Calendar date of 11/17/10 *****

Size: px
Start display at page:

Download "Calendar date of 11/17/10 *****"

Transcription

1 Calendar date of 11/17/10 THE NOTES BELOW REPRESENT NOTES AFTER THE SECOND CHECK HAS BEEN COMPLETED. NO FURTHER DOCUMENTS WILL BE REVIEWED PRIOR TO HEARING. ***** The Probate Examiners can be reached at s must have the case identification information and hearing time/date in the subject line. No attachments will be opened. Probate Examiners can only respond to inquiries regarding the meaning of comments in the notes. PLEASE DO NOT SEND S TO STATE THAT DOCUMENTS HAVE BEEN FILED, TO REQUEST A CONFIRMATION OF WHETHER DOCUMENTS HAVE BEEN RECEIVED, OR TO REQUEST THE CLEARING OF NOTES. No legal or procedural advice may be given

2 Page: 1 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH PROBATE DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: merrill hart revocable trust Petition for removal of trustee and appointment of successor trustee WOODROW HART (PET)...STANLEY W HODGE MERRILL HART REVOCABLE TRUST (TRU)... Continued from 3/4/10 and 05/06/10 at request of counsel. Counsel stated matter is settlement. Need settlement. Continued from 06/03/10. Continued from 9/1/10 and 09/29/10. Counsel stated at 09/01/10 a dismissal will be filed. THIS CASE IS SET FOR HEARING ON Petition for Removal of Trustee and Appointment of Successor Trustee THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner, Woodrow Hart, is a beneficiary of the Merrill Hart Revocable Trust dated 12/15/00. The original settlor, Merrill Hart, died 4/21/09. Petitioner requests that James Hart be removed as trustee alleging that James Hart has engaged in conduct that constitutes willful misconduct and bad faith by failing to account to the beneficiary after requests to do so. 2. Petitioner alleges he made several requests for an accounting. Question whether 60 days had elapsed from the last written request per Pr.C (b)(7)? File verified supplement with proof of written request. 3. Notice of dismissal filed on 11/2/10. However, Entry of Dismissal is not in file. RECOMMENDATION Matter may go off calendar if dismissal was entered on 10/20/10 as alleged. (gls/cbr/smj/cbr/smj)

3 Page: 2 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: MTR OF JESSE S DE ANDA SEE ALSO COMPANION FILE PRODS ON THE FOLLOWING PAGE. Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. JAMES DE ANDA JESSE S DE ANDA DENICE DEANDA (PET)...ROBERT A MCCARTY (DEC)... (OBJ)...TRENT THOMPSON & ASSOCIATES : Continued from Attorney Christopher Nelson states that objections have been prepared and sent to the court for filing. Continued from and 6/8/10. Parties confer on the record and continue matter. Court notes parties plan on attending mediation. Continued from 08/18/10. Parties to attend mediation through IVAMS. THIS CASE IS SET FOR HEARING ON Petition for Letters Testamentary w/full authority under IAEA THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Will waives bond. 2. Objections filed by Denice DeAnda (daughter). RECOMMENDATION: Set for contested hearing. (vet/abs/vet/gls/vet/gls/cbr)

4 Page: 3 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: THE JESSE S. DeANDA TRUST SEE ALSO COMPANION FILE PRODS ON THE PREVIOUS PAGE. Petition for TO INVALIDATE TRUST AMENDMENT LISA BREWSTER (PET)...TRENT THOMPSON & ASSOCIATES DENICE DEANDA (PET)...TRENT THOMPSON & ASSOCIATES BERNICE DEANDA (PET)...TRENT THOMPSON & ASSOCIATES VINCENT DEANDA (PET)...TRENT THOMPSON & ASSOCIATES STEPHEN DEANDA (PET)...TRENT THOMPSON & ASSOCIATES THE JESSE S. DEANDA TRUST (TRU)... JAMES DEANDA (TEE)...LAW OFFICES OF RANDALL S STAME : Continued from 5/4/10, 6/8/10 and 08/18/10. Parties to attend mediation through IVAMS. THIS CASE IS SET FOR HEARING ON Petition Determining Title Trust THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Petitioners are the children of the Trustor and beneficiaries of the 2001 Trust dated On or about , Trustor created another trust also titled the Jesse S. DeAnda Trust referred to as the 2006 Trust. The 2006 Trust did not mention the 2001 Trust at all. The 2006 Trust removed Petitioners as beneficiaries and named Trustor s 8 siblings (Respondents) as beneficiaries of the 2006 Amendment in Petitioners place. The Trust became irrevocable upon Trustor s death on Petitioners believe that at the time the 2006 Trust was executed, Trustor was not of sound and disposing mind as Trustor was diagnosed with Wernick- Korsakoff Syndrome, about May 2006, which severely impaired Trustor s ability to think clearly and understand the significance of executing a trust amendment. Petitioners maintain that Trustor did not have sufficient mental capacity, did not

5 understand the nature of his actions or understand and recollect the nature and situation of his property or understand his relationship to his family members. 3. Petitioners request that the 2006 Trust be invalidated on the grounds of incapacity and request costs of litigation. 4. Order s caption does not include a reference to the Probate Code Section which authorizing the relief requested. Local Rule However, it appears that this action is brought pursuant to Pr.C which states that all proceedings concerning the transfer of property of the trust shall be conducted pursuant to Pr.C As such, it would appear that the proper petition would be a Pr.C. 850(3)(A) petition. 5. Response filed by James DeAnda, trustee. RECOMMENDATION: Set for contested hearing. (vet/abs/gls/cbr)

6 Page: 3A San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: EMILE WILLIAMS SR. Hearing Re: ANSWER, DEMURRER, & OBJ. & PET. TO QUIET TITLE JEFFREY WILLIAMS SR (PET)...TOMLINSON, PRINCE, CULLEN & LE EMILE WILLIAMS SR. (DEC)... J THEARD CHUNTIRADO (TP )...YOLANDA FLORES-BURT THIS CASE IS SET FOR HEARING ON Answer, demurrer, and petition to quiet title. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. This case was opened via a probate petition filed in 5/10 by Jeffrey Williams, Sr. 2. On 7/13/10, J. Theard Chun Tirado filed a complaint to quiet title, etc. in the Victorville district of this county s civil court. In that action, Tirado generally alleges that plaintiff and Emile Williams, Sr. (decedent in this probate action) each owned 50% of the subject Hespaeria, CA real property but that the defendants filed a fraudulent deed depriving him of title. 3. On 8/9/10, the probate petition was granted, no bond. 4. On 10/4/10, this probate court granted an ex parte petition by atty Fischel to approve a contingency fee retainer by which he could file an action against Tirado (plaintiff in the civil action already filed in Victorville) for recovery of the real property that allegedly was misappropriated by Tirado before the facts allegedly giving rise to Tirado s complaint (that Tirado was not a proper 50% owner of the subject property in the first place, as well as for two automobiles). The court also consolidated the civil and probate actions, with probate as the master file. 5. in the filing now before the court, administrator brings a joint answer, demurrer, and objection to the underlying complaint that was originally brought in civil

7 court and was consolidated into this probate action. However, the portion of the filing purporting to be a demurrer is almost completely a factual refutation of the underlying complaint. There is no distinct demurrer for the court to consider. The filing also seeks affirmative relief in the nature of a cross-complaint (without being labeled as such) by which administrator seeks a determination that the subject property is an estate asset. 6. Objection and opposition to administrator s filing has been filed by Tirado on the basis that there was no notice of the hearing re consolidation, on the basis that administrator s answer is not in proper form pursuant to the Rules of Court, and on the factual merits of the case. RECOMMENDATION Set for contested hearing. FUTURE HEARINGS: 10/17/11 Accounting Review

8 Page: 4 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: VERA NORMA McKEON SEE ALSO COMPANION FILES PRODS ON PAGE 6 AND PROPS ON PAGES 15 & 16. Petition to determine succession to Real Property LINDA STUIVENGA (PET)...ANNE VERA NORMA MCKEON (DEC)... COMPANION FILES= PRODS & PROPS & CONPS Continued from 07/22/10 for Attorney Hodge to file a petition on behalf of his client. Continued from 09/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition to determine succession to real property THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner claims a 12.5% interest in decedent s interest in real property located as 871 Orange Avenue, Sugarloaf, CA pursuant to the terms of decedent s Will. However, the Grant Deed gives to Kathryn A. Mckinish and Rebecca Van Buskirk as joint tenants as to an undivided 75% interest and Dennis McKeon, a Married Man as his sole and separate property as to an undivided 25% interest, All as tenants in common. Thus it would appear that Dennis McKeon, who predeceased decedent, owned a 25% interest. As the Dennis McKeon estate is not yet determined or distributed, question how petitioner determines a 12.5% interest through Vera McKeon, the decedent herein. Need verified supplement. 2. Decedent s will specifically describes the real property and appears to devise all her right and interest as going to Kathryn A. Mckinish and Rebecca Van Buskirk. The will further states that no other heir shall have any claim on this property as the interest of my deceased husband was only to assist with title, no consideration was paid by him. It appears that the

9 decedent s interest in the property must first be determined in the related case of Dennis McKeon (PROPS ). However, it would appear that the property is devised to Kathryn McKinish and Rebecca Van Buskirk. Question under what authority petitioner claims the interest in real property 3. Objection filed by Janet Milton in the related case PROPS Petition for Probate of Vera McKeon s estate filed by Janet Milton under case PRODS (page 6). Court may wish to consolidate case under lower number PRODS RECOMMENDATION: Need to clear notes then set for contested hearing. (gls/vet/cbr)

