Dec 18, 2018

TENTATIVE RULINGS

 

Probate Calendar

Thursday, December 13, 2018, 2:30 p.m. – Hon. René Auguste Chouteau

Courtroom 18, 3055 Cleveland Avenue, Santa Rosa

 

Probate matters will be heard as follows: 

 

Law & Motion Calendar: Wednesday at 3:00 p.m. in Courtroom 18

Probate Calendar: Thursday at 2:30 p.m. in Courtroom 18

Limited Conservatorship Calendar: Friday at 1:30 p.m. in Courtroom 15 

 

Courtroom 18 is located at the Civil and Family Law Courthouse:

3055 Cleveland Avenue, Santa Rosa, California 95403

 

Courtroom 15 is located at the North end of the Hall of Justice:

600 Administration Drive, Santa Rosa, California 95403

 

 

***************************************************************************

If the tentative ruling is accepted, no appearance 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 2:45 p.m. on the day of the hearing. 

 

In accordance with CRC Rule 3.670, CourtCall is available for telephone appearances on the Probate Calendar, except for hearings on petitions to confirm the sale of property and other matters in which the court determines that a personal appearance would materially assist in the determination of proceedings or in the effective management or resolution of the particular case.

 


 

1.  SMITH, M

CONS OF MARCUS P MEDIEROS

SPR-57219

CONT FROM 9/20/18

STATUS UPDATE

TENTATIVE RULING:  Appearances required at 2:30 p.m. in Department 18

 

2.  KORN, K

EST OF JOSEPH CANDIA

SPR-75629

ACCT & RPT

TENTATIVE RULING: Petitioner brings his fifth petition for settlement of account and report. The accounting and report are approved, except as follows. First, the court declines to rule on the issue of the destruction of business records. This issue is not within the scope of the court’s authority on this type of petition; a ruling allowing such destruction may violate other government agencies’ rules and regulations for which this court is not aware. Second, petitioner is directed to list in the subsequent accounting the payment made to Hatcher & Rundel as owing to the estate, including interest from the date of payment at the statutory rate, until such time as the payment is approved by the court. The order has been modified to confirm to this ruling.

 

3.  BANTI, C

     DENNIS, A

CONS OF ROBERT BRABANT

SPR-83656

CONT FROM 11/15/18

ACCT & RPT

TENTATIVE RULING: Appearances required at 2:30 p.m. Petitioner is directed to arrange transportation for the proposed conservatee to attend the court hearing.

 

4.  HAEUSER, T.

     MADERIOUS, J

TRUST OF LOUISE SHAFFLEY LYNCH

SPR-88488

ACCT & RPT

TENTATIVE RULING: The hearing is continued to January 24, 2019, at 2:30 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, if possible, otherwise by telephone conference, before any hearing of the contested petition.  If such resolution is not possible, then each party shall file a Statement of Issues at least five (5) court days before the hearing. 

 

5.  STENEBERG, J

SNT OF JORDAN CAZAREZ

SPR-88644

ACCT & RPT

TENTATIVE RULING: Approved. The Third Account and Report of Trustee is due no later than October 1, 2020.

 

6.  HAEUSER, T

TRUST OF CONCHA O’DELL

SPR-089473

ACCT & RPT

TENTATIVE RULING: Approved.

 

7.  SHEA, W

TRUST OF NORMAN KURNICK & EVELYN KURNICK

SPR-089590

PTN ACCEPTING RESIGNATION OF TTEE & APPT SUCC TTEE & FOR MODIFICATION OF TRUST

TENTATIVE RULING: Approved.

 

8.  RONDON, B

GDN [E] OF COOPER MCCAULEY ANAST

SPR-089896

2nd ACCT & RPT

TENTATIVE RULING: Approved as prayed.  The Third Account and Report of Guardian is due no later than December 1, 2020.  The Court will review the necessity of continuing periodic payments at that time.

 

9.  MORRIS, C

TRUST OF LORE WALMSLEY

SPR-089905

ACCT & RPT

TENTATIVE RULING: The petition requesting approval of resignation of the guardian ad litem is approved. Fees and costs for the guardian ad litem are approved in the amount of $38,769.69. Fees and costs for counsel are approved in the amount of $76,390.73. Petitioner is directed to return the remaining retainer amount of $34,839.58 to the trustee. 

