Jul 19, 2019
TENTATIVE RULINGS
 
Probate Calendar

Thursday, July 18, 2019, 2:30 p.m. – Hon. Jennifer V. Dollard

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
 
 
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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. SCHMIDT, R
     INGERSOLL, K
SNT OF RACHELLE MOLINARI
SPR-74790
CONT FROM 5/30/19
ACCT & RPT
TENTATIVE RULING: The third account and report of trustee as amended as to fees and costs is approved. Trustee fees are approved as prayed. Attorney fees are approved as prayed. Attorney costs are approved in the sum of $563.75.
 
The order has been revised to conform to the Court’s ruling. 
 
 
2. LARSEN, M
EST OF MARY ROBERTS
SPR-87735
LTRS OF ADMIN
 
TENTATIVE RULING: The petition is approved. Bond will be required in the amount of $88,951. 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.
 
 
3. SHINDLEDECKER, T
EST OF CHARLES TODD AKINS
SPR-091256
ACCT & RPT
 
TENTATIVE RULING: On July 12, 2019, the executors filed an “Amended First and Final Account” which is set for hearing August 29, 2019. In light of the facts no statement of issues was filed and the amended petition appears to supersede the currently pending petition, this matter is continued to August 29, 2019 at 2:30 p.m. in Department 18.
 
 
4. WOLFF, K
EST OF ROYAL ANTHONY STEWART
SPR-092200
ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
5. BJORNSTROM, D
EST OF DORIS LOVVORN
SPR-092292
WAIVER OF ACCT & RPT
 
TENTATIVE RULING: Approved.
 
 
6. SONOMA CO COUNSEL
    ERCOLINI, E
CONS OF ROBIN RICHARD MONSON
SPR-092373
SALE OF PROPERTY
TENTATIVE RULING: Continued to September 5, 2019 for compliance with PrC § 2610.
 
 

7. SRL
GDN OF ROBERT JAACOB MOORE
SPR-093010
CONT FROM 6/20/19
APPT OF GDN [E]
 
TENTATIVE RULING:  Appearances required. The court intends to grant the request for guardianship of the estate of Robert Jaacob Moore and order that all funds held in Father’s 401(k) Retirement Plan, for the benefit of Minor, shall be deposited into a blocked account at Redwood Credit Union.  The court requires information about the pension benefits to determine whether they can be held outside of the blocked account and managed by Petitioner as directed by the Kaiser Permanente Employee’s Pension Plan, or should be placed in a blocked account. If placed in a blocked account the court would consider authorizing a monthly amount to be automatically withdrawn for the support of the minor. Specifically, the court would like to see what information the Petitioner believes supports the pension benefits being paid directly to her. The court also needs this information to decide whether a bond is necessary and requests the Petitioner be prepared to address her ability to obtain a bond and perform annual accountings if the pension funds are held outside a blocked account.
 
The court intends to waive bond and accountings as to the 401(k) funds once placed in a blocked account. The court will also waive bond on the real property. Bond is not required on real property where there are no Probate Code Section 2590 powers, pursuant to California rules of Court, rule 7.207(B). If the real property in Cobb, California, is sold, or funds are received into the guardianship estate that is subject to court supervision, then bond is to be reinstated pursuant to Probate Code Section 2320, et seq. and the guardian is ordered to notify the court within 30 days of the sale.
 
As to the 401(k) funds, the court will continue the matter to September 12, 2019 at 2:30 p.m. in Department 18 for proof of funds in blocked account. Petitioner is ordered to file, on or before September 5, 2019, a Receipt and Acknowledgment (Judicial Council Form MC-356), signed by an authorized bank representative, indicating that funds have been deposited into a blocked account for Minor’s benefit.
 
 
8. METZ, N
TRUST OF JAN L HARWOOD
SPR-093017
CONFIRM TRUST ASSETS
TENTATIVE RULING: The hearing is continued to September 5, 2019, at 2:30 p.m., in Department 18. The Notice of Hearing must contain the language required by Prob. Code section 851(c) (Amended by Stats.2017, c. 32 (A.B.308), § 1, eff. Jan. 1, 2018). Alternatively, petitioner may appear with waivers of Notice of Hearing by those entitled to notice, in which case the petition will be granted.
 
 
9. SRL
TRUST OF DANIEL F LEBLANC
SPR-093031
PTN TO CONFIRM TRUST ASSETS & TRUSTEE
TENTATIVE RULING:
Absent opposition or objection, the court will GRANT the petition. The court finds that service and notice are sufficient in accord with Prob. Code section 851 and that the petition sets forth a valid basis for the relief requested. 
 
 
 
10. SRL
GDN OF ARIANA CASTELLANOS & RICARDO CASTELLANOS
SPR-093038
CONT FROM 6/20/19
APPT OF GDN [E]
 
TENTATIVE RULING: The request for guardianship of the estate is granted. The Court finds that in order to hold the Minors’ property until Minors reach the age of majority, the funds currently being held at Luther Burbank Savings in the money market account and checking account, established by Minors’ paternal great grandfather, John William Togneri, shall be deposited into blocked accounts at Luther Burbank Savings. 
 
Any future requests for funds, shall be presented to the Court on Judicial Council Form MC-357, Petition for Withdrawal of Funds from Blocked Account. No hearing is required on Petitions for Withdrawal of Funds, and Petitioner may request reimbursement of the filing fee for the requests.
 
The request for §2590 powers is denied as no factual showing has been provided indicating why this estate requires the powers requested pursuant PrC§ 2591(a) through (o).
 