10 Page: 5 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: ROBERT B MACDONALD Hearing re: Petition for Letters of Administration w/wa W/Full Authority under IAEA. COMMANDER OF CORONER & PUBLIC (PET)...HORSPOOL & PARKER ROBERT B MACDONALD (DEC)... JOSEPH F MACDONALD (PET)...LAW OFFICES OF TIMITHY E NILAN : Continued from 09/29/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration w/will Annexed W/Limited Authority under IAEA by son. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED. 1. Petitioner requests limited authority with bond in amount of $35,000. Estimated value of personal property $35,000. Appears sufficient. JTD. 2. Declaration of Due Diligence re: notice to Bruce MacDonald, tabbed. JTD. RECOMMENDATION: RFA, subject to note 2, $35,000 bond. If approved, set accounting review for 01/25/12. Accounting to be filed at least 30 days prior. Note Local Rule re filing of bank/investment statements. (fhl/smj/cbr/smj)

11 Page: 6 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: VERA N MCKEON SEE ALSO COMPANION FILES PRODS ON PAGE 4 AND PROPS ON PAGES 15 & 16. Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. JANET MILTON VERA N MCKEON (PET)...STANLEY W HODGE (DEC)... COMPANION FILES= PRODS & PROPS & CONPS Continued from 09/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Petition for Letters Testamentary with full authority under IAEA THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. The caption and sections 1, 3e, 3g, 5a are incomplete and also need a copy of the will as attachment 3e(2). Need amended petition. 2. Need proof of publication. 3. Need notice of Petition to Administer Estate and proof of service. 4. Need Duties and Liabilities of Personal Representative. 5. Need original will lodged with the Court. 6. Petitioner alleges will waives bond. However, as no will is attached, this cannot be determined. Estate value is estimated at $1,698, Court may wish to require full bond. 7. Need proposed Orders and Letters submitted. 8. A Petition to Determine Succession of Vera McKeon s estate filed by Linda Stuivenga under case PRODS (page 4). Court may wish to consolidate case under lower number PRODS

12 RECOMMENDATION: Consolidate cases under the lower number PRODS (note 4). Need to clear notes. (kra/cbr)

13 Page: 6A San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: THEODORE J. & MARY A. LA CURAN FAMILY TRUST Petition for TO DETERMINE VALIDITY OF PURPORTED TRUST AMENDMNT & TO IMPOSE CONSTRUCTIVE TRUST TERRY W. LA CURAN (PET)...PALERMO, BARBARO, CHINEN & PIT THEODORE J. & MARY A. LA CURAN(TRU)... Continued from 10/27/10. No new research. THIS CASE SET FOR HEARING ON Petition to determine validity of purported trust amendments and to impose constructive trust Pr. C THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner, Terry La Curan, is the son of the Trustors of the Theodore J and Mary A La Curan Family Trust dated 08/21/96. The trust was reinstated 05/14/03. Theodore died in 2005 and Mary died 07/13/10. Prior to Mary s death she amended the trust to exclude her per-deceased daughter Patricia Ford s issue and Terry La Curan. 2. Petitioner is requesting the court to rescind and nullify the purported trust amendments made in 2007 and 2010 after the first settlor s death. Petitioner alleges that the amendment in 2010 should be void due to undue influence of the settlor because (1) the Trustor lacked the legal capacity to make such an amendment and, (2) the amendment was the product of undue influence exerted by John La Curan and his wife Lois La Curan, petitioner s brother and the son of the original trustor. 3. The trust was to be divided into Sub-trust A, B and C after death of Theodore. Mary appears to have amended Sub-trust A in 2007 and The trust states that the surviving settlor may amend Sub-trust A at paragraph 3.2 of the trust. Question whether Sub-Trust A was funded and if all three sub-trusts were funded at the time of death of the first settlor? Need verified supplement.

14 4. Petitioner is requesting the removal of Trustee Lois La Curan based on a conflict of interest. 5. Proposed order not submitted. 6. Answer/Objection filed by Lois La Curan, trustee. RECOMMENDATION Need to clear notes then set for evidentiary hearing. (cbr/abs)

15 Page: 7 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: RICHARD E. HUFFMAN SR. Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. RICHARD E. HUFFMAN JR (PET)...PRO/PER RICHARD E. HUFFMAN SR (DEC)... THIS CASE SET FOR HEARING ON Petition for Probate, Letters Testamentary with Full Authority under IAEA. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Will waives bond; however, petitioner is a resident of Washington. Does court wish to require minimum bond? JTD 2. Need Notice of Petition to Administer Estate and proof of service for Julie Huffman. 3. Need proof of publication. RECOMMENDATION Need to clear notes. If approved, set Accounting/Status Review for 01/25/12. Any accounting to be filed 30 days in advance. Note requirements of local rule (cbr/smj)

16 Page: 8 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS CASE NAME: LOUIS JOSEPH DOW Petition for PARTICULAR TRANSACTIONS AND ORDER FOR SUPPORT MARCIA DOW LOUIS JOSEPH DOW (PET)...EDWARD B FISCHEL & ASSOCIATES (INC)... THIS CASE SET FOR HEARING ON Petition for Particular Transactions and Order for Support Pr. C et seq. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. This appears to be a Medi-Cal planning transaction. 2. Petitioner is wife who lives in family residence (petitioner does not state her age). Respondent husband ill-spouse is 82 and resides at Assistencia Villa Rehabilitation and Care Center in Redlands. Petitioner and spouse have been married 25 years and have no children. 3. Petitioner alleges that the fixed income of both spouses totals $4, (itemized), that her total expenses are $4, monthly (itemized), that the ill-spouse s long term care is $1, with Medi-Cal making up any monthly difference to said facility. 4. Petitioner is requesting the transfer and transmutation of respondent s said $4,361.74/month gross income to petitioner as petitioner s sole and separate property, and petitioner s corresponding Minimum Monthly Maintenance Needs Allowance be raised to $5, a month. The minimum monthly maintenance allowance for 2010 is equal to $2, Thus, the community spouse i.e. ill spouse contributes $2,036 which is $ less the minimum monthly allowance ($2, [-] $2, = $414.26). Therefore, there is a $ deficit remaining which is the allowable Community Spouse Monthly Income Allowance, not the $4, combined total or $2, of ill spouse s total income as petitioner requests. Need verified supplement with points and authorities to support

17 the $4,361.74/$5,000. Alternatively, the allowable income allowance is $ additional to total the 2010 MMMNA $2,739 limit. 5. Petitioner is requesting that she designate non-spousal beneficiaries on her own IRA and/or life insurance in order for respondent to be able to receive Medi-cal benefits is petitioner was to pass away before respondent. JTD 6. James Church appointed Guardian Ad Litem for respondent. RECOMMENDATION: Need to clear notes, then Court s discretion. (cbr/smj)

18 Page: 9 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: DANNY EDWARD STOKES Probate status report filed. EDWARD STOKES (PET)...HOFFMAN & ANDREWS DANNY EDWARD STOKES (DEC)... THIS CASE SET FOR HEARING ON Status Report. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of administration issued 03/07/07; limited authority no bond. 2. Petitioner is requesting an additional six months to close the estate in order to settle the air plane accident claim. RECOMMENDATION Need notice. If approved, set next Accounting Review/Status for 06/22/11. (cbr/smj)

19 Page: 10 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: CHARLES EDWIN MCGUYER JR Hearing re Final Discharge CYNTHIA S REUTER (PET)...JANET M HERRING CHARLES EDWIN MCGUYER JR (DEC)... CYNTHIA S REUTER (PET)...JANET M HERRING Continued from 01/27/10 and 07/14/10. THIS CASE IS SET FOR HEARING ON Hearing re final discharge. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. First and final account was approved on 1/14/ Receipts for main distribution filed. Need receipts/reconciliation for $7,000 reserve allowed. 3. Need petition for final discharge. RECOMMENDATION When receipts or final discharge order are not filed as ordered, the court may set a hearing in accord with Pr.C (abs/cbr)

20 Page: 11 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: OLGA WHITE Accounting Review PENNY SERRANO OLGA WHITE VANCE WHITE (PET)...JAMES BRUCE MINTON (DEC)... (OBJ)...PRO/PER Continued from 2/10/10, 04/28/10 and 07/21/10 to file an accounting. THIS CASE IS SET FOR HEARING ON Accounting review. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters testamentary issued on 10/22/ Probate status report approved on 2/4/ Order exonerating bond and vacating bond requirement entered on 11/18/ Need accounting or next probate status report. RECOMMENDATION When the personal representative does not file an accounting or report as required, the court shall take action as specified in Pr.C et seq. (abs/cbr)

21 Page: 12 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: SIDNEY DIAMOND Accounting Review LYNNE D BIANCO (PET)...JANET M HERRING SIDNEY DIAMOND (DEC)... ANNE DIAMOND BROWNSTONE (TP )... RICHARD BRENT KOLBER (HARTNELL LISTER & MOORE )...HARTNELL CHARLENE JUDITH RAMIREZ (HARTNELL LISTER & MOORE KAREN LYNNE LUKESH (AUGUSTINE & SEYMOUR )...AUGUSTINE WILLIAM HALE LUKESH (AUGUSTINE & SEYMOUR )...AUGUSTINE LORAINE LUKESH EBBINS (AUGUSTINE & SEYMOUR )...AUGUSTINE Continued from , , , 12/9/09, 2/24/10 and 05/12/10 at request of counsel. THIS CASE IS SET FOR HEARING ON accounting review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters issued 4/30/08, $250,000 bond. 2. No accounting or status report of administration filed. RECOMMENDATION: When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C Clerk to notice bonding company. (NMT/vet/vet/smj/abs/kra/cbr)

22 Page: 13 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: GENEVA HAWES Accounting Review PHIL HAWES GENEVA HAWES KELLIE HAWES (PET)...PRO/PER (DEC)... (PET)...PRO/PER : Continued from 7/20/09 as decedent s daughter, Kellie Hawes, states that administrator, Phil Hawes, resides in Arizona. Court will mail notice at new address and notice PA re possible appointment. Continued from 8/24/09. Letter received from Phil Hawes, reviewed by Court and placed in file. Clerk s office directed to send notice to Public Administrator. Continued from 10/5/09, as Kellie Hawes, who lives in Colorado, states she will be filing petition to remove Phil Hawes as administrator and appoint successor administrator. Continued from , , 3/2/10, 4/20/10, at request of counsel. Continued from 5/11/10. Court removed Phil Hawes as personal representative and revoked his Letters. Kellie Hawes was appointed as successor administrator. Court ordered Phil Hawes to file an Inventory and Appraisal and an accounting. Continued from 09/29/10. No appearance. Citation issued to Phil Hawes. THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Letters of administration issued to Phil Hawes on 6/23/08, full authority, no bond. 2. No I & A or accounting has been filed. 3. Declaration of no assets filed by Public Administrator. On 4/30/09 foreclosure sale on real property held. Real property went back to lender. Decedent s bank accounts had payable on death provisions and, according to bank records, were closed in December, State Controller reports no unclaimed property. Question whether there were any surplus funds due to the estate or whether proceedings should be terminated per Pr. C ? Need verified supplement.

