attention - fresno county superior courtattention, objector is entitled to a one-third (33 1/3%)...

Dept. 303, 9:00 a.m. Wednesday, August 29, 2012

ATTENTION

Probate cases on this calendar are currently under review by the probate

examiners. Review of some probate cases may not be completed and therefore

have not been posted.

If your probate case has not been posted please check back again later.

Thank you for your patience.

http://free.clipartof.com/81-Confused-Blue-Smiley-Free-3D-Vector-Clipart-Illustration.jpg


1 Theola Louise Baker (Estate) Case No. 03CEPR01573 Atty Azevedo Kelly, Darlene (of Caswell, Bell & Hillison/Petitioner) Notice of Motion and Motion to be Relieved as Counsel

DOD: 10/19/87 DARLENE AZEVEDO KELLY, attorney for Curtis

Lee, Administrator with Will Annexed, is

Petitioner.

CURTIS LEE, son, was appointed Administrator

with Will Annexed with bond in the amount of

$9,000.00 on 01/13/04.

Bond was filed 02/19/04 and Letters were

issued on 03/30/04.

I & A showing the value of the estate at

$9,000.00 was filed on 03/22/04 and

Reappraisal for Sale I & A filed 04/01/01

showed the value of the estate at $13,000.00.

Petitioner states that this probate was

commenced in November 2003. The assets

consist of two real estate lots valued at

$13,000.00 that were sold during the course of

the probate. The net to the estate was

$3,349.16. Since the lots were sold in 2004,

petitioner has had no contact with the client

despite attempts to contact him at his

residence and workplace requesting that he

contact petitioner to close the estate.

NEEDS/PROBLEMS/COMMENTS:

CONTINUED FROM 08/14/12

As of 08/27/12, the following items remain

outstanding:

1. Need Notice of Hearing.

2. Need proof of service by mail of

the Notice of Hearing on:

- Curtis Lee (personal

representative)

- Surety Bonding Company of

America (pursuant to Probate

Code § 1213)

Note:

A Status Hearing will be set in this matter as

follows:

Friday, September 28, 2012 at 9:00

am in Dept. 303 for filing of the

Account and Petition for Final

Distribution

Pursuant to Local Rule 7.5 if the required

documents are filed 10 days prior to the

hearings on the matter the status hearing

will come off calendar and no

appearance will be required.

Cont. from 081412

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg x

Aff.Mail x

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: JF

Status Rpt Reviewed on: 08/27/12

UCCJEA Updates:

Citation Recommendation:

FTB Notice File 1 - Baker

1


2 Anita Mosesian (CONS/E) Case No. 07CEPR00752

Atty Kruthers, Heather H (for Petitioner/Conservator Public Guardian)

(1) First Account Current and Report of Conservator and (2) Petition for Allowance of Compensation to

Conservator and Attorney and (3) for Dispensation of Further Accounts

Age: 95 years

DOB: 7/13/1917 PUBLIC GUARDIAN, Conservator, is petitioner.

Account period:

Accounting - $273,638.91

Beginning POH - $255,200.00

Ending POH - $256,124.35

Conservator - $2,382.00

(16.5 Deputy hours @ $96/hr and 10.5 Staff hours @

$76/hr)

Attorney - $1,500.00 (Less than

allowed per Local Rule)

Bond fee - $25.00 (o.k.)

Court fees - $78.00 (certified copies)

Petitioner request that due to the insufficiency of the

estate to pay the fees and commissions that a lien be

imposed upon the estate for any unpaid balances of the

authorized fees and commissions.

Petitioner states that the conservatorship estates meets

the requirements of Probate Code § 2628(b) to

dispenses with further accountings. Petitioner requests

that the court dispense with further accountings as long

as conservatorship estate continues the requirements of

Probate Code §2628(b).

Petitioner prays for an Order:

1. Approving, allowing and settling the second

account.

2. Authorizing the conservator and attorney fees

and commissions

3. Payment of the bond fee

4. Authorize petitioner to impose a lien on the estate

for any unpaid balances of authorized fees and

commissions

5. Dispensing with further accountings, as long as

the conditions of Probate Code §2628(a)

continue to be met.

