Wednesday, March 8, 2017 - Fresno County Superior Court · Pers.Serv. Conf. Screen ... Mr. Tugas...

Dept. 303, 9:00 a.m. Wednesday, March 8, 2017

Wednesday, March 8, 2017

There following matters are approved.

9 16CEPR00640 Richard Baiza Velasquez (Estate)

10 16CEPR00755 Irene A. Adams (Estate)

17A 16CEPR01207 Shirley Ann Petch (Estate)

21 17CEPR00093 Nancy Lee Kilgore (Estate)

22 17CEPR00095 Kimberly A. Lomen (Estate)

The following matter is continued:

19A&B 17CEPR00082 Simon Castro (Det. Succ)

The following Probate matter is off calendar:

11 16CEPR00799 Anthony Jacob Ibanez (Cons/P)

Appearance is recommended for all remaining Probate matters set for hearing.

Thank you.

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=images&cd=&cad=rja&uact=8&ved=0ahUKEwjjkOmStZ7NAhUOQVIKHTxlAXkQjRwIBw&url=http://all-free-download.com/free-vector/download/question_mark_clip_art_9044.html&psig=AFQjCNGn0Eqa8kI2H-M2WF_r-kv4fW2UQg&ust=1465680866525209


1 Frankie Eddie Vogel (GUARD/P) Case No. 03CEPR00402 Petitioner: Teresa Sanchez (Pro per – Guardian)

Petition for Termination of Guardianship

TERESA SANCHEZ, non-relative/guardian, is

petitioner.

Court Investigator report filed 1/13/2017.

Please see petition for details.

NEEDS/PROBLEMS/COMMENTS:

Continued from 1/25/2017.

The following issues remain:

1. The Notice of Hearing filed

12/12/2016 was defective

(contained the wrong

hearing date). Need

Notice of Hearing for the

3/8/17 hearing and proof

of service of the notice at

hearing at least 15 days

before the hearing or

consents and waivers of

notice for:

a. Frank Vogel Sr. (father)

b. Renee Stover (paternal

grandmother)

c. Clarence Vogel

(brother) – if 12 years or

older

d. Frankie Vogel (ward)

Cont. from 012517

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order

Aff. Posting Reviewed by: SEF

Status Rpt Reviewed on: 3/2/2017

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1- Vogel

1


2A Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Conservator Dale, Jeffrey (Pro Per – Spouse – Conservator of the Estate only)

Conservator of the Estate's Motion to Exonerate Bond of Assetless Conservatorship and

Motion to Waive Bond and Order

JEFFREY DALE, Conservator of the

Estate, is Petitioner.

Petitioner states he was appointed

conservator of the estate in 2008 and

has satisfactorily performed his duties to

date. The accounting has been duly

filed and accepted by this court. The

last accounting showed that all assets

have been correctly and lawfully

expended on behalf of the

Conservatee. The estate is assetless,

and there appears to be no need for

future annual bonds to be imposed on

the conservator of the estate. The

Conservator of the Estate is informed

and believes that an old bond placed

upon the conservator in 2009 is still in

place.

Petitioner prays that the Court find

good cause exists and the court order

that the bond be exonerated and

waive the requirement for an annual

bond on Mr. Dale.


Continued from 1/25/17. Notice

issues have now been cured.

Cont. from 092616,

102416, 120516,

012517

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: skc


UCCJEA Updates:


FTB Notice File 2A- Dale

2A


2B Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Conservator Dale, Jeffrey (Pro Per – Spouse – Conservator of the Estate only)

Amended Fourth Account and Report of Conservator of the Estate

JEFFREY DALE, Conservator of the Estate, is Petitioner. Account period: 6/30/14 – 8/1/16 Accounting: $280,144.59 Beginning POH: $280,144.59 Ending POH: $0 Petitioner states the conservatorship is assetless since the last accepted account. During the period of the account, there were no cash assets. Petitioner has received no compensation for his services as conservator and is requesting none at this time. On 10/14/08, the conservatee was moved to Oakdale Heights (now Cottonwood Court), a residential care facility and remains there. GORDON PANZAK will continue as conservator of the person. Petitioner states a request for special notice was received after the accounting was filed and special notice has now been given. The conservatorship estate ran out of funds during 2013 and the conservatee’s debts were paid from funds borrowed by the conservator, who is the conservatee’s husband. In July 2014, the court ordered the sale of the conservatee’s principal residence. The net proceeds of the sale after taxes, fees, and encumbrances were paid, netted the conservatee $17,314.99. Said money was spent on behalf of the conservatee’s monthly lodging and maintenance. Petitioner requests that: 1. The Court find that the Notice of Hearing of

this account, report and petition was given as required by law;

2. The Court make an order approving, allowing and settling the account and report of the conservator in all respects as filed;

