attention - fresno.courts.ca.gov · amount of $1,240.00 ($525.00 assessed on 9/12/13; $350.00...

Dept. 303, 9:00 a.m. Thursday, January 12, 2017

ATTENTION

Probate cases on this calendar are currently under review by the

probate examiners. Review of some probate cases may not be

completed and therefore have not been posted.

If your probate case has not been posted please check back again later.

Thank you for your patience.

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1 Walter William Lorenz (CONS/PE) Case No. 0253506 Attorney Matlak, Steven M. (for Petitioner Walter M. Lorenz)

Petition for Appointment of Probate Conservator

See petition for details. NEEDS/PROBLEMS/

COMMENTS:

1. Petitioner states the

Conservatee is not

developmentally

disabled as defined in

Probate Code §1420;

however, the Court file

indicates otherwise and

the Conservatee is a

CVRC client. Therefore,

need proof of service of

Notice of Hearing with

a copy of the petition

at least 30 days prior to

the hearing per Probate

Code §1822(e).

2. Petitioner indicates that

the Conservatee also

has a special needs

trust. Need clarification.

3. The Court may require

additional information

re the structure of

Petitioner’s estate plan

that he is requesting the

real property interests

be transferred back to.

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Aff. Posting Reviewed by: skc

Status Rpt Reviewed on: 1/4/17

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 – Lorenz

1


2 James Arron McMurry (Estate) Case No. 07CEPR00367

Attorney: Heather Kruthers (for the Public Guardian)

Probate Status Hearing RE: Report from the Public Administrator

DOD: 11/13/2006 GARREN J. MCMURRY, son, was appointed as

Administrator with Full IAEA, without bond on

5/22/07, and letters issued on that date.

Inventory and appraisal filed on 8/22/07 show

the estate valued at $191,200.00.

Creditor’s Claims filed:

Wells Fargo Card Services - $1,435.08

Chase Bank - $3,120.67

Simpson Group Retirement Fund - $1,248.00

Philips and Cohen for Chase Bank - $1,248.64.

On 9/8/16, Susan K. Arthur was relieved as

attorney of record for Garren J. McMurry.

Garren J. McMurry was removed as

Administrator and the Public Guardian was

appointed. Letters to issue by minute order.

This status hearing was set for a Report from the

Public Administrator.

Status Report filed on 1/5/17 states the minute

order provided no direction for the PA as to

what she was expected to report on 1/12/17.

In reviewing attorney Susan Arthur’s

declaration to be relieved as counsel, no one

has had contact with Garren, his phone is

disconnected, mail to his address is returned,

there is no knowledge of vehicles and the real

property was lost to tax sale.

Deputy Public Administrator Scott Stacy

conducted a search for Garren and found a

possible address. He sent a letter asking

Garren to contact him. The PA has no other

means of locating Garren. In addition, there

are no assets to collect and there was no

bond posted. Without further instructions from

the Court, the PA cannot close this estate and

request a discharge.

NEEDS/PROBLEMS/COMMENTS:

1. Status Report does not

indicate that it was served

on all parties legally

entitled to notice of the

underlying petition. Local

Rule 7.5B.

Note: As of 1/3/17 Letters have

not issued to the Public

Administrator.

Cont. from

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Aff. Posting Reviewed by: KT


UCCJEA Updates:


FTB Notice File 2 – McMurry

2


3 Anthony Kinsey (CONS/PE) Case No. 12CEPR01097 Attorney: Philip M. Flanigan (for Conservator Ian Kinsey)

Petition for Order Approving, Allowing and Settling First Account and Report of Conservator

IAN KINSEY, Conservator, is

petitioner.

Account period: 10/23/14 – 9/21/15

Accounting - $350,969.24

Beginning POH- $0

Ending POH - $223,640.81

Conservator - fees not

requested.

Attorney - $1,025.00 (per

itemization and declaration 4 hours

of paralegal time at $175 per hour

and 1 hour of attorney time at $350

per hour)

Costs - $453.20 (filing

fee and cost of e-filing.)

Current bond: $15,000.00 (not

suffient)

Petitioner prays for an Order:

1. Approving, allowing and

settling the first account;

2. Authorizing the payment of

attorney fee.


1. There are outstanding court

investigation fees due in the total

amount of $1,240.00 ($525.00

assessed on 9/12/13; $350.00

assessed on 12/12/14 and $365.00

assessed on 12/18/15).

2. Petition states the Court granted

the Petition to Approve

Compromise of Disputed Claim

and ordered net settlement

proceeds of $257,680.88 to be

deposited into a Special Needs

Trust. Court may require

clarification as it appears the

settlement proceeds were placed

into the conservatorship estate

and no special needs trust has

been established.

3. Bond should be increased to

$246,000.00. Probate Code §2320

and California Rules of Court, Rule

7.207.

