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in Hawaii County
Ruling
2024PRDE023986
Jul 18, 2024 |
Roger L. Lund
|
Hearing on Petition For Probate Of Will And For Letters Of Administration With Will Annexed |
2024PRDE023986
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
2024PRDE023986: IN THE MATTER OF ARRETTA DELORES CARR
07/18/2024 in Department J6
Hearing on Petition For Probate Of Will And For Letters Of Administration With Will
Annexed
Petitioner Marlon Moss states he is a co-trustee of the trust and that Matthew
Carr is the named co-trustee of the Carr Family Trust (Trusts B and C).
Petitioners to provide a verified supplement of those entitled to notice pursuant to
Probate Code §1208 as they are both the proposed personal representatives and
the trustees of the beneficiary trust. (Probate Code §8110; §1208)
Petitioners’ petition filed 04/26/24 requested appointment as administrators with
will annexed. The supplement appears to now be amending the petition to a
request to probate the will only and not appoint a personal representative
pursuant to Probate Code §8000(a).
Probate Code §8000
(a) At any time after a decedent’s death, any interested person may
commence proceedings for administration of the estate of the decedent by
a petition to the court for an order determining the date and place of the
decedent’s death and for either or both of the following:
(1) Appointment of a personal representative.
(2) Probate of the decedent’s will
The court intends to grant the petition to probate decedent’s will. Upon Proof of
statutorily sufficient service of notice, the court intends to grant the petition and
admit decedent’s will dated 02/26/16 to probate. (Probate Code §8000(a)) The
court finds the petition to appoint Marlon Moss and Matthew Carr co-
administrators with will annexed has been withdrawn.
The Court uses Zoom exclusively for remote appearances in Department J6. For information on the Zoom
procedures, and for general information regarding Judge Lund and his courtroom rules and procedures, please visit:
http://www.judgerogerlund.com.
Ruling
Estate of: Felicia Phillips
Aug 05, 2024 |
P24-01091
P24-01091 ESTATE OF: FELICIA PHILLIPS
9:05 AM HEARING IN RE: PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY AND WITH IAEA
FILED BY CHARLES HENRY PHILLIPS ON 6/26/24
Need:
1. Verified declaration by petitioner to include trust beneficiaries in Item # 8. PrC §
2. Proof of mailing to anyone added by verified declaration, not already served
Ruling
Conservatorship of Hayes
Jul 24, 2024 |
23PC-0032041
CONSERVATORSHIP OF MAGDALENE HAYES
Case Number: 23PC-0032041
This matter is on calendar for Annual Review. The Court has read and considered the report filed June
11, 2024, by the Court Investigator, which recommends that the Conservatorship continue. The report
indicates that there have been no significant changes and that the Conservatorship continues to benefit
the Conservatee. The Court FINDS that the Conservator is acting in the best interest of the
Conservatee, and continued Conservatorship is in the best interest of the Conservatee. The Court
ORDERS that the Conservatorship shall continue. The matter is set for Biennial Review on Monday,
July 13, 2026, at 2:30 p.m. in Department 44. No appearance is necessary on today’s calendar.
Ruling
2024PRCE026150
Jul 19, 2024 |
Roger L. Lund
|
Hearing on Petition for Appointment of Temporary Conservator of the Person and Estate |
2024PRCE026150
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
2024PRCE026150: IN THE MATTER OF MONICA MARY PRECIUTTI
07/19/2024 in Department J6
Hearing on Petition for Appointment of Temporary Conservator of the Person and Estate
Notice of Hearing (GC-020) not filed. Five days’ service on those entitled to
notice and five days’ personal service on the proposed conservatee is required.
(Probate Code §2250(e)(2))
CI report not filed.
Capacity declaration not filed.
Continue for statutorily sufficient service of notice, Capacity Declaration and the
CI report.
Hearing date of 09/13/24 re the general petition remains as previously set.
__________________
The Court uses Zoom exclusively for remote appearances in Department J6. For information on the Zoom
procedures, and for general information regarding Judge Lund and his courtroom rules and procedures, please visit:
http://www.judgerogerlund.com.