3. The Court grant such other relief as it considers just and proper.

NEEDS/PROBLEMS/ COMMENTS: Continued from 1/25/17. The following issues remain noted:

SEE PAGE 2

Cont. from 012517

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail w/o

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video Receipt

CI Report

2620(c) x

Order



UCCJEA Updates:


FTB Notice File 2B- Dale

2B


2B Michelle Lloydel Dale (CONS/PE) Case No. 07CEPR01207 Page 2 – NEEDS/PROBLEMS/COMMENTS: 1. Need clarification as to whether the Conservatee receives Social Security or other benefits or

income, and if so, whether it is handled by Petitioner as payee or by the care facility as share of cost, or other. (Accounting indicates zero receipts. Account statements indicate various transfers into the conservatorship account, but this appears to be explained as Petitioner covering expenses. However, it is unusual for a conservatee to have zero income whatsoever.)

2. Closing escrow statement indicates Gordon Panzak was paid $500.00 for attorney and petition fees. Need clarification as to authorization for such payment from escrow.

3. The petition does not explicitly request termination of the conservatorship estate; however, it appears the estate is depleted, and the Conservator has requested exoneration of his bond at Page A. The Court may require clarification.


3 Donald Campbell (CONS/PE) Case No. 10CEPR00319 Attorney: Heather H. Kruthers (for Petitioner Public Guardian)

Fourth and Final Account and Report of Conservator; Petition for

Allowance of Compensation to Conservator and Attorney; and Distribution

DOD: 5/8/16 PUBLIC GUARDIAN, Conservator, is

petitioner.

Account period: 8/25/15 – 5/8/16

Accounting - $225,936.43

Beginning POH - $187,944.43

Ending POH - $196,857.86

Subsequent account period: 5/-/16 -

1/6/17

Accounting - $198,338.73

Beginning POH - $196,857.86

Ending POH - $196,847.28

Conservator - $1,443.48

(7.65 Deputy hours @ $96/hr and

709.08 Staff hours @ $76/hr)

Attorney - $1,250.00

(per Local Rule)

Bond fee - $738.18

(o.k.)

Petitioner prays for an Order:

1. Approving, allowing and

settling the fourth and final

account;

2. Authorizing the conservator

and attorney fees and

commissions;

3. Payment of the bond fee;

4. Distribution of remaining

property on hand to the Public

Administrator.


1. The Conservatee is deceased.

His sole heir is his nephew, Nelson

Campbell. The petition states no

one has filed a petition for

probate, therefore, this matter

will be referred to the Public

Administrator. There is no record

in Odyssey that an estate has

been open for Donald Campbell.

The court may wish to continue

this matter until the Public

Administrator has filed for and

been appointed as the

Administrator of the Estate of

Donald Campbell prior to

ordering distribution to the Public

Administrator.

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order

Aff. Posting Reviewed by: KT


UCCJEA Updates:


FTB Notice File 3- Campbell

3


4 Herman L. McCloud (Estate) Case No. 15CEPR00724 Attorney: Jon P. Adams (for Petitioner/Executor Linda P. McCloud)

First and Final Account and Report of Administrator

DOD: 4/3/15 LINDA P. MCCLOUD, Executor, is petitioner.

Account period: 10/22/15 – 12/5/16

Accounting - $1,202,414.89

Beginning POH - $1,186,378.25

Ending POH - $1,142,193.76

Executor - $24,955.86

(statutory)

Attorney - $24,955.86

(statutory)

Reimbursement of Expenses to Crystle

Tinges - $2,733.56 (lost wages,

rental car, fuel, etc.)

Closing - $5,000.00

Will devises the income on the residue of

the estate to a Testamentary Trust for the

benefit of Victory Life Center Church for

the lifetime or Pastor Ron Shirley and then

to local Christian Schools for “kids who

normally could not afford to attend.”

The named trustee of the Testamentary

Trust declines to act, therefore, Petitioner

requests Bruce Bickel be appointed as

Trustee. If Bruce Bickel is unwilling or

unable the Matt Bickel will be appointed

as successor Trustee. Both are to serve

with bond.

Please see additional page


1. Order does not comply

with Local Rule 7.6.1A.

Balance of estate on hand

that will be distributed to

the Testamentary Trust

must be specifically listed

and not just identified as

the remainder of the

estate.

2. Based on the value of the

property to be distributed

to the Testamentary Trust, it

appears that the Trustee’s

bond should be set at

$1,083,000.00

Cont. from

Aff.Sub.Wit.

