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 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: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000083 CASE NAME: CARL JACK WILLIAMS Petition for OF ADMINISTRATOR FOR FINAL DISTRIBUTION CAROL GUTIERREZ (PET)...LAW OFFICE OF PEARL GONDRELLA CARL JACK WILLIAMS (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition for Administrator for Final Distribution THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Both residual heirs have waived an accounting. 2. Petitioner and counsel request statutory compensation of $7,567.00. Supp: Calculation corrected to $4,567. Ok. 3. There is no allegation that notice has been given to Franchise Tax Board as required under Pr.C. 9202(c). Need verified supplement with required information. 4. There is no allegation for distribution to the two heirs. Need same. Need to clear notes. If approved, set hearing on the filing of receipts and final discharge for 12/1/11. (gls) FUTURE HEARINGS 5/30/11 ACCOUNTING REVIEW
Page: 2 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: CON DS1000033 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 3 THRU 8 FIRST AND FINAL Account and Report of CHRISTINA ERICKSON-TAUBE and Petition for allowance of fees filed. CHRISTINA ERICKSON-TAUBE (CPE)...SHERRI L KASTILAHN ETHEL JUNE LYNCH (CEP)... X REFERENCE PRODS 1000187 (#3 THRU #8) GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON First and Final Account and Petition for Allowance of Fees THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Accounting covers period: 2/10/10 3/15/10 (predeath) 3/16/10-5/11/10 (postdeath) 2. Conservatee died on 3/15/10. 3. Assets on hand: $25,091.25 (cash) 4. Petitioner requests fees of $9,339.67. Billed at $105/hour. Itemized. JTD 5. Attorney requests fees of $9,287.50. Billed at $250/hour. Itemized. JTD 6. Petitioner requests authority to transfer the assets of the conservatorship to James Church, special administrator of the estate. RFA subject to court s determination re fees. If approved, set hearing on the filing of receipts and final discharge for 12/1/11. (gls/abs)
Page: 3 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000187 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 2 4 THRU 8 Hearing Re: Objections/Will Contest ROSALIE PERRYMAN (PET)...E JOAN NELMS ETHEL JUNE LYNCH (DEC)... JAMES B. CHURCH (SPA)...JAMES B CHURCH & ASSOCIATES MARJORIE MERCER (MIN)... CHRISTINA ERICKSON-TAUBE (PET)...SHERRI L KASTILAHN DEBRA RICHTER (OBJ)...BORDEN LAW OFFICE ROSALIE PERRYMAN (WALTER T MOORE )...WALTER T DAVID YANCY (LELAND C. BUSSELL )...LELAND C. DEBRA RICHTER (BORDEN LAW OFFICE )...BORDEN LA X REFERENCE CONDS 1000033 #2 GENERAL INFORMATION Continued from 6/9/10 and 9/29/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Objections/Will Contest THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Objector, Debra Richter, is a named beneficiary of the decedent s Will dated 3/2/07. Objector alleges that testator lacked capacity at the time of the execution of the Codicil to the Will dated 1/22/09, as well as signed the purported Codicil by undue influence. 2. Marjorie Mercer filed Notice and Acknowledgment of Receipt 5/11/10. 3. Return of Summons filed as to Rosalie Perryman, Martin Perryman, Richard Moore. 4. Need return of Summons as to Mike Higby, Kathy Higby, Sandy Dowler, Betty Clark. 5. Answer to Contest filed by Rosalie Perryman 6/29/10 states as follows: a. Denies that testator lacked capacity to execute the First Codicil;
b. Denies that testator was under undue influence at the time she executed the First Codicil; c. Denies that the First Codicil was the direct result of mistake of fact. d. As her first affirmative defense, asserts that the contest fails to state facts sufficient to constitute grounds of opposition to probate the codicil to the will; e. As her second affirmative defense, asserts that the codicil revoked any and all residual gifts to objector. Ms. Perryman seeks the following relief: f. That decedent s codicil dated 1/22/09 be admitted to probate; g. Costs of suit. Need return of Summons (Note 4) and then set for Evidentiary hearing. (gls/fhl/gls)
Page: 4 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000187 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 2 THRU 8 Petition for DETERMINING TITLE TO PERSONAL PROPERTY & FOR INJUCTION ENJOINING DISTRIBUTION OF PERSONAL PROPE ROSALIE PERRYMAN (PET)...E JOAN NELMS ETHEL JUNE LYNCH (DEC)... JAMES B. CHURCH (SPA)...JAMES B CHURCH & ASSOCIATES MARJORIE MERCER (MIN)... CHRISTINA ERICKSON-TAUBE (PET)...SHERRI L KASTILAHN DEBRA RICHTER (PET)...BORDEN LAW OFFICE DAVID YANCY (LELAND C. BUSSELL )...LELAND C. X REFERENCE CONDS 1000033 #2 GENERAL INFORMATION Continued from 9/29/10. Court orders preliminary injunction to remain in full force and effect. THIS CASE IS SET FOR HEARING ON Petition to Determine Title to Personal Property and for Injunction Enjoining Distribution of Personal property (Pr.C. 850) THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner, Debra Richter, is the named residual beneficiary of decedent s Will dated 3/2/07. Petitioner alleges that decedent lacked capacity to designate YMC as beneficiary of two Citibank certificate of deposit accounts. In addition, petitioner alleges that respondents, Yucaipa Masonic Center (YMC) and Citibank, have wrongfully held decedent s personal property and that the accounts should be vested in petitioner s name or alternatively to the estate of June E. Lynch, aka Ethel June Lynch. 2. Citibank was personally served on 5/8/10. 3. Kenneth R. Dowell, Sr., agent for Yucaipa Masonic Hall Association (named in petition as Yucaipa Masonic Center) was personally served on 5/7/10.
