Conservatorships

If the tentative ruling does not require appearances, and is accepted, no appearance is necessary. 

Any party who wishes to be heard in response or opposition to the Court’s tentative ruling MUST NOTIFY the Court’s Judicial Assistant by telephone at (707) 521-6893 and MUST NOTIFY all other parties of the intent to appear, and whether they will appear in person or by Zoom.  Both notifications must be completed no later than 4:00 p.m. on the court (business) day immediately before the day of the hearing.

Unless notification of an appearance has been given as provided above, the tentative ruling shall become the ruling of the court the day of the hearing at the beginning of the calendar, absent an objection from an interested party per Probate Code section 1043.    

To Access the Probate Examiner Notes:

• Access the Portal
• Accept the Terms
• Choose Smart Search, insert your case number, and follow all instructions.

To Join Department 23 “Zoom” Online

• Navigate to website: https://sonomacourt-org.zoomgov.com/j/1608254529
• Enter Meeting ID: 160 825 4529
• And Password: 611386

To Join Department 23 “Zoom” By Phone:

• Call: +1 669-254-5252 US (San Jose) and enter the same meeting ID and password as listed above.

Guide for Participating in Court Proceedings via Zoom for Dept 23:

• 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.
• 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.

1. Conservatorship of Jan P. Young
   SPR095641
   Account & Report

Tentative Ruling: The conservator is ORDERED to, within the next 15 days, hand over to the personal representative of the deceased conservatee’s estate in case SPR096894, or her counsel, the following:

-Possession, access and control of all assets of the conservatorship (such as cash, investments, real property, personal property, such as guns, jewelry, and furniture, etc.);
 -all records of the conservatorship estate (such as bank statements, escrow documents, appraisals, etc.); and
-all information necessary to access assets or information about the conservatorship of the estate (such as, passwords to accounts, user names, account numbers, keys, etc.) 

The conservator is SUSPENDED forthwith and is not discharged.  Any claims by the conservator for reimbursement, or fees, etc., are reserved for later determination by the Court in the related estate case.  Any claims against the conservator for waste, fraud or loss of assets of the conservatorship estate are also reserved to the estate of the deceased conservatee.   

This matter is CONTINUED to June 20, 2024, at 3:00 p.m. in Department 23, to confirm receipt by the estate of the items ordered above, and to receive an update from the personal representative of the estate regarding the ability to account for assets of the decedent and further proceed.  Otherwise, the conservatorship case shall now trail the estate case. 

To the extent it is necessary, the personal representative and her counsel in the estate case may seek extraordinary fees for the work related to reconstructing the information necessary to conclude the decedent’s affairs, yet not provided via the conservatorship.  The Court reserves jurisdiction to surcharge the conservator’s beneficial share of the estate for said extraordinary expenses. 

The court clerk is directed to serve a copy of these minutes on counsel in SPR096894.

2. Conservatorship of Madeline H. Martinez
   SPR096804
   Account & Report

Tentative Ruling: CONTINUED to May 24, 2024, at 9:30 a.m. in Department 23, for petitioner to cure the deficiencies listed in the CI Memo filed on April 17, 2024.

3. Conservatorship of Diane Haas
   SPR097714
   Account and Report

Tentative Ruling: The First and Final Account and Report is APPROVED.  Conservator fees are approved in the amount prayed.

Upon filing an ex parte petition for final discharge and order the conservator shall be discharged.

*End of Tentative Rulings*