence for:

Father of Jahari (Not

Listed)

Lane Kelly Whittenberg

(Father of London)

Shanda Graves (Mother)

3. Child Information Attachment

GC-120 for Jahari Brown lists

maternal grandmother as Ruby

Mitchell; however Child

Information Attachment for

London Whittenberg lists maternal

grandmother as Jaimie Jones.

Need clarification as to maternal

grandmother.

London Age: 8

Cont. from 010317

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



✔ UCCJEA Updates:


FTB Notice File 30 – Whittenberg & Brown

30

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