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Trusts

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. You must inform the clerk concerning your appearance choice: Zoom or in person. 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 Access the Probate Examiner Notes:

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To Join Department 12 “Zoom” Online

To Join Department 12 “Zoom” By Phone:

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

Guide for Participating in Court Proceedings via Zoom for Dept 12:

  • 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.

Tentative Rulings

Honorable Jeanine B. Nadel on behalf of Jennifer V. Dollard
March 27, 2026, at 9:30 a.m.  

  1. Matter of Andrea Gascon Trust
    24PR01140
    Petition for Order Excusing Requirement of Bond

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged December 1, 2025.

 

  1. Matter of The Steckler Kelly Family Trust
    25PR00806
    Petition for Order Confirming Trust Assets

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged July 16, 2025.

 

  1. Matter of The Fomasi Family Trust
    25PR01022
    Second Amendment to Heggstad Petition

Tentative Ruling: LPL Financial is entitled to notice pursuant to California Probate Code §851(a)(2), which requires 30 days’ notice. Per the proof of personal service filed March 12, 2026, LPL Financial was personally served with the necessary documents on March 9, 2026, which is less than 30 days prior to the hearing. The Court is expressly prohibited from shortening the time for notice.  Probate Code § 851(d). As service to LPL Financial was not timely, this matter is CONTINUED to July 2, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an additional opportunity to timely serve code compliant notice to LPL Financial pursuant to California Probate Code §851(a)(2). Alternately, if the petitioner is able to obtain a waiver of notice from LPL Financial, they may file it in advance of the hearing and request to appear at the hearing (in accordance with local rules) to present the waiver to the Court, potentially avoiding the continuance.

 

  1. Matter of The Appleton Family Living Trust
    25PR01372
    Petition to Invalidate Trust Based on Lack of Capacity and Undue Influence; Verified Complaint for Damages for Financial Elder Abuse

Tentative Ruling: This matter is CONTINUED to July 10, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to address the Court’s concerns, as stated below.

This matter became contested on March 24, 2026 by the objections of Jamie Sanches Molina and Elina Bright Appleton Molina. As this is now a contested matter, the parties are ordered to meet and confer in compliance with local rule 6.2.F.2 and filed statements of issues in compliance with local rule 6.2.F.3 at least seven (7) court days in advance of the continued hearing.  

The petition shall state the names and addresses of each person entitled to notice. California Probate Code §17201. The petitioner is directed to serve and file a verified supplement including this information at least seven (7) court days in advance of the continued hearing.

All beneficiaries and all trustees are entitled to notice of this petition. California Probate Code §17203(a)(1)&(2) . The trust names a number of beneficiaries that have not been served. The petitioner is ordered to timely serve code compliant notice of the continued hearing to all beneficiaries and file proof(s) of service.

 

  1. Matter of the Lucienne Lanson Charitable Remainder Trust
    25PR01374
    Petition to Appoint a Successor Trustee of the Lucienne Lanson Charitable Remainder Trust, Dated November 21, 2005

Tentative Ruling: This matter is CONTINUED to July 2, 2026 at 9:30 a.m. in Department 12 for the reasons set forth below.

The proof of service filed March 23, 2026 shows service by mail as of March 9, 2026, which is less than 30 days prior to the hearing. Therefore, service to the beneficiaries was not timely under California Probate Code §17203(a)(2). Also, the incorrect notice of hearing form is used (the DE-115 is used but the correct notice of hearing form is the DE-120.) The petitioner must timely serve code compliant notice of the continued hearing to all necessary people.

Bond is not waived for this proposed trustee. Trust Article IX(A)(3). Bond will be required pursuant to California Probate Code §15602(a)(3). The petition does not address bond. The petitioner is directed to file a verified supplement at least seven (7) court days in advance of the continued hearing addressing the issue of bond and indicating the value of the trust res.

 

  1. Matter of Alice Kent Stephens Trust
    25PR01375
    Amended Petition for Order Confirming Trustee and Trust Assets

Tentative Ruling: An amended pleading or an amendment to a pleading requires the same notice of hearing as the pleading it amends. California Rules of Court Rule 7.53(a). The trust beneficiaries are entitled to 30 days’ notice (See California Probate Code §§851(b)(3) & 17203(a),) but the Proof of Service filed February 27, 2026 shows service as of February 27, 2026, which is less than 30 days’ notice. Service to the beneficiaries was late. The court may not shorten the time for giving the notice of hearing under this section. California Probate Code §851(d). Therefore, this matter is CONTINUED to July 2, 2026 at 9:30 a.m. in Department 12 to allow the petitioner an opportunity to timely serve code compliant notice of the continued hearing to all necessary people.

 

  1. Matter of the Beulah M. Cooper Trust
    SPR85052
    Seventh and Final Account and Report of Special Needs Trustee, and Petition for its Approval, for Payment of Attorney’s Fees, for Payment of Trustee’s Fees, for Termination of Trust, for Discharge of Bond, and for Exoneration of Surety on Bond

Tentative Ruling: The petition is GRANTED. The court will sign the proposed order lodged December 1, 2025.

 

  1. Limited Conservatorship of Gregory Nicholas
    SPR095877
    Petition for Substituted Judgment

Tentative Ruling: This matter is CONTINUED to July 2, 2026 at 9:30 a.m. in Department 12 for the reasons set forth below.

The Court is inclined to grant the petition, but the trust must specifically require accountings to be made in accordance with California Probate Code §§1060 et. seq. and 2620 et. seq. California Rules of Court Rule 7.903(c)(6). This must be reflected in the trust before the Court will grant the petition.

Also, the Court will require the petitioner to serve and file a verified supplement presenting a California Probate Code §2320(c) compliant bond calculation. The supplement must be served and filed at least seven (7) court days in advance of the continued hearing.

The Probate Court’s review of this trust DOES NOT Guarantee Medi-Cal Eligibility or any other Public Benefits provided by any governmental entity. The Probate Court DOES NOT Guarantee that all Federal and State requirement have been met.

The Court will expect that a petition for approval of the ninth account and report will also have been filed at least seven (7) court days prior to the next hearing date.  If one has not been filed, the Court may delay approving the petition for substituted judgment.

 

***End of Tentative Rulings***

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