Tentative Rulings probate

TENTATIVE RULINGS

Probate Calendar

9/1/10 8:30 a.m.

Courtroom 19 - Judge Elaine Rushing

If the tentative ruling is accepted, no appearance is necessary unless otherwise indicated.  You must notify the probate clerk at (707) 521-6893 if you wish to be heard in response to the tentative ruling.  Any interested party who wishes to be heard in opposition to a petition must notify all other parties of the intent to appear.  Both notifications must be completed no later than 4:00 p.m. on the court day immediately preceding the day of the hearing.

Unless notification to the probate clerk has been given as provided above, the tentative rulings shall become the rulings of the court at 8:45 a.m. on the day of the hearing. 

In accordance with CRC Rule 3.670, Court Call is now available for telephone appearances on the Probate Calendar, except for hearings on petitions to confirm the sale of property and other matters in which the court determines that a personal appearance would materially assist in the determination of proceedings or in the effective management or resolution of the particular case.   

1.   MEZZETTA, M       BIRNIE, T	EST OF STEVEN HARRIS SPR-81434	CONT FROM 7/14/10 PROBATE OF WILL & ADMIN WWA
TENTATIVE RULING: Continued to October 20 at 8:30 a.m., by agreement of counsel.
2.   WEST, J	EST OF LUCILLE WOOTTON SPR-82817	PROBATE OF WILL
TENTATIVE RULING: Approved.
3.   CARLSTROM, E	EST OF LORRIE KARAS SPR-82844	PROBATE OF WILL
TENTATIVE RULING: Approved.
4.   SRL	EST OF LA VERE NOWLIN SPR-82845	PROBATE OF WILL
TENTATIVE RULING: Approved.
5.   SMITH, T	EST OF DONALD DANZ SPR-82849	PROBATE OF WILL
TENTATIVE RULING: The matter is ordered off calendar.
6.   SHINDLEDECKER, T	EST OF ROBERT G JAMISON SPR-82102	1ST ACCT & RPT, FINAL DIST, FEES
TENTATIVE RULING: Approved.
7.   McNICHOL, R	EST OF MICHAEL JAMES CURRAN SPR-82161	WAIVER OF ACCT & RPT, FINAL DIST, FEES
TENTATIVE RULING: Approved.
8.   DISHAROON, R	EST OF KENT DAWERSTEDT SPR-82370	ACCT & RPT, FINAL DIST, FEES
TENTATIVE RULING: Approved.
9.    BAER, D        BLAKELY, B        ROSSI, N        UTRECHT, P	EST OF JEANETTE HAWTHORNE SPR-37269	CONT FROM 8/18/10 5TH ACCT & RPT, FEES
TENTATIVE RULING: Approved.
10.  NORTON, T, obo special admr        GUIDOTTI, A, obo former executor        KORN, K, obo beneficiary        KITTLESON, M, obo beneficiary        ADAMS, B, obo beneficiary	EST OF JOSEPH CANDIA SPR-75629	CONT FROM 8/4/10 DETERMINE ENTITLEMENT TO DIST & EFFECTUATE DISTRIB OF PROP
TENTATIVE RULING: The petition to determine entitlement to distribution and to effectuate distribution of property from decedent’s estate is denied without prejudice.
11.  MADERIOUS, J, obo trustee        MANWELL, M, obo Irene Pacheco	TRUST OF ORIS PACHECO SPR-80238	CONT FROM 8/18/10 PETITION FOR INSTRUCTIONS TO CO-TRUSTEE RE DUTIES
TENTATIVE RULING: Appearances are required at 8:30 a.m. on status of the case.
12.  YOUNG, M, obo petitioner        HOTCHKIN, L, obo trustee	TRUST OF JOSEPH CREAM & DONNA MARSHAL SPR-81926	CONT FROM 8/4/10 CALENDAR CONTROL
TENTATIVE RULING: Appearances are required at 8:30 a.m. on status of the case.
13.  SRL	PTN OF JORDAN ASHLEY PEARCE SPR-82490	CONT FROM 7/28/10 CHANGE OF NAME
TENTATIVE RULING: The petition for change of name is dismissed.
14.  ADAMS, B        SCHROEDER, S	TRUSTS OF SHERMAN SPR-82750	CONT FROM 8/11/10 PTN FOR INSTRUCS OF TRUSTEE, REMOVAL OF TRUSTEE, APPT OF SUCCESSOR, ACCOUNTING, SURCHARGE & ATTORNEY FEES
TENTATIVE RULING: Continued to October 6 at 8:30 a.m., by agreement of counsel.
15.  SRL	PTN OF CYNTHIA & JORDAN NILSSON & JOSHUA BROWN SPR-82756	CHANGE OF NAME
TENTATIVE RULING: Approved.
16.  SRL	PTN OF INANNA DICKEYSCHREECHFIELD SPR-82780	CHANGE OF NAME
TENTATIVE RULING: If proof of publication is filed prior to the hearing date, the petition is granted.  If not, the matter is continued to October 6 at 8:30 a.m.
17.  SRL	PTN OF MADISYNN & EMMA BRYDONE-JACK SPR-82790	CHANGE OF NAME
TENTATIVE RULING: Approved.
18.  KAHN, E        PRICE, S	TRUST OF BRUCE MILLER SPR-82813	PTN FOR ORDER CONFIRMING TRUST ASSETS
TENTATIVE RULING: Approved.
19.  HANDELMAN, A	TRUST OF ROBERT MacLEAN SPR-82821	PTN FOR CONFIRM OF RESIGN
TENTATIVE RULING: Approved.
20.  HANDELMAN, A	UNITRUST OF STEADMAN SPR-82822	PTN FOR ORDER CONSTRUING TRUST INSTRUMENT & ASCERTAINING BENES OF TRUST
TENTATIVE RULING: The Court is inclined to construe the trust as providing that 50% of the assets are to be distributed as provided in the will of M. Gregg Steadman and 50% of the assets are to be distributed as provided in the will of Edna Steadman.  The matter is continued to September 22 at 8:30 a.m., at which time the court will issue its final order.  Any party wishing to file a response to the court’s tentative ruling shall do so no later than September 10, 2010.
