Marin Superior Court Probate Calendar Tentative Rulings
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1 Marin Superior Court Probate Calendar Tentative Rulings *** DECEMBER 3, 2018 *** DEPARTMENT J, COURTROOM J JUDGE KELLY V. SIMMONS *** Probate tentative rulings will be posted by noon on the court day preceding the hearing. *** Pre-granted orders from the 9:00 AM hearing will be available at 11:00 AM the same day. Pre-granted orders from the 1:30 PM hearing will be available at 2:00 PM the same day. *** To schedule an ex parte matter contact the probate examiner. *** Probate Examiner: Tel: (415) Fax: (415) dean_ross@marincourt.org
2 %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 9:00 AM #1. PR , SHERYL F. CABRAL, ESTATE OF PETITION BY ADMINISTRATOR TO ESTABLISH ESTATE S CLAIM OF OWNERSHIP TO PROPERTY; FOR ODER DIRECTING ITS TRANSFER TO ESTATE AND AWARDING TWICE THE VALUE OF THE PROPERTY, ATTORNEYS FEES AND COSTS TO THE ESTATE; AND FOR ORDER COMPELLING TRUSTEE TO FURTHER ACCOUNT filed for Patrick E. Cabral Continued to Feb 4, 2018 at 9:00 AM by stipulation. #2. PR , DOLORES WOODS, ESTATE OF FIRST AND FINAL ACCOUNT OF ADMINISTRATOR AND PETITION FOR FINAL DISTRIBUTION filed for Dinah P. Miller If no objection is raised then the matter is pre-granted and no appearance is necessary. Case is disposed. #3. PR , JOSEPH STRAKOWSKI, ESTATE OF PETITION FOR SETTLEMENT OF FIRST AND FINAL ACCOUNT AND FINAL DISTRIBUTION AND FOR ALLOWANCE OF COMPENSATION TO ADMINISTRATOR FOR PERSONAL EXPENSES AND ORDINARY SERVICES AND FOR ALLOWANCE OF COMPENSATION TO ATTORNEY FOR ORDINARY SERVICES filed for Jean Ann Null Continued to Jan 14, 2019 at 9:00 AM for further review. #4. PR , SIDNEY TILSON KEEL, JR., ESTATE OF PETITION FOR FINAL DISTRIBUTION AND FOR ALLOWANCE OF ATTORNEY S FEES filed for Patricia W. Keel Case is disposed.
3 #5. PR , BARBARA L. BARRETT, TRUST OF STATUS CONFERENCE #6. PR , HANNELORE MATHON, ESTATE OF PETITION FOR FINAL DISTRIBUTION AND WAIVER OF ACCOUNTING filed for Klaus Kelterborn Off calendar by request of petitioner. Status report ( 12200) shall be filed by Jan 31, #7. PR , MICHAEL M. FEDOROFF, ESTATE OF FIRST AND FINAL ACCOUNT AND REPORT OF ADMINISTRATOR AND PETITION FOR ITS SETTLEMENT, FOR ALLOWANCE OF COMPENSATION TO ADMINISTRATOR AND ATTORNEY FOR ORDINARY SERVICES AND ALLOWANCE OF COMPENSATION TO ADMINISTRATOR FOR EXTRAORDINARY SERVICES AND FOR FINAL DISTRIBUTION filed for Yuri Fedeoroff Administrator shall be reimbursed at $50 per hour for manual labor giving extraordinary fees of $18,970. Each heir will receive a distribution of $618, Case is disposed. #8. PR , TOBIN TRUST 1) PETITION FOR APPROVAL OF SECOND AMENDED ACCOUNTING FOR PERIOD FROM FEBRUARY 1, 2016 THROUGH MARCH 5, 2018 filed for Ronald C. Tobin 2) STATUS
4 #9. PR , JANET M. PASHA, ESTATE OF FIRST AND FINAL REPORT OF CO-EXECUTORS ON WAIVER OF ACCOUNT AND STATUTORY COMPENSATION TO ATTORNEYS AND FOR FINAL DISTRIBUTION filed for George W. Pasha IV and Maureen Pasha Larson Case is disposed. #10. PR , DONN R. SCHOENMANN, ESTATE OF 1) PETITION FOR ORDER TO ESTABLISH ESTATE S CLAIM OF OWNERSHIP TO PROPERTY; DIRECTING ITS TRANSFER OF ESTATE; ENFORCING AGREEMENT; FOR DAMAGES AND FOR ATTORNEY FEES filed for Stuart Gordon Schoenmann 2) HEARING ON DEMURRER TO EXECUTOR S PETITION file for 920 Powell St., LLC 3) EVIDENTIARY HEARING 1. Petition for Instructions regarding the sale of property filed by Lynn Schoenman is dismissed as moot and because L. Schoenmann lacks standing. 2. Executor s request to Order Sherwood Kingsley (CPA) to provide executor all of decedent s files will be granted. 3. Executor is to provide a status report concerning his ability to marshal the assets. 4. Tentative decision is to grant 920 Powell s demurrer. All parties agree (and the deed shows) that the property was held as community property. L. Schoenmann has sold her interest in the property (whatever that interest may be) to 920 Powell. Because Lynn Schoenman has sold whatever interest she may have had to 920 Powell, she is no longer a participant in the probate matter, and lacks standing. 5. If the court (after further discussion) denies the demurrer, we will set an evidentiary hearing on the 850 Petition.