4. Need personal service on James B. Church, personal representative of decedent s estate. 6. Objection to Petition filed 6/21/10 by Yucaipa Masonic Hall Association states as follows: a. Denies that testator lacked capacity to change beneficiaries on her CitiBank Certificates of Deposit; b. Denies that testator was under undue influence at the time she changed her beneficiaries; c. Denies that the change to the beneficiary designation was the direct result of mistake of fact. d. As its first affirmative defense, asserts that the petition fails to state facts sufficient to constitute any cause of action. Yucaipa Masonic Hall Association seeks the following relief: e. That the petition be dismissed with prejudice; f. Costs of suit. Need to clear Note 4; then set for Evidentiary hearing. (gls/fhl/gls)
Page: 5 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000187 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 2 THRU 8 Petition for LETTERS OF ADMINISTRATION ROSALIE PERRYMAN (PET)...E JOAN NELMS ETHEL JUNE LYNCH (DEC)... JAMES B. CHURCH (SPA)...JAMES B CHURCH & ASSOCIATES MARJORIE MERCER (MIN)... CHRISTINA ERICKSON-TAUBE (PET)...SHERRI L KASTILAHN DEBRA RICHTER (PET)...BORDEN LAW OFFICE DAVID YANCY (LELAND C. BUSSELL )...LELAND C. X REFERENCE CONDS 1000033 #2 GENERAL INFORMATION Special administration granted to atty James Church on 3/22/10, $700,000 bond. Continued from 4/27/10, 6/9/10 and 9/29/10 (Perryman and Erickson-Taube petitions), 7/22/10 (Church petition). THIS CASE IS SET FOR HEARING ON 1) Petition for letters testamentary, full authority, by Rosalie Perryman (niece). 2) Petition for letters of administration with will annexed, full authority, by Christina Erickson-Taube (PPF). 3) Petition for letter of administration, full authority, by James Church (Special Administrator). Court may wish to inquire if Attorney Borden is conflicted as he represents Christina Erickson-Taube in other matters unrelated to this case. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED: Petition #1 by Rosalie Perryman (niece) 1. Need notice of hearing and proof of service as to Martin Perryman.
2. Petitioner did not attach a copy of the will but instead alleges that she had not seen will, that will was in the possession of atty Kastilahn, and that the will would be lodged by that atty. Issues: a. Copy of will attached to petition #2. Need verified supplement confirming that petitioner intends to probate the will attached to petition #2. b. The will attached to petition #2 does not nominate this petitioner as executor. Petitioner is named in the codicil along with a Marjorie Mercer who has signed a declination to act (tabbed in file). Petitioner #2 alleges that this document will be the subject of a will contest. 3. Petitioner alleges will waives bond. Issues: a. See note above re lack of certainty re will to be probated by this petition. b. Petitioner is a resident of Missouri. This court typically required bond of nonresident representatives even upon waivers. Petitioner alleges that probate estate is unknown. Need verified supplement addressing probate estate so that court can determine if it wants to require minimum bond ($20,000) or full bond of unknown value. c. Petitioner #2 requests $700,000 bond but estimated estate value is $930,000. $700,000 bond was required of special administrator. 4. Supp: Petitioner states that in her original petition, she shows decedent as aka Ethel Damott. This is incorrect and should be shown as aka Ethel Dement. (Note: notice of petition to administer and proof of publication show caption as Ethel June Lynch aka Ethel Dement.) 5. Notice of petition to administer was mailed to Alex Borden, attorney for Mike Higby, Kathy Higby, Debbie Richter, Sandy Dowler, and Betty Clark. Does Court wish to require that notice be mailed to residences of those individuals per Pr.C. 1220(a)(3)? JTD. Petition #2 by Christina Erickson-Taube (PPF) 1. Need notice of hearing and proof of service as to Marjorie Mercer and Richard Moore. 2. Need proof of publication. 3. Petitioner was nominated to serve as special administrator by three residual beneficiaries (tabbed). Technically nomination does not extend to general petition. Suggest court address. 4. Petitioner requests $700,000 bond based upon estate value of $930,000. Basis for lower bond is not specified. Need verified supplement. 5. Petitioner provides copy of will and codicil but states that codicil will likely be the subject of a will contest by family on the basis that petitioner #1 and others procured the codicil by undue influence. Petition #3 by James Church (Special Administrator) 1. Letters of special administration were issued to James Church on 5/11/10, $700,000 bond. In the present petition, Petitioner states that it would be beneficial to be appointed as administrator pending resolution of the will issues. No basis for being appointed without nominations of persons with higher priority (the other pending petitioners) nor basis for need for general
administration (as opposed to special administration already in place) is provided. Suggest court inquire. 2. Need proof of publication. 3. Petitioner requests $300,000 bond. However, estimated estate is $615,750, full authority is requested, and no basis for lower bond is stated. $700,000 bond was required for special administration. JTD. RECOMMENDATION Need to clear notes then set for contested hearing. If approved, set accounting review for 12/7/11. Accounting to be filed at least 30 days prior. Note Local Rule re filing of bank/investment statements. (abs/gls/fhl/gls)
Page: 6 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000187 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 2 THRU 8 Petition for TO AUTHORIZE SPECIAL ADMINISTRATOR TO TAKE A PROPOSED ACTION ALLOWING TO TAKE POSSESSION ROSALIE PERRYMAN (PET)...E JOAN NELMS ETHEL JUNE LYNCH (DEC)... JAMES B. CHURCH (SPA)...JAMES B CHURCH & ASSOCIATES MARJORIE MERCER (MIN)... CHRISTINA ERICKSON-TAUBE (PET)...SHERRI L KASTILAHN ETHEL JUNE LYNCH (DEC)... DEBRA RICHTER (OBJ)...BORDEN LAW OFFICE DAVID YANCY (LELAND C. BUSSELL )...LELAND C. X REFERENCE CONDS 1000033 #2 GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition to Authorize Special Administrator to take proposed action allowing Marjorie Mercer to take possession of estate property THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner, James Church, as special administrator of the estate, brings this petition per Pr.C. 10589 to allow Marjorie Mercer to take possession of 11695 Verona Street, Yucaipa, CA under a right to reside agreement. Decedent s Will provides that Marjorie Mercer shall be allowed to return to and take up residence at the subject real property pursuant to a life estate. 2. The right to reside agreement provides for the following: (a) Ms. Mercer would be responsible for all utilities, repairs, upkeep maintenance, insurance, association fees and property taxes. (b) The property owner shall be given the right to reasonable and regular inspections.