✔ Verified

✔ Inventory

✔ PTC

✔ Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail W/O

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters 10/22/15

Duties/Supp

Objections

Video

Receipt

CI Report

✔ 9202

✔ Order



UCCJEA Updates:


✔ FTB Notice File 4- McCloud

4


4 Herman L. McCloud (Estate) Case No. 15CEPR00724

Distribution, pursuant to Decedent’s Will, is to:

Jerry Lee McCloud - $100.00

Shonda Lyn Clements - $1.00

Pastor Ron Shirley for Victory Life

Center Church - All interest earned on gross trust estate, to date

$1,369.88

Bruce Bickel as Trustee of the

Herman L. McCloud Testamentary Trust - Balance of estate.


5 Teresita Recel (Estate) Case No. 15CEPR00933 Attorney Boyajian, Thomas M. (for Administrator Pedro F. Reyes) Petition for Final Settlement and Final Distribution, Waiver of Account, For Allowance of Statutory Fees for the Administrator, for the Allowance of Extraordinary Fees for the Administrator, Statutory Fees for the Attorney and for Various Reimbursements

DOD: 8/11/09 PEDRO F. REYES, Administrator with Full IAEA without bond, is Petitioner. Accounting is waived I&A: $160,000.00 POH: $171,675.47 (cash) Administrator (Statutory): $6,850.00 Attorney (Statutory): $6,850.00 Reimbursement to Matthew Tugas: $17,763.37 – Petitioner states the decedent’s real property was in need of extensive cleanup internally and externally and had also been vacant since her death. It was not habitable and the landscape was overgrown and full of debris. Petitioner hired Matthew Tugas, with experience in rehabilitation of real property, and Mr. Tugas had four individuals who assisted him in rehabilitation and salability of the house. Mr. Tugas would like to be paid $20/hr for his work, including preparing the project, supervising workers, purchase of materials, and wages and expenses relating to the project. See petition and Exhibit B for details. Administrator (Extraordinary): $19,094.66 Petitioner states the actions of him as Administrator and Mr. Tugas salvaged the real property and increased its value for sale by $35,000.00. Administrator requests extraordinary fees for sorting, classifying, hundreds of items and preparation of packing of boxes for mailing to the sole beneficiary, the decedent’s sister (Philippines). These expenses included paying for individuals to assist Administrator for 8 days totaling 6 hr/day, $576 per person, total $2,880.00. In addition, Petitioner paid outstanding property taxes of $14,205.66, $449.00 for utilities during rehabilitation of the residence, $1,000.00 for filing, publication, and other costs, and $560.00 for mailing such boxes to the beneficiary. Costs: $400.00 (CPA) Closing: $1,000.00 Distribution pursuant to intestate sucession: Asteria Raguindin: $119,717.44

NEEDS/PROBLEMS/ COMMENTS:

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: 3/3/17


FTB Notice File 5- Recel

5


6 Olivia Salas (Estate) Case No. 15CEPR01078 Attorney Kruthers, Heather H. (for Public Administrator)

Status RE: Filing of the Inventory and Appraisal

DOD: 6/6/15 The FRESNO COUNTY PUBLIC ADMINISTRATOR

was appointed Successor Administrator on

9/14/16.

At the hearing on 9/14/16, the Court set this

status hearing for the filing of the Inventory

and Appraisal.

Status Report filed 2/28/17 states the PA

investigated the matter and has determined

that the estate consisted of $182,000 real

property, less encumbrances of $113,431,

and $5,000 personal property.

Prior to the PA’s appointment, the real

property was sold at a trustee’s sale and

vesting was thereafter held in MRO

Investments, Inc., a California corporation.

Although the asset was in existence at date

of death, it no longer is, and was not at the

PA’s appointment. Therefore, the PA

proposes that the real property not be

inventoried, but rather that proceeds

(explained below) be accounted for.

The report states the decedent’s son, Joseph

Salas, reported taking all furniture, and one

of the daughters, Stephanie Camacho,

transferred the vehicle into her name shortly

after her mother passed away.

The PA was prepared to report that there

were no assets, but on 12/5/16 the Trustee

contacted the PA to report that there were

excess proceeds from the sale of approx.

$40,000.00. The PA received and returned a

claim form and has received the funds and

has sent the file to the CPA to determine if

taxes are owed.

A status hearing is set for 11/15/17 for the

filing of the final account. The PA requests

this status hearing be taken off calendar and

that she file the account or a status report

before the November hearing.


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 6- Salas

6


7 Jessie Ochoa (GUARD/P) Case No. 16CEPR00468 Petitioner: Berta Isabel Ochoa Castro (Pro per – Mother)

Petition for Visitation

BERTA ISABEL OCHOA CASTRO, mother, is

petitioner

JOSEFINA CASTRO MENDOZA and BENITO

MENDOZA, maternal grandmother and

step-grandfather were appointed co-

guardians on 9/6/2016.

See petition for details.


Continued from 1/11/2017.