23 4. Need Inventory and Appraisal and an accounting as ordered by Court on 5/11/ Need return of citation. RECOMMENDATION Need to clear notes. When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (smj/fhl/smj/vet/gls/abs/fhl/cbr) Future hearing dates: 7/19/11 Accounting Review

24 Page: 14 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: NELLIE DAVIS CAMERON Accounting Review FOREST E. WRIGHT (PET)...JEGLIN, SWANSON & WRIGHT, LLP NELLIE DAVIS CAMERON (DEC)... Continued from 08/04/10 at request of counsel. THIS CASE SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of Administration issued 06/09/08, full authority no bond. 2. Status report approved on 12/30/ Need accounting or next status report. RECOMMENDATION Inquire status. When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (cbr)

25 Page: 15 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: DENNIS V. MCKEON SEE ALSO 16 & COMPANION FILE PRODS ON PAGE 4 AND PRODS ON PAGE 6. Hearing Re: STATUS REVIEW VERA N MCKEON DENNIS V MCKEON LINDA STUIVENGA JANET MILTON (PET)...PRO/PER (DEC)... (PET)...ANNE (OBJ)...STANLEY W HODGE COMPANION FILES= PRODS & PRODS & CONPS Continued from 4/1/10, 5/6/10, 6/10/10 and 07/22/10 for Attorney Hodge to file a petition on behalf of his client. Continued from 8/17/10 to be heard with related matters. Continued from 09/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Status Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. On 2/11/10, the court vacated the Trial date and set this status hearing. Additionally, on 12/11/09, the court noted that petitioner, Vera McKeon is deceased and a petition to determine succession to estate is at issue. No party has petitioned for appointment as successor. According to the Will of decedent, Janet Milton (daughter of decedent) is the alternate named executor. Janet Milton previously objected to the administration of decedent s estate claiming all property was held in decedent s Trust. This objection was replied to by Vera McKeon prior to her death alleging that the Trust did not specify what property was intended as Trust property, and the real property was not funded into the trust and was held as community. However, no spousal property petition has been granted.

26 2. Court may wish to notice the Public Administrator for possible appointment as successor. 3. Objections to Petition for Appointment of Successor Petitioner filed by Janet Milton on 07/28/10. RECOMMENDATION: Set for contested hearing. (gls/vet/kra/cbr)

27 Page: 16 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: DENNIS V. MCKEON SEE ALSO 15 & COMPANION FILE PRODS ON PAGE 4 AND PRODS ON PAGE 6. Petition for APPOINTMENT OF SUCCESSOR PETITIONER VERA N MCKEON DENNIS V MCKEON LINDA STUIVENGA JANET MILTON (PET)...PRO/PER (DEC)... (PET)...ANNE (OBJ)...STANLEY W HODGE COMPANION FILES= PRODS & PRODS & CONPS Continued from 09/20/10 at request of counsel. THIS CASE IS SET FOR HEARING ON petition for appointment of successor petitioner THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Vera McKeon filed a Petition to Determine Succession, which was objected to by Janet Milton claiming succession by way of decedent s Trust and pour-over will. Vera responded alleging fraud and undue influence and the matter was set for Trial. Vera McKeon died 11/13/09. At Readiness hearing 2/11/10 the Court Trial was vacated and a Status review set (see prior page). 2. Petitioner, Linda Stuivenga, is a daughter of decedent and requests appointment as successor petitioner in the Petition to Determine Succession claiming decedent s 25% interest in real property on behalf of Vera McKeon. Petitioner has also filed a Petition to Determine succession of Vera McKeon s estate (PROPS ). As this is a summary proceeding, only the persons claiming an interest in the property may petition. It appears that Vera McKeon s will distributes the subject real property to Kathryn McKinish and Rebecca Van Buskirk. As Linda Stuivenga is not the personal representative, it appears she has no standing to petition for Successor Petitioner. Need authority for

28 appointment of successor petitioner who does not have an interest in the real property. Court may wish to direct petitioner to petition for Letters of Administration. 3. Need notice of hearing and proof of service. 4. Objections filed by Janet Milton on 07/28/10. RECOMMENDATION: Need to clear notes. (kra/cbr)

29 Page: 17 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: LOUIS J. ARAIZA TRUST Hearing Re: Status ROXANNE ARAIZA WILLIAM L ARAIZA (PET)...LYNN E ZUMBRUNN (STE)...BRYAN C. HARTNELL Status No notes

30 Page: 18 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: JERRY R. EDWARDS JR Accounting Review JERRY R EDWARDS III (PET)...FERD & ASSOCIATES JERRY R EDWARDS JR (DEC)... BERNARD M BIDART (TP )... Continued from 04/07/10. No appearance. Notice given by courtroom clerk. Continued from 05/26/10 and 6/30/10 at request of counsel. Continued from 07/28/10. No appearance and accounting not filed. Notice given by courtroom clerk. Continued from 9/1/10. Citations issued to Jerry Edwards III and Roman Ferd. Continued from 10/13/10. Jerry Edwards III powers suspended. Citation issued again for Jerry Edwards and Roman Ferd. THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of administration issued on 4/21/09, $152,000 bond. 2. No accounting or status report of administration filed. Need same. 3. Court to notice bonding company. 4. Need Final I&A. 5. Notice of Non-Payment of Bond Premium filed 8/31/09 indicating $ is past due. 6. Citations issued, but service was not effected. Roman Ferd has moved; no new address. Jerry Edwards III has moved; appears there is new address in Victorville. Court may wish to issue new citation. RECOMMENDATION When the personal representative does not file an accounting or report as required, the court shall take action as specified in Pr.C et seq. Court to notice bonding company. (abs/kra/cbr/gls/cbr/smj/cbr)

31 Page: 19 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: REBECCA BARKER Accounting Review DANIELLE FERGUSON (PET)...LINDA D. MCCREARY REBECCA BARKER (DEC)... Continued from 07/21/10. No appearance. Attorney Linda McCreary ordered to be present at next hearing; however, notice given by courtroom clerk was returned as undeliverable. State Bar shows following address for attorney McCreary: 2500 Venture Oaks Way, Ste 350, Sacramento, CA Continued from 8/25/10. No appearance. Clerk mailed notice to new address for counsel. Nothing new filed. Continued from 09/22/10. Counsel stated that she has not been able to serve her client with the accounting. THIS CASE SET FOR HEARING ON Accounting Review/Status THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of administration issued 05/19/09; full authority no bond. 2. Need accounting or status report. RECOMMENDATION When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (cbr/smj/abs/cbr)

32 Page: 20 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: MARY LOUISE MILLER Accounting Review MALANIE LINDQUIST (PET)...JOHN F WEBER MARY LOUISE MILLER (DEC)... JAMES S BURNS (PET)...PRO/PER MARY LOUISE MILLER (DEC)... Continued from 08/11/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Accounting/Status Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Letters of Administration with Will Annexed issued to Melanie Lindquist on 6/3/09, no bond. 2. Spousal Property Petition filed by James S. Burns on 8/12/09. Objection filed by Melanie Linquist. Spousal Property Petition granted pursuant to stipulation on 7/14/ Need inventory and accounting or status review. RECOMMENDATION: When the personal representative does not file an accounting as required, the court shall take action as specified in Pr.C et seq. (smj/cbr)

33 Page: 21 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: GLORIA HYDER SEE ALSO 22 Hearing Re: Terminate Probate & Final Discharge DIJON HYDER GLORIA HYDER (PET)...PRO/PER (DEC)... THIS CASE SET FOR HEARING ON Petition to Terminate Probate and for Final Discharge. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner is requesting to terminate the probate and discharge himself. 2. Petitioner is the sole heir in the estate and claims there is no property left to distribute. The Inventory and Appraisal indicates there is an automobile, household furniture and cash. Petitioner transferred the real property into his name prior to request for distribution; however, there does not appear to be any harm to the estate. Court may wish to require a waiver of accounting as this is not a no asset estate. Therefore, the estate does not appear to be eligible for termination at this time. RECOMMENDATION Court s discretion. (cbr)

34 Page: 22 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS CASE NAME: GLORIA HYDER SEE ALSO 21 Accounting Review DIJON HYDER GLORIA HYDER (PET)...PRO/PER (DEC)... Continued from 9/15/10. Court ordered administrator to file accounting and be present at next hearing. Copy of minute order mailed to administrator. Continued from 10/13/10. THIS CASE SET FOR HEARING ON Accounting Review/Status THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of Administration issued 09/09/09, full authority no bond. 2. Need accounting or status report. 3. NOTE: Corrected I & A filed 1/12/10. RECOMMENDATION When the personal representative does not file an accounting or report as required, the court shall take action as specified in Pr.C et seq. (cbr/smj/cbr)