Court s discretion. (gls/abs) (c) Ms. Mercer shall keep the property in a good condition subject to normal wear and tear. (d) In the event a substantial improvement is needed, the parties will agree to the terms at such time as needed. (e) Ms. Mercer shall be deemed to have abandoned and relinquished her right to reside should she fail to pay the monthly costs by the 15 th of the subsequent month; or voluntarily/involuntarily does not reside at the residence for a period of 90 days.
Page: 7 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000187 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 2 THRU 8 Hearing re: Petition for Letters of Administration w/wa W/Full Authority under IAEA. ROSALIE PERRYMAN (PET)...E JOAN NELMS ETHEL JUNE LYNCH (DEC)... JAMES B. CHURCH (SPA)...JAMES B CHURCH & ASSOCIATES MARJORIE MERCER (MIN)... CHRISTINA ERICKSON-TAUBE (PET)...SHERRI L KASTILAHN DEBRA RICHTER (PET)...BORDEN LAW OFFICE DAVID YANCY (LELAND C. BUSSELL )...LELAND C. X REFERENCE CONDS 1000033 #2 See prior notes (page 5)
Page: 8 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000187 CASE NAME: ETHEL JUNE LYNCH SEE ALSO 2 THRU 7 Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA.. ROSALIE PERRYMAN (PET)...E JOAN NELMS ETHEL JUNE LYNCH (DEC)... JAMES B. CHURCH (SPA)...JAMES B CHURCH & ASSOCIATES MARJORIE MERCER (MIN)... CHRISTINA ERICKSON-TAUBE (PET)...SHERRI L KASTILAHN DEBRA RICHTER (PET)...BORDEN LAW OFFICE DAVID YANCY (LELAND C. BUSSELL )...LELAND C. X REFERENCE CONDS 1000033 #2 See prior notes (page 5)
Page: 9 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000517 CASE NAME: HANS HERMANN WEICHEL Spousal Property Petition Hearing. ERIKA WEICHEL (PET)...BIRGIT B JARSEN HANS HERMANN WEICHEL (DEC)... GENERAL INFORMATION Continued from 8/19/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Spousal Property Petition THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Decedent died 3/16/1977 a resident of Germany having an interest in unimproved real property. 2. Petitioner requests determination of property passing to surviving spouse as community property. Petitioner provides a copy of decedent s (joint) will written in German but translated. Petitioner alleges she and decedent were married 7/10/54 and any property acquired during their marriage was from community efforts of both parties. 3. The County Assessor shows that the 100% interest in the real property was acquired by decedent solely on 2/28/1974. Question how this property was acquired? Did decedent purchase the property or was it inherited? File verified supplement with copy of vesting Deed. 4. As decedent died in 1977, need Certificate of Inheritance Tax Clearance (IT- 22) and/or Marital Property Declaration (IT-3). Need to clear notes. (gls)
Page: 10 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000633 CASE NAME: TAYLOR RAMSEY CANTRELL MF SEE ALSO 11 Petition for SPOUSAL PROPERTY ORDER CARLA S. CANTRELL (PET)...ALBREKTSON L AW OFFICES TAYLOR RAMSEY CANTRELL (DEC)... ARTHUR CANTRELL (PET) PAYSON L LEDERMAN GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Spousal Property Petition THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner, Carla Cantrell, requests confirmation of property belonging to the surviving spouse. Particularly interest in that certain real property located at 307 Gabrielle Way, Redlands, CA which was purchased during marriage using community assets. Petitioner contends that the title to the real property was taken in decedent s name alone as he had a better credit rating and could get a better rate on the loan. Petitioner believes that the subject real property is community property. 2. Need to file notice of hearing and proof of service. Need notice and then Court s discretion. (gls) FUTURE HEARINGS 12/02/10 Petition for Letters of Admin.
Page: 11 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S34P CASE#: PRO DS1000663 CASE NAME: TAYLOR RAMSEY CANTRELL MF SEE ALSO 10 Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. CARLA S. CANTRELL (PET)...ALBREKTSON L AW OFFICES TAYLOR RAMSEY CANTRELL (DEC)... ARTHUR CANTRELL (PET) PAYSON L LEDERMAN GENERAL INFORMATION Continued from 10/14/10. THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner requests bond be fixed at $300,000. Item 3 of the petition is incomplete as to the character and estimated value of the property so it cannot be determined if bond is sufficient. Need verified supplement or amended petition setting forth the estimated value of the estate. 2. Petitioner states he is a nominee of a person entitled to Letters, and that he has been nominated by decedent s mother. There may be individuals who have higher priority including decedent s surviving spouse. Need to clear notes. If approved, set hearing on accounting/status review for 1/26/12. Accounting to be filed 30 days in advance. (gls/smj/gls) FUTURE HEARINGS 12/02/10 Petition for Letters of Admin.
Page: 12 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000743 CASE NAME: REVOCABLE LIVING TRUST OF JOE R FRANCO Petition for TO SUSPEND POWERS OF SUCCESSOR TRUSTEE, REMOVE AND APPOINT SUCCESSOR TRUSTEE, ETC HECTOR FRANCO (PET)...MARIELLEN ROSS REVOCABLE LIVING TRUST OF JOE (TRU)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition to Suspend Powers of Trustee, Remove Successor Trustee and Require Trustee to Account and Deliver Books, records and assets THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner, Hector Franco, is a child of the original trustors and beneficiary of the Joe R. Franco and Herminia S. Franco Revocable Trust dated 4/5/01. The original trustors died 12/10/07 and 3/8/10. Upon the death of the surviving trustor, Joe Franco, Robert Franco assumed the duties of successor trustee pursuant to the terms of the Trust. Petitioner believes that Robert Franco has failed to follow the terms of the trust and thus, failed to discharge his fiduciary duties. Petitioner requests the court to suspend Robert Franco and appoint petitioner as successor trustee, and to order that all records be turned over. Petitioner also requests the court to order Robert Franco to account for trust assets. 2. Petitioner alleges a copy of the Trust and a list of the beneficiaries of the Trust are attached as Exhibit A and B. No exhibits are affixed. Need same. 3. Need to file notice of hearing and proof of service. 4. Petitioner alleges the principal place of business of the trust is Los Angeles County. Thus, proper jurisdiction for this matter would be Los Angeles County.