4. Need bank statements pursuant to

Probate Code §2620(c)(2)

5. Petition includes a request for

reimbursement of $18.20 to e-file

this accounting. Local Rule 7.17.B.7

states costs associated with

electronic filing are considered by

the court to be a business expense

and are not reimbursable.

Please see additional page

Cont. from

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UCCJEA Updates:


FTB Notice File 3 – Kinsey

3


3 Anthony Kinsey (CONS/PE) Case No. 12CEPR01097

6. Disbursements show disbursements totaling $16,750.50 stating they are “transfer to credit card due

to Citi mistake.” Need clarification.

7. Several (most) of the disbursements are listed as ATM withdrawal or travel supplies. Probate Code

§1062(b) requires the disbursement schedule to contain the nature purpose of each item.

8. Disbursement schedule includes the purchase of a Nikon camera ($429.98) and a GoPro Video

Camera ($651.37). Both items should be listed on the property on hand schedule.

9. Disbursement schedule includes;

a. Payment of attorney’s fees to The Law Offices of Philip Flanigan in the amount of

$9,797.50.

b. Payment of attorney’s fees to Tomassian, Pimentel & Shapazian Attorneys at Law in the

amount of $80,167.00.

Examiner could not find an order allowing said fees. California Rules of Court, Rule 7.755 (a)

states a conservator must neither pay nor receive and the attorney for the conservator must

not receive any payment from the estate of the conservatee for services rendered in

advance of a court order.

Note: If the petition is granted, status hearings will be set as follows:

Wednesday, February 15, 2017 at 9:00 a.m. in Department 303, for the filing of the increased bond

or receipt for blocked account, if required.

Wednesday, November 15, 2017 at 9:00 a.m. in Department 303, for the filing of the second

account.

Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status

hearing will come off calendar and no appearance will be required.


4 Leah Michelle Sanders (GUARD/PE) Case No. 14CEPR00952 Guardian: Rebecca Kerr (pro per)

Probate Status Hearing Re: Filing of the Annual or Biennial Account

REBECCA KERR, maternal aunt, was

appointed Guardian of the Estate

on 11/12/15; Letters issued 11/16/15.

Per Minute Order of 11/12/15, the

minor was to receive half of an

approx. $8,000 benefit. Receipt for

blocked account filed 5/25/16

reflects that $3,241.00 was deposited

into a blocked account at the

Fresno County Federal Credit Union.

Inventory and appraisal filed on

10/5/16 shows the estate valued at

$3,421.00.

The Court set this status hearing re

the filing of for the filing of the first

account and sent notice to Ms. Kerr

on 8/1/16.


1. Need First Account or current written

status report pursuant to Local Rule

7.5 which states in all matters set for

status hearing verified status reports

must be filed no later than 10 days

before the hearing. Status Reports

must comply with the applicable

code requirements. Notice of the

status hearing, together with a copy

of the Status Report shall be served

on all necessary parties.

Cont. from

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UCCJEA Updates:


FTB Notice File 4 – Sanders

4


5 Raymond Pirie (CONS/PE) Case No. 14CEPR01089 Attorney: Gary Bagdasarian (Petitioner/Court Appointed Attorney for Conservatee)

Attorney: J. David Petrie (Co-Counsel of Gary Bagdasarian)

Attorney: Heather H. Kruthers (for Public Guardian, Conservator)

Ex Parte Application for First Amended Order Approving Compensation of

Attorneys for Representation of Conservatee.

GARY BAGDASARIAN and J. DAVID

PETRIE, attorneys, are petitioners.

Petitioners state the Court entered its

Order Approving Compensation of

Attorneys for Representation of

Conservatee on 9/15/16.

As reflected in the Petition for

Compensation for Representation of

Conservatee, the services rendered

by J. David Petrie as trial counsel

were from August 13, 2015 through

March 25, 2016. However, attached

as Exhibit “A” are additional services

rendered by J. David Petrie from

April 4, 2016 through May 17, 2016

totaling $2,470.00 which were

inadvertently left out of the petition.

Therefore, request is made that a

First Amended Order Approving

Compensation of Attorneys for

Representation of Conservatee be

entered in the form provided herein,

wherein the Fresno County Public

Guardian, as Conservator of the

Person and Estate of Raymond

Petrie, be directed to Petrie

Dorfmeier, LLP in the sum of

$33,765.00 (being the original

amount requested on $31,295.00

plus $2,470.00) and the sum of

$1,768.70 for costs advanced or a

total of $35,533.70 for the period of

August 13, 2015 through May 17,

2016.

Declaration of Public Guardian filed

on 10/12/16 states they have no

objection to the additional fee

request.


Continued from 11/17/16. Minute

order states matter is continued to

address the issues raised by the

examiner; any additional paperwork is

to be filed by 1/5/17. The Court

indicates that it is not inclined to grant

any fees asked for after the trial date.