 

10. JOHNSTON, R

      MADERIOUS, J

TRUST OF MARGARET ROSE AUDISS

SPR-090036

PTN TO ENFORCE SETTLEMENT AGMNT; OR REMOVE TTEE & FOR SUCC TTEE; TO ACCOUNT & CONSOLIDATE MATTERS

TENTATIVE RULING: Per request of counsel, the hearing is continued to February 21, 2019, at 2:30 p.m., in Department 18.

 

11. CORLETT, D

EST OF LEWIS A NORTON

SPR-090225

WAIVER ACCT & RPT

TENTATIVE RULING: Per request of counsel, the hearing is continued to January 24, 2019, at 2:30 p.m., in Department 18.

 

12. NELSON, C

TRUST OF MARTIN S GREENE

SPR-090437

PTN CONFIRMING TRUST PROPERTY

TENTATIVE RULING: Petitioner Bank of America, as trustee, has filed a Petition for Order Confirming Trust Property pursuant to Probate Code section 850. The petition requests that the court confirm property belonging to the decedent’s predeceased wife and predeceased brother as an asset of the decedent’s trust. Petitioner argues that because the decedent was the sole heir of his wife and his brother intestate laws made the decedent a vested successor in interest to their property. It seems this position would circumvent the need for probate administration for any person deemed a sole heir and eliminate spousal property petitions for community property interests. While it is clear that decedent intended his property to be held in trust, his predeceased wife’s share of their community property and his brother’s property were never confirmed through proper channels to the decedent. As such, any claim by the decedent’s trust to said property is premature. Accordingly, the petition is denied.

 

13.  NORTON, T

EST OF THOMAS W TODD

SPR-090581

petition to determine distribution

TENTATIVE RULING: Approved.

 

14.  SRL

EST OF DANIEL JOSEPH LAMBERSON

SPR-090701

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

15.  VALLUZZO, A

EST OF LORENE D SEWARD

SPR-091044

FINAL DIST

TENTATIVE RULING: Approved.

 

16.  SRL

EST OF BETTY BLACK

SPR-091074

WAIVER OF ACCT & RPT

TENTATIVE RULING: The petition is approved. Reserve is approved in the amount of $2,000. The order has been modified to conform to this ruling.

 

17.  PRINGLE-DRESSLER, M

EST OF KENNETH D COOPER

SPR-091295

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

18.  LARSEN, M

EST OF GARY CARPENTER

SPR-091487

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: 1) Petitioner’s spousal property petition is approved.

 

2) Petitioner’s petition to close the estate and for extraordinary fees is approved as follows. The petition to close the estate is approved. Extraordinary fees are approved in the amount of $5,071.25. The order has been modified to conform to this ruling. Additionally, the court has stricken item 4 from the order as petitioner, in her capacity as the special administrator, is being discharged and the property was confirmed to and distributed via the spousal property petition. The court has also struck language releasing petitioner from all liability as this issue was not before the court.

 

19.  MAYO, J

EST OF ELEANOR BERGMAN

SPR-091489

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

20.  DE LA FOREST, C

EST OF MARIE A MURPHY

SPR-091519

WAIVER OF ACCT & RPT

TENTATIVE RULING: Approved.

 

21.  HAEUSER, T

EST OF JEANNINE G SUNSERI

SPR-091569

ACCT & RPT

TENTATIVE RULING: Approved.

 

22.  FISHER, R

EST OF JEPPE C JUHL

SPR-091620

ACCT & RPT

TENTATIVE RULING: Approved.

 

23.  PASSALACQUA, T

TRUST OF PHILIP EDMONDS & SHEILA EDMONDS

SPR-092002

CONT FROM 10/25/18

MODIFICATION OF TRUST

TENTATIVE RULING: Approved.

 

24.  REILLEY, M

EST OF GYVEN MCINTOSH

SPR-092195

PROBATE OF WILL

TENTATIVE RULING: Approved.

 

25.  KEMP, B

EST OF DORIS FLOSSIE AUDISS

SPR-092219

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and a petition within the timeframe set out in Probate Code section 12200.

 

26.  BANTI, C

TRUST OF JEAN L TURNER

SPR-092247

PTN FOR INSTRUCS & AUTHO SALE OF TRUST R/P

TENTATIVE RULING: Upon filing proof of service of the notice of hearing which includes the attached list of persons served, the petition is approved.

 

27.  DENNIS, A

TRUST RE 5397 FAUGHT ROAD

SPR-092251

PTN TO REMOVE TTEE; COMPEL ACCTG; AUTO SELL TRUST PROP

TENTATIVE RULING: Per request of counsel the hearing is continued to January 17, 2019, at 2:30 p.m., in Department 18.