Ruling
2024PRDE019512
Jul 18, 2024 |
Roger L. Lund
|
Hearing on Petition for Determination of Persons Entitled to Distribution of the Decedent's Estate |
2024PRDE019512
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
2024PRDE019512: IN THE MATTER OF BARRY L WOLIN
07/18/2024 in Department J6
Hearing on Petition for Determination of Persons Entitled to Distribution of the Decedent's
Estate
The Court denies Petitioner Tiffany Van Wingerden’s request to take judicial
notice of the “findings” in the conservatorship case broadly and in the court
investigator’s report dated 5/9/23 specifically. No copy of the material asked to be
judicially noticed was provided, and more importantly, the investigator’s alleged
statement that Alan Wolin is the decedent’s only sibling cannot be accepted as
indisputably true through judicial notice. (Evid. Code, § 452, subd. (d); Cal. Rules
of Court, rule 3.1306(c); e.g., Columbia Casualty Co. v. Northwestern Nat. Ins.
Co. (1991) 231 Cal.App.3d 457,473 [judicial notice of the truth of the content of
court records is improper except in limited instances such as for purposes of res
judicata or collateral estoppel].)
The written statement of interest filed on 7/5/24 is not signed by Dan Jestic. Dan
Jestic’s signature for the statement is to be filed if he wants the statement of
interest to apply to him. (Prob. Code, § 11702, subd. (a) [stating “written
statement of each claimant”].)
Subject to the foregoing, the Court will determine that the persons entitled to
distribution from the estate are Alan Wolin as to a 50% share, Randy Jestic as to
a 25% share, and Randy Jestic as to a 25% share.
__________________
The Court uses Zoom exclusively for remote appearances in Department J6. For
information on the Zoom procedures, and for general information regarding
Judge Lund and his courtroom rules and procedures, please visit:
http://www.judgerogerlund.com.
Ruling
Conservatorship of Cox
Jul 21, 2024 |
24PC-0032341
CONSERVATORSHIP OF BETTE COX
Case Number: 24PC-0032341
This matter is on calendar for confirmation of filing of the Determination of Appropriate Level of Care
form, Care Plan, Proof of Service of Notice of Conservatee’s Rights, and Inventory and Appraisal. The
Notice of Conservatee’s Rights with proof of service, Care Plan and Determination of Appropriate Level
of Care form have been filed. No Inventory and Appraisal has been filed. This matter is continued to
Monday, August 26, 2024, at 2:30 p.m. in Department 44 for further proceedings to confirm filing of
the Inventory and Appraisal. If the document cannot be filed prior to the next hearing date, the Court
ORDERS a Status Report be filed and served at least five court days before the next hearing to advise
what must be accomplished before the documents can be filed. No appearance is necessary on today’s
calendar.
Ruling
In Re Lawson
Jul 21, 2024 |
24PB-0032418
IN RE LAWSON
Case Number: 24PB-0032418
This matter is on calendar for review regarding confirmation of receipt and acknowledgement of
deposit. No “Receipt and Acknowledgment of Order for the Deposit of Money Into Blocked
Account” has been filed. No status report has been filed. The parties are ordered to appear to
provide the Court with a status of the deposit of the funds into a blocked account.
Ruling
Estate of Seigmund
Jul 24, 2024 |
23PB-0032232
ESTATE OF EDWARD SEIGMUND
Case Number: 23PB-0032232
This matter is on calendar for Confirmation of Filing the Inventory and Appraisal. The Inventory and
Appraisal has not been filed. No Status Report has been filed. This matter is continued to Monday,
August 26, 2024, at 2:30 p.m. in Department 44 for confirmation of filing of the Inventory and
Appraisal. If a Final Inventory and Appraisal cannot be filed prior to the continued hearing date, the
Court ORDERS a Status Report be filed and served no later than five court days before the next hearing
date to advise what must be accomplished before the Final Inventory and Appraisal can be filed. Failure
to file either the Final Inventory and Appraisal or the Status Report may result in the issuance of an
Order to Show Cause Re Monetary Sanctions of $250.00 for failure to timely file the Inventory and
Appraisal, and failure to comply with the Court’s order. The Court notes the future date of March 17,
2025 for Status of Administration. No appearance is necessary on today’s calendar.
Document
In the matter of:
Jul 18, 2024 |
Estates and Administration |
Formal Adjudication of Intestacy |
BR24P1784EA