Cont. from 111716

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UCCJEA Updates:


FTB Notice File 5 – Pirie

5


6 Charlotte Marie Inman (Estate) Case No. 15CEPR00279 Attorney Horton, Lisa (for Administrator Bruce Bickel)

Status RE: Filing of the First or Final Account

DOD: 1/23/15 BRUCE BICKEL was appointed Administrator

with Full IAEA with bond of $215,000.00 on

9/23/15. Bond was filed 10/6/15 and Letters

issued 10/9/15.

At the hearing on 9/23/15, the Court set this

status hearing for the filing of the first or final

account.

Partial I&A was filed 9/1/16. Final I&A was filed

11/8/16.

Status Hearing Report filed 11/15/2016 states:

Decedent’s conservatorship action which

had legal control over the decedent‘s assets

had not concluded; Mr. Bickel listed the real

property for sale and has received multiple

offers; he expects to be accepting an offer

very soon; the small lot in Florida can be

handled via summary administration;

Attorney Horton has already found names of

attorneys that can handle the summary

Administration; she requests this status hearing

be continued out for 6 months.


Minute Order 11/17/16:

Ms. Horton requests 6 months,

representing that there are

currently 5 offers on the Fresno

home. The Court admonishes

that it expects said property to

be sold by 1/12/17.

1. Need first account or

petition for final distribution

pursuant to Probate Code

§12200 or written status

report pursuant to Local

Rule 7.5.

Cont. from 111716

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UCCJEA Updates:


FTB Notice File 6 – Inman

6


7 Daniel J. and Virginia L. Duggan Revocable Trust Case No. 15CEPR00308 Attorney Perryman, Mark D. (for Petitioner Mark Duggan)

Attorney Pimentel, Paul J. (for Respondent Daniel J. Duggan)

Status RE: Trial Readiness

Virginia L. Duggan

DOD: 4/17/12

MARK DUGGAN, Remainder Beneficiary

of Trust B, the irrevocable trust created

under the Daniel J. Duggan and

Virginia L. Duggan Revocable Living

Trust dated 5/31/11, filed a Petition for

Findings and Orders to Compel an

Accounting or Provide Information on

the Trust; Confirm the Creation and

Funding of Trust B; and Instructions on

Validity of Trust Amendment on 3/24/15.

On 4/11/16, DANIEL J. DUGGAN, Co-

Settlor and Successor Trustee, filed his

First and Final Account of Trust B on

4/11/16. (Mark Duggan filed objections

5/24/16.)

Also on 4/11/16, MARK DUGGAN filed a

Petition for Breach of Trust; Instructions,

Redress, and Removal/Suspension of

Trustee. (Daniel J. Duggan filed his

Response on 5/26/16.)

On 5/26/16, the Court set status hearing

re trial setting FOR 9/8/16.

On 9/8/16, the matter was set for trial on

2/14/17 with a 2-day time estimate, and

the Court set this status hearing re Trial

Readiness.


As of 12/23/16, nothing further has

been filed.

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UCCJEA Updates:


FTB Notice File 7 – Duggan

7


8 Catarino Garcia (Estate) Case No. 15CEPR01126 Attorney Krbechek, Randolf (for Admnistrator Juanita Salinas)

First and Final Account and Report of Executor and Petition for Its Settlement, for

Allowance of Attorneys' Fees and Commission to Administrator, and for Final Distribution

DOD: 4/25/13 JUANITA SALINAS, Administrator with

Will Annexed with Limited IAEA without

bond, is Petitioner.

Account period: 4/19/16 – 11/7/16

Accounting: $60,095.14

Beginning POH: $42,500.00

Ending POH: $52,928.04 (cash)

Administrator (Statutory): $2,403.81

Administrator (Reimburse): $7,890.70

(funeral expenses, filings, publications,

appraisals, e-filing charges)

Attorney (Statutory): $2,403.81

Attorney (Extraordinary): $1,000.00 (per

Local Rules, for court-confirmed sale of

the real property)

Distribution pursuant to Decedent’s will:

Catarino Garcia, Jr.: $5,604.25

Paula Garcia: $5,604.25

Alberto Garcia: $5,604.25 Maria Candelaria Garcia: $5,604.25

Luis Manuel Garcia: $5,604.25

Eriberto Cintora: $5,604.25

Marcie Villalpando: $5,604.25


1. Notice to the CA Victim

Compensation and Government

Claims Board with reference to

heir Eriberto Cintora was mailed

on 11/7/16. Probate Code

§9202(b) allows four months after

receipt of notice for response;

therefore, need continuance to at

least mid-March 2017.

2. The Court may disallow

reimbursement of $26.63 in

e-filing charges pursuant to Local

Rule 7.17.B.7.

3. Need revised order. See Local

Rule 7.6.1.F. Some portion of the

contents of the order must appear

on the page upon which the

judge’s signature is affixed.