35 Page: 23 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS05995 CASE NAME: ESTATE OF FELIX P SORIA Accounting Review RAMON SORIA FELIX P SORIA (PET)...RALPH K HEKMAN (DEC)... THIS CASE SET FOR HEARING ON Accounting Review/Status THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Letters of Administration issued 10/04/04; limited authority $40,000 bond. 2. Last status report approved on 06/22/ Need accounting or next status report. RECOMMENDATION Inquire status. (cbr)

36 Page: 24 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: VPR VS CASE NAME: ESTATE OF ETHEL E SMITH Hearing Re: Accounting/Status on 29K and Royalty Checks ROBERT A SMITH (PET)...STANLEY W HODGE ETHEL E SMITH (DEC)... ROY GWATNEY (PET)...SHERRI L KASTILAHN GEORGE E SMITH (PET)...STANLEY W HODGE SHERRI L KASTILAHN (PET)...SHERRI L KASTILAHN CHESTER WILLIAM GWATNEY (TP )...PRO/PER : Hearing re accounting review continued from 7/1/09 and on 9/2/09 Court set OSC which was continued and heard on 10/28/09, 1/26/10 and 3/24/10. On 3/24/10, Court dismisses OSC. Counsel brings up the issue of the royalty checks and the $29, that was just discovered. Court continues matter for counsel to research and to set aside an afternoon to discuss issues. Continued from Court unavailable to hear matter. Notice given by courtroom clerk. Continued from 6/15/10 and 09/29/10. THIS CASE IS SET FOR HEARING ON accounting review status report. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Letters of administration issued 5/31/07, $165,000 bond. 2. Case has been litigated re estate assets and settlement reached. Stipulated judgment entered on 3/10/ Status report filed 6/15/10. The following notes relate to the Status report: a. Petitioner requests additional time but does not indicate how much time is required in order to distribute assets of the estate nor give any support for his request. The estate consists of cash in amount of $29,905.29, real property in which petitioner has a life estate per terms of stipulated judgment entered 3/10/08, and leasehold interest in an oil lease from which a royalty

37 payment in the amount of $10.39 was received for the period 12/07 11/08. Petitioner indicates that no further royalties have been received. b. Status report is not verified by administrator per Pr.C Need verification. c. Need notice of hearing and proof of service per Pr. C (b). RECOMMENDATIONS: Need to clear notes. (kra/vet/fhl/cbr)

38 Page: 25 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: VPR VS01935 CASE NAME: MTR OF PETERS FAMILY REVOCABLE TRUST VACATED- FINAL DISCHARGE FILED. Hearing re Final Discharge CONSTANCE L THOMAS (PET)... JERLINE PETER (DEC)... PETERS FAMILY TRUST (TRU)... KATHLEEN P SMITH (OBJ)...GRAHAM M KELLY JR KATHLEEN J SMITH (GRAHAM M KELLY JR )...GRAHAM M

39 Page: 26 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH CONSERVATORSHIP DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON DS CASE NAME: MTR OF ANGEL ARAMBULA Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of JOSE ANGEL ARAMBULA JOSE ANGEL ARAMBULA (CP )...PRO/PER FELICITAS ARAMBULA (CP )...PRO/PER ANGEL ARAMBULA (CTP)...BRYAN C HARTNELL THIS CASE SET FOR HEARING ON Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Court appointed conservator of the person only on 05/27/ Need proof of service of a copy of the Order for Conservatorship with Notification of Conservatee s rights per Pr.C. 1830(c). 3. Care plan filed. 4. Need Court Investigator 6 month report per Pr.C. 1850(a)(1). RECOMMENDATION Inquire status. When documents are not filed as ordered, court may set a hearing in accord with Pr.C (cbr)

40 Page: 27 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON DS CASE NAME: EDNA J. PIERCE Petition for Appointment of Conservator VALERIE N. ANDERSON (CPE)...PRO/PER EDNA J. PIERCE (PCE)... Continued from 06/22/10, 07/20/10 and 08/24/10. Petitioner to file a motion to withdraw petition as a Conservatorship is no longer needed. Continued from 10/06/10 to file a petition to dismiss. THIS CASE IS SET FOR HEARING ON Petition for Appointment of Conservatorship, person and estate, by daughter. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner was appointed Successor Letters of Guardianship and Conservatorship on in Newton County Missouri. Petitioner alleges she has power of attorney over the proposed conservatee s health care and financial needs but has been ordered by the Circuit Court of Newton County, Missouri to establish a conservatorship in San Bernardino County before the court will dismiss proceedings in Missouri. Does Court wish to require a copy of the Durable Power of Attorney? JTD. 2. Petitioner requests no bond be required as she currently has Durable Power of Attorney for the proposed conservatee s financial matters. If bond is required, suggest bond of $55,000 (includes recovery costs) based on estimated value of personal property of $49, JTD. 3. Petitioner indicates that Section 11 of the petition does not list all second-degree relatives, specifically, Brian H. Pierce s (prior conservator) children due to the alleged refusal of Mr. Pierce s attorney to release such information. Does court wish to require Declarations of Due Diligence? JTD. 4. Petitioner seeks medical powers. Need Medical Capacity Declaration. 5. Need Court Investigator s Report.

41 6. Need return of Citation. 7. Need Certificate of Completion re: Conservatorship Class. 8. Need Notice of Hearing with proof of service. 9. Court to review Confidential Interoffice Memo by CI (tabbed) dated 06/21/ Need motion to withdraw. RECOMMENDATION: Need motion to withdraw. (cbr)

42 Page: 28 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: STANLEY KRASOVEC SEE ALSO 28A Petition for ORDER TO APPROVE C'TEES IRREVOCABLE TRUST, FUND IRREVOCABLE TRUST WITH C'TEES ASSETS W A HLAVATY (CPE)...C.L. FARRELL STANLEY KRASOVEC (CEP)... FRANK J PRAINITO (PET)... W. A. HLAVATY (PET)...C.L. FARRELL J BYRON STREIFLING (TP )...J BYRON STREIFLING THIS CASE SET FOR HEARING ON Petition for Order to Approve Conservatee s Irrevocable Trust and Pour Over Will Nunc Pro Tunc as of 01/19/10, to Fund Trust, Fix Bond, Terminate Conservatorship and Allowance of Fees Pr. C THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner brings forth this petition under Pr. C However, Pr. C. 2580(b)(5) applies to a living Conservatee. Question whether petitioner is bringing this petition as Pr. C. 850 i.e. Heggstad? Need verified supplement. 2. Petitioner is requesting that the following estate plan documents be Nunc Pro Tunc to 01/19/10 as they were signed 2 months prior to Conservatee s death on 03/28/10: a. Declaration of Trust. b. Comprehensive Transfer Document. c. Bill of Sale. d. Assignment of Motor Vehicles. e. Grant deeds to real property. f. Last Will and Testament (which distributes to the trust).

43 3. Petitioner alleges that the Conservatee did not lack capacity at the time the documents were signed. It appears that the Conservatee was able to make his own medical decisions during the Conservatorship. 4. Petitioner is requesting an order authorizing W.A. Hlavaty as Conservator to be approved as trustee and to transfer all of the assets of the Conservatorship Estate to W.A. Hlavaty as Trustee of the 2010 Stanley Krasovec Irrevocable trust. Petitioner is also requesting those monies be unblocked in order to make the transfer. The following are concerns need verified supplement: a. It appears the trust makes outright distribution to two beneficiary and remainder to charities. b. What benefit is being gained as there is no estate tax requirement for Question if there is an estate tax return being filed. c. Under what authority can a trust be funded post death absent a probate? 5. Petitioner is requesting bond of $70,000 as trustee (The value of the estate is $3,435, [cash of $59,953.25, two parcels of real property with a carry value of $1,350,000, personal property of $8,500 and the balance in securities]). Petitioner is requesting that the unblocked accounts be re-blocked and to show proof to the court in 30 days. 6. Petitioner is requesting the Conservatorship be terminated and bond exonerated. 7. Petitioner is requesting to pay attorney Streifling $2, for 8.3 hours at $275 per hour for attorney services in the estate planning. Itemized. JTD 8. Need notice of hearing and proof of service. RECOMMENDATION Need to clear notes. (cbr)

44 Page: 28A HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: STANLEY KRASOVEC SEE ALSO 28 SECOND Account and Report of W A HLAVATY and Petition for allowance of fees filed. W A HLAVATY (CPE)...C.L. FARRELL STANLEY KRASOVEC (CEP)... FRANK J PRAINITO (PET)... W. A. HLAVATY (PET)...C.L. FARRELL J BYRON STREIFLING (TP )...J BYRON STREIFLING Continued from 9/9/10 and 10/14/10 for judge to review. THIS CASE IS SET FOR HEARING ON Second Account Current and Petition for Allowance of Fees and for Termination of Conservatorship THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Accounting covers period: 1/1/09 3/28/10 2. Assets on hand: $3,435, (cash of $59,953.25, two parcels of real property with a carry value of $1,350,000, personal property of $8,500 and the balance in securities) 3. Conservatee died on 3/28/10 4. During the accounting period, petitioner alleges conservatee met with Attorney J. Byron Streifling to draft estate planning documents including a grantor irrevocable trust, bill of sale, transfer (of assets) agreement, a pour over will, etc. Petitioner alleges that the conservatee executed the documents and petitioner will seek an order to approve the estate plan by separate petition. As petitioner is seeking to terminate the conservatorship, court may wish to require petitioner to bring the petition to approve the execution of the estate planning documents forthwith. JTD 5. If the estate plan documents and Trust has not been approved by the court or the purported Trust not funded, question the validity of the Trust? File