Court Investigator Julie Negrete’s Report filed on 3/13/12.

NEEDS/PROBLEMS/

COMMENTS:

Cont. from 071812

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of Hrg

✓ Aff.Mail W/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video Receipt

✓ CI Report

9202

✓ Order

Aff. Posting Reviewed by: KT


UCCJEA Updates:


FTB Notice File 2 - Mosesian

2


3 Wilba L. Taylor (Estate) Case No. 08CEPR00748 Atty Kruthers, Heather H. (for Public Administrator – Successor Administrator) Amended (1) First and Final Account and Report of Successor Administrator and

(2) Petition for Allowance of Ordinary and Extraordinary Commissions and Fees and for (3) Distribution

DOD: 4-27-08 PUBLIC ADMINISTRATOR, Successor Administrator, is

Petitioner.

Account period: 5-17-10 through 6-6-12

Accounting: $ 152,183.61

Beginning POH: $ 152,115.30

Ending POH: $ 33,137.63 (cash)

Public Administrator (Statutory): $1,926.68

Public Administrator (Extraordinary): $1,346.35 (sale of

real and personal property per local rule and

preparation of final tax return – 1 Deputy hour @ $96/hr

and 2 Staff hours @ $76/hr)

Attorney (Statutory): $1,926.68

Bond fee: $760.92 (ok)

Costs: $471.50 (filing, certified letters)

Closing: $500.00

An Objection was filed 7-30-12 by Brandenburger &

Davis, assignee of the above heirs.

Amended Petition filed 8-22-12 requests distributions as

set forth in the Objection.

SEE PAGE 2

NEEDS/PROBLEMS/

COMMENTS:

1. Need order.

Cont. from 080112

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters 6-4-10

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order

Aff. Posting Reviewed by: skc

Status Rpt Reviewed on: 8-27-12

UCCJEA Updates:


FTB Notice File 3 - Taylor

3


3 Wilba L. Taylor (Estate) Case No. 08CEPR00748

Objection filed 7-30-12 by Brandenburger & Davis states Objector is the assignee of the above heirs and as such is

an interested party and is entitled to a distributable share.

Each agreement and assignment states that in consideration of Objector having located and brought to the heirs’

attention, Objector is entitled to a one-third (33 1/3%) interest in such assets.

Objector proposed distribution as follows pursuant to intestate succession and assignments (attached to Objection):

Rosey D. Davidson $2,183.79 (a 1/8 share $3,275.69 less 1/3 $1,091.90)

Max Gene Monroe $2,183.79 (a 1/8 share $3,275.69 less 1/3 $1,091.90)

Ernestine Monroe $2,183.79 (a 1/8 share $3,275.69 less 1/3 $1,091.90)

Howard D. Monroe, Sr. $2,183.79 (a 1/8 share $3,275.69 less 1/3 $1,091.90)

John Monroe $2,183.79 (a 1/8 share $3,275.69 less 1/3 $1,091.90)

Herbert Gene Monroe, Sr. $2,183.79 (a 1/8 share $3,275.69 less 1/3 $1,091.90)

Bridget Monroe $525.95 (a 1/32 share $818.92 less 1/3 $292.97)

Victor Monroe $525.95 (a 1/32 share $818.92 less 1/3 $292.97)

Victoria C. Monroe $525.95 (a 1/32 share $818.92 less 1/3 $292.97)

Virgil Monroe $525.95 (a 1/32 share $818.92 less 1/3 $292.97)

Aaron Wilson $436.76 (a 1/40 share $655.14 less 1/3 $218.38)

Adrian Wilson $436.76 (a 1/40 share $655.14 less 1/3 $218.38)

Gregory Wilson $436.76 (a 1/40 share $655.14 less 1/3 $218.38)

Gwendolyn Wilson $436.76 (a 1/40 share $655.14 less 1/3 $218.38)

Valerie Wilson $436.76 (a 1/40 share $655.14 less 1/3 $218.38)