Proper jurisdiction of this matter is Los Angeles County. If it is determined that this court has jurisdiction, need to clear notes. (gls)
Page: 13 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000749 CASE NAME: JULIEN REVENNEL GRELA Hearing re: Petition for Probate, Letters of Testamentary With Full Authority Under IAEA. WILLIAM A. HOLMES (PET)...FULLERTON LEMANN SCHAEFFER & D JULIEN REVENNEL GRELA (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition for Probate of Lost/Destroyed Will with full authority under IAEA THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner requests bond be fixed at $150,000. Appears adequate. JTD 2. Petitioner alleges there are no known next of kin. 3. Petitioner alleges the original will has been lost or destroyed by a fire in petitioner s home. Petitioner files a declaration wherein he states that he kept the decedent s original handwritten will which stated that decedent intended to leave his entire estate to his good friend, William Holmes, petitioner herein. Petitioner alleges the purported will was written on or about 12/25/03. Decedent died on 9/27/09. Petitioner alleges it did not dawn on him that the purported will was destroyed until after decedent s death. Question if there were any other friends or individuals who had knowledge of a purported handwritten will who can verify its existence? File verified supplement. 4. Petitioner alleges that a copy of decedent s undated will is affixed, but no such purported will is attached to the petition. Need same. Supp: Terms attached. Need to clear notes then court s determination re lost will. If approved, $150,000 bond. Set hearing on accounting/status review for 1/26/12. Accounting to be filed 30 days in advance. (gls)
Page: 14 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000759 CASE NAME: TODD ALAN BURGESS Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. AMBER M BURGESS (PET)...FULLERTON LEMANN SCHAEFFER & D TODD ALAN BURGESS (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition for Letters of Administration with full authority under IAEA THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner requests bond be fixed at $90,000. Appears adequate. JTD RFA subject to court s discretion re bond. If approved, set hearing on accounting review for 1/26/12. Accounting to be filed 30 days in advance. (gls)
Page: 15 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO DS1000767 CASE NAME: MARILYNN SCHULER Hearing re: Petition for Letters of Admin. W/ Full Authority under IAEA. RUTH L. HENRICKS (PET)...HARTNELL LAW GROUP MARILYNN SCHULER (DEC)... GENERAL INFORMATION: Letters of Special Administration issued 10/21/10. THIS CASE IS SET FOR HEARING ON Petition for Letters of Admin. W/ Full Authority under IAEA, by nominee of son. THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED. 1. Petitioner is nominee of son of decedent and requests bond in amount of $100,000. Petitioner alleges that decedent may be an heir or beneficiary in another estate. Decedent s share of that estate is estimated to be $100,000. JTD. 2. Need proof of publication. Need proof of publication and Court s discretion re bond. If approved, set hearing on accounting/status review for 1/26/12. (fhl)
Page: 16 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0700753 CASE NAME: JULIE M SELLS TRUST SEE ALSO 17 Hearing Re: Status RICHARD SELLS (PET)...SMITH MITCHELL WEILER JULIE M. SELLS TRUST (TRU)... JULIE M. SELLS LIVING TRUST (TRU)... DEBORAH BEEBE (OBJ)...THE GROSSMANLAW FIRM, A.P.C X REFERENCE PROPS0700989 No notes Status
Page: 17 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0700989 CASE NAME: JULIE M. SELLS REVOCABLE LIVING TRUST SEE ALSO 16 Hearing Re: Status DEBORAH BEEBE (PET)...SCOTT COLE JULIE M. SELLS (DEC)... JULIE M. SELLS REVOCABLE LIVIN(TRU)... RICHARD SELLS (RES)...ZIPRICK & CRAMER X REFERENCE PROPS0700753 No notes - Status
Page: 18 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0701009 CASE NAME: RUTHE LEE ALBOYA VACATED Accounting Review KENNETH HOWARD ZEIGLER (PET)...PRO/PER RUTHE LEE ALBOYA (DEC)... JAMES L LEESTMA/ADVANCE INHERI(TP )...PRO/PER
Page: 19 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800075 CASE NAME: JAYLIN WARE SPECIAL NEEDS TRUST THIRD AND FINAL Account and Report of WELLS FARGO BANK, N.A. and Petition for allowance of fees filed. JAYLIN WARE SPECIAL NEEDS TRUS(TRU)... WELLS FARGO BANK, N.A. (RUSSAKOW, RYAN, & JOHNSON... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Third and Final Account and Petition for Allowance of Fees THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Accounting covers period: 3/1/09 7/31/10 2. Assets on hand: $11,177.90 (cash) 3. Petitioner alleges it is taking 1.35% of the trust corpus value pursuant to the bank s fee schedule. 4. Petitioner requests fees of $1,000 for the termination of the trust. 5. Attorney requests fees of $2,711.00, together with $485.00 for reimbursement of costs advanced. Fees are billed at $275/hour for attorney time. Costs are itemized. JTD 6. Petitioner alleges that per Pr.C. 15408(a)(1) that if the court determines that the fair market value of the principal of the trust has become so low in relation to the cost of administration, the court may, in its discretion, order that the trust be terminated. The trust does not exceed $20,000. 7. Petitioner alleges any remaining funds to be distributed should go to the beneficiary s mother, Savaughna Goolsby. However, the Trust has a provision that it shall first reimburse Department of Health Services per 42 U.S.C. 1396p(b). Question if there are any claims outstanding to DHS? File verified supplement. Supp: trustee states that it spoke with DHS