45 verified supplement. 6. Petitioner requests fees of $60, Billed at various rates for various services not exceeding $95/hour. The fees appear excessive for a 14- month accounting period as well as approximately three times more than the first account current. Additionally, the fees add up to more than the corporate trustee s charge (e.g., 1% of the trust corpus annually). Need declaration or verified supplement as to the unusual or extraordinary tasks to support the requested fee. Supp: itemization and categorization of fees is submitted. Petitioner alleges he must be available 24/7 as conservatee was of advanced age and in declining health. Petitioner further alleges that there were many medical appointments which petitioner had to attend because of conservatee s behavior of being extremely introverted. 7. Petitioner requests reimbursement of costs of $1, Itemized. 8. Attorney requests fees of $10, Billed at $300/hour for 34.4 hours. Itemized. Counsel charges a total of 2.8 hours, or $840, to review the conservatee s estate plan documents. Petitioner previously advised that Attorney Striefling was retained for this purpose. Counsel believes that the full fee of $10,170 should be granted. JTD 9. Petitioner requests that the conservatorship be terminated as the conservatee died. Question if the assets in the conservatorship have been transferred to the conservatee s Trust? If the Trust is not yet funded, question whether conservatee s assets will need to be distributed to the personal representative of conservatee s probate estate? Supp: Petitioner alleges he will cause his ex parte petition for order to approve conservatee s Irrevocable Trust and Pour Over Will nunc pro tunc as of 1/19/09. If granted, petitioner proposes to fund the Trust with the conservatorship assets. If the petition is not granted, the court can make additional orders as needed. (see previous matter) RECOMMENDATION: Court s discretion. If approved, set hearing on the filing of receipts and final discharge for 11/23/11. (gls/smj/cbr)

46 Page: 29 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: MTR OF ANDREW BADILLA ARMSTRONG Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of CARMEN SAUCEDO ARMSTRONG CARMEN SAUCEDO ARMSTRONG (CP )...CARROLL M LAWSON ANDREW BADILLA ARMSTRONG (CTP)...MITCHELL I ROTH MARTHA ARMSTRONG (CPE)... ANDREW BADILLA ARMSTRONG (CEP)... THIS CASE SET FOR HEARING ON Compliance Review THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Court appointed conservator of the person only on 04/14/10. Letters do not appear to be in the file. Court to inquire. 2. Need proof of service of a copy of the Order for Conservatorship with Notification of Conservatee s rights per Pr.C. 1830(c). 3. Need Statement of Care Plan in accord with Pr.C Need Court Investigator 6 month report per Pr.C. 1850(a)(1). RECOMMENDATION Inquire status. When documents are not filed as ordered, court may set a hearing in accord with Pr.C (cbr)

47 Page: 29A HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS CASE NAME: OTHEL CHARLES MARTIN PETITION FOR APPROVAL OF Account and Report of SUSAN REED and Petition for allowance of fees filed. SUSAN REED (CPE)...DIXIE J ALLISON OTHEL CHARLES MARTIN (CEP)...SHERRI L KASTILAHN Conservatee died on 01/10/10. Continued from 09/29/10 at request of counsel to file an amended accounting. Nothing new filed. THIS CASE SET FOR HEARING ON Petition for First and Final Account and Allowance of Fees. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Accounting period 03/22/10 07/31/10. Conservatee died on 01/10/10. Need separate accountings for pre-death and post-death per Pr. C. 2620(b). 2. Additionally, the stated amount in credits is added incorrectly. 3. Assets on hand $600, cash. 4. Final Inventory and Appraisal filed. However, the Inventory and Appraisal must contain the Conservatee s bank accounts at date of appointment or 08/23/10 when bond posted and letters issued. Also need original bank statements to support values including a copy of the bank statement just prior to the date of appointment per Pr.C. 2620(c)(2). 5. Petitioner indicates a loss on the sale of the real property. However, there is a gain of $4,000. The closing costs are expenses, which are not itemized in the schedule Need amended schedule and accounting to reflect closing costs. 6. Disbursements are not on mandatory Judicial Council Forms. Need the same. 7. Need Conservatee s list of addresses per local rule (a). 8. Need statement re cash has been in an interest bearing account Pr. C. 1064(a)(5).

48 9. Need statement re family or affiliate relationship between the fiduciary and any agent hired by the fiduciary Pr.C. 1064(a)(4). 10. Attorney is requesting fees of $13, for hours at $250 per hour. Itemized. JTD 11. Attorney is requesting travel time of $2,000 for 16 hours at $125 per hour. Itemized. The court generally allows a non-professional conservator $25-$30/hour. Travel time appears to be excessive. Does court wish to reduce fee to $50 per hour for a total of $800. JTD 12. Petitioner is requesting $5,000 in Conservator fees. Petitioner states this amount is less than 1% of the estate; however, there is no itemization of services. Need itemization. 13. Objections filed by court-appointed attorney for conservatee. RECOMMENDATION Need amended accounting(s) and report, then set for contested hearing. (cbr/smj/cbr) FUTURE HEAINGS: 12/14/10 Petition for ATTORNEY FEES

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 6 PROBATE. Rule Eff. Page

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 6 PROBATE. Rule Eff. Page DIVISION 6 PROBATE Chapter 1. General Information 600 Application 07/01/08 6-7 601.01 Filing Procedures, Hearings, and Telephone Appearances 07/01/08 6-7 601.02 Vacated 07/01/08 6-7 601.03 Lodging Voluminous

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER FOUR PROBATE DIVISION RULES...92

SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES CHAPTER FOUR PROBATE DIVISION RULES...92 CHAPTER FOUR PROBATE DIVISION RULES...92 GENERAL PROVISIONS...92 4.1 APPLICABILITY OF RULES...92 (a) Applicability of Rules...92 (b) Rules of Construction...92 (c) Jurisdiction...92 4.2 EXCUSE FROM COMPLIANCE...92

More information

LOCAL RULES EL DORADO COUNTY

LOCAL RULES EL DORADO COUNTY 10.00.00 PROBATE PROCEEDINGS () 10.00.01 PROBATE CALENDAR AND TENTATIVE RULING SYSTEM A. PROBATE CALENDAR. The probate calendar shall be heard pursuant to the scheduling established by the Superior Court

More information

RULE 6 PROBATE DEPARTMENT (Rev./Eff. 1/1/13)

RULE 6 PROBATE DEPARTMENT (Rev./Eff. 1/1/13) RULE 6 PROBATE DEPARTMENT (Rev./Eff. 1/1/13) A. Probate Matters. Matters governed by the Probate Code, except compromises for minors and incompetents arising from matters not governed by the Probate Code,

More information

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 6 PROBATE. Rule Eff. Page

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 6 PROBATE. Rule Eff. Page DIVISION 6 PROBATE Rule Eff. Page Chapter 1. General Information 600 Application 07/01/08 6-7 601.01 Filing Procedures 01/01/14 6-7 601.02 Vacated 07/01/08 6-8 601.03 Lodging Voluminous Material for Review

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES As Amended Effective January 1, 2006 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice and Records 400 County Center,

More information

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 11. Conservatorships

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 11. Conservatorships Chapter 11 Conservatorships Rule 611.01 Appointment of Out-of-State Conservators Generally, the court will not appoint an out-of-state conservator unless sufficient facts exist to support a finding that

More information

Calendar date of 12/08/10 *****

Calendar date of 12/08/10 ***** Calendar date of 12/08/10 All corrections/supplements addressing notes on this calendar should be filed prior to the hearing and no later than 12/01/10. Documents filed after this time may not be reviewed

More information

MASTER WILL FORM USE FOR ILLISTRATION PURPOSES ONLY

MASTER WILL FORM USE FOR ILLISTRATION PURPOSES ONLY LAST WILL AND TESTAMENT OF (Insert full name of Testator/Testatrix) [Master Will Form Updated 4/18/12] [Complete, edit or delete all (italics) as applicable]. [Delete or edit any Articles, sentences, or

More information

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 7. Miscellaneous Petitions

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE. Chapter 7. Miscellaneous Petitions Chapter 7 Miscellaneous Petitions Rule 607.01 Petitions for Family Allowance A petition for family allowance for the surviving spouse, minor children of the decedent, or physically or mentally incapacitated

More information

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 6 PROBATE

LOCAL RULES SUPERIOR COURT of CALIFORNIA, COUNTY of ORANGE DIVISION 6 PROBATE DIVISION 6 PROBATE Rule Eff. Page Chapter 1. General Information 600 Application 07/01/08 6-7 601.01 Filing Procedures 01/01/16 6-7 601.02 Vacated 07/01/08 6-8 601.03 Lodging Voluminous Material for Review

More information

PREVIEW. d. Paragraph 4 allows the Trustor the right to revoke, amend or alter the Trust agreement.

PREVIEW. d. Paragraph 4 allows the Trustor the right to revoke, amend or alter the Trust agreement. Information & Instructions: Life insurance trust 1. A life insurance Trust places the proceeds of a life insurance policy into a separate Trust so that the funds may be used and administered pursuant to

More information

San Juan County Probate Court

San Juan County Probate Court San Juan County Probate Court Stacey D. Biel Probate Judge 100 S. Oliver Dr. Suite 200 Aztec, New Mexico 87410 (505) 334-9471 Testate (WILL) 1B-305. General instructions for probates (will). A. Determine

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO LOCAL COURT RULES As Amended Effective January 1, 2011 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO Hall of Justice and Records 400 County Center,

More information

2018 Probate, Trust and Estate Planning Law Manual

2018 Probate, Trust and Estate Planning Law Manual 2018 Probate, Trust and Estate Planning Law Manual This Manual incorporates changes resulting from case law and legislation through the year 2017. www.iowabar.org TABLE OF CONTENTS Introduction and Instructions.