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UCCJEA Updates:


FTB Notice File 8 – Garcia

8


9 Orie E. Myers (Estate) Case No. 16CEPR00236 Attorney Baldwin, Kenneth A. (for Blanche Welliver – Administrator)

First and Final Account and Report of Administrator with Will Annexed and Petition for Its

Settlement, for Allowance of Statutory and Extraordinary Commissions Due Administrator WWA

and Allowance of Statutory and Extraordinary Fees Due Attorneys, and for Final Distribution of

Estate Under Will and Distribution to County Treasurer

DOD: 10/19/15 BLANCHE WELLIVER, Sister and

Administrator with Full IAEA with bond

of $140,000.00, is Petitioner.

Account period: 10/19/15 – 10/29/16

Accounting: $95,000.00

Beginning POH : $95,000.00

Ending POH: $75,137.23 (cash)

Administrator (Statutory): $3,676.00

Administrator (Extraordinary): $1,000.00

(cleanup, repair, sale of real property)

Attorney (Statutory): $3,676.00

Attorney (Extraordinary): $1,446.00

(diligence re locating missing heirs, sale

of real property)

Costs: $1,358.00 (filing fees, certified

copies of Letters and final order for

distribution, publication)

Closing: $1,500.00

Distribution pursuant to Decedent’s will

and Probate Code §11850:

Blanche Welliver: $20,827.07

Fresno County Treasurer for Missing Heir

Michael Dean Myers: $20,827.08

Fresno County Treasurer for Missing Heir

Dianne Marie Myers: $20,827.08


Note: See file re diligence to locate

missing heirs.

1. Disbursements Schedule indicates

Petitioner reimbursed herself $500

that she advanced for the filing

fee and certified copies of letters;

however, the attorney appears to

indicate at Paragraph 18 that

such fees ($435 plus $51, total

$486) have not been reimbursed.

The Court may require

clarification or may reduce the

$1,358.00 requested in costs by

$500.00 that was advanced by

Petitioner and reimbursed to her

from the estate already for total

reimbursement of $858.00.

Note: This could affect either the

share calculations or the closing

reserve. The Court may require a

revised order.

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UCCJEA Updates:


FTB Notice File 9 – Myers

9


10 Justin Marbry, Samantha Marbry, Charlotte Marbry (GUARD/P) Case No. 16CEPR00449 Petitioner: Mary Parfenova (Pro per – Aunt)

Petition for Appointment of Guardian of the Person

(as to Samantha & Charlotte only)

TEMPORARY EXPIRES 1/12/2017

MARY PARFENOVA, maternal aunt, is

petitioner.

Court Investigator report filed 7/8/2016.

Please see petition for details.


Petition is as to SAMANTHA

and CHARLOTTE only. (Non-

competing petitioner Amie

Ward was appointed guardian

of Justin on 8/9/2016.)

Minute order dated 5/26/2016

states both parents consent in

open court. The Court orders

supervised visitation for the

parents every Saturday from 11

am – 1 pm. No other parties shall

attend the visits and Mary

Parfenova is to stay within

eyesight and hearing distance

at all times. The Court orders

there is to be no discussion of this

matter nor any disparaging

comments about the other

parties made to, or in front of,

the minor(s).

Cont. from 071416,

081816, 111716

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Aff. Posting Reviewed by: SEF


✔ UCCJEA Updates:


FTB Notice File 10- Marbry

10


11 Louise Sample (Estate) Case No. 16CEPR00464 Attorney Williams, Steven R. (for Eddie Sample – Administrator)

Probate Status Re: Filing Inventory & Appraisal

DOD: 11/26/2015 EDDIE SAMPLE, son, was appointed as

Administrator without IAEA authority

and with bond set at $5,000.00 on

6/20/2016.

Bond filed in the amount of $5,000.00 on

07/21/2016.

Letters issued on 08/25/2016.

Inventory and Appraisal Partial No. 1

was filed 08/04/2016 showing an estate

valued at $145,000.00.

Inventory and Appraisal Partial No. 2

was filed 08/04/2016 showing an estate

valued at $2,759.15.

Minute Order dated 6/20/2016 from the

hearing on the appointment set a

status hearing on 7/20/2016 for the filing

of the Inventory and Appraisal.


1. Need Final Inventory and

Appraisal or current written status

report pursuant to Local Rule 7.5

which states in all matters set for

status hearing verified status

reports must be filed no later than

10 days before the hearing.

Status Reports must comply with

the applicable code

requirements. Notice of the status

hearing, together with a copy of

the Status Report shall be served

on all necessary parties.