and there will be no claim. Does court wish to require written proof? JTD. RFA subject to court s determination re note 7 and fees. If approved, set hearing on the filing of receipts and final discharge for 12/1/11. (gls/abs)
Page: 20 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800235 CASE NAME: ROBERT CLARENCE JACKSON VACATED Accounting Review RONALD E JACKSON (PET)...FULLERTON LEMANN SCHAEFFER & D ROBERT CLARENCE JACKSON (DEC)... AUCTION-CA FINANCIAL SERVICES (TP )...PRO/PER RICHARD A WILSON (PRO/PER )...PRO/PER
Page: 21 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800235 CASE NAME: ROBERT CLARENCE JACKSON SECOND AND FINAL Account and Report of RONALD E JACKSON and Petition for allowance of fees filed. RONALD E JACKSON (PET)...FULLERTON LEMANN SCHAEFFER & D ROBERT CLARENCE JACKSON (DEC)... AUCTION-CA FINANCIAL SERVICES (TP )...PRO/PER RICHARD A WILSON (PRO/PER )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Second and Final Account and Petition for Allowance of Fees and for Final Distribution THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner and attorney request statutory compensation of $6,671.83, of which $5,935.42 has been paid leaving a balance of $736.59. Ok. 3. Attorney requests extraordinary fees of $3,743.00 for services rendered in connection with the decedent s personal tax matters, sales of real and personal property and redemptions of retirement accounts and life insurance policies. Billed at $275/hour for attorney time and $85/hour for paralegal time. Attorney fee request includes services of paralegal. Court may wish to inquire whether paralegals qualify per CRC 7.703(e) which was amended effective 7/1/10, and particularly B&PC 6450(c) and (d). RFA subject to court s determination re fees. If approved, set hearing on the filing of receipts and final discharge for 12/1/11. (gls)
Page: 22 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0800879 CASE NAME: MARY E. CANDLER VACATED Accounting Review THE SUN VALLEY GROUP, INC. (PET)...SCHENONE & PECK MARY E CANDLER (DEC)... GENERAL INFORMATION Continued from 1/14/10, 2/25/10, 5/27/10 and 7/22/10 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 Testamentary issued 11/6/08 (full authority, no bond) 2. No accounting/status report is filed. Note: this is an ancillary estate and the sole asset is vacant real property in San Bernardino County. 3. A Final Inventory was filed 9/13/10. Court s discretion. (gls/abs/gls)
Page: 23 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900049 CASE NAME: DANIEL JOSEPH PARIS JR. FIRST & FINAL Account and Report of CHRISTINA D. VELASQUEZ and Petition for allowance of fees filed. CHRISTINA D. VELASQUEZ (PET)...HARTNELL, LISTER & MOORE DANIEL JOSEPH PARIS JR (DEC)... CHRISTINA D. VELASQUEZ (PET)...HARTNELL LAW GROUP GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON First and Final Account and Report of Executor and Petition for Final Distribution THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner and counsel each request statutory compensation of $9,297.20. Ok. 2. Petitioner requests authority to withhold $2,000.00 as a reserve for closing costs and taxes yet due. RFA. If approved, set hearing on the filing of receipts and final discharge for 12/1/11. (gls)
Page: 24 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900061 CASE NAME: JOSE DELGADO Accounting Review IRENE RODRIGUEZ JOSE DELGADO (PET)...HARTNELL, LISTER & MOORE (DEC)... X REFERENCE SCVSS129320 (SETTLED) GENERAL INFORMATION Continued from 5/27/10, 7/1/10 and 8/5/10 at request of counsel. Court orders bond to be posted within 30 days. THIS CASE IS SET FOR HEARING ON Accounting/Status Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioner was appointed administrator of the estate on 3/19/09 (limited authority and bond of $20,000). No bond has been posted and thus, no Letters are issued. Court to set OSC re status of posting bond. 2. No accounting is filed, however, is premature as Letters of Administration have still not issued nor has bond been posted. Need $20,000 bond. Court may wish to suspend the personal representative and set OSC re removal. Court may also wish to notice the Public Administrator re possible appointment as successor. (gls)
Page: 25 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900317 CASE NAME: ANDREW W. ROHDE VACATED Accounting Review BRIDGETTE D. ROHDE (PET)...FULLERTON LEMANN SCHAEFFER & D ANDREW W. ROHDE (DEC)... GENERAL INFORMATION Continued from 8/26/10 and 10/7/10 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 issued 7/7/09 (full authority $108,000 bond) 2. No accounting/status report is filed. Need same. Find out status. (gls)
Page: 26 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900375 CASE NAME: LORRAINE VIRGINIA COBLE FIRST AND FINAL Account and Report of HAROLD E HUNT and Petition for allowance of fees filed. HAROLD E HUNT (PET)...JOHN M GUSTAFSON LORRAINE VIRGINIA COBLE (DEC)... GENERAL INFORMATION Continued from 10/14/10. Nothing new filed. THIS CASE IS SET FOR HEARING ON First and Final Report on Waiver of Account and Petition for Final Distribution THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Residual beneficiaries have waived an accounting. 2. Petitioner requests statutory compensation of $2,920.00. Ok. RFA. If approved, set hearing on the filing of receipts and final discharge for 10/20/11. (gls/smj/gls)
Page: 27 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900409 CASE NAME: JOHN ROBERT PATTERSON VACATED Accounting Review BONILU SMITH (PET)...BEVERLY A. SPARROW BRYAN LEE PATTERSON (PET)...BEVERLY A. SPARROW JOHN ROBERT PATTERSON (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting/Status Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Letters Testamentary issued 9/10/09 (full authority, no bond) 2. No accounting/status report is filed. Need same. Find out status. (gls)