5 #11. PR , ERIC EDWARD ROSENQUIST, ESTATE OF FIRST AND FINAL REPORT OF EXECUTRIX OF ESTATE ADMINISTRATION, PETITION FOR JUDGMENT OF FINAL DISTRIBUTION ON WAIVERS OF ACCOUNTING AND PETITION FOR ALLOWANCE OF COMPENSATION TO EXECUTRIX ATTORNEY AND WAIVER OF EXECUTRIX COMPENSATION filed for Deborah Diane Rosenquist Case is disposed. #12. PR , ALAN R. PATTERSON, TRUST OF 1) PETITION TO CONFIRM TITLE TO REAL PROPERTY filed for Elizabeth Gerhart 2) CASE MANAGEMENT CONFERENCE If no objection is raised then the matter is pre-granted and no appearance is necessary. Case is disposed. #13. PR , ELISE BORAGNO, TRUST OF AMENDED PETITION TO APPOINT SUCCESSOR TRUSTEE; AND TO OBTAIN NON-COURT SUPERVISED BOND filed for David Levin If no objection is raised then the matter is pre-granted and no appearance is necessary. Case is disposed. #14. PR , PATRICK JOSEPH GANNON, ESTATE OF PETITION FOR PROBATE filed for Kathleen Gannon The Inventory and Appraisal shall be filed by April 3, The Final Distribution or Status Report shall be filed by Dec 3, 2019.
6 #15. PR , BLUM FAMILY TRUST VERIFIED PETITION: 1. DETERMINING THAT RUSSELL BLUM IS SEEMED TO HAVE PREDECEASED TRUSTOR FRANCINE C. BLUM, DECEASED; 2. PROHIBITING RUSSELL BLUM FROM ACTING AS CO-TRUSTEE OF THE BLUM TRUST; 3. DETERMINING QUESTIONS OF CONSTRUCTION OF TRUST INSTRUMENT; 4. ASCERTAINING BENEFICIARIES AND DETERMINING TO WHOM PROPERTY SHALL PASS OR BE DELIVERED UPON FINAL OR PARTIAL DETERMINATION OF THE TRUST, TO THE EXTEND THE DETERMINATION IS NOT MADE BY THE TRUST INSTRUMENT; 5. INSTRUCTING THE TRUSTEE; filed for Scott Timmer #16. PR , CHARLES McGUIRE, ESTATE OF PETITION FOR INSTRUCTIONS RE DISTRIBUTION OF ASSETS filed for Public Administrator Having no evidence to the contrary the Will is presumed to have been destroyed and the estate is deemed to be intestate. #17. PR , DONALD MYRICK, TRUST OF PETITION FOR ORDER MODIFYING TRUST AND DIRECTING DISTRIBUTION TO A THIRD PARTY SPECIAL NEEDS TRUST filed for Gordon Scott Allen Continued to Dec 24, 2018 at 9:00 AM for further review. #18. PR , ALEXANDER S. CASSIMUS AND PATRICIA J. CASSIMUS, TRUST OF PETITION FORM ORDER CONFIRMING SUCCESSOR TRUSTEE AND TRUST ASSETS filed for Christopher Cassimus The relief requested has not subjected this trust to continuing court supervision. Case is disposed.
7 #19. PR , AMY LEE KELLY, ESTATE OF PETITION FOR PROBATE filed for Matthew Ryan Kelly The Inventory and Appraisal shall be filed by Apr 3, The Final Distribution or Status Report shall be filed by Dec 3, #20. PR , VLADIMIR A. BUTENKO, ESTATE OF PETITION FOR PROBATE filed for Yelena Sosenskaya The Inventory and Appraisal shall be filed by April 3, The Final Distribution or Status Report shall be filed by June 3, #21. PR , CHARLES W. SPALETTA, ESTATE OF PETITION FOR PROBATE filed for Patricia F. Spaletta The Inventory and Appraisal shall be filed by Apr. 3, The Final Distribution or Status Report shall be filed by Dec. 3, #22. PR , JOHN HOLDER, ESTATE OF PETITION FOR PROBATE filed for Public Administrator The Inventory and Appraisal shall be filed by Apr 3, The Final Distribution or Status Report shall be filed by Dec 3, 2019.