Brandenburger & Davis $8,815.18


4 Fred Erwin Davis (Estate) Case No. 10CEPR00810 Atty Dias, Michael A. (for Warren Leslie Davis – Son – Petitioner) Atty Farley, Michael L. (of Visalia, for Mary M. Davis – Surviving Spouse – Executor) Petition for Removal of Mary M. Davis as Executor of Estate Compelling Account and Report of Administration of Estate Appointment of Lynette Lucille Duston and Warren Leslie Davis as Successor Co-Executors of Estate, Removal of Mary M. Davis as Trustee of The Testamentary Trusts, Compelling Account and Report information Regarding the Testamentary Trusts and Appointment of Warren Leslie Davis as Successor Trustee of the Testamentary Trust [Prob. C. 8420, 8421, 8500, 8501, 8502, 8800, 8804, 10950, 10952, 12200, 12204, 12205, 15642, 15645, 15660, 15680, 16420 and 17200(b)]

DOD: 7-9-10 WARREN LESLIE DAVIS, Son, is Petitioner. MARY M. DAVIS, Surviving Spouse, was appointed Executor with Full IAEA without bond on 10-18-10. Petitioner states more than 18 months have elapsed since the issuance of Letters and Mary has neither filed an account nor a status report. Petitioner objects to the continuation of Mary as personal representative of the estate and seeks to remove her pursuant to Probate Code §§ 8502, 8804 for the following reasons:

Mary has wrongfully neglected the estate and has long neglected to perform any act as personal representative.

Mary has failed to file an inventory and appraisal.

Mary has wasted, embezzled, mismanaged, and committed a fraud on the estate. Mary has, inter alia, admitted during a deposition that she has liquidated assets of the Decedent’s estate, which were specific bequests to one of the petitioners to pay for her attorney’s fees and costs in her two civil actions against Petitioner. (See declaration of Alicia Wrest attached.)

Mary is incapable of properly executing the duties of the office. Mary is 86 years old and has made unsubstantiated claims for elder abuse in a pending case against one of the beneficiaries and has therein made representations that she is susceptible to undue influence.

The Court has the power to remove a personal representative for other cause such as adverse interest or hostile acts. Cites referenced.

Removal is necessary to protect the estate and its heirs. Mary should also be ordered to account and show the condition of the estate.

Furthermore it is proper for the Court to reduce Mary’s and her attorneys’ compensation.

SEE ADDITIONAL PAGES

NEEDS/PROBLEMS/COMMENTS: Note: Demurrer is set for hearing on 9-19-12. The Court may continue this matter. Note: Inventory and Appraisal and First Account are overdue. The original petition estimated the value of the estate at approx. $3,060,000.00. 1. Petitioner seeks to have his mother

removed as both Executor of this estate and as trustee of the testamentary trusts created under Decedent’s will. However, any requests regarding the trusts must be brought separately under appropriate code and pursuant to Local Rule 7.1.2. Accordingly, within this estate case, the Court can only make orders relating to this estate and its administration.

2. Petitioner states Mary currently has two (2) pending actions against beneficiaries involving trust property. Need clarification as to how any property is trust property, as no account or final distribution has been made from this estate to any trust. Examiner notes that Court records indicate one case has been dismissed and the other was stayed pending arbitration in June 2012. See additional notes on additional page.

Cont. from 080812

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail w

Aff.Pub.

Sp.Ntc.

Pers.Serv. w

Conf. Screen

Letters

Duties/Supp

Objections

Video Receipt

CI Report

9202 Order



UCCJEA Updates: Citation Recommendation: FTB Notice File 4 - Davis

4


4 Fred Erwin Davis (Estate) Case No. 10CEPR00810 Petitioner states he and his sister LYNETTE LUCILLE DUSTON are nominated as successor co-executors in Decedent’s will. Petitioner requests that they be appointed as successor co-executors to serve with full IAEA without bond. Petitioner further states that Mary M. Davis is the nominated trustee of the testamentary trusts created under the will. Petitioner objects to the continuation of Mary as trustee of the testamentary trusts and hereby seeks to remove her as trustee because she has breached the trusts, is insolvent and unfit to administer the trusts. Petitioner provides a list of reasons with reference to Probate Code §§16060-16062 and §§16002-16009. Examiner’s note: As noted in NEEDS/PROBLEMS/COMMENTS #1 above, trust issues cannot be addressed together with estate issues in this estate case. Pursuant to Local Rule 7.1.2, a separate matter must be established. As such, Examiner has not reviewed the sections relating to the request for removal of Mary as trustee. Petitioner prays as follows: 1. That citation issue to Mary M. Davis to show cause why she should not be removed as personal representative