Cont. from

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Aff. Posting Reviewed by: LV


UCCJEA Updates:


FTB Notice File 11 – Sample

11


12 Izzabella Bulmer (GUARD/PE) Case No. 16CEPR00643 Attorney: Judith A. Barron (for Guardian Anita Langdon)

Probate Status Hearing RE: Receipt for Blocked Account

ANITA LANGDON, maternal

grandmother, was appointed

guardian of the estate on 12/8/16.

Letters issued on 12/21/16.

Order dated 12/8/16 ordered

$123,900.00 to be placed into a

blocked account.

This status hearing was set for the

filing of the receipt for blocked

account.


1. Need receipt for blocked

account or current written status

report pursuant to Local Rule 7.5

which states in all matters set for

status hearing verified status

reports must be filed no later than

10 days before the hearing.

Status Reports must comply with

the applicable code

requirements. Notice of the status

hearing, together with a copy of

the Status Report shall be served

on all parties who are legally

entitled to notice of the

underlying petition.

Cont. from

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UCCJEA Updates:


FTB Notice File 12 – Bulmer

12


13 Weldon Lytton (Det. Succ) Case No. 16CEPR01009 Attorney Petty, Teresa B. (for Petitioners)

Amended Petition to Determine Succession to Real Property

DOD: 6/1/16 SAMUEL LYTTON, JULIE ANN LYTTON, and

KATHLEEN LYTTON GRANT, adult children

of the decedent, are Petitioners.

40 days since DOD

No other proceedings

I&A: $100,000.00 (Real property located

at 904 Third Street in Clovis)

Will dated 2/10/89 devises the entire

estate to Decedent’s children equally.

(Petitioners indicate no issue of

predeceased child.)

Codicil dated 12/27/06 makes

additional specific gifts of $7,500.00

cash each (or by assets of equal value)

to the decedent’s three

granddaughters, Megan Lee Grant,

Casey Grant, and Sydney A. Lytton.

Petitioners request Court determination

that the real property passes to them in

1/3 undivided interests each.


1. The 12/27/06 Codicil to the

decedent’s will makes specific

bequests of $7,500.00 each to

three granddaughters, Megan

Lee Grant, Casey Grant, and

Sydney A. Lytton (a minor),

totaling $22,500.00.

The Codicil states: “This amount

may be forwarded by assets of

equal value, or cash, upon the

disposal of assets.”

Therefore, need verification that

such specific bequests have

been distributed (receipts);

otherwise, it does not appear that

the residue (the real property)

can pass to Petitioners and may

require liquidation for distribution

of the specific bequests, which is

outside the scope of a summary

proceeding, or further

amendment to include all heirs,

which may further require

appointment of a guardian of the

estate or guardian ad litem to

represent the minor heir in such

petition.

2. If this petition goes forward, need

Order. Local Rule 7.1.1.F.

Cont. from 110916

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UCCJEA Updates:


FTB Notice File 13 – Lytton

13


14 Elexis Rodriguez, Jacob Rodriguez (GUARD/P) Case No. 16CEPR01012 Petitioner Gonzalez, Kathleen R (Pro per – Step-mother)

Petitioner Parra, Sabrina A (Pro per – Sister) Petition for Appointment of Guardian of the Person

Elexis 15 years TEMPORARY EXPIRES 01/12/2017

KATHLEEN GONZALEZ and SABRINA PARRA, step-

mother and sister, are petitioners

Please see petition for details


Minute Order of 12/01/2016:

Father, Robert Rodriguez,

represents that he was noticed.

Minute Order of 10/11/2016 re

Temporary Petition: The Court

orders that there be no visits to

the father until he appears before

the Court.

1. Need proof of service fifteen

(15) days prior to the hearing

of the Notice of Hearing

along with a copy of the

Petition for Appointment of

Guardian or consent and

waiver of notice or

declaration of due diligence

for:

Rogenia Reyes

(Maternal

Grandfather)

Jacob 14 years

Cont. from 120116

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

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✔ Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf. Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

✔ CI Report

9202

✔ Order



✔ UCCJEA Updates:


FTB Notice File 14- Rodriguez

14


15 Leonardo Alvarez (GUARD/P) Case No. 16CEPR01122 Petitioner Lopez, Guadalupe H Verdugo (Pro Per – Maternal Uncle)

Petitioner Verdugo, Yessica (Pro Per – Maternal Aunt) Petition for Appointment of Guardian of the Person

Age: 5 mos NO TEMPORARY REQUESTED

GUADALUPE H. VERDUGO, and YESSICA

VERDUGO, maternal uncle and aunt, are

petitioners.

Please see petition for details


1. Need Notice of Hearing.

2. Need proof of personal service fifteen

(15) days prior to the hearing of the

Notice of Hearing along with a copy

of the Petition for Appointment of

Guardian or consent and waiver of

notice or declaration of due

diligence for:

Father (Not Listed)

3. Need proof of service fifteen (15)

days prior to the hearing of the

Notice of Hearing along with a

copy of the Petition for

Appointment of Guardian or

consent and waiver of notice or

declaration of due diligence for:

Paternal Grandparents (Not

Listed)

Maternal Grandfather (Not

Listed)

Hermila Herrera (Sibling)

Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

✔ Conf.