1. Need Notice of Hearing.

2. Need proof of service at least

15 days before the hearing of

the Notice of Hearing on:

a. Josefina Castro Mendoza

(guardian)

b. Benito Mendoza (guardian)

c. Jesse Ochoa (father)

Cont. from 110216,

011117

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 7- Ochoa

7


8 William Roland Davidson (Estate) Case No. 16CEPR00505 Executor Davidson, William (Pro Per – Executor – Petitioner)

Petition for Final Distribution on Waiver of Accounting

DOD: 4/21/16 WILLIAM DAVIDSON, Son and Executor

with Full IAEA without bond, is Petitioner.

Accounting is waived

I&A: $199,700.72

POH: $172,118.27 cash plus stock

Executor waives statutory compensation.

Costs: $435.00 (filing)

Distribution pursuant to decedent’s will is

to:

David A. Davidson: $85,841.64 plus

192.064812 shares of stock

William R. Davidson: $85,841.64 plus

192.064812 shares of stock


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:

Citation Recommendation: SUBMITTED

FTB Notice File 8- Davidson

8


9 Richard Baiza Velasquez (Estate) Case No. 16CEPR00640 Attorney Bianco, John P. (of Visalia, for Executor Eric Velasquez)

First and Final Account and Report of Executor and Petition for Settlement Thereof; for

Allowance of Statutory Attorney's and Executor's Compensation; for Allowance of Costs

Advanced, and Final Distribution

DOD: 1/5/16 ERIC VELASQUEZ, Executor with Full

IAEA without bond, is Petitioner.

Account period: not stated

Accounting: $200,000.00

Beginning POH: $200,000.00

Ending POH: $200,000.00

(real property)

Executor (Statutory): Waived

Attorney (Statutory): $7,000.00

Costs: $1,448.00 (filing, publication,

appraisal)

Distribution pursuant to Decedent’s will:

Eric Velasquez: A 33 1/3% interest in the

real property (Tenant In Common)

Elaine Kirchner: A 33 1/3% interest in the

real property (Tenant In Common)

Mike Velasquez: A 33 1/3% interest in

the real property (Tenant In Common)


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 9- Velasquez

9


10 Irene A Adams (Estate) Case No. 16CEPR00755 Attorney Gunner, Kevin D. (for Administrator Kathy Raye Krog)

Waiver of Accounting and Petition for Final Distribution and for Allowance of Statutory Fees

DOD: 10/24/15 KATHY RAYE KROG, Administrator with

Full IAEA without bond, is Petitioner.

Accounting is waived

I&A: $175,000.00

POH: $175,000.00 (real property)

Administrator (Statutory): Waived

Attorney (Statutory): $6,250.00

Distribution pursuant to intestate

succession:

Kathy Raye Krog: An undivided 50%

interest in the real property

Walter Michael Adams: An undivided

50% interest in the real property


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 10- Adams

10


11 Anthony Jacob Ibanez (CONS/P) Case No. 16CEPR00799

Petitioner: Yolanda Ibanez (Pro per – Mother/Co-conservator of the Person)

Petitioner: Merrissa Madrigal (Pro per – Sister/Co-conservator of the Person)

Petition for Appointment of Probate Conservator of the Estate

NO TEMPORARY REQUESTED

YOLANDA IBANEZ and MERRISSA MADRIGAL,

mother and sister were appointed co-

conservators of the person on 10/20/2016.

Petitioners are now requesting appointment as

co-conservators of the estate without bond.

Court Investigator supplemental report filed

1/25/2017.

Please see petition for details.


OFF CALENDAR. Request for Dismissal was filed

and entered 3/1/2017.

Cont. from 012517

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 x

9202

✔ Order



UCCJEA Updates:

Citation x Recommendation:

✔ CVRC w File 11- Ibanez

11


12 Louis A. Camacho (Estate) Case No. 16CEPR00813 Attorney Kruthers, Heather H. (for Public Administrator)

Status RE: Filing of the Inventory and Appraisal

DOD: 6/8/16 The FRESNO COUNTY PUBLIC

ADMINISTRATOR was appointed

Administrator on 9/14/16.

At the hearing on 9/14/16, the Court set

this status hearing for the filing of the

Inventory and Appraisal.

Status Report filed 2/28/17 states the PA

requires more time to complete the I&A

as the parties turned over volumes of

paper to sort through to the PA. In

addition, the PA is having more trouble

than usual determining which assets are

the decedent’s. See report for

examples, including a vehicle, furniture

and furnishings. The PA will have to work

with the purported wife who resides in

the home to determine what is

community property (if the court

determines she is a spouse) and what is

the decedent’s separate property.

The PA requests that this matter be set

no sooner than 6/7/17.


Note: Petition for Determination of

Entitlement to Distribution and Family

Allowance for Surviving Spouse filed

by Ortencia Martinez-Ramirez

Camacho on 10/25/16 was

continued to 3/14/17 for discussions

and set for trial on 3/28/17.