and as trustee of the testamentary trusts; 2. For an order to remove Mary M. Davis as personal representative and revoke her Letters; 3. For an order to appoint Petitioner and Lynette Lucille Duston as personal representatives of the estate with full

IAEA without bond; 4. For an order for Mary M. Davis to file an account within 60 days of her removal; 5. For an order that Mary M. Davis surrender all estate property in her possession to the successor co-executors; 6. To remove Mary M. Davis as trustee of the testamentary trusts; 7. To appoint Petitioner or any suitable person as successor trustee; 8. For an order that Mary M. Davis make an accounting and surrender all property in her possession belonging to

the testamentary trust to a duly qualified successor trustee; 9. For attorney’s fees and costs of suit incurred herein; 10. For such other orders and further relief as the Court deems just and proper. Mary M. Davis filed a Demurrer that is set for hearing on 9-19-12 on the following grounds: 1. There is a defect or misjoinder of parties; 2. It fails to state facts sufficient to support any cause of action for removal; and 3. It is uncertain, including ambiguous and unintelligible. Points and Authorities provided. Objector also filed an Objection to the Declaration of Alicia D. Wrest in support of the Petition is hearsay and inadmissible herein. Cites provided. Note: The parties reference “unrelated litigation” involving allegations of elder abuse and influence: 11CECG00872 Mary M. Davis v. Lynette Lucille Dustin and Douglas Jon Dustin - Dismissed per request of Mary M.

Davis on 7-26-12 per Court records 11CECG03047 Mary M. Davis v. W. Leslie Davis – Matter stayed due to pending arbitration per Court records.


5 Esther Eaton (CONS/PE) Case No. 10CEPR01090 Atty Fanucchi, Edward L. (for Carol Lopez – Conservator/Petitioner) (1) First and Final Account and (2) Report of Conservator, and (3) Petition for Final

Distribution (Prob. C. 1860(a), 1861(a)(1)(b), 2620)

DOD: 02/28/12 CAROL LEWIS, Conservator, is Petitioner.

Account period: 04/27/11 – 02/28/12



Ending POH - $45,992.01

Account period: 02/29/12 – 04/30/12



Ending POH - $28,356.99

Conservator - waived

Attorney - $13,950.14 (already

paid to Quinlan, Kershaw & Fanucchi per

Schedule C of Accounting. $8,416.14 for

“conservatorship fees for estate work” and

$5,534.00 for “fees and costs, services to

conservatorship”. No itemization of fees and

costs is provided.)

Costs - $460.50 (already

reimbursed to Quinlan, Kershaw & Fanucchi per

Schedule C of Accounting. Costs are not

itemized.)

Petitioner prays for an Order:

1. Approving, allowing and settling the first

and final account;

2. Terminating the conservatorship and

discharging the conservator upon the

filing of an Ex Parte Petition for Final

Discharge and Order; and

3. Distributing the remaining assets of the

conservatorship to the Estate of James R.

Eaton, and that the Estate of James R.

Eaton immediately pay said funds to

Carol Lopez, as the sole surviving heir of

the conservatee, pursuant to the

Disclaimer of Interest executed by Mark

Eaton and Victoria Milo.

NEEDS/PROBLEMS/COMMENTS: 1. Schedule C of the Accounting

states that $13,950.14 in attorney’s

fees and $460.50 in costs have been

paid to Quinlan, Kershaw &

Fanucchi. It appears that this

payment of fees was made without

court order in violation of Probate

Code § 2647, which states that no

attorney’s fees may be paid from

the estate of the conservatee

without prior court order. Need

reference to court order authorizing

fees that have been paid.