Screen

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Objections

Video

Receipt

✔ CI Report

9202

✔ Order



✔ UCCJEA Updates:


FTB Notice File 15 – Alvarez

15


17 Richard Ortiz, JR (GUARD/P) Case No. 16CEPR01144

Petitioner Britten-Padilla, Brittany (Pro Per – Maternal Aunt – Petitioner)

Petition for Appointment of Guardian of the Person

See petition for details. NEEDS/PROBLEMS/COMMENTS:

Minute Order 11/16/16 (Temp):

Petitioner represents that the

parents were present in court

this morning prior to a brief

recess. The Court orders that

Petitioner has the legal

authority to go pick the minor

back up, and there shall be no

visits to either parent until they

appear before the Court.

1. Need Notice of Hearing.

2. Need proof of personal

service of Notice of Hearing

for this general hearing with

a copy of the petition at

least 15 days prior to the

hearing per Probate Code

§1511 on:

- Richard M. Ortiz (Father, if

diligence not found)

- Brianna Britten (Mother)

3. Need proof of service of

Notice of Hearing with a

copy of the petition at least

15 days prior to the hearing

per Probate Code §1511 on:

- Rudy Ortiz (Paternal

Grandfather)

- Christina Ortiz (Paternal

Grandmother)

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv. x

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

Clearances

Order



UCCJEA Updates:


FTB Notice File 17 – Ortiz

17


18A Frances Wharff (CONS/PE) Case No. 16CEPR01151 Attorney: Lisa Horton (for Petitioner Philip Oliver)

Petition for Conservator of the Person and Estate

TEMPORARY EXPIRES 1/12/2017

PHILIP L. OLIVER, brother, is Petitioner

Please see petition for details.


Continued from 12/15/16.

Minute order states counsel

represents that the difference

in the monies is due to the

Conservatee’s care and

fluctuation in the market. The

Court orders that an

itemization of the changes be

filed by 1/5/17.

Court Investigator Advised

Rights on 12/1/16.

Voting Rights Affected need

Minute Order.

1. Blocking order for the

temporary conservatorship

ordered $90,720.90 to be

placed into a blocked

account. The current order

has $87,506.80 to be

placed into a blocked

account.

Please see additional page

Cont. from 121516

Aff.Sub.Wit.

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Receipt

CI Report

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✔ Order



UCCJEA Updates:

✔ Citation Recommendation:

FTB Notice File 18A- Wharff

18A


18A Frances Wharff (CONS/PE) Case No. 16CEPR01151

Note: If the petition is granted, status hearings will be set as follows:

Wednesday, April 19, 2017 at 9:00 a.m. in Department 303, for the filing of the inventory and

appraisal.

Wednesday, March 21, 2018 at 9:00 a.m. in Department 303, for the filing of the first account.

Pursuant to Local Rule 7.5 if the required documents are filed 10 days prior the date set the status

hearing will come off calendar and no appearance will be required.


18B Frances Wharff (CONS/PE) Case No. 16CEPR01151 Attorney: Lisa Horton (for Temporary Conservator Philip Oliver)

Probate Status Hearing re: Proof of Funds in a Blocked Account

PHILIP L. OLIVER, brother, was appointed

temporary conservator of the person

and estate on 11/17/16.

Order to Deposit Money into Blocked

Account was signed on 11/21/16.

This status hearing was set for the filing

of the receipt for blocked account.

Status Report filed on 12/13/16 states

there were some issues with the legal

department at Wells Fargo Advisors.

The attorney is working with Wells Fargo

Advisors to set up the blocked account

once the general conservatorship is

granted. The attorney requests the

status hearing be continued for 30 days.


Continued from 12/15/16. Minute

order states counsel represents that

the difference in the monies is due to

the Conservatee’s care and

fluctuation in the market. The Court

orders that an itemization of the

changes be filed by 1/5/17.

1. Need Receipt for Blocked

Account

Cont. from 121516

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 18B- Wharff

18B


19 Gwendolyn Williams (Det. Succ) Case No. 16CEPR01159 Attorney: Philip M. Flanigan (for Vernay Boddie and Lanell Williams – Petitioners)

Petition to Determine Succession to Real Property

DOD: 11/26/2011 VERNAY BODDIE and LANELL

FRANCEITA WILLIAMS, daughters, are

petitioners

40 days since DOD


I&A - $70,000.00

Decedent died intestate

Petitioners request court determination

that decedent’s 100% separate

interest in real property located at

1823 W. La Sierra Drive in Fresno pass

to them in equal separate property

interest (50% each) as tenants in

common.