1. Need Inventory and Appraisal per

Probate Code §8800.

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 12- Camacho

12


13 Araceli Gonzalez Vega, Jose Luis Gonzalez Vega, Case No. 16CEPR01027

Jose Antonio Gonzalez Vega, Nayeli Gonzalez Vega, and

Octavio Reyes Vega (GUARD/P)

Petitioner Vaca, Maria Francisca (Pro Per – Maternal Grandmother – Petitioner)

Petition for Appointment of Guardian of the Person

See petition for details. NEEDS/PROBLEMS/COMMENTS:

Minute Order 1/25/17: The Court will allow service of the father by mail, but a proper proof of service must be filed. As of 3/2/17, the following issue remains noted: 1. Declaration of Due Diligence was

filed 12/27/16 re Jose Luis Gonzalez Uvalle (Father). If diligence is not found, need personal or mailed service pursuant to Probate Code §1511 and minute Order 1/25/17.

Cont. from 120716,

012517

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

Clearances

Order





FTB Notice File 13- Vega

13


14 Aurelio Duarte (Spousal) Case No. 16CEPR01057 Petitioner: Guadalupe Castillo de Villalobos (Pro per)

Amended Spousal Property Petition

DOD: 8/3/2016 GUADALUPE CASTILLO DE VILLALOBOS,

surviving spouse, is petitioner

No other proceedings

Decedent died intestate

Petitioner states:

She and decedent were married in 1989 in

Mexico, remained married and

continuously lived together as husband

and wife from 1989 to the date of

decedent’s death in 2016.

At the time of the marriage, decedent

owned no real property and owned

personal property of not more than

$500.00. Petitioner and decedent came to

California in 2005; their net worth was no

more than a few hundred dollars. During

the marriage, decedent did not receive

any property by inheritance nor any

property of significant value by way of gift.

The real property subject to this petition

was acquired in 2010 through the

combined efforts of the parties. However,

at the time of the purchase, petitioner

signed an inter-spousal transfer deed to

decedent in 2010 in order to obtain a

better interest rate on the loan.

Decedent’s real property subject to this

proceeding was community property, but

was held in decedent’s name as his sole

and separate property due to the inter-

spousal transfer deed.

It was always understood notwithstanding

the form of conveyance by which the

property was taken or acquired, including

all property held in the name of either

spouse alone, would be and remain their

community property.

Please see additional page.


1. Petitioner is asking that the

Court recognize decedent’s

separate property as

community property and pass

it to her 100% as surviving

spouse. If the Court is unable

to make a determination that

decedent’s separate property

was in fact, community

property, via the laws of

intestacy, petitioner may only

pass 1/3rd of decedent’s

separate property interest to

herself as surviving spouse; the

other 2/3rds interest would

pass to the children subject to

administration in the estate of

the decedent.

2. Items 4a and b are

incomplete re: if decedent

was a resident of California.

3. Need order.

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 14- Duarte

14


14 Aurelio Duarte (Spousal) Case No. 16CEPR01057 Page 2

Petitioner states, continued:

Decedent died without a will and is survived by three adult children in addition to the surviving

spouse. Under the laws of intestate succession, the surviving spouse is entitled to receive 1/3rd of

decedent’s separate property. However, by this petition, surviving spouse is asking that the Court

recognize the property as community property. Accordingly, the separate property listed in the

petition passes as community property to decedent’s surviving spouse.

Petitioner requests court determination that decedent’s 100% separate property interest in real property

(APN 460-074-17) passes to her as community property.


15 Richard Russell (Det. Succ) Case No. 16CEPR01184 Petitioner Matlock, Vivian Pilar (Pro Per)

Petition to Determine Succession to Real Property

DOD: 01/29/2016 VIVIAN PILA MATLOCK, is

petitioner.

40 days since DOD


I&A - $110,000.00


Petitioner requests Court

determination that Decedent’s

100% interest in real property

located at 36501 Sand Creek

Rd. Squaw Valley pass to Vivian

Pila Matlock.


Minute Order of 01/18/2017: Examiner notes given.


The deficiencies with the pleadings include, but are

not limited to, the following:

1. Petition was filed using a fee waiver. Costs of

administration must be paid prior to property

passing to the decedent’s heirs. Therefore, the

filing fee of $435.00 must be paid to the Court

prior to the signing an order to pass the property.

2. It is unclear what the petitioner’s relationship is to

the decedent. Need clarification.

3. #9a(1) or #9a(2) of the petition was not

answered regarding spouse.


answered regarding registered domestic partner.


answered regarding issue of predeceased child.

6. Need Attachment 14 which lists names,

relationships to decedent, ages and residence so

far known to or reasonably ascertainable by

petitioner. Note: Notice may be required to

those listed in Attachment 14.