2. No itemization of the fees and costs

is provided, therefore, the Court is

unable to determine whether the

fees and costs are just and

reasonable and allowable pursuant

to Local Rule 7.16, California Rules of

Court § 7.751. Need itemization of

fees and costs paid to Quinlan,

Kershaw & Fanucchi.

3. The Petition states that Mark Eaton

and Victoria Milo, children of the

predeceased spouse of the

conservatee have executed a

Disclaimer of Interest in favor of

Carol Lopez and that said

Disclaimers will be on file prior to the

hearing on this accounting. As of

08/27/12, no Disclaimers have been

filed.

4. Need original billing statements from

residential care facility The Harvest

pursuant to Probate Code §

2620(c)(5).

Cont. from

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

2620(c) x

Order

Aff. Posting Reviewed by: JF


UCCJEA Updates:


FTB Notice File 5 - Eaton

5


6 Marlin Mello (Estate) Case No. 11CEPR00924 Atty Zumwalt, Robert B (1) Petition for Final Distribution and (2) Waiver of Account and (3) Fixing and

Allowing Compensation for Services Rendered (Prob. C. 11640)

DOD: 8/13/2011 VICKI S. MELLO, Executor, is petitioner.

Accounting is waived.

I & A - $1,100,000.00

POH - $1,100,000.00

Attorney - $24,000.00

(statutory, to be paid outside of

probate)

Executor - waives

Costs - $2,356.00 (filing

fees, publication, probate referee,

document filing service)

Distribution, pursuant to Decedent’s

Will, is to:

Vicki S. Mello – 100% interest in 3

parcels of real property located in

Fresno County.


1. Need Franchise Tax Board

Clearance. On the filings of a final

account or report, if the estate

exceeds $1,000,000 at the date of

death and if $250,000 or more is

distributable to nonresident

beneficiaries, the certificate of the

California Franchise Tax Board

required by Revenue and Taxation

Code § 19513 must be on file.

2. Costs include $45.00 to Tri County

Court Services for filing documents

with the Court. Local Rule 7.17B

considers court runner services to be

a part of the cost of doing business

and therefore not reimbursable.

Cont. from

Aff.Sub.Wit.

✓ Verified

✓ Inventory

✓ PTC

✓ Not.Cred.

✓ Notice of Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

✓ Letters 12/12/11

Duties/Supp

Objections

Video

Receipt

CI Report

✓ 9202

✓ Order



UCCJEA Updates:


✓ FTB Notice File 6 - Mello

6


7 Suzanne Rae Boyles (7660) Case No. 11CEPR01016 Atty Kruthers, Heather H (for the Public Administrator)

Petition for an Order Approving Extraordinary Commissions for the Public

Administrator (Prob. C. 7666)

DOD: 7/19/11 PUBLIC ADMINISTRATOR/ADMINISTRATOR of

the Estate is petitioner.

Petitioner states he was appointed as

Administrator of the estate under Probate

Code 7660.

In the course of the administration of the

estate the Public Administrator’s office has

performed extraordinary services regarding

the sale of the Decedent’s real property.

Pursuant to Local Rule 7.18(B)(1) the

reasonable fee for such services is $1,000.00.

In addition, Petitioner filed the First and Final

Fiduciary tax return for this estate. The

reasonable value of such services is $248.00.

Furthermore, the Public Administrator has

performed extraordinary services regarding

the sale of decedent’s miscellaneous

personal property. The reasonable fee for

such services is $191.90.

Therefore, Petitioner prays for an Order that:

The Court authorize payment to the Fresno

County Public Administrator of $1,439.90 as

reasonable compensation for extraordinary

services to the estate.


Cont. from

Aff.Sub.Wit.

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail

Aff.Pub.

✓ Sp.Ntc. W/

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order



UCCJEA Updates:


FTB Notice File 7 - Boyles

7


8 Harriet Ann Bates (Det Succ) Case No. 12CEPR00649 Atty Garcia, Robert V. (for Lynn Holmes – Petitioner – Daughter) Petition to Determine Succession to Real & Personal Property (Prob. C. 13151)

DOD: 10/29/2011 LYNN HOLMES, daughter, is petitioner.

