Jul 03, 2020
TENTATIVE RULINGS

Probate Estates Calendar

Friday, June 26, 2020                9:30 a.m. – Hon. Jennifer V. Dollard

Courtroom 18, 3055 Cleveland Avenue, Santa Rosa

 

Probate matters will be heard as follows: 

PLEASE NOTE: In accordance with the Addendum to First Amended Omnibus Order of the Presiding Judge issued May 27, 2020, only those persons with court hearings in criminal actions shall enter a Sonoma County Superior Court facility.  Until further notice, all matters set for hearing in this courtroom shall be heard remotely through Zoom.  No party or representative of a party may appear personally in Courtroom 18.  CourtCall is not permitted for this calendar 

 

If the tentative ruling is accepted, no appearance by Zoom is necessary unless otherwise indicated. 

You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling.  Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear.  Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 9:45 a.m. on the day of the hearing. 

TO JOIN “ZOOM” ONLINE,

D18 – Probate 9:30am Friday

MeetingID: 838—5609--8726

Password: 000169

https://us02web.zoom.us/j/83856098726?pwd=WEI3K1BPRCswSk0ZYSs4VUw1OU5ydz09

TO JOIN “ZOOM” BY PHONE,
By Phone (same meeting ID and password as listed for each calendar):
+1 669 900 6833 US (San Jose)

 

Guide for participating in court proceeding via Zoom D18

-After joining the meeting and checking in with the clerk, please mute your audio when not speaking. This helps keep background noise to a minimum.

-Be mindful of background noise when your microphone is not muted.  Avoid activities that could create additional noise, such as shuffling papers.

-Position your camera properly if you choose to use a web camera. Be sure it is in a stable position and focused at eye level, if possible.  Make sure everything visible in the frame is appropriate for an appearance in court.

-If a confidential session becomes necessary it is incumbent on you to ensure you are able to participate from a private location so that unauthorized people cannot overhear or see the proceedings.

-Chat is enabled for the sharing of documents among participants and the court and to allow attorneys to communicate individually with each other or their clients only. No chat messages should be sent privately to the court as it would amount to an unauthorized ex parte communication. Neither should chat messages be sent to all participants unless directed by the court.

-The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.

-To assist the court reporter please state your name before each time you talk.

-Be patient.  Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.

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ESTATES/OTHER PROBATE
 
1. HAEUSER, T.
 
ESTATE OF NICOLAIA MITSIANI HILL
SPR-84341
 
PRELIM DISTRIBUTION
TENTATIVE RULING:  Petition for Preliminary Distribution and Compensation to Attorney is Approved.  Matter is continued to the Probate Case Management Conference on
December 17, 2020 at 3:00 p.m. in Department 18 for status of case.
 
 
 
2. DAVIS, D.
ESTATE OF PATRICIA TONELLI-HURLEY
SPR-091500
 
WAIVER OF ACCT & RPT
TENTATIVE RULING: Approved.
 
 
3.    GARDNER, L.   
ESTATE OF GEORGE MERRILL, SR.
SPR-091612
 
ACCT & REPORT
TENTATIVE RULING: Approved.
 
 
4. BANTI, C.
ESTATE OF CHRISTOPHER FLINDT
SPR-092508
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: The Court will approve the Petition, except to the extent it seeks to excuse the distribution of the estate to a Trust for the benefit of Elaine Julia McAravy Flindt. The marital trust was revoked in 2010 leaving the decedent eight years to amend the terms of his Will to eliminate the requirement that any devise to his daughter be held in trust until she turns 35. Decedent presumably was aware of the size of his estate, and the Court finds no basis to disregard his wishes. Petitioner is directed to submit a new proposed order consistent with this ruling.
 
 
5. PIEROTTI, A.
ESTATE OF
JOHN THOMAS MELLO
SPR-092616
 
ACCT & REPORT
TENTATIVE RULING: Approved.
 
 
6. COPENHAVER, E.
ESTATE OF ROBERT BLOSK
SPR-092635
 
ACCT & REPORT
TENTATIVE RULING: Approved.
 
 
7. FISHER, J.
ESTATE OF JERILEE ANN CORRIVEAU
SPR-092640
 
OTHER
TENTATIVE RULING: This matter is continued to September 24, 2020 at 3:00 p.m. in Department 18. As objections have been filed, pursuant to local rule 6.2 (G)(2), the parties are directed to meet and confer and make a reasonable and good faith attempt to informally resolve the controversy at a face-to-face conference (which is deemed to include video platforms such as Zoom), if possible, otherwise by telephone conference.If the matter has not resolved, the parties shall each file statements of issues no later than five (5) court days before the continued hearing date. Local Rule 6.2 G.3.
 
 
 
 
8. LEWIS, L.
 ESTATE OF DIANE MARIE WINSET
SPR-092830
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: Approved.
 
 
9. COPENHAVER, E.
GUARDIANSHIP OF ELIZABETH RAE SIELA AND MICHAEL GEORGE SIELA
SPR-092895
OTHER
TENTATIVE RULING: Appearances Required. The Court requires more information on the Whole Life insurance policy and why it is a sound investment for the minors. In all other regards the petition will be approved. Additionally, the Court will require ongoing accountings every two years and does not treat this as a final account. This matter is calendared on the Probate case management calendar on Thursday, August 25, 2022 at 3:00 p.m. for status of accounting. No appearances will be required if a second accounting has already been filed.
 