More information

Superior Court of California, County of Contra Costa. Fee Waiver Packet. (Guardianship and Conservatorship) What you will find in this packet:

Superior Court of California, County of Contra Costa. Fee Waiver Packet. (Guardianship and Conservatorship) What you will find in this packet: Superior Court of California, County of Contra Costa Fee Waiver Packet (Guardianship and Conservatorship) What you will find in this packet: Information Sheet on Waiver of Court Fees and Costs (FW-001-INFO)

More information

LAST WILL AND TESTAMENT OF. John Doe. ARTICLE ONE Marriage and Children. ARTICLE TWO Debts and Expenses

LAST WILL AND TESTAMENT OF. John Doe. ARTICLE ONE Marriage and Children. ARTICLE TWO Debts and Expenses BE IT KNOWN THIS DAY THAT, LAST WILL AND TESTAMENT OF John Doe I, John Doe, of Buck County, Illinois, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace,

More information

ORPHANS' COURT DIVISION RULE 14

ORPHANS' COURT DIVISION RULE 14 ORPHANS' COURT DIVISION RULE 14 RULE 14. INCAPACITATED PERSONS; GUARDIANS Sec. 1. Petition Contents. (a) A petition for the appointment of a guardian of the estate or person of an alleged incapacitated

More information

DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT

DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT RECORDING REQUESTED BY WHEN RECORDED MAIL TO Space above this line for recorder's use DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT (NAME), Principal to (NAME), Agent Notice to Person Executing Durable

More information

NC General Statutes - Chapter 30 1

NC General Statutes - Chapter 30 1 Chapter 30. Surviving Spouses. ARTICLE 1. Dissent from Will. 30-1 through 30-3: Repealed by Session Laws 2000-178, s. 1. Article 1A. Elective Share. 30-3.1. Right of elective share. (a) Elective Share.

More information

Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2016

Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2016 Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2016 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case

More information

Missouri Revised Statutes

Missouri Revised Statutes Missouri Revised Statutes Chapter 404 Transfers to Minors--Personal Custodian and Durable Power of Attorney August 28, 2013 Law, how cited. 404.005. Sections 404.005 to 404.094 may be cited as the "Missouri

More information

Guardianship/Conservatorship Changes in SB 806

Guardianship/Conservatorship Changes in SB 806 Missouri Senate Bill No. 806 Effective: August 28, 2018 All statutory references are to RSMo 2018 unless otherwise indicated. Guardianship/Conservatorship Changes in SB 806 Summary by Annie Ebert and David

More information

PROPOSED RULE CHANGES (REPEAL AND REENACTMENT) COLORADO RULES OF PROBATE PROCEDURE

PROPOSED RULE CHANGES (REPEAL AND REENACTMENT) COLORADO RULES OF PROBATE PROCEDURE PART 1: GENERAL PROPOSED RULE CHANGES (REPEAL AND REENACTMENT) COLORADO RULES OF PROBATE PROCEDURE Rule 1 Scope of Rules How Known and Cited Rule 2 Definitions Rule 3 Registry of Court Payments and Withdrawals

More information

Superior Court of California Santa Cruz Civil Fee Schedule 1 Effective October 10, 2015

Superior Court of California Santa Cruz Civil Fee Schedule 1 Effective October 10, 2015 Superior Court of California Santa Cruz Civil Fee Schedule 1 Effective October 10, 2015 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil

More information

Appendix A STATUTORY DURABLE POWER OF ATTORNEY

Appendix A STATUTORY DURABLE POWER OF ATTORNEY Appendix A STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES

More information

Superior Court of California Statewide Civil Fee Schedule 1 Effective July 1, 2018

Superior Court of California Statewide Civil Fee Schedule 1 Effective July 1, 2018 Superior Court of California Statewide Civil Fee Schedule 1 Effective July 1, 2018 INITIAL FILING FEES IN CIVIL CASES Code Section(s) Total Fee Due Unlimited Civil Cases 1 Complaint or other first paper

More information

Article 1. Transfer of Personal Property Not Exceeding $75, in Value. Article 2. Setting Aside Estates Not Exceeding $75,

Article 1. Transfer of Personal Property Not Exceeding $75, in Value. Article 2. Setting Aside Estates Not Exceeding $75, CHAPTER 31 DISPOSITION OF ESTATES OF SMALL VALUE 2014 NOTE: Unless otherwise indicated, this Title includes annotations drafted by the Law Revision Commission from the enactment of Title 15 GCA by P.L.

More information

Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective October 10, 2015

Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective October 10, 2015 Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective October 10, 2015 INITIAL FILING FEES IN CIVIL CASES UNLIMITED CIVIL CASES Complaint or other first paper in unlimited civil

More information

Event Amended Annual Accounting Application to Appoint Commissioner Annual Accounting (Estate) Attorney's Affidavit Application to Appoint Guardian

Event Amended Annual Accounting Application to Appoint Commissioner Annual Accounting (Estate) Attorney's Affidavit Application to Appoint Guardian Event Amended Annual Accounting Application to Appoint Commissioner Annual Accounting (Estate) Attorney's Affidavit Application to Appoint Guardian Agreement Among Heirs Amended Annual Plan Annual Accounting

More information

IN RE: OFFICIAL PROBATE FORMS: ADMINISTRATIVE ORDER NUMBER 12. Supreme Court of Arkansas Delivered January 28, 1999

IN RE: OFFICIAL PROBATE FORMS: ADMINISTRATIVE ORDER NUMBER 12. Supreme Court of Arkansas Delivered January 28, 1999 IN RE: OFFICIAL PROBATE FORMS: ADMINISTRATIVE ORDER NUMBER 12 S.W.2d Supreme Court of Arkansas Delivered January 28, 1999 PER CURIAM. The 1998 report of the Arkansas Supreme Court Committee on Civil Practice

More information

LANCASTER COUNTY RULES OF ORPHANS COURT

LANCASTER COUNTY RULES OF ORPHANS COURT LANCASTER COUNTY RULES OF ORPHANS COURT RULE 1. Judges - Local Rules RULE 1.2. Title and Citation of Rules These rules shall be known as the Lancaster County Rules of Orphans Court and may be cited as

More information

Superior Court of California

Superior Court of California Superior Court of California Statewide Civil Fee Schedule 1 Effective January 01, 2016 INITIAL FILING FEES IN CIVIL CASES Code Section(s) Total Fee Due Unlimited Civil Cases 1 Complaint or other first

More information

Superior Court of California County of Orange

Superior Court of California County of Orange ALAN CARLSON CHIEF EXECUTIVE OFFICER 700 CIVIC CENTER DR W CLERK OF THE SUPERIOR COURT SANTA ANA, CA 92702-1994 JURY COMMISSIONER FAX: (714)568-5784 December 1, 2008 NOTICE TO COMMUNITY USERS The following

More information

Colorado Supreme Court

Colorado Supreme Court FROM THE COURTS COURT BUSINESS Colorado Supreme Court Rule 55. Court Order Supporting Deed of Distribution Rule 56. Foreign Personal Representatives Rule 57. Reserved Rule 58. Reserved Rule 59. Reserved

More information

LAKE COUNTY, OHIO PROBATE COURT THE HONORABLE MARK J. BARTOLOTTA, JUDGE

LAKE COUNTY, OHIO PROBATE COURT THE HONORABLE MARK J. BARTOLOTTA, JUDGE Local Rules LAKE COUNTY, OHIO PROBATE COURT THE HONORABLE MARK J. BARTOLOTTA, JUDGE LAKE COUNTY RULE 8. Court Appointments. Rule 8.1 Persons appointed by the Court to serve as appraisers, fiduciaries,

More information

THE NEW MASSACHUSETTS UNIFORM PROBATE CODE. March, Webinar Handouts Chicago, Ticor, Lawyers and Commonwealth Title

THE NEW MASSACHUSETTS UNIFORM PROBATE CODE. March, Webinar Handouts Chicago, Ticor, Lawyers and Commonwealth Title THE NEW MASSACHUSETTS UNIFORM PROBATE CODE March, 9 2010 Webinar Handouts Chicago, Ticor, Lawyers and Commonwealth Title I. OVERVIEW a. Effective July 1, 2011 (Guardianship provisions were effective July

More information

Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective August 1, 2009

Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective August 1, 2009 Superior Court of California, County of Los Angeles CIVIL FEE SCHEDULE Effective August 1, 2009 INITIAL FILING FEES IN CIVIL CASES UNLIMITED CIVIL CASES 1 Complaint or other first paper in unlimited civil

More information

4/26/2012 MUPC AND REAL ESTATE. Boston Bar Association April 26, Zachary P. Allen, Esq. David Marshall Datz, P.C.

4/26/2012 MUPC AND REAL ESTATE. Boston Bar Association April 26, Zachary P. Allen, Esq. David Marshall Datz, P.C. MUPC AND REAL ESTATE Boston Bar Association April 26, 2012 Zachary P. Allen, Esq. David Marshall Datz, P.C. MUPC Terminology 1 Terminology Personal Representative Replaces executor, administrator, and

More information

Superior Court of California County of Stanislaus

Superior Court of California County of Stanislaus Superior Court of California County of Stanislaus Statewide Civil Fee Schedule[1] Effective October 10, 2015 INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint or other first paper in

More information

Superior Court of California Statewide Civil Fee Schedule 1 Effective June 27, 2012

Superior Court of California Statewide Civil Fee Schedule 1 Effective June 27, 2012 Superior Court of California Statewide Civil Fee Schedule 1 Effective June 27, 2012 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case

More information

Questions and Answers Probate By Yahne Miorini, LL.M.

Questions and Answers Probate By Yahne Miorini, LL.M. 1. When Do We Have Intestacy? The laws of intestacy may apply, when an individual dies intestate for at least a portion of his/her asset. This can happen in the following situations: (1) There is no Will;

More information

IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION

IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN THE COURT OF COMMON PLEAS OF ARMSTRONG COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION IN RE: ESTATE OF :. 03 - - : DECEASED : PETITION FOR ADJUDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa.O.C.

More information

CASE NO. 1D Buford Cody appeals the final order of the probate court which determined

CASE NO. 1D Buford Cody appeals the final order of the probate court which determined IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BUFORD CODY, Heir, v. Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-5550

More information

Superior Courts of California

Superior Courts of California Superior Courts of California NOTICE OF NEW FEES Effective January 1, 2014 As a result of an amendment to California Rules of Court rule 8.130, a $50 fee shall be charged to parties who deposit funds with

More information

1B-102. Probate definitions. A. General. The following is a list of simplified definitions of certain legal terms that you, as the personal

1B-102. Probate definitions. A. General. The following is a list of simplified definitions of certain legal terms that you, as the personal 1B-102. Probate definitions. A. General. The following is a list of simplified definitions of certain legal terms that you, as the personal representative, may need to understand in your probate action.