40 days since DOD

No other proceedings.

I &A - $83,400.00

Will dated 09/25/2003 devises all property

both real and personal to her

daughter/petitioner.

Petitioner requests Court determination that

decedent’s interest in real property located

at 30118 Yosemite Blvd. La Grange and the

interest in the 1999 Honda Accord and

furniture, furnishings and personal effects

pass to Lynn Holmes pursuant to

decedent’s will.


1. Attachment 11 does not include

decedent’s interest in the property.

Cont. from

Aff.Sub.Wit.

✓ Verified

✓ Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail w/

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf.

Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order

Aff. Posting Reviewed by: KT / LV


UCCJEA Updates:


FTB Notice File 8 - Bates

8


9 Ronald Keith Conley aka Keith Conley (Estate) Case No. 12CEPR00660 Atty Maroot, Phillip K. (for Kevin Conley – Petitioner – Son)

Petition for Probate of Will and for Letters Testamentary; Authorization to

Administer Under IAEA (Prob. C. 8002, 10450)

DOD: 06/26/2012 KEVIN CONLEY, son/named executor

without bond, is petitioner.

Court appointed Kevin Conley Special

Administrator on 08/01/2012. Letters of

Special Administration expire 08/29/2012.

All heirs waive bond.

FULL IAEA - ?

Will dated: 09/01/1991

Residence: Sanger

Publication: Needed

Estimated value of the estate:

Personal property - $240,500.00

Real property - $500,000.00

Total: - $740,500.00

Probate referee: Steven Diebert


1. Need Affidavit of Publication

Note: If the petition is granted status

hearings will be set as follows:

• Friday, 02/01/2013 at 9:00a.m.

in Dept. 303 for the filing of the

inventory and appraisal and

• Friday, 10/25/2013 at 9:00a.m.

in Dept. 303 for the filing of the first

account and final distribution.

Pursuant to Local Rule 7.5 if the required

documents are filed 10 days prior to the

hearings on the matter the status

hearing will come off calendar and no

appearance will be required.

Cont. from

✓ Proof of

Holographic

Instrument

✓ Verified

Inventory

PTC

Not.Cred.

✓ Notice of

Hrg

✓ Aff.Mail w/

Aff.Pub. x

Sp.Ntc.

Pers.Serv.

Conf.

Screen

✓ Letters

✓ Duties/Supp

Objections

Video

Receipt

CI Report

9202

✓ Order

Aff. Posting Reviewed by: KT / LV


UCCJEA Updates:


FTB Notice File 9 - Conley

9


11A Ruth Lee Ware (Estate) Case No. 11CEPR00034

Atty Lowe, Michelle (Pro Per – Daughter – Administrator)

Status Re: Filing of the First Account or Petition for Final Distribution

DOD: 8-8-07 MICHELLE LOWE, Daughter, was

appointed Administrator with full IAEA

without bond and Letters issued on 3-1-

11.

At the hearing on 3-1-11, the Court set

status hearing for filing of the first

accounting or petition for final

distribution.

At the hearing on 5-16-12, the

Administrator did not appear. The

Court continued the status hearing to

this date and set an Order to Show

Cause for sanctions in the amount of

$500.00.

At the continued status hearing OSC

hearings on 6-13-20, the Administrator

did not appear. The Court continued

the matters to 7-18-12 and ordered Ms.

Lowe to be personally present.

An Order to Appear and a copy of the

minute order were mailed to Ms.

Lowe’s address of record on 6-27-12.

Note: The documents mailed were

“returned to sender” by the Post Office

with a forwarding address provided.

Pursuant to Minute Order 7-18-12, the

minute orders and OSC were re-mailed

to Petitioner at two possible new

addresses on 7-20-12.

Note: A Petition for Final Distribution on

Waiver of Accounting was filed 8-24-12

and set for hearing 10-10-12. A Notice

of Change of Address was also filed.


Continued from 5-16-12, 6-13-12, 7-18-12.