1. The petition was not signed by

co-petitioner, LaNell Williams.

(It appears Ms. Williams may be

post-deceased – please see

related page 20.) In order to use

this procedure, all heirs entitled to

succeed to decedent’s real

property must petition together.

2. Per item 1, above, if LaNell

Williams is deceased, only a duly

appointed personal

representative may sign the

petition on her estate’s behalf.

(This can be a Special

Administrator appointed for the

sole purpose of signing this

petition.)

3. Item 9a(2)(b) of petition indicates

decedent has a deceased

spouse. Need date of death of

deceased spouse pursuant to

Local Rule 7.1.1D.

4. Need orders.

Cont. from

Aff.Sub.Wit.

Verified x

✔ Inventory

✔ PTC

Not.Cred.

✔ Notice of

Hrg

✔ Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

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Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 19 – Williams

19


20 LaNell Williams (Det. Succ) Case No. 16CEPR01158 Attorney: Philip M. Flanigan (for Leairies Williams – Petitioner)

Petition to Determine Succession to Real Property

DOD: 1/8/2016 LEAIRIES WILLIAMS, son, is petitioner

40 days since DOD


I&A - $47,500.00


Petitioner requests court determination

that decedent’s 50% separate interest

in real property located at 1823 W. La

Sierra Drive in Fresno pass to him as

tenants in common.


Note: This petition appears

contingent on the petition on page 20 being granted (re: this

decedent’s mother’s interest in real

property passing to this decedent).

However, please see procedural

issues noted in that matter.

1. Need orders.

Cont. from

Aff.Sub.Wit.

✔ Verified

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Receipt

CI Report

9202

Order x



UCCJEA Updates:


FTB Notice File 20 – Williams

20


21 Donald C. Klein Living Trust under declaration of Trust dated 10/21/10

Case No. 16CEPR01161 Attorney: John Hastrup (for Petitioners Annette Klein and Natalie Berrett)

Petition to Determine Trust Interest Over Real Property

ANNETTE KLEIN and NATALIE BERRETT, Co-

Trustees, are petitioners.

Petitioners state DONALD C. KLEIN

(“Deceased Settlor”) created the

DONALD C. KLEIN Living Trust on 10/21/10.

Settlor attached and referred in the Trust

to a Schedule A, which set forth property

that the Deceased Settlor owned and

which he intended to set aside and hold

in the Trust, including his residence on W.

Sierra Avenue in Fresno (“Residence”).

Petitioners believe and thereon allege

that the current fair market value of the

Residence is $300,000.00.

The Deceased Settlor died on May, 18,

1016.

At the time of his death, title to the

Residence stood in the name of the

Deceased Settlor, because the

Deceased Settlor had not executed nor

recorded a Deed conveying the property

into his living trust as intended.

In contravention to the record title

ownership in the individual name of the

Deceased Settlor, the purpose of this

petition is to establish that the Residence

was held by the Deceased Settlor as

Trustee and was an asset of the Trust

notwithstanding the absence of a

specific and separate conveyance of the

Residence to the Trust apart from the

above mention Schedule and, and is

therefore not subject to administration in

the Deceased Settlor’s Estate.

Please see additional page.


Cont. from

Aff.Sub.Wit.

✔ Verified

Inventory

PTC

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Hrg

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Aff.Pub.

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Conf.

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Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:


FTB Notice File 21 – Klein

21


21 Donald C. Klein Living Trust under declaration of Trust dated 10/21/10

Case No. 16CEPR01161

Petitioners are informed and believe and thereon allege that the Deceased Settlor did not execute

and record a Grant Deed to publicly change the title to the Residence because he did not believe

that it was necessary given the fact that the Residence was clearly identified, by the trust document

itself, as property held by and belonging to the Trust and subject to administration thereunder.

Petitioners are informed and believe and thereon allege that there exists a Deed of Trust against the

Residence, the beneficial interest in which appears to be held by WILLIAM A ALMEIDA and VIRGINIA

A. ALMEIDA. The known creditors of the Decedent appear to be the following:

a) U.S. Department of the Treasury – Internal Revenue Service, in the total amount of $17,651.80;

b) State of California Board of Equalization, in the totaling $1,469,449.47;

c) State of California Franchise Tax Board in the sum of $111,667.88;

d) Asset Acceptance LLC, Judgment amount of $5,027.70.

Upon a proper finding that the Residence was and is held in the Trust at the time of the Deceased

Settlor’s death, the Petitioners, as successor Co-Trustees of the Trust, intend to sell the Deceased

Settlor’s residence as the fair market value, and to invite the mortgage holders and creditors to make

their claims in escrow and collect the amounts to which they are entitled according to their

respective priorities under the law.