More information

Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2015

Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2015 Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2015 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case

More information

Superior Court of California Statewide Civil Fee Schedule 1 Effective October 25, 2010

Superior Court of California Statewide Civil Fee Schedule 1 Effective October 25, 2010 Superior Court of California Statewide Civil Fee Schedule 1 Effective October 25, 2010 INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case

More information

GENERAL LAWS OF MASSACHUSETTS (source: www. mass.gov) CHAPTER 203. TRUSTS. CREATION OF TRUSTS. Chapter 203, Section 1. Trusts in realty; necessity of

GENERAL LAWS OF MASSACHUSETTS (source: www. mass.gov) CHAPTER 203. TRUSTS. CREATION OF TRUSTS. Chapter 203, Section 1. Trusts in realty; necessity of GENERAL LAWS OF MASSACHUSETTS (source: www. mass.gov) CHAPTER 203. TRUSTS. CREATION OF TRUSTS. Chapter 203, Section 1. Trusts in realty; necessity of writing. Chapter 203, Section 2. Record of trust; effect.

More information

IN AND FOR THE COUNTY OF WASHOE., Case No. GUARDIAN S ACKNOWLEDGMENT OF DUTIES AND RESPONSIBILITIES OF A GUARDIAN OF THE ESTATE

IN AND FOR THE COUNTY OF WASHOE., Case No. GUARDIAN S ACKNOWLEDGMENT OF DUTIES AND RESPONSIBILITIES OF A GUARDIAN OF THE ESTATE Code: Name: Address: Telephone: Email: Self-Represented Litigant 1 1 1 1 1 IN THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA In the Matter of the Guardianship of The Person only The Estate only

More information

FORMS 10. ORDER ADMITTING WILL TO PROBATE AND AUTHORIZING LETTERS TESTAMENTARY... 30

FORMS 10. ORDER ADMITTING WILL TO PROBATE AND AUTHORIZING LETTERS TESTAMENTARY... 30 FORMS DECEDENT S ESTATE 1. MOTION TO ENTER SAFE DEPOSIT BOX... 8 2. ORDER TO ENTER SAFE DEPOSIT BOX... 10 3. APPLICATION FOR APPOINTMENT OF TEMPORARY ADMINISTRATOR... 11 4. ORDER APPOINTING TEMPORARY ADMINISTRATOR...

More information

NC General Statutes - Chapter 28A 1

NC General Statutes - Chapter 28A 1 Chapter 28A. Administration of Decedents' Estates. Article 1. Definitions and Other General Provisions. 28A-1-1. Definitions. As used in this Chapter, unless the context otherwise requires, the term: (1)

More information

Final Report: January 23, 2018 Draft Report: January 10, 2018 Date Submitted: December 1, 2017

Final Report: January 23, 2018 Draft Report: January 10, 2018 Date Submitted: December 1, 2017 PATRICIA W. GRIFFIN MASTER IN CHANCERY COURT OF CHANCERY OF THE STATE OF DELAWARE CHANCERY COURTHOUSE 34 The Circle GEORGETOWN, DELAWARE 19947 Final Report: Draft Report: January 10, 2018 Date Submitted:

More information

Local Rules effective January 1, 2018 TABLE OF CONTENTS

Local Rules effective January 1, 2018 TABLE OF CONTENTS Local Rules effective TABLE OF CONTENTS TITLE 1. GENERAL AND ADMINISTRATIVE RULES Chapter 1 General and Administrative Rules Page No. Rule 1.1 Citation and effect of rules 1-1 Rule 1.2 Construction and

More information

(c) In the construction of these rules, the rules governing the construction of statutes shall apply.

(c) In the construction of these rules, the rules governing the construction of statutes shall apply. ARTICLE 18: PROBATE PROCEEDINGS 18.00 GENERAL PROVISIONS (a) The following rules are adopted as rules of the Circuit Court of Kane County, Illinois applicable to proceedings in Probate, Chancery, Eminent

More information

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN THE MATTER OF THE ) PURPORTED LAST WILL AND ) TESTAMENT OF PAUL F. ZILL, ) DATED MARCH 26, 2006, AND ) C.A. No. 2593-MA STATUS OF BARBARA ZILL, ) EXECUTRIX

More information

CHAPTER 33 ADMINISTRATION OF TRUSTS ARTICLE 1 TESTAMENTARY TRUSTS

CHAPTER 33 ADMINISTRATION OF TRUSTS ARTICLE 1 TESTAMENTARY TRUSTS CHAPTER 33 ADMINISTRATION OF TRUSTS 2014 NOTE: Unless otherwise indicated, this Title includes annotations drafted by the Law Revision Commission from the enactment of Title 15 GCA by P.L. 16-052 (Dec.

More information

Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective July 5, 2012

Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective July 5, 2012 Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective July 5, 2012 Connie Mazzei Court Executive Officer Court Locations Salinas Courthouse Monterey Courthouse

More information

Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective January 1, 2016

Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective January 1, 2016 Superior Court of California County of Monterey STATEWIDE CIVIL FEE 1 AND LOCAL FEE SCHEDULE Effective January 1, 2016 Chris Ruhl Court Executive Officer Court Locations Salinas Courthouse Monterey Courthouse

More information

NC General Statutes - Chapter 34 1

NC General Statutes - Chapter 34 1 Chapter 34. Veterans' Guardianship Act. 34-1. Title. This Chapter shall be known as "The Veterans' Guardianship Act." (1929, c. 33, s. 1.) 34-2. Definitions. In this Chapter: The term "benefits" shall

More information

Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2012

Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2012 Superior Court of California Statewide Civil Fee Schedule 1 Effective January 1, 2012 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper in unlimited civil case

More information

Harry Stathis H.C. STATHIS & CO. 1, 262 Macquarie Street LIVERPOOL 2170

Harry Stathis H.C. STATHIS & CO. 1, 262 Macquarie Street LIVERPOOL 2170 Harry Stathis H.C. STATHIS & CO. 1, 262 Macquarie Street LIVERPOOL 2170 WILLS 1. Introduction to Wills, what constitutes an effective will? 2. Why do I need to make a will? 3. When do I need to make a

More information

Commonwealth of Kentucky Court of Appeals

Commonwealth of Kentucky Court of Appeals RENDERED: SEPTEMBER 5, 2014; 10:00 A.M. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. 2013-CA-000611-MR and NO. 2013-CA-000654-MR VERA L. HAMMOND APPELLANT/CROSS-APPELLEE APPEAL & CROSS-APPEAL

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS In re Estate of JOSEPHINE M. ROOSEN, a Protected Individual. DENISE M. HUDSON, Conservator, Petitioner-Appellee, UNPUBLISHED July 9, 2009 v No. 282979 Wayne Probate Court

More information

IC Chapter 17. Distribution and Discharge

IC Chapter 17. Distribution and Discharge IC 29-1-17 Chapter 17. Distribution and Discharge IC 29-1-17-1 Order of court; perishable property; depreciable property; storage or preservation; income and profits Sec. 1. (a) At any time during the

More information

PROPOSED AMENDMENTS TO K.S.A , AND

PROPOSED AMENDMENTS TO K.S.A , AND PROPOSED AMENDMENTS TO K.S.A. 59-2222, 59-2247 AND 59-3086 GENERAL COMMENT During the 2006 Legislative session, SB 536 was introduced at the suggestion of Judge David Mikesic, who heads the probate department

More information

Glossary of Estate Planning Terms

Glossary of Estate Planning Terms Glossary of Estate Planning Terms Lawyers are notorious for using Latin and legal terms that are unfamiliar to most people, sometimes called "legalese." Professionals working in estate planning and probate

More information

COUNSEL JUDGES OPINION

COUNSEL JUDGES OPINION 1 ALLEN V. AMOCO PROD. CO., 1992-NMCA-054, 114 N.M. 18, 833 P.2d 1199 (Ct. App. 1992) DOROTHY B. ALLEN, Plaintiff-Appellant, vs. AMOCO PRODUCTION COMPANY, et al., Defendants-Appellees, JACK D. ALLEN, et

More information

Estate Planning Highlights of the 2017 Texas Legislature Prof. Gerry W. Beyer

Estate Planning Highlights of the 2017 Texas Legislature Prof. Gerry W. Beyer 1 Which of the following cities was designated as the official wedding capital of Texas? A. Lovelady. B. Cut and Shoot. C. Ropesville. D. Dripping Springs. 2 Which one of the following was designed as

More information

Beverly Hills Bar Association Trusts & Estates Section. Case Summaries for May and June of 2018

Beverly Hills Bar Association Trusts & Estates Section. Case Summaries for May and June of 2018 Beverly Hills Bar Association Trusts & Estates Section Case Summaries for May and June of 2018 Case Updates Sveen v. Melin (Decided June 11, 2018) United States Supreme Court Case No. 16-1432 (Certiorari

More information

Calendar date of 11/18/10 *****

Calendar date of 11/18/10 ***** Calendar date of 11/18/10 THE NOTES BELOW REPRESENT NOTES AFTER THE SECOND CHECK HAS BEEN COMPLETED. NO FURTHER DOCUMENTS WILL BE REVIEWED PRIOR TO HEARING. ***** The Probate Examiners can be reached at

More information

Superior Courts of California

Superior Courts of California Superior Courts of California NOTICE OF FEE CHANGES Effective August 10, 2009 As a result of the enactment of Senate Bill X4 13 (ch.22 Statutes of 2009) on July 28, 2009, various civil filing fees and

More information

Burnett County Circuit Court Rules

Burnett County Circuit Court Rules Burnett County Circuit Court Rules Tenth Judicial District Effective Date: July 7, 2007 Part 1: Tenth Judicial District Rules Part 2: Court Practice Part 3: Civil Practice Part 4: Criminal Practice Part

More information

Robertson and Conflicts of Interest in Trust and Estate Administration

Robertson and Conflicts of Interest in Trust and Estate Administration Robertson and Conflicts of Interest in Trust and Estate Administration Lisa Babish Forbes, Esq. Philip F. Downey, Esq. Vorys, Sater, Seymour and Pease LLP 1 Introduction Legal malpractice claims against

More information

INSTRUCTIONS FOR PROBATE WITHOUT A WILL DO I NEED TO FILE PROBATE DOCUMENTS WITH THE COURT?