Page: 28 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: PRO PS0900523 CASE NAME: ERLINE Y SMITH Petition for TO DETERMINE SUCCESSION TO REAL PROPERTY OF 100,000.00 OR LESS LAWANA HOOPER ROBERT LONGLEY ERLINE Y SMITH (PET)...ALBERTSON & DAVIDSON LLP (PET)...ALBERTSON & DAVIDSON LLP (DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Petition to determine succession to real property THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Petitioners as co-executors and co-trustees, claim an ownership interest for each of the three remaindermen beneficiaries under the trust to decedent s interest in unimproved real property in San Bernardino County. 2. There are three beneficiaries and only two of the beneficiaries have signed the petition. All beneficiaries must sign the petition. Thus, need signature of Everett Hudgens. 3. As the Will distributes the property to the Trust, question how the remaindermen beneficiaries can seek distribution outright? File verified supplement. 4. Petitioners are the co-executors of the estate. By filing this petition, question if there are any additional assets subject to probate administration or whether the probate will be terminated for lack of assets? File verified supplement. Need to clear notes. (gls) FUTURE HEARINGS 12/28/10 ACCOUNTING REVIEW
Page: 29 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS04115 CASE NAME: WORDIE HODGES DAWSON TRUST FIRST Account and Report of TOMMY P DAWSON and Petition for allowance of fees filed. ROSLYN DAWSON (PET)...EDWARD A. DZWONKOWSKI TOMMY P DAWSON (PET)...JOHN D MICKUS WORDIE HODGES DAWSON TRUST (TRU)... SARA EUJEAN DAWSON TOWNSELL (OBJ)...PRO/PER JOHN MICKUS (JAMES R DUNN )...JAMES R D GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON First Account Current and for Exoneration of Bond and for Removal of Trust from Court Supervision THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Accounting covers period: 5/27/09 7/22/09 2. Petitioner alleges the trust does not require continuing jurisdiction per Pr.C. 17300. Petitioner believes it is in the best interests of the trust and trust beneficiary for the trust to be removed from continuing court jurisdiction. 3. Petitioner alleges that the beneficiary of the subtrust, Peggy Dawson, resides in trust property which the expenses of maintaining exceed the trust income. Petitioner alleges that Peggy Dawson wants to stay in the house and continue operating at a deficit for the foreseeable future. Eventually, a change of course will become necessary at which time petitioner will work with the beneficiary to craft a long-term solution. If necessary, petitioner will file the appropriate petition if a change in the terms of the trust. 4. Petitioner waives fees as trustee. 5. Attorney requests fees of $1,200.00. Billed at $3000/hour generally itemized. JTD
6. Petitioner requests that the bond be exonerated due to the declining cash/income in the trust. Court s discretion. (gls)
Page: 30 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS05092 CASE NAME: RE KAMIKA NORMAN SPECIAL NEEDS TRUST Accounting Review INLAND COUNTIES REGIONAL CENTE(PET)...BRUNICK ATTERSBYMCELHANEY RE KAMIKA NORMAN SPECIAL NEEDS(DEC)... GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Seventh Account Current is due for the period 6/1/09 5/31/10. No accounting is filed. Need same. Find out status. (gls)
Page: 31 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS06860 CASE NAME: MTR OF IRREVOCALE CHARITABLE REMAINDER TRUST SEE ALSO 32 Motion Re: NTC OF MTN AND MTN TO ADD JUDGMENT DEBTORS MEMORANDUM OF PTS AND AUTHORITIES Filed by Petitioner THOMAS M PARTAIN,LINDA J PARTAIN THOMAS M PARTAIN (PET)...CHERYL THOMAS ATTORNERY AT LAW LINDA J PARTAIN (PET)...CHERYL THOMAS ATTORNERY AT LAW LINDA J PARTAIN (APP)...CHERYL THOMAS ATTORNERY AT LAW DAVID J. WEEMS (APP)...PRO/PER TRUSTEE OF CALIFORNIA SAFETY A(CC )...ANDERSON, MCPHARLIN & CONNE JOAN DRINKWATER (CC )...ANDERSON, MCPHARLIN & CONNERS JAMES R JAHN (CC )...ANDERSON, MCPHARLIN & CONNERS CHARLOTTE I JAHN (CC )...ANDERSON, MCPHARLIN & CONNERS MARY Y KING (CC )...ANDERSON, MCPHARLIN & CONNERS GREGORY PIZZA (CC )...ANDERSON, MCPHARLIN & CONNERS DIANA M PIZZA (CC )...ANDERSON, MCPHARLIN & CONNERS STEVEN STEPHENSON AND GAYLE J (CC )...ANDERSON, MCPHARLIN & CONN STEPHEN M STEWART (CC )...ANDERSON, MCPHARLIN & CONNERS KENNETH F WIESEMANN (CC )...ANDERSON, MCPHARLIN & CONNERS LIA N WIESEMANN (CC )...ANDERSON, MCPHARLIN & CONNERS FIRST REGIONAL BANK CFBO DARRE(CC )...ANDERSON, MCPHARLIN & CONNE FIRST REGIONAL BANK CFBO MARY (CC )...ANDERSON, MCPHARLIN & CONNE DAVID J. WEEMS (TEE)...PRO/PER JEAN-PIERRE GALLELLI (GARRETT & TULLY )...GARRETT & JPL PREMIER PROPERTIES, LLC (THOMAS C NELSON )...THOMAS C PHOENIX FINANCIAL SERVICES, IN(THOMAS C NELSON )...THOMAS C JAMES R. SNEDAKER (THOMAS C NELSON )...THOMAS C PARTIES CONTINUED ON NEXT PAGE
PAGE 31 SPR06860 SNEDAKER DEVELOPMENT CO. INC (THOMAS C NELSON )...THOMAS C VENETO, LLC (THOMAS C NELSON )...THOMAS C LA JOLLA LOANS, INC (R GENE STEINECKERT )...R GENE ST JOAN DRINKWATER, TRUSTEE ( )... JAMES R JAHN, TRUSTEES ( )... CHARLOTTE I JAHN, TRUSTEES ( )... MICHAEL KELLY ( )... MARY Y KING, TRUSTEE ( )... GREGORY PIZZA, CO-TRUSTEE ( )... DIANA M PIZZA, CO-TRUSTEE (JESSE S HERNANDEZ )...JESSE S H GAYLE J STEPHENSON, TRUSTEE ( )... KENNETH F WIESEMANN, TRUSTEE ( )... LILA N WIESEMANN, TRUSTEE ( )... IRREVOCABLE CHARITABLE REMAIND( )... LINDA J PARTAIN INDIVIDU ALLY( )... No notes Judge to decide (Note Motion to Strike Declaration of Cheryl Thomas in Support of This Motion filed 11/15/10 and set for hearing on 12/22/10.)