8. Need Order. Local Rule 7.1 states a proposed

Order shall be submitted with all pleadings that

request relief. If the proposed order is not

received in the Probate Filing Clerk’s Office ten

(10) days before the scheduled hearing, a

continuance may be required.

Cont. from 011817

Aff.Sub.Wit.

✔ Verified

✔ Inventory

PTC

Not.Cred.

Notice of Hrg ✗

Aff.Mail ✗

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order ✗

Aff. Posting Reviewed by: LV


UCCJEA Updates:


FTB Notice File 15- Russell

15


16 Janelle Sandoval (GUARD/P) Case No. 16CEPR01203 Petitioner Sanchez, Claudia Galindo (Pro Per – Maternal Grandmother)

Petition for Appointment of Guardian of the Person

Age: 6 NO TEMPORARY REQUESTED

CLAUDIA GALINDO SANCHEZ,

maternal grandmother, is petitioner.

Father: JAVIER SANDOVAL, consents

and waives notice

Please see petition for details


Minute Order of 01/25/2017:

Examiner notes provided in open

court.

All issues have been cleared.

Cont. from 012517

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

Aff. Posting Reviewed by: LV


✔ UCCJEA Updates:


FTB Notice File 16- Sandoval

16


17A Shirley Ann Petch (Estate) Case No. 16CEPR01207 Attorney: Randolf Krbechek (for Renee Petch – Petitioner)

Petition for Letters of Administration; Authorization to Administer Under the

Independent Administration of Estates Act

DOD: 11/1/2016 RENEE PETCH, sister, is petition and

requests appointment as administrator

with full IAEA without bond.

All heirs waive bond.

Full IAEA – o.k.


Residence: Fresno

Publication: Fresno Business Journal

Estimated value of Estate:

Personal property $ 1,500.00

Annual gross income: $ 0.00

Real property: $ 190,000.00

Total: $ 191,500.00

Probate Referee: Rick Smith


Note: If the petition is granted, status

hearings will be set as follows:

Tuesday, August 8, 2017 at 9:00 a.m.

in Department 303, for the filing of

the inventory and appraisal.

Tuesday, May 8, 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 1/11/17

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Petn Admn

✔ 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 17A – Petch

17A


17B Shirley Ann Petch (Estate) Case No. 16CEPR01207 Attorney: Randolf Krbechek (for Renee Petch – Petitioner)

Order to Show Cause re: Failure to Appear

DOD: 11/1/2016 RENEE PETCH petitioned for

appointment as administrator and

hearing was set for 1/11/2017.

The matter was not preapproved due

to a service defect.

At the hearing on 1/11/2017, there were

no appearances.

Minute order dated 1/11/2017 issued

this OSC to Randolf Krbechek for failure

to appear. A Clerk’s Certificate of

Mailing of the OSC minute order was

completed 1/13/2017.


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



UCCJEA Updates:


FTB Notice File 17B- Petch

17B


18 Vanchai “Von” Sundara (CONS/P) Case No. 17CEPR00032 Petitioner Sundara, Tengone “Cindy” (Pro Per – Sister – Petitioner)

Petition for Appointment of Probate Conservator of the Person


Court Investigator advised

rights on 1/17/17.

Voting rights affected – need

minute order.

Minute Order 2/15/17: The

family is in agreement.

Examiner notes given.

As of 3/1/17, the following

issue remains noted:

1. The Proof of Service of

Citation (Page 3) is

incomplete and does not

state the address where

the proposed conservatee

was served, the date and

time service occurred, or

the server’s information.

Need clarification.

Cont. from 021517

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 18- V. Sundara

18


19A Simon Castro (Det. Succ) Case No. 17CEPR00082 Attorney Hornburg, Thomas E. (of Visalia, CA, for Petitioners)

Petition to Determine Succession to Real Property

DOD: 7/8/16 Petitioners are:

MARIA DEL ROSARIOR RODARTE DE

CASTRO, Spouse

AUGUSTINA CASTRO, Daughter

SIMON CASTRO, Son

MARIA CASTRO, Daughter

GUADALUPE CASTRO, Daughter

LUSMILA CASTRO, Daughter

MITZI LIZARDO, Guardian ad Litem

for DAVID CASTRO, Minor Grandson

40 days since DOD


I&A: $110,000.00 (real property in

Sanger, CA)


Petitioners request Court determination

that the Decedent’s 100% interest in

the real property passes to them 1/3 to

the spouse, and 1/6 of the remaining

2/3 interest each to the children and

grandson.


CONTINUED TO 4/20/17 Per attorney request

Note: Page B is the Ex Parte Petition

for Appointment of Mitzi Lizardo as

GAL for David Castro, which was set

for noticed hearing pursuant to this

Court’s Order of 2/6/17.

