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

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 ProbateNotes@sb-court.org. Emails 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 EMAILS 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

Page: 1 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH PROBATE DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000055 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. 17200(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)

Page: 2 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000115 CASE NAME: MTR OF JESSE S DE ANDA SEE ALSO COMPANION FILE PRODS1000206 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 03-23-10. Attorney Christopher Nelson states that objections have been prepared and sent to the court for filing. Continued from 05-04-10 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)

Page: 3 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000206 CASE NAME: THE JESSE S. DeANDA TRUST SEE ALSO COMPANION FILE PRODS1000115 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 10-09-01. On or about 07-26-06, 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 01-14-10. 2. 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

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 20-601. However, it appears that this action is brought pursuant to Pr.C. 17200.1 which states that all proceedings concerning the transfer of property of the trust shall be conducted pursuant to Pr.C. 850. 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)

Page: 3A San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000401 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

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

Page: 4 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000437 CASE NAME: VERA NORMA McKEON SEE ALSO COMPANION FILES PRODS1000610 ON PAGE 6 AND PROPS0800746 ON PAGES 15 & 16. Petition to determine succession to Real Property LINDA STUIVENGA (PET)...ANNE VERA NORMA MCKEON (DEC)... COMPANION FILES= PRODS1000610 & PROPS0800746 & CONPS0800201. 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

decedent s interest in the property must first be determined in the related case of Dennis McKeon (PROPS0800746). 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 PROPS800746. 4. Petition for Probate of Vera McKeon s estate filed by Janet Milton under case PRODS1000610 (page 6). Court may wish to consolidate case under lower number PRODS1000437. RECOMMENDATION: Need to clear notes then set for contested hearing. (gls/vet/cbr)

Page: 5 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000447 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 20-908 re filing of bank/investment statements. (fhl/smj/cbr/smj)

Page: 6 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000610 CASE NAME: VERA N MCKEON SEE ALSO COMPANION FILES PRODS1000437 ON PAGE 4 AND PROPS0800746 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= PRODS1000437 & PROPS0800746 & CONPS0800201. 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 $1,698,500.00. 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 PRODS1000437 (page 4). Court may wish to consolidate case under lower number PRODS1000437.

RECOMMENDATION: Consolidate cases under the lower number PRODS1000437 (note 4). Need to clear notes. (kra/cbr)

Page: 6A San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000706 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. 17200. 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 2010. 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.

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)

Page: 7 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000753 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 20-908. (cbr/smj)

Page: 8 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000771 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. 3100 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 $4,361.74 (itemized), that her total expenses are $4,584.00 monthly (itemized), that the ill-spouse s long term care is $1,503.00 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 $5,000.00 a month. The minimum monthly maintenance allowance for 2010 is equal to $2,739.00. Thus, the community spouse i.e. ill spouse contributes $2,036 which is $414.26 less the minimum monthly allowance ($2,739.00 [-] $2,036.00 = $414.26). Therefore, there is a $414.26 deficit remaining which is the allowable Community Spouse Monthly Income Allowance, not the $4,361.74 combined total or $2,036.00 of ill spouse s total income as petitioner requests. Need verified supplement with points and authorities to support

the $4,361.74/$5,000. Alternatively, the allowable income allowance is $414.26 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)

Page: 9 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0600319 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)

Page: 10 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0700197 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 1/14/09. 2. 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. 8505. (abs/cbr)

Page: 11 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0700319 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 10/22/07. 2. Probate status report approved on 2/4/09. 3. Order exonerating bond and vacating bond requirement entered on 11/18/09. 4. 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. 11050 et seq. (abs/cbr)

Page: 12 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800261 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 06-17-09, 08-19-09, 10-07-09, 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. 11050. Clerk to notice bonding company. (NMT/vet/vet/smj/abs/kra/cbr)

Page: 13 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800307 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 11-24-09, 01-12-10, 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, 2007. 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. 12251? Need verified supplement.

4. Need Inventory and Appraisal and an accounting as ordered by Court on 5/11/10. 5. 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. 11050 et seq. (smj/fhl/smj/vet/gls/abs/fhl/cbr) Future hearing dates: 7/19/11 Accounting Review

Page: 14 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800421 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 12/30/09. 3. 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. 11050 et seq. (cbr)

Page: 15 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800746 CASE NAME: DENNIS V. MCKEON SEE ALSO 16 & COMPANION FILE PRODS1000437 ON PAGE 4 AND PRODS1000610 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= PRODS1000437 & PRODS1000610 & CONPS0800201. 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.

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)

Page: 16 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800746 CASE NAME: DENNIS V. MCKEON SEE ALSO 15 & COMPANION FILE PRODS1000437 ON PAGE 4 AND PRODS1000610 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= PRODS1000437 & PRODS1000610 & CONPS0800201. 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 (PROPS1000437). 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

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)

Page: 17 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800885 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

Page: 18 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0801079 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 $215.00 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. 11050 et seq. Court to notice bonding company. (abs/kra/cbr/gls/cbr/smj/cbr)

Page: 19 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900241 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 95833. 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. 11050 et seq. (cbr/smj/abs/cbr)

Page: 20 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900287 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 7/14/10. 3. 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. 11050 et seq. (smj/cbr)

Page: 21 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900414 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)

Page: 22 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900414 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. 11050 et seq. (cbr/smj/cbr)

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 06/22/10. 3. Need accounting or next status report. RECOMMENDATION Inquire status. (cbr)

Page: 24 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 9:00 DEPT: S33P CASE#: VPR VS002443 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 $29,000.00 that was just discovered. Court continues matter for counsel to research and to set aside an afternoon to discuss issues. Continued from 05-10-10. 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 3/10/08. 3. 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

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. 1021. Need verification. c. Need notice of hearing and proof of service per Pr. C. 12201(b). RECOMMENDATIONS: Need to clear notes. (kra/vet/fhl/cbr)

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

Page: 26 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH CONSERVATORSHIP DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON DS1000089 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 05/27/10. 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. 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. 2655 (cbr)

Page: 27 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON DS1000125 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 07-09-08 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 $49,672.00. 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.

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 06/21/10. 10. Need motion to withdraw. RECOMMENDATION: Need motion to withdraw. (cbr)

Page: 28 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0700105 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. 2580. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: 1. Petitioner brings forth this petition under Pr. C. 2580. 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).

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 2010. 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 $3,435,532.77 [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 $2,282.50 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)

Page: 28A HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0700105 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: $3,435,532.77 (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

verified supplement. 6. Petitioner requests fees of $60,462.50. 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 $1,073.61. Itemized. 8. Attorney requests fees of $10,170.00. 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)

Page: 29 HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0800271 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. 2352.5. 5. 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. 2655. (cbr)

Page: 29A HONORABLE: J MICHAEL WELCH DATE: 11/17/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0900075 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 $600,117.15 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 20-1406 (a). 8. Need statement re cash has been in an interest bearing account Pr. C. 1064(a)(5).

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 $13,187.50 for 52.75 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