INSTRUCTIONS FOR PROBATE WITHOUT A WILL DO I NEED TO FILE PROBATE DOCUMENTS WITH THE COURT? INSTRUCTIONS FOR PROBATE WITHOUT A WILL These standard instructions are for informational purposes only and do not constitute legal advice about your case. There may be exceptions to the information outlined

More information

TITLE XII CHOCTAW PROBATE CODE

TITLE XII CHOCTAW PROBATE CODE TITLE XII CHOCTAW PROBATE CODE 1 CHAPTER 1. GENERAL PROVISIONS... 4 12-1-1 Jurisdiction... 4 12-1-2 Construction... 4 12-1-3 Effect of Fraud and Evasion... 4 12-1-4 Evidence as to Death or Status... 5

More information

Superior Court of California County of El Dorado Statewide Civil Fee Schedule 1 Effective October 10, 2015

Superior Court of California County of El Dorado Statewide Civil Fee Schedule 1 Effective October 10, 2015 Superior Court of California County of El Dorado Statewide Civil Fee Schedule 1 Effective October 10, 2015 INITIAL FILING FEES IN CIVIL CASES Code Unlimited Civil Cases 1 Complaint or other first paper

More information

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE

IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE COURT CODE: 1780 Your Name: Address: City, State, Zip: Phone: Email: Self-Represented IN THE FAMILY DIVISION OF THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR THE COUNTY OF WASHOE

More information

Senate Bill No. 207 Committee on Judiciary CHAPTER...

Senate Bill No. 207 Committee on Judiciary CHAPTER... Senate Bill No. 207 Committee on Judiciary CHAPTER... AN ACT relating to distribution of estates; authorizing a person to convey his interest in real property in a deed which becomes effective upon his

More information

[Additions are indicated by underlining and deletions are indicated by strikeover.]

[Additions are indicated by underlining and deletions are indicated by strikeover.] Order February 2, 2010 ADM File No. 2009-26 Amendments of Rules 5.105, 5.125, 5.201, 5.501, 5.801, and 5.802 of the Michigan Court Rules and Adoption of New Rule 5.208 of the Michigan Court Rules (to Replace

More information

Nottawaseppi Huron Band of the Potawatomi Tribal Court. Court Rules for Guardianship and Conservatorship Proceedings. Chapter 14

Nottawaseppi Huron Band of the Potawatomi Tribal Court. Court Rules for Guardianship and Conservatorship Proceedings. Chapter 14 Nottawaseppi Huron Band of the Potawatomi Tribal Court Court Rules for Guardianship and Conservatorship Proceedings Chapter 14 Section 1: Title This Chapter of Court Rules will be known as the Court Rules

More information

Guardianships/Conservatorships for Adults. Oakland County Probate Court

Guardianships/Conservatorships for Adults. Oakland County Probate Court Guardianships/Conservatorships for Adults Oakland County Probate Court Honorable Jennifer Callaghan Honorable Linda S. Hallmark Honorable Daniel A. O'Brien Honorable Kathleen A. Ryan #1 A series of brochures

More information

Marin Superior Court Probate Calendar Tentative Rulings

Marin Superior Court Probate Calendar Tentative Rulings 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

More information

ELDER LAW AND SPECIAL NEEDS SECTION NEW YORK STAT BAR ASSOCIATION FALL 2015 POWERS OF ATTORNEY - COVERING ALL CONTINGENCIES

ELDER LAW AND SPECIAL NEEDS SECTION NEW YORK STAT BAR ASSOCIATION FALL 2015 POWERS OF ATTORNEY - COVERING ALL CONTINGENCIES ELDER LAW AND SPECIAL NEEDS SECTION NEW YORK STAT BAR ASSOCIATION FALL 2015 POWERS OF ATTORNEY - COVERING ALL CONTINGENCIES Richard A. Weinblatt, Esq. Haley Weinblatt & Calcagni, LLP 1601 Veterans Memorial

More information

MASSACHUSETTS STATUTES (source: CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC.

MASSACHUSETTS STATUTES (source:   CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC. MASSACHUSETTS STATUTES (source: www.mass.gov) CHAPTER 204. GENERAL PROVISIONS RELATIVE TO SALES, MORTGAGES, RELEASES, COMPROMISES, ETC., BY EXECUTORS, ETC. GENERAL PROVISIONS. Chapter 204, Section 1. Specific

More information

Superior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2013 Code Section(s)

Superior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2013 Code Section(s) Superior Court of California County of El Dorado Civil Fee Schedule 1 & Select Criminal/Traffic Fees Effective January 1, 2013 INITIAL FILING FEES IN CIVIL CASES Unlimited Civil Cases 1 Complaint or other

More information

PROBATE COURT OF THE TOWN OF LITTLE COMPTON ADMINISTRATIVE RULES

PROBATE COURT OF THE TOWN OF LITTLE COMPTON ADMINISTRATIVE RULES PROBATE COURT OF THE TOWN OF LITTLE COMPTON ADMINISTRATIVE RULES Pursuant to Rhode Island General Laws 33-22-29 the Probate Court of the Town of Little Compton hereby establishes and adopts the following

More information

DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION Disposition without Administration

DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION Disposition without Administration DISPOSITION OF PERSONAL PROPERTY WITHOUT ADMINISTRATION 735.301 Disposition without Administration No Administration shall be required or formal proceedings instituted upon the estate of the decedent leaving

More information

2. THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

2. THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS. Power of Attorney for Financial Matters for THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT

More information

PETITION FOR YEAR S SUPPORT INSTRUCTIONS. 1. This form is to be used for filing a Petition for Year s Support pursuant to O.C.G.A et seq.

PETITION FOR YEAR S SUPPORT INSTRUCTIONS. 1. This form is to be used for filing a Petition for Year s Support pursuant to O.C.G.A et seq. PETITION FOR YEAR S SUPPORT INSTRUCTIONS I. Specific Instructions 1. This form is to be used for filing a Petition for Year s Support pursuant to O.C.G.A. 53-3-1 et seq. 2. The amount set apart shall be

More information

FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE

FORMAL APPOINTMENT OF PERSONAL REPRESENTATIVE District Court Denver Probate Court County, Colorado Court Address: In the Matter of the Estate of: Deceased Attorney or Party Without Attorney (Name and Address): Case Number: COURT USE ONLY Phone Number:

More information

Dr. Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law

Dr. Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law Dr. Gerry W. Beyer Governor Preston E. Smith Regents Professor of Law Texas Tech University School of Law 1 Which of the following cities was designated as the official wedding capital of Texas? A. Lovelady.

More information

The Public Guardian and Trustee Act

The Public Guardian and Trustee Act Consolidated to September 23, 2011 1 The Public Guardian and Trustee Act being Chapter P-36.3* of the Statutes of Saskatchewan, 1983 (effective April 1, 1984) as amended by the Statutes of Saskatchewan,

More information

2014 Top Ten Best Practices List

2014 Top Ten Best Practices List 2014 Top Ten Best Practices List Each year I try a different approach to presenting the Top 10 Best Practices Tips. This year I ll present it by category of which there are 8---with multiple sub-parts---in

More information

STATUTORY DURABLE POWER OF ATTORNEY

STATUTORY DURABLE POWER OF ATTORNEY STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU

More information

No. 115,977 1 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. TERSA A. CHANEY, Appellee,

No. 115,977 1 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. TERSA A. CHANEY, Appellee, No. 115,977 1 IN THE COURT OF APPEALS OF THE STATE OF KANSAS TERSA A. CHANEY, Appellee, v. JEFFREY D. ARMITAGE and JERALD D. ARMITAGE, Co-Trustees of THE DON A. ARMITAGE REVOCABLE TRUST (In the Matter

More information

Probate Proceedings Why Can t They All Just Get Along?

Probate Proceedings Why Can t They All Just Get Along? Probate Proceedings Why Can t They All Just Get Along? Susan M. Redford Judicial Program Manager Texas Association of Counties susanr@county.org (432) 413-7840 Dynamics of the Family in Probate WE CAN

More information

THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT DEKALB COUNTY, ILLINOIS

THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT DEKALB COUNTY, ILLINOIS THE CIRCUIT COURT FOR THE TWENTY-THIRD JUDICIAL CIRCUIT IN THE MATTER OF THE ESTATE OF: [ ] [ ] Minor [ ] Disabled Person BOND TYPE: [ ] New [ ] Additional [ ] Sale of Mortgage of Real Estate AMOUNT OF

More information

Calendar date of 11/22/10 *****

Calendar date of 11/22/10 ***** Calendar date of 11/22/10 THE NOTES BELOW REPRESENT NOTES AFTER THE SECOND CHECK HAS BEEN COMPLETED. NO FURTHER DOCUMENTS WILL BE REVIEWED PRIOR TO HEARING. ***** The Probate Examiners can be reached at

More information

Appeals and Transfers from the Clerk of Superior Court. Introduction

Appeals and Transfers from the Clerk of Superior Court. Introduction Appeals and Transfers from the Clerk of Superior Court Ann M. Anderson June 2011 Introduction In addition to their other duties, North Carolina s clerks of superior court have wide-ranging judicial responsibility.

More information