1. The attorney did not sign the I&A.

2. Notice was served on the minor

beneficiary “c/o” his mother,

Mitzi Lizardo; however, Cal. Rule

of Court 7.51 requires direct

notice to minors.

3. If granted, the minor heir will

receive a 1/9 undivided interest

in the real property, a value of

approx. $12,222.22. The Court

may require establishment of a

guardianship estate pursuant to

Probate Code §3611.

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





FTB Notice File 19A- Castro

19A


19B Simon Castro (Det. Succ) Case No. 17CEPR00082 Attorney Hornburg, Thomas E. (of Visalia, CA, for Petitioner)

Ex Parte Petition for Appointment of Guardian Ad Litem-Probate

MITZI LIZARDO, Mother, is Petitioner

and requests appointment as

Guardian ad Litem of DAVID CASTRO,

a minor.

Petitioner states the minor is the son of

Eustrojio Castro, predeceased son of

the decedent Simon Castro, and thus

a beneficiary. Petitioner is the

surviving parent of said minor and has

been advised that appointment as

GAL is necessary to represent the

minor’s interests in the probate

proceeding.


CONTINUED TO 4/20/17 Per attorney request

Note: Page A is Petition to Determine

Succession to Real Property of

Decedent Simon Castro, this minor’s

grandfather.

1. The Order entered 2/6/17

required 15 days’ notice to all

interested parties. Therefore, need

proof of service of Notice of

Hearing with copy of petition on

all interested parties, including

direct notice to the minor per Cal.

Rule of Court 7.51.

2. The petition requests authorization

to represent the minor’s interests

in the probate proceeding;

however, the filing is actually a

summary proceeding. As such,

the Court may require that the

Order Appointing GAL be more

narrowly tailored to authorize

Petitioner to execute such petition

on the minor’s behalf.

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





FTB Notice File 19B- Castro

19B


20 Vaughn Alexanian (Estate) Case No. 17CEPR00087

Attorney Peter Russo (for Petitioner Marjorie D. Ekparian)

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

Administer under the Independent Administration of Estates Act

DOD: 8/25/2015 MARJORIE D. EKPARIAN, sister, and

named Executor without bond, is

Petitioner.

Full IAEA: OK

Will Dated: 8/17/2004

Residence: Fresno

Publication: Fresno Bee

Estimated value of the Estate:

Real property - $0.00

Personal property - $0.00

Total - $0.00



1. Item 3(d) of the Petition

regarding estimated value of

the estate indicates the value

as $0.00. Need information as

to the character and

estimated value of the

property of the estate

pursuant to Probate Code §

8002(a)(4), in particular for the

purposes of determining

whether opening a full

probate of Decedent’s estate

is necessary and appropriate.

2. Need Confidential

Supplement to Duties and

Liabilities of Personal

Representative form, pursuant

to Local Rule 7.10.1 and

Probate Code § 8404.

~Please see additional page~

Cont. from

Aff.Sub.Wit. S/P

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters

✔ Duties/Supp Supp

X

Objections

Video

Receipt

CI Report

9202

✔ Order

Aff. Posting Reviewed by: LEG


UCCJEA Updates:


FTB Notice File 20- Alexanian

20


20 Additional Page, Vaughn Alexanian (Estate) Case No. 17CEPR00087

NEEDS/PROBLEMS/COMMENTS, continued:

3. Decedent’s Will devises the estate residue to the Trustee of the VAUGHN ALEXANIAN 1997 TRUST.

Item 8 of the Petition does not list the Trustee(s) of the Trust. Probate Code § 1208(b) provides if the

personal representative and the Trustee of a Trust are the same person, then notice shall be given

to the Trust beneficiaries. Need the name(s) of the Trustee(s), and if applicable, the names of the

Trust beneficiaries, to be listed in Item 8 of the Petition, and proof of service of Notice of Petition to

Administer Estate served to the Trustee and all Trust beneficiaries.

Note: If Petition is granted, Court will set Status Hearings as follows:

Monday, August 7, 2017 at 9:00 a.m. in Dept. 303 for the filing of the final inventory and appraisal;

and

Monday, May 7, 2018 at 9:00 a.m. in Dept. 303 for the filing of the first account and/or petition for

final distribution.

Pursuant Local Rule 7.5, if the documents noted above are filed 10 days prior to the dates listed, the

hearings will be taken off calendar and no appearance will be required.


21 Nancy Lee Kilgore (Estate) Case No. 17CEPR00093 Attorney: Jeff S. Shepard (for Petitioner Christopher F. Kilgore)

Petition for Probate of Will and for Letters Testamentary with IAEA

DOD: 1/11/17 CHRISTOPHER F. KILGORE, named

executor without bond, is petitioner.

Full IAEA – o.k.