Minute Order 5-16-12: No appearances. The Court

sets the matter for an Order to Show Cause on 6-13-

12. If a first account or petition for final distribution is

filed by 6-13-12, no appearance will be necessary.

A copy of the Minute Order and Order to Show

Cause why Administrator should not be sanctioned

in the amount of $500.00 for failure to file the first

account or petition for final distribution were mailed

to Ms. Lowe on 5-23-12.

Minute Order 6-13-12 (Status): No appearances.

Matter continued to 7/18/12. The Court orders

Michelle Lowe to be personally present.

Minute Order 6-13-12 (OSC): No appearances.


Michelle Lowe to be personally present. Order to

Show Cause to issue.


notes for the record that documents mailed were

“returned to sender” by the Post Office with a

forwarding address. The Court continues the matter

to 8-29-12. Michelle Lowe is ordered to be present

on that date.

Note: A Petition for Final Distribution on Waiver of

Accounting was filed 8-24-12 and set for hearing 10-

10-12.

B is the continued OSC.

Cont. from 051612,

061312, 071812

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order



UCCJEA Updates:


FTB Notice File 11A - Ware

11A


11B Ruth Lee Ware (Estate) Case No. 11CEPR00034

Atty Lowe, Michelle (Pro Per – Daughter – Administrator)

Order to Show Cause Re: Failure to File the First Account or Petition for Final

Distribution

DOD: 8-8-07 MICHELLE LOWE, Daughter, was

appointed Administrator with full IAEA

without bond and Letters issued on 3-1-

11.

At the hearing on 3-1-11, the Court set

status hearing for filing of the first

accounting or petition for final

distribution.

At the hearing on 5-16-12, the

Administrator did not appear. The

Court continued the status hearing to

this date (Page 13A) and set this Order

to Show Cause for sanctions in the

amount of $500.00.

At the continued status hearing OSC

hearings on 6-13-20, the Administrator

did not appear. The Court continued

the matters to 7-18-12 and ordered Ms.

Lowe to be personally present.

An Order to Appear and a copy of the

minute order were mailed to Ms.

Lowe’s address of record on 6-27-12.

Note: The documents mailed were

“returned to sender” by the Post Office

with a forwarding address provided.

Pursuant to Minute Order 7-18-12, the

minute orders and OSC were re-mailed

to Petitioner at two possible new

addresses on 7-20-12.

Note: A Petition for Final Distribution on

Waiver of Accounting was filed 8-24-12

and set for hearing 10-10-12. A Notice

of Change of Address was also filed.



sets the matter for an Order to Show Cause on 6-13-

12. If a first account or petition for final distribution is

filed by 6-13-12, no appearance will be necessary.

A copy of the Minute Order and Order to Show

Cause why Administrator should not be sanctioned

in the amount of $500.00 for failure to file the first

account or petition for final distribution were mailed

to Ms. Lowe on 5-23-12.

Minute Order 6-13-12 (Status): No appearances.


Michelle Lowe to be personally present.

Minute Order 6-13-12 (OSC): No appearances.


Michelle Lowe to be personally present. Order to

Show Cause to issue.


notes for the record that documents mailed were

“returned to sender” by the Post Office with a

forwarding address. The Court continues the matter

to 8-29-12. Michelle Lowe is ordered to be present

on that date.

Note: A Petition for Final Distribution on Waiver of

Accounting was filed 8-24-12 and set for hearing 10-

10-12. A Notice of Change of Address was also filed.

1. The Court may sanction Administrator for failure

to file timely.

Cont. from 061312,

071812

Aff.Sub.Wit.

Verified

Inventory

PTC

Not.Cred.

Notice of Hrg

Aff.Mail

Aff.Pub.

Sp.Ntc.

Pers.Serv.

Conf. Screen

Letters

Duties/Supp

Objections

Video

Receipt

CI Report

9202

Order


Status Rpt X Reviewed on: 8-27-12

UCCJEA Updates:


FTB Notice File 11B - Ware

11B

attention - fresno county superior courtattention, objector is entitled to a one-third (33 1/3%)...

Documents