Page: 32 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS06860 CASE NAME: MTR OF IRREVOCALE CHARITABLE REMAINDER TRUST SEE ALSO 31 ORAP -- Examination of Judgment Debtor THOMAS M PARTAIN (PET)...CHERYL THOMAS ATTORNERY AT LAW LINDA J PARTAIN (PET)...CHERYL THOMAS ATTORNERY AT LAW LINDA J PARTAIN (APP)...CHERYL THOMAS ATTORNERY AT LAW DAVID J. WEEMS (APP)...PRO/PER TRUSTEE OF CALIFORNIA SAFETY A(CC )...ANDERSON, MCPHARLIN & CONNE JOAN DRINKWATER (CC )...ANDERSON, MCPHARLIN & CONNERS JAMES R JAHN (CC )...ANDERSON, MCPHARLIN & CONNERS CHARLOTTE I JAHN (CC )...ANDERSON, MCPHARLIN & CONNERS MARY Y KING (CC )...ANDERSON, MCPHARLIN & CONNERS GREGORY PIZZA (CC )...ANDERSON, MCPHARLIN & CONNERS DIANA M PIZZA (CC )...ANDERSON, MCPHARLIN & CONNERS STEVEN STEPHENSON AND GAYLE J (CC )...ANDERSON, MCPHARLIN & CONN STEPHEN M STEWART (CC )...ANDERSON, MCPHARLIN & CONNERS KENNETH F WIESEMANN (CC )...ANDERSON, MCPHARLIN & CONNERS LIA N WIESEMANN (CC )...ANDERSON, MCPHARLIN & CONNERS FIRST REGIONAL BANK CFBO DARRE(CC )...ANDERSON, MCPHARLIN & CONNE FIRST REGIONAL BANK CFBO MARY (CC )...ANDERSON, MCPHARLIN & CONNE DAVID J. WEEMS (TEE)...PRO/PER JEAN-PIERRE GALLELLI (GARRETT & TULLY )...GARRETT & JPL PREMIER PROPERTIES, LLC (THOMAS C NELSON )...THOMAS C PHOENIX FINANCIAL SERVICES, IN(THOMAS C NELSON )...THOMAS C JAMES R. SNEDAKER (THOMAS C NELSON )...THOMAS C PARTIES CONTINUED ON NEXT PAGE
PAGE 32 SPR SS06860 SNEDAKER DEVELOPMENT CO. INC (THOMAS C NELSON )...THOMAS C VENETO, LLC (THOMAS C NELSON )...THOMAS C LA JOLLA LOANS, INC (R GENE STEINECKERT )...R GENE ST JOAN DRINKWATER, TRUSTEE ( )... JAMES R JAHN, TRUSTEES ( )... CHARLOTTE I JAHN, TRUSTEES ( )... MICHAEL KELLY ( )... MARY Y KING, TRUSTEE ( )... GREGORY PIZZA, CO-TRUSTEE ( )... DIANA M PIZZA, CO-TRUSTEE (JESSE S HERNANDEZ )...JESSE S H GAYLE J STEPHENSON, TRUSTEE ( )... KENNETH F WIESEMANN, TRUSTEE ( )... LILA N WIESEMANN, TRUSTEE ( )... IRREVOCABLE CHARITABLE REMAIND( )... LINDA J PARTAIN INDIVIDU ALLY( )... No notes Judge to decide
Page: 33 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS07177 CASE NAME: ESTATE OF KEITH ROBERT MORRISON SECOND STATUS REPORT AND SECOND Account and Report of WILLIAM R. SELLAS and Petition for allowance of fees filed. WILLIAM R. SELLAS (PET)...MARTIN E KELLER KEITH ROBERT MORRISON (DEC)... PHYLLIS J ECKHARDT (TP )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Second Status Report and Account Current of Executor William R. Sellas THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Letters of Administration issued 8/8/06 (full authority, no bond) 2. Petitioner alleges the estate real property has not been sold, but that during the accounting period, the property was rented. Petitioner has made three distributions to the heirs of the rental income. There are no known creditors of the estate. Petitioner requests authority to continue the estate administration for an additional year. Question whether petitioner could distribute the real property in kind? What is the need for continuing the administration of the estate? File verified supplement. Need verified supplement and then Court s discretion. If administration is continuing, set next accounting review for 12/1/11. (gls)
Page: 34 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 9:00 DEPT: S33P CASE#: SPR SS54557 CASE NAME: IN THE ESTATE OF ANTONIO M ESPINOZA Hearing Re: Status on Settlement ANTONIO MASIAS ESPINOZA (DEC)... MICHAEL ORTIZ (PET)...MARTIN E KELLER RUTH ORTIZ (PET)...MARTIN E KELLER DANIEL HERNANDEZ (OBJ)...JUDITH L. HUBERT LYDIA VILLAFANA (JUDITH L HUBERT )...JUDITH L GENERAL INFORMATION: The hearing on this matter has been continued numerous times since 2004. Last continued from 8/5/10 and 9/23/10 at request of counsel. THIS CASE IS SET FOR HEARING ON Status on Settlement THE FOLLOWING ISSUES AND/OR DEFICIENCIES IN THE PAPERS ARE NOTED- 1. Estate has been pending since 1988. 2. Estate consisted of small house in San Bernardino and $3,500 in liquid assets. The house was sold in March 2002, for $45,000. 3. Objector Lydia Villafana claims the administrators should be surcharged because the heirs were not given notice of the real property sale, and because there was no reappraisal for sale of the property. Objector claims the buyer made $8,000 of improvements to the property and four months later sold it for $97,000. 4. Objector Lydia Villafana also claims the amount of attorney fees sought by Mr. Sessions is excessive. 5. Trial was initially set for December 16, 2004. Trial was continued several times, then a status conference hearing was set to determine it the matter would proceed as a contested matter (objections to final accounting and settlement of estate). The status conference hearing was continued numerous times, through 2009.