21.  HUNTER, B	LIVING TRUST OF DELBERT PAUGH SPR-82829	PTN FOR ORDER CONFIRMING TRUST ASSETS
TENTATIVE RULING: Approved.
22.  GOLDBERG, S, obo trustee        HARRIS, J, obo trustee        HESS, S, obo trustee        HANDELMAN, A, obo beneficiary        SPAULDING, G, obo beneficiary	LIVING TRUST OF BEN GOLDGUR SPR-82830	PTN FOR REFORMATION OF TRUST
TENTATIVE RULING: Continued to October 6 at 8:30 a.m., for counsel to meet and confer in a good faith attempt to resolve the controversy, as required by Sonoma County Rule 6.2 H(1).   If such resolution is not successful, each party shall file a statement of issues and a case management statement at least 10 days before the hearing date.
23.	SECRET CASE SPR-57026
TENTATIVE RULING:  Approved.
24.  FORSBERG, S	TRUST OF GODINES SPR-64829	1ST ACCT & RPT, FEES
TENTATIVE RULING: Approved.
25.  MAIZE, R	GDN OF MARY KATE GRACE SPR-65564	9TH ACCT & RPT, TERMIN OF GSHIP, FEES
TENTATIVE RULING:  Approved.
26.  JOHNSTON, C	GDN OF RICHARD DOUGLAS-NIELSON JR SPR-78018	3RD ACCT & RPT, TERMIN OF GSHIP
TENTATIVE RULING:  Approved.
27.  BEGLEY, R        KRUSE, D	CONS OF ALINE MCCLAIN SPR-78946	CONT FROM 8/4/10 2ND ACCT & RPT, FEES
TENTATIVE RULING:  Approved.
28.  BIRNIE, T	GDN OF TRAVIS & CODY STEELE SPR-79011	ACCT & RPT, TERMIN OF GSHIP
TENTATIVE RULING: Continued to September 15, 2010 at 8:30 a.m.  Guardian is to provide proof of distribution of guardianship estate to beneficiary Cody Steele.
29.  ALBERIGI, L	CONS OF DONALD R SCHINDLER SPR-81101	CONT FROM 7/28/10 1ST ACCT & RPT, FEES
TENTATIVE RULING:          Having read and considered the Report of the Probate Court Investigator filed on August 10, 2010, the conservator is ordered to replace the conservatee’s hospital bed with a personal bed that has rails and an alarm sensor in place that will wake the care provider if the conservatee attempts to leave his bed unassisted.  If necessary, the conservator shall purchase additional equipment to ensure that the conservatee remains safely in his own bed during the night.                 The remaining issues are continued to September 22, 2010.  The conservator is directed to file and serve the following no later than September 13, 2010:                 1.  An amended Final and Corrected Inventory and Appraisal that lists the assets at their correct value as of March 30, 2009.                 2.  Proof that service of the Inventory and Appraisal as well as Notification as to How to Object to the Inventory and Appraisal has been completed as required by PrC§ 2610.                 3.  An amended First Account and Report presented as a standard accounting as described in C.R.C. 7.575, in compliance with PrC§§ 1060 et seq., and 2620, supported by the following schedules:                 A.  A Summary of Account presented on mandatory Judicial Council form GC - 400/GC-405(SUM);                 B.  An amended Schedule of Receipts showing the nature or purpose of each item, the source of the receipt and the date thereof;                 C. An amended Schedule Disbursements that lists the disbursements in subject-matter categories with each disbursement category subtotaled, and each disbursement showing the nature or purpose of each item, the name of the payee, and the date thereof;                 D.  A schedule that lists the market value of the estate as of the end of the accounting period as required by PrC§ 1063; and,                 E.  A Schedule of Liabilities if the credit card payments represent a debt owed by the conservatee.                 4. Financial statements necessary to verify the balance of the assets at the beginning of the accounting period through and including the balance as of the end of the accounting period.                 5.  A copy of the conservatee’s living trust.                 6.  A declaration explaining the event(s) that caused a lapse in the conservatee’s dental insurance.                 The conservator is directed to prepare and submit a form of order that conforms to this ruling, as well as a form of order for the rulings made on July 7 and July 28, 2010 as previously directed by this court.
30.  HAEUSER, T	CONS OF MAUNO VASANKARI SPR-81599	1ST ACCT & RPT
TENTATIVE RULING: Approved.  Bond is reduced to $31,400.00.  The submitted order has been amended to conform with this ruling.
31.  CAMPOPIANO, H	CONS OF MICHAEL O’CONNOR SPR-82826	APPT OF C’TOR
TENTATIVE RULING: Approved.
32.  GARDNER, L	CONS OF MARK A BRUNER SPR-82841	APPT OF C’TOR
TENTATIVE RULING:  Approved.