8 %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% 1:30 PM #23. PR , LAURA KATHRYN SOLLID, LIMITED CONSERVATORSHIP OF THE PERSON AND ESTATE PETITION FOR THE APPOINTMENT OF LIMITED PROBATE CONSERVATOR OF THE PERSON AND ESTATE filed for Ronald Kristian Sollid Continued to Jan 14, 2019 at 1:30 PM by request of court investigator. #24. PR , THOMAS J. BODLE, CONSERVATORSHIP OF THE PERSON 1) FIRST ACCOUNT AND REPORT OF TRUSTEE AND PETITION FOR ITS SETTLEMENT, AND FOR ALLOWANCE OF TRUSTEE S FEES AND COUNTY COUNSEL S FEES filed for the Public Guardian 2) PETITION FOR ORDER TERMINATING TRUST, OR IN THE ALTERNATIVE, DISPENSING WITH FURTHER ACCOUNTINGS filed for the Public Guardian If no objections are raised then the first account is pre-granted and no appearance is necessary. The Petition For Order Terminating Trust is off calendar by request of petitioner. The next accounting shall be filed by Jan 17, #25. PR , OLIVIA GRACE GONZALEZ, GUARDIANSHIP OF THE PERSON PETITION FOR TERMINATION OF GUARDIANSHIP filed for Olivia Gonzalez Continued to Jan 14, 2019 at 1:30 PM.
9 #26. PR , JEANETTE KENNEDY VOSTI, CONSERVATORSHIP OF THE PERSON AND ESTATE OF 1) FIRST ACCOUNT AND REPORT OF CONSERVATOR AND PETITION FOR SETTLEMENT OF ACCOUNT AND FOR AUTHORITY FOR FEES ON ACCOUNT FOR CONSERVATOR filed for Anne F. Smith 2) PETITION FOR FEES AND COSTS FOR CONSERVATOR AND FEES AND COSS FOR CONSERVATOR S ATTORNEY filed for Anne F. Smith #27. PR , DEE MURPHY BINNS, CONSERVATORSHIP OF THE PERSON AND ESTATE OF FIRST ACCOUNT AND REPORT OF TEMPORARY AND GENERAL CONSERVATOR AND PETITION FOR ITS SETTLEMENT; FIRST ACCOUNT AND REPORT OF SUCCESSOR TRUSTEE AND PETITION FOR IS SETTLEMENT; PETITION FOR EXONERATION OF CONSERVATOR S BOND; PETITION FOR NEW TRUSTEE S BOND; PETITION FOR AUTHORITY TO SELL MEXICO PROPERTY; PETITION FOR ORDER RESERVING CONSERVATOR S /TRUSTEE S RIGHTS TO INVESTIGATE AND PURSUE COLLECTION OF LOANS; PETITION FOR ALLOWANCE OF CONSERVATOR S/TRUSTEE S FEES AND COSTS; AND PETITION FOR ATTORNEY S FEES filed for Denise Rooke Continued to Feb 4, 2018 at 1:30 PM by request of court investigator. #28. PR , BARBARA STENDAL, CONSERVATORSHIP OF THE PERSON AND ESTATE FIRST ACCOUNT AND REPORT OF CONSERVATOR AND PETITION FOR ITS SETTLEMENT, AND FOR ALLOWANCE OF CONSERVATOR S COMMISSION AND COUNTY COUNSEL S FEES filed for Public Guardian Continued to Jan 22, 2019 at 1:30 PM by request of court investigator.
10 #29. PR , GAYLE CROKER, LIMITED CONSERVATORSHIP OF THE PERSON AND ESTATE FIRST ACCOUNT AND REPORT OF LIMITED CONSERVATOR AND PETITION FOR ITS SETTLEMENT; FOR WAIVER OF FURTHER ACCOUNTINGS BY CONSERVATOR; AND FOR DISCHARGE OF BOND filed for Marion Elizabeth Gallagher Continued to Jan 22, 2019 at 1:30 PM by request of court investigator. #30. PR , NANCY MYERS, CONSERVATORSHIP OF THE ESTATE OF VERIFIED PETITION (1) DIRECTING MJJ VENTURES LLC TO TRANSFER REAL PROPERTY TO THE CONSERVATOR OF THE ESTATE; (2) AN AWARD OF DOUBLE DAMAGES AGAINST ALL RESPONDENTS; (3) ABUSE OF AN ELDER/FINANCIAL ELDER ABUSE; (4) UNDUE INFLUENCE; AND (5) FRAUD filed for Talakai Na Dane #31. PR , DARIUS BOLOURCHI, GUARDIANSHIP OF THE PERSON 1) PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON filed by Mehran Bolourchi 2) PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON filed by Jose Gonzalez and Laura Gonzalez Continued to Jan 14, 2019 at 1:30 PM for service and for proposed order. Temporary guardianship is extended to Jan 14, 2019.