6. On July 23, 2009, the court ordered the attorney for the administrators to file a written status report, clearly indicating when the estate will come to a close. No status report has been filed. 7. A mandatory settlement conference was held on June 8, 2010, at which the present hearing was set. Find out status. (smj/gls)
Page: 35 San Bernardino District - Civil HONORABLE: J MICHAEL WELCH CONSERVATORSHIPS DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: CON DS1000053 CASE NAME: FRANCES KATHERINE SCHNAUS Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of GERALD SCHNAUS GERALD SCHNAUS (CPE)...LAW OFFICES OF RICK GAXIOLA FRANCES KATHERINE SCHNAUS (CEP)...JACK B OSBORN GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Conservatorship Compliance Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Court appointed Gerald Schnaus as conservator of the person and estate. Court ordered bond of $13,417.00 to be posted. The court also noted that letters should not issue until proof of conservatorship training class is filed. 2. Letters have not yet issued. No proof of conservatorship training class is filed, nor is bond posted. 3. Court Investigator report is filed indicating conservatee died on 4/23/10. That the conservatorship training class was not completed as conservatee had died. 4. Court may wish to inquire whether any assets were marshaled and if not, question whether conservatorship can be closed. Court s discretion. (gls) FUTURE HEARINGS 06/16/11 ACCOUNTING REVIEW
Page: 36 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0800058 CASE NAME: In re Matter of Gloria Feaster SEE ALSO 36A SECOND Account and Report of CHRISTINA ERICKSON-TAUBE and Petition for allowance of fees filed. CHRISTINA ERICKSON-TAUBE (PCR)...ALEX R BORDEN GLORIA FEASTER (PCE)...LENITA A SKORETZ KARIN E HORSPOOL (PET)...HORSPOOL & PARKER THE GLORIA FEASTER S.N. TRUST (TRU)... MELODIE Z SCOTT (TP )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Second Account Current and Petition for Allowance of Fees THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Accounting covers period: 9/1/09 8/31/10 2. Assets on hand: $62,768.77 (cash of $48,673.84 and the balance in carry value of preneed burial plan) 3. Petitioner requests fees as trustee in the amount of $6,828.75. Billed at various rates for various services not exceeding $105/hour. Itemized. JTD 4. Attorney requests fees of $7,385.00, together with a request for reimbursement of costs of $840.00. Fees billed at $350/hour. In the prior accounting, the court allowed attorney s fees at $325/hour. 5. Petitioner requests authority to reduce the bond to $54,000 (a total reduction of $91,000). Appears adequate. JTD 6. The accounting shows that the conservatee/beneficiary s Trust expenses exceed the Trust income. Question whether the trustee/conservator has a budget to extend the life of the trust estate? Or whether the trust will be exhausted within the next year? File verified supplement.
Need verified supplement. Court s discretion re fees/reduction of bond. If approved, set next accounting review for 12/1/11. Accounting to be filed 30 days in advance. (gls)
Page: 36A HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0800058 CASE NAME: In re Matter of Gloria Feaster SEE ALSO 36 PETITION FOR COURT APPOINTED ATTORNEY FEES. CHRISTINA ERICKSON-TAUBE (PCR)...ALEX R BORDEN GLORIA FEASTER (PCE)...LENITA A SKORETZ KARIN E HORSPOOL (PET)...HORSPOOL & PARKER THE GLORIA FEASTER S.N. TRUST (TRU)... MELODIE Z SCOTT (TP )...PRO/PER GENERAL INFORMATION Continued from 11/4/10 to be heard with accounting. THIS CASE IS SET FOR HEARING ON Petition for Court Appointed Attorney s Fees THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Attorney Lenita Skoretz requests fees of $2,028.75 for services rendered to the conservatee and the appointment of a conservator and establishment of a Special Needs Trust. Billed at $250/hour for attorney time and $75/hour for paralegal time. Itemized. JTD Court s discretion. (gls/fhl)
Page: 37 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0800198 CASE NAME: ROSEMARY ESCOBEDO Accounting Review CHRISTINA ERICKSON-TAUBE (CPE)...SHERRI L KASTILAHN ROSEMARY ESCOBEDO (CEP)... MELODIE Z SCOTT (TP )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Second Account Current is due for the period 8/1/09 7/31/10. No accounting is filed. Need same. Find out status. (gls)
Page: 38 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: CON PS0900153 CASE NAME: NANCY A. FAVELA Conservatorship Compliance Review Hearing on PETIITON FOR CONSERVATORSHIP of HILDA VELAZQUEZ ANGELES HILDA VELAZQUEZ ANGELES (PCR)...PRO/PER LUIS FAVELA FAVELA (PCR)...PRO/PER NANCY A. FAVELA (PCE)...E JOAN NELMS GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Conservatorship Compliance Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. The Court appointed Nancy Favela as conservator of the person on 4/15/10. However, no Letters of Conservatorship have been issued. 2. No care plan is filed. 3. Need Six-month Court Investigator report. Find out status. (gls/abs)
Page: 39 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: MC MS00153 CASE NAME: CONSERVATORSHIP OF ELIZABETH U. FUNK Accounting Review ELIZAABETH U FUNK RON OLUND (PET)...IGNAZIO FICARA (PET)...J. DAVID HORSPOOL GENERAL INFORMATION Continued from 9/16/10 THIS CASE IS SET FOR HEARING ON Accounting Review THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Third Account Current is due for the period 5/16/09 5/15/10. No accounting is filed. Need same. Find out status. (gls)
Page: 40 HONORABLE: J MICHAEL WELCH DATE: 11/18/10 TIME: 10:30 DEPT: S33P CASE#: SC SS01214 CASE NAME: IN THE MATTER OF JULIE FORRESTER Hearing re Final Discharge JULIE FORRESTER (CPE)...JAMES B CHURCH CHRISTINA ERICKSON-TAUBE (SC )...SHERRI L KASTILAHN JAMES B CHURCH (PET)...JAMES B CHURCH MICHAEL J GILL (TP )...MICHAEL J. G ILL MELODIE Z SCOTT (PRO/PER )...PRO/PER GENERAL INFORMATION THIS CASE IS SET FOR HEARING ON Final Discharge THE FOLLOWING ISSUES/DEFICIENCIES IN THE PAPERS ARE NOTED; 1. Order Settling Eleventh and Final Account of Melodie Scott, prior conservator, was granted 11/12/09. 2. Need to file receipt and submit final discharge. Find out status. (gls) FUTURE HEARINGS 12/09/10 ACCOUNTING REVIEW (successor)