 
10. GLADDEN, M.
ESTATE OF LORI NOREEN ENSIGN CRON
SPR-092958
 
WAIVER OF ACCT & REPORT
TENTATIVE RULING: Approved.
 
 
11. WELTY, M.
ESTATE OF DANA COUEY-HARMAN
SPR-093224
 
OTHER
TENTATIVE RULING:   Based on the Stipulation and Order filed 6/23/2020, this matter is continued to July 16, 2020 at 3:00 pm in Department 18 for status of settlement.
 
 
12. BANTI, C.
ESTATE OF ELLEN LOUISE BARRETT
SPR-093594
 
PROBATE OF WILL
TENTATIVE RULING: The petition is approved. No bond is required as will waives bond.   Inventory and Appraisal has been filed previously with the Court. Petitioner is to file a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the June 10, 2021 probate case management conference at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearance at the hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
13. SHINDLEDECKER, T.
ESTATE OF SARAH BROWN
SPR-093762
 
OTHER
TENTATIVE RULING: Approved. Bond is increased to $873,000.
 
 
14. HANDRON, V.
ESTATE OF KARIN SKOOGLUND
SPR-093829
WAIVER OF ACCT & REPORT
TENTATIVE RULING: Approved.
 
 
15. YU, M.
ESTATE OF LAURIE WEBSTER
SPR-094382
 
DET SUCC TO R/P
TENTATIVE RULING: There is no proof of service of Notice of Hearing, however the Court does not find it necessary to continue the matter for notice as it is denied on its merits. A Petition to Determine Succession to Real Property cannot be used to determine succession solely to personal property; It may, however, be used to determine succession to real property and personal property (Probate Code §13151.) As the Petition does not request succession to any real property, the Petition is denied.
 
 
16. HAEUSER, T.
ESTATE OF
MANUEL FRANCO
SPR-094434
 
SPOUS PROP PETITION
TENTATIVE RULING: Approved.
 
 
17. GARDNER, L.
ESTATE OF ROBERT GEORGE SILVEY, SR.
SPR-094450
 
PROBATE OF WILL
TENTATIVE RULING: The petition is approved. No bond is required as will waives bond.   Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the December 17, 2020 probate case management conference calendar at 3:00 p.m. in Department 18 for status of inventory and appraisal, and on December 16, 2021 at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearances at either of these hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
18.   COLLIER, D.
ESTATE OF GABRIEL LACHAISE HIEB
SPR-094452
 
LETTERS OF ADMIN
TENTATIVE RULING: The petition is approved. Bond is set in the amount of $160,000.   Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the December 17, 2020 probate case management conference calendar at 3:00 p.m. in Department 18 for status of inventory and appraisal, and on December 16, 2021 at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearances at either of these hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
19. KLOSE, J.
ESTATE OF SUSAN FREY SWARTZ
SPR-094454
 
PROBATE OF WILL
TENTATIVE RULING: Proof of Publication and Proof of Service on the Notice of Hearing have not been filed with the Court. Matter is continued to August 7, 2020 at 9:30 am in
Department 18 to allow Petitioner additional time to file Proof of Publication and Proof of Service on the Notice.
 
 
20. HALL, M.
ESTATE OF THOMAS NEWTON LOCKWOOD
SPR-094456
 
LETTERS OF ADMIN
TENTATIVE RULING: The petition is approved. No bond is required as all heirs have waived bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the December 17, 2020 probate case management conference calendar at 3:00 p.m. in Department 18 for status of inventory and appraisal, and on December 16, 2021 at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearances at either of these hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
21. GARDNER, L.
ESTATE OF VIVIAN RONNING
SPR-094469
 
LETTERS OF ADMIN
TENTATIVE RULING: The petition is approved. Bond is set in the amount of $1,375,000. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the December 17, 2020 probate case management conference calendar at 3:00 p.m. in Department 18 for status of inventory and appraisal, and on December 16, 2021 at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearances at either of these hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
22. MILKS, J.
ESTATE OF
JOHN WARD PAGE
SPR-094470
 
PROBATE OF WILL & ADMIN WWA
TENTATIVE RULING: The petition is approved. No bond is required as the will waives bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the December 17, 2020 probate case management conference calendar at 3:00 p.m. in Department 18 for status of inventory and appraisal, and on December 16, 2021 at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearances at either of these hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
23. SHEA, W.
ESTATE OF BERTA BETTY ANN ISONIO
SPR-094471
 
PROBATE OF WILL
TENTATIVE RULING: The petition is approved. No bond is required as the will waives bond. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and either a petition for an order for final distribution of the estate or a report of status of administration within the timeframe set out in Probate Code section 12200.
 
The matter is set on the December 17, 2020 probate case management conference calendar at 3:00 p.m. in Department 18 for status of inventory and appraisal, and on December 16, 2021 at 3:00 p.m. in Department 18 for status of estate or final account and distribution. No appearances at either of these hearings will be required if the court determines that administration of the estate is timely proceeding, or good cause is shown why more time is required.
 
 
 
 
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