11 #32. PR , JOSEPHINE E. FLOHR, CONSERVATORSHIP OF THE PERSON AND ESTATE OF VERIFIED PETITION (1) DIRECTING RESPONDENTS TO TRANSFER REAL PROPERTY TO THE CO-CONSERVATORS OF THE ESTATE; (2) AN AWARD OF DOUBLE DAMAGES; (3) FINANCIAL ELDER ABUSE; (4) UNDUE INFLUENCE; (5) FRAUD; (6) RESCISSION OR CANCELLATION OF TRUST TRANSFER DEED, LONG FORM DEED OF TRUSTS WITH ASSIGNMENTS OF RENTS AND PROMISSORY NOTES; AND (7) ACCOUNTING filed for Darold Parsons and Gary Parsons #33. PR , LUCILLE TURNER JOHNSON, GUARDIANSHIP OF THE ESTATE STATUS HEARING FOR FILING RECEIPT AND ACKNOWLEDGMENT OF ORDER FOR THE DEPOSIT OF MONEY INTO BLOCKED ACCOUNT Continued to Dec 17, 2018 at 9:00 AM for filing of Receipt and Acknowledgment of Order For the Deposit of Money Into Blocked Account (MC-35). #34. PR , MASA KIVETTE, CONSERVATORSHIP OF THE PERSON AND ESTATE OF PETITION FOR APPOINTMENT OF CONSERVATOR OF THE PERSON AND ESTATE filed for Nancy Kivette Continued to Feb 4, 2019 at 1:30 PM by request of court investigator. #35. PR , JUNIOR F. MEJIA MELGAR, CONSERVATORSHIP OF THE PERSON AND ESTATE PETITION FOR THE APPOINTMENT OF PROBATE CONSERVATOR OF THE PERSON AND ESTATE filed for Joaquin A. Mejia Esteves Continued to Dec 17, 2018 at 1:30 PM.
12 #36. PR , OSMAR WILFREDO AGUSTIN QUINO, GUARDIANSHIP OF THE PERSON 1) PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR filed by Osmar Wilfredo Agustin Quino 2) PETITION FOR SPECIAL IMMIGRANT JUVENILE FINDINGS filed by Osmar Wilfredo Agustin Quino Continued to Jan 14, 2019 at 1:30 PM. #37 PR , MANDEEP SINGH, GUARDIANSHIP OF THE PERSON 1) PETITION FOR APPOINTMENT OF GUARDIAN OF MINOR filed for Surinder Pal Sroa 2) PETITION FOR SPECIAL IMMIGRANT JUVENILE FINDINGS filed for Surinder Pal Sroa Continued to Jan 14, 2019 at 1:30 PM. #38. PR , PRUDENCE J. JOHNSON, CONSERVATORSHIP OF THE PERSON AND ESTATE PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR OF THE PERSON AND ESTATE filed for Madison Tyler Petition is denied as no emergency warranting a temporary appointment is given. #39. PR , EUGENE F. LYNCH, CONSERVATORSHIP OF THE PERSON AND ESTATE OF PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR OF THE PERSON AND ESTATE filed for Marianne Lynch Fraher Petition is denied as there is no emergency warranting a temporary appointment and for failure to serve proposed conservatee.
13 #40. PR , JEANNE M. LYNCH, CONSERVATORSHIP OF THE PERSON AND ESTATE OF PETITION FOR APPOINTMENT OF TEMPORARY CONSERVATOR OF THE PERSON AND ESTATE filed for Marianne Lynch Fraher Petition is denied as there is no emergency warranting a temporary appointment and for failure to serve proposed conservatee. #41. PR , MARLEE GIANNA RENAE WATERS & MARIO GIOVANNI WATERS, JR., GUARDIANSHIPS OF THE PERSONS 1) REVIEW OF VISITATION AND PARENTAL PROGRESS 2) PETITION TO TERMINATE GUARDIANSHIP filed for Melissa Waters
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