 

28.  HALL, P

TRUST OF MELISSA E KINDELL

SPR-092267

PTN FOR APPT OF TTEE

TENTATIVE RULING: Approved.

 

29.  PHILLIPS, S

EST OF DAISY E CONLIN

SPR-092269

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and a petition within the timeframe set out in Probate Code section 12200.

 

30.  HESS, S

TRUST OF RALPH E BARBOUR, SR

SPR-092276

PTN TO CONFIRM AND TRANSFER TRUST PROPERTY TO TRUST

TENTATIVE RULING: Approved.

 

31. SRL

EST OF DUANA FRANK CAREY, JR

SPR-092281

LTRS OF ADMIN

TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and a petition within the timeframe set out in Probate Code section 12200.

 

32.  SRL

PTN OF KERRI MAYA

SPR-092286

NAME CHANGE

TENTATIVE RULING: Approved.

 

33.  CALLAHAN, C

EST OF WILLIAM H SNOW, JR

SPR-092290

SPOUSAL PROPERTY PETITION

TENTATIVE RULING: The hearing is continued to January 24, 2019, at 2:30 p.m., in Department 18.  Petitioner is directed to file an amended petition which contains a statement of facts upon which the petitioner bases the allegation that the property described in the petition is property that should pass to the surviving spouse. These facts should be stated in Attachment 7. (See item 7 of the petition.) The legal description should be provided in Attachment 7a as petitioner is requesting that certain property be determined to pass to the petitioner. (See item 7.a.)

 

34.  SRL

PTN OF ZHONGXIANG YAN

SPR-092293

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

35.  SRL

PTN OF ANGELICA MARIA LOPEZ FLORES

SPR-092300

CHANGE OF NAME

TENTATIVE RULING: Approved.

 

36.  SO CO COUNSEL

       SO CO PUBLIC DEFENDER

CONS OF LINDA DAWN COCHRANE

SPR-092345

APPT OF C’TOR

TENTATIVE RULING: Appearances required at 2:30 p.m. Petitioner is directed to arrange transportation for the proposed conservatee to attend the court hearing.

 

37.  FREDRICKS, J

EST OF REBECCA RACHEL STEVENS

SPR-092356

LTRS OF ADMIN

TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and a petition within the timeframe set out in Probate Code section 12200.

 

38.  WILSON, M

EST OF PETER C MENTH

SPR-092364

PROBATE OF WILL

TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and a petition within the timeframe set out in Probate Code section 12200.

 

39.  SRL

EST OF RANDALL SCOTT RAMOS

SPR-092366

PROBATE OF WILL

TENTATIVE RULING: Per request of petitioner, the hearing is continued to January 17, 2019, at 2:30 p.m., in Department 18.

 

40.  KELLY, J

EST OF STEWART CILLEY

SPR-092369

LTRS OF ADMIN

TENTATIVE RULING: The hearing is continued to January 24, 2019, at 2:30 p.m., in Department 18. The first publication date of the notice must be at least 15 days before the hearing. (Probate Code section 8121.) For a hearing date of December 13, the notice must have first been published by November 28. (See CCP section 12c.) Petitioner must also file proof of service of the Notice of Hearing.

 

41.  KELLY, J

EST OF RENEE BINDER KREMER

SPR-092370

PROBATE OF WILL

TENTATIVE RULING: The hearing is continued to January 24, 2019, at 2:30 p.m., in Department 18. The first publication date of the notice must be at least 15 days before the hearing. (Probate Code section 8121.) For a hearing date of December 13, the notice must have first been published by November 28. (See CCP section 12c.) Petitioner must also file proof of service of the Notice of Hearing.

 

42.  KELLY, J

EST OF RAUL G MARTIN

SPR-092371

PROBATE OF WILL

TENTATIVE RULING: The hearing is continued to January 24, 2019, at 2:30 p.m., in Department 18. The first publication date of the notice must be at least 15 days before the hearing. (Probate Code section 8121.) For a hearing date of December 13, the notice must have first been published by November 28. (See CCP section 12c.) Petitioner must also file proof of service of the Notice of Hearing.

 

43.  HOLBROOK, M

EST OF CHARLOTTE J OSTROFE

SPR-092372

LTRS OF ADMIN

TENTATIVE RULING: The petition is approved. Petitioner is to file an Inventory and Appraisal within four months of issuance of letters (Prob. Code section 8800(b)) and a petition within the timeframe set out in Probate Code section 12200.

 

 

© 2018 Superior Court of Sonoma County