Wherefore, Petitioners pray for an Order of this Court as follows:

1) The Declaration of Trust executed by DONALD C. KLEIN on October 21, 2010 is a valid and

existing Trust, and the Residence on West Sierra Avenue in Fresno was and is an asset of the

said Trust at the time of the Deceased Settlor’s death and should be held, administered and

distributed thereunder by the successor Co-Trustee’s of the Trust, namely ANNETTE KLEIN and

NATALIE BERRETT.


23 Trinidad Garza (Det. Succ) Case No. 16CEPR01165 Attorney: Gary G. Bagdasarian (for Petitioners)

Petition to Determine Succession to Real and Personal Property

DOD: 5/14/16 NORA BERUMEN, NOEMI G. PINA,

NELDA G. MARTINEZ and FELIPE

GARZA, children, are petitioner.

40 days since DOD.

No other proceedings.

Will dated: ?

I & A - $120,104.99

Petitioners requests Court

determination that decedent’s

100% interest in real property and

funds held at Educational

Employees Credit Union pass to

them in equal shares pursuant to

Decedent’s Will.


1. Need date of death of

deceased spouse. Local Rule

7.1.1D

2. #5 of the petition states

decedent died testate, however

a copy of the decedent’s will

was not attached as required.

Cont. from

Aff.Sub.Wit.

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Inventory

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Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:


FTB Notice File 23 – Garza

23


24 Mildred Lorane Churchill (Estate) Case No. 16CEPR01206 Attorney: Robert L. Cohen (for Petitioner Janet Churchill)

Petition for Probate of Will and for Letters of Testamentary Authorization to

Administer Under the Independent Administration of Estates Act

DOD: 9/12/16 JANET CHURCHILL, named executor

without bond, is petitioner.

Limited IAEA – o.k.

Will dated: 7/23/16

Residence: Reedley

Publication: Reedley Exponent

Estimated value of the estate:

Personal property - $300,000.00

Probate Referee: Steven Diebert.


Note: If the petition is granted,

status hearings will be set as

follows:

Wednesday, June 14, 2017 at

9:00 a.m. in Department 303,

for the filing of the inventory

and appraisal.

Wednesday, March 21, 2018 at


for the filing of the first account

or petition for final distribution.

Pursuant to Local Rule 7.5 if the

required documents are filed 10

days prior the date set the status

hearing will come off calendar

and no appearance will be

required.

Cont. from

Aff.Sub.Wit. S/P

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

✔ Aff.Mail W/O

✔ Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:

Citation Recommendation: SUBMITTED

FTB Notice File 24 – Churchill

24


25 Henry Hart (Estate) Case No. 16CEPR01220 Attorney: James J. Mele (pro per)

Petition for Probate of Will and for Letters Testamentary Authorization to

Administer Under the Independent Administration of Estates Act

DOD: 10/22/16 JAMES J. MELE is petitioner.

Decedent’s will names the then acting

trustee of the Henry Hart Living Trust as

Executor without bond. Declaration of

Trust identified James J. Mele as the

current trustee of the Henry Hart Living

Trust.

Full IAEA – o.k.

Will dated: 12/4/14

Residence: Fresno

Publication; Fresno Business Journal

Estimated value of the estate:

Personal property - $290,000.00

Income - $ 2,900.00

Total - $292,900.00

Probate Referee: Steven Diebert


Note: If the petition is granted,

status hearings will be set as

follows:

Wednesday, June 14, 2017 at


for the filing of the inventory

and appraisal.

Wednesday, March 21, 2018

at 9:00 a.m. in Department

303, for the filing of the first

account or petition for final

distribution.

Pursuant to Local Rule 7.5 if the

required documents are filed 10

days prior the date set the status

hearing will come off calendar

and no appearance will be

required.

Cont. from

Aff.Sub.Wit. S/P

✔ Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

✔ Aff.Mail W/

✔ Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✔ Letters

✔ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✔ Order



UCCJEA Updates:


FTB Notice File 25 – Hart

25


27 Artis M Bender (Estate) Case No. 16CEPR01225 Attorney Johnson, Summer A. (for Petitioner Cynthia Howerton)

Petition for Letters of Administration Authorization to Administer Under the IAEA

DOD: 8/12/16 CYNTHIA HOWERTON, Daughter, is

Petitioner and requests appointment as

Administrator with Full IAEA without bond.

All heirs waive bond.

Full IAEA – ok


Residence: Fresno

Publication: Business Journal

Estimated value of estate:

Personal property: $207,000.00

Probate Referee: Steven Diebert

(due to assignment in related

conservatorship matter)


Note: Petitioner was Conservator

of the Person and Estate in

16CEPR00490.

Note: The Court will set status

hearings as follows:

Thursday, June 8, 2017 for filing

the Inventory and Appraisal

Thursday, March 8, 2018 for

filing the first or final account

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of

Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 27 – Bender

27

attention - fresno.courts.ca.gov · amount of $1,240.00 ($525.00 assessed on 9/12/13; $350.00...

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