 
Matter is continued to September 12, 2019 for proof of funds in blocked account. Petitioner is directed to file a Receipt and Acknowledgment signed by an authorized bank representative, acknowledging that all funds have been deposited into a blocked account(s). Judicial Council Form MC-356 can be used for this purpose. Upon the filing of the signed Receipt(s), bond and accountings shall be waived.
 
 
 
11. MAXWELL, V
TRUST OF DANIEL W CLARK
SPR-093046
PTN TO DETERMINE VALIDITY OF TRUST, AMENDMENTS, CONFIRM TTEE & FOR INSTRUCS
 
TENTATIVE RULING: Approved. However, the Petition erroneously recites that the second Amendment to the Trust provides for a $10,000 payment to Kathleen Haibach when it provides a payment of only $5,000.
 
12. MCCONNELL, K                     
MTR OF JACE MCCLINTOCK
SPR-093047
CONT FROM 5/8/19
PROOF OF FUNDS IN BLOCKED ACCOUNT
TENTATIVE RULING: No appearances are necessary. A Receipt and Acknowledgment of Order for Deposit of Money into Blocked Account was filed on June 20, 2019. Matter is dropped.
 
 
13. DAVIS, A
EST OF ROBERT MILLER
SPR-093109
PROBATE OF WILL & ADMIN WWA
 
TENTATIVE RULING: Petitioner Kevin Lozaw filed a Petition for the Probate of Will and for Letters of Administration with Will Annexed, and for Authorization to Administer Under the Independent Administration of Estates Act. The petition indicates the will was previously probated in former case number SPR-072545, but that it is necessary to re-open the Estate of Robert H. MILLER (through a new proceeding) in order to recover unclaimed property held by the State of California in the name of decedent. The petition references various documents, information, and purported attachments, some of which are missing from the petition. 
 
The matter is CONTINUED to August 22, 2019 to allow petitioner an opportunity to cure the defects in the petition through an amended petition or other means. The defects include: (1) failure to attach a copy of the will (petition states it’s attached as Attachment 3e(2), but no such attachment was filed); (2) failure to fully describe petitioner’s relationship as a “third party fiduciary” to the decedent in Section 3f(2); (3) failure to list (with relationships to decedent, ages and addresses) all person needed to be listed in Section 8; and (4) failure to explain the legal authority for ordering a $0.00 bond where a bond is required under Probate C.Sec.8480.
 
 
14. FISHER, R
EST OF GENEVIEVE YANG LOTA
SPR-093113
PROBATE OF WILL
 
TENTATIVE RULING: The petition is continued to the September 12, 2019 calendar at 2:30 p.m. in Department 18 to allow the objectors to serve the objection. (See Prob. Code, § 8250, subdiv. (a).)
 
 
15. SRL
PTN OF KRISTINA M JUAREZ ASHLEY
SPR-093134
CHANGE OF NAME
 
TENTATIVE RULING:  Approved.
 
 
16. SRL
PTN OF NOBUKO ELEANORE HASEGAWA
SPR-093138
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
17. SRL
PTN OF OLGA ANATOLYEVNA BERIAN
SPR-093150
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
18. SRL
PTN OF VICKY CHAVEZ
SPR-093152
CHANGE OF NAME
 
TENTATIVE RULING: Approved.
 
 
19. ZAKASKY, J
EST OF ENNIO S MAURIZI
SPR-093167
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 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.
 
 
20. NORTON, T
EST OF TY FISCUS
SPR-093169
LTRS OF ADMIN
 
 
TENTATIVE RULING: The petition is approved. Bond will be required in the amount of $900,000. 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.
 
 
21. LEONI, C
EST OF WILLIAM M
PONCIA, JR
SPR-093179
SPOUSAL PROPERTY PETITION
 
TENTATIVE RULING: This matter is CONTINUED to August 15, 2019. The Court notes that the witness signatures on Attachment 4c are not legible. Petitioner may file an Amended Petition with a legible copy of the signatures or a Proof of Holographic Instrument (DE-135).
 
 
22. ZAKASKY, J
EST OF JOLENE V ROBINSON
SPR-093189
PROBATE OF WILL
 
TENTATIVE RULING: This matter is continued to August 29, 2019 at 2:30 p.m. in Department 18. The petition indicates that a “bond not required for the reasons stated in item 3d”; however no reason is provided in item 3d.
 
 
23. WEAVER, J
EST OF TIMOTHY A BURNS
SPR-093209
PROBATE OF WILL & ADMIN WWA
 
 
TENTATIVE RULING: Approved.
 
 
24. MILKS, J
EST OF EUGENE JOHN ISAEFF
SPR-093210
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 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.
 
 
25. PASSALACQUA, T
EST OF ROBERT L GOODYEAR
SPR-093212
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 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.
 
 
26. HAWS, C
EST OF MAXINE REYNOR
SPR-093222
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 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.
 
 
 
27. WELTY, M
EST OF DANA C COUEY-HARMAN
SPR-093224
LTRS OF ADMIN
 
TENTATIVE RULING: The petition is approved. Bond will be required in the amount of $373,000. 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.
 
28. INGERSOLL, K
CONS OF JOHN H FITZSIMMONS
SPR-093269
APPT OF C’TOR
TENTATIVE RULING:  Appearances required at 2:30 p.m. Petitioner shall arrange transportation for the proposed temporary conservatee to attend the court hearing.
 
 
 
 
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