Will dated: 9/24/13

Residence: Selma

Publication: Selma Enterprise


Personal property - $500,000.00

Annual income - $ 10,000.00

Real property - $150,000.00

Total - $660,000.00



Note: If the petition is granted,

status hearings will be set as

follows:

Wednesday, August 9, 2017 at

9:00 a.m. in Department 303,

for the filing of the inventory

and appraisal.

Wednesday, May 9, 2018 at


for the filing of the first account

or petition for final distribution.


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

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 21- Kilgore

21


22 Kimberly A Lomen (Estate) Case No. 17CEPR00095 Attorney: Lee S.W. Cobb (for Petitioner Allen Lung)

Petition for Probate of Will and for Letters Testamentary and IAEA

DOD: 12/6/16 ALLEN LUNG, named executor without

bond, is petitioner.

Full IAEA – o.k.

Will dated: 7/22/15

Residence: Fresno

Publication: Fresno Business Journal


Personal property - $ 3,000.00

Real property - $200,000.00

Total - $203,000.00



Note: If the petition is granted,

status hearings will be set as

follows:

Wednesday, August 9, 2017 at


for the filing of the inventory

and appraisal.

Wednesday, May 9, 2018 at


for the filing of the first account

or petition for final distribution.


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

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 22- Lomen

22


23 Troy Joseph Bishop (CONS/P) Case No. 17CEPR00102

Petitioner Eric Armando Bishop (Pro Per, father)

Petitioner Frances Marie Bishop (Pro Per, mother)

Petitioner Brett Eric Bishop (Pro Per, brother)

Petition for Appointment of Probate Conservator of the Person

ERIC ARMANDO BISHOP, father, FRANCES

MARIE BISHOP, mother, and BRETT ERIC

BISHOP, brother, are Petitioners.

~Please see Petition for details~

Court Investigator’s Report was filed on

3/1/2017.


Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

✔ Pers.Serv.

✔ Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

✔ Video

Receipt

✔ CI Report

9202

✔ Order

Aff. Posting Reviewed by: LEG


UCCJEA Updates:

✔ Citation Recommendation:

FTB Notice File 23- Bishop

23


24 Gregory Tolmachoff (CONS/PE) Case No. 17CEPR00103 Attorney Shahbazian, Steven L. (for Petitioner Diana Tolmachoff)

Petition for Appointment of Probate Conservator of the Person and Estate


Court Investigator was unable

to advise rights – See Court

Investigator’s report.

1. Need Citation and proof of

personal service of Citation

with a copy of the petition

at least 15 days prior to the

hearing per Probate Code

§1824 on Proposed

Conservatee Gregory

Tolmachoff.

2. Petitioner does not check

the box at #1g to request

that the Conservatee be

adjudged to lack capacity

to give informed consent

for medical treatment

under Probate Code §2355;

however, did check the

box at #9 re medical

treatment and did submit a

Capacity Declaration.

Need clarification as to

whether medical consent

powers are requested, and

if so, further notice to the

proposed conservatee and

relatives may be necessary.

3. Need video receipt per

Local Rule 7.15.8.A.

4. Need Letters.

SEE ADDITIONAL PAGES

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

Conf.

Screen

Letters x

Duties/Supp

Objections

Video

Receipt

x

CI Report

9202

Order



UCCJEA Updates:

Citation x Recommendation:

FTB Notice File 24- Tolmachoff

24


24 Gregory Tolmachoff (CONS/PE) Case No. 17CEPR00103

Page 2 – NEEDS/PROBLEMS/COMMENTS:

5. Petitioner states at #3b that she is not a creditor of the proposed conservatee; however, the

Court Investigator’s Report states Petitioner reported that her son stole her credit card and

charged $3,000.00 of merchandise, and also that she has paid her son’s mortgage and expenses

for the past few years. The Court may require clarification re whether Petitioner intends to seek

reimbursement from the conservatorship estate.

Note: If granted, the Court will set status hearings as follows:

Wednesday, April 26, 2017 for filing bond;

Wednesday, July 12, 2017 for filing the Inventory and Appraisal;

Wednesday, May 9, 2018 for filing the First Account.


25 Blia Xiong (CONS/P) Case No. 17CEPR00120 Petitioner: Xiong M. Vang (pro per)

Petitioner: Bao Vang (pro per)

Petition for Appointment of Probate Conservator

THERE IS NO TEMPORARY. No

temporary was requested.

XIONG VANG, sister-in-law, and BAO

VANG, mother, are petitioners


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:

✔ Citation Recommendation:

FTB Notice File 25- Xiong

25

Date post:	29-Mar-2019
Category:	Documents
Upload:	lydat
View:	213 times
Download:	0 times

Wednesday, March 8, 2017 - Fresno County Superior Court · Pers.Serv. Conf. Screen ... Mr. Tugas...

Documents