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-Tentative Rulings




Tentative Rulings, Nevada City - Probate

>Tentative Rulings for Friday, April 29, 2016

Tentative Rulings for Friday, April 29, 2016 

1. P15193 Conservatorship of Odena Vasey

The Petition for Order to Transfer Trust Property and to Appoint Receiver to Sell Trust Property is continued on the courtís own motion to May 13, 2016, at 9:00 am in Dept. 6, to be heard with the Final Account. No appearances are required.

2. P15531 Estate of Edward Houtz

The Petition for Final Distribution is continued on the courtís own motion to May 20, 2016, at 9:00 am in Dept. 6. First, the petition states that Wells Fargo withdrew its Request for Special Notice. However, no such withdrawal is in the courtís file. Additionally, there are no rejections or allowances of creditorsí claims in the courtís file. Moreover, the amounts paid to three of the four creditors differ from the amounts sought in the claims. As none of the creditors were noticed with the present petition and no allowances of claims are in the courtís file, the court is uncertain whether such creditors are satisfied with the reduced payments. Thus, the court requires that all four creditors be served with the present petition and a proof of service be filed by May 5, 2016. No appearances are required.

3. P15702 Estate of Ronald MacMillen

The Petition for Final Distribution is continued on the courtís own motion to May 20, 2016, at 9:00 am in Dept. 6. There is no proof of service of the petition on lien claimant, County of Nevada. Petitioner shall serve claimant and filed a proof of service by May 5, 2016. No appearances are required.

4. P15743 Conservatorship of Ian Butler

Conservatorship to continue. The next review hearing is set for April 27, 2018, at 9:00 am in Dept. 6. The court investigation fee is waived. No appearances are required.

5. P15749 Gorman Family Trust

The Review Hearing is dropped. The Court notes that an Accounting was filed and served on April 25, 2016. However, such accounting is not timely served or filed for the April 29, 2016, hearing date. Thus, the Court continues the hearing on the actual Account until May 27, 2016, at 10:00 am in Dept. 6. Successor Trustees shall re-notice the Account and file a proof of service of the continue hearing date by May 6, 2016. No appearances are required.

6. P15834 Estate of Robert Struder

The Demurrer to the Amended Petition is overruled in part and sustained without leave to amend in part. The Amended Petition requests an order that the exercise of the Limited Power of Appointment is a valid exercise. Respondents contend that the Court does not have the power to prospectively confirm the exercise of a power of appointment that depends on a future event, i.e., the death of Mary Schwarz. However, to the extent the Petition seeks declaratory relief that Ms. Schwarz has the authority under Article 3, Paragraph K, to exercise such limited testamentary power of appointment, this Court can make such a determination of the rights and duties of a party. However, to the extent the Petition seeks an order that such document is valid, any challenges to the validity are not yet ripe and the Court cannot make such a determination until the death of Ms. Schwarz. Any Answer or Response to the Amended Petition shall be served and filed by May 6, 2016.

The hearing on the Amended Petition for Instructions is continued to May 20, 2016 at 10:00 am in Dept. 6, to be heard after any Answer or Response is filed.

No appearances are required.

7. P15929 Estate of Ruby Wilson

The Petition to Administer Estate is continued on the courtís own motion to May 20, 2016, at 9:00 am in Dept. 6. The courtís file is missing the proof of publication and a list of trust beneficiaries as required by Local Rule 8.30. No appearances are required.

8. P15933 Wolf Family Trust

The Petition for Removal of Trustee is continued on the courtís own motion to May 20, 2016, at 9:00 am in Dept. 6. The petition was not timely served or filed. Probate Code ß17203 requires 30 daysí notice. However, only 17 daysí notice was provided. Petitioner shall re-notice the present petition with the continued hearing date and file a proof of service by May 6, 2016. No appearances are required.

______________________________________________________________________________

Angela L. Bradrick, research attorney for the Superior Court of Nevada County, will act as judge pro tem on the Court's April 29, 2016 probate calendar and has issued these tentative rulings. Any party who does not wish to stipulate to her hearing this matter must notify the other parties and then notify the Court's judicial assistant at (530) 265-1273, by 4:00 p.m. on April 28, 2016. Since no judge will be available for the April 29, 2016 probate calendar, if any party declines to stipulate, the matter will be continued to May 13, 2016, at 9:00 a.m. If all parties stipulate to Angela L. Bradrick hearing the matter but wish to argue at the hearing, they must notify the Courtís judicial assistant by 4:00 p.m. on April 28, 2016. If you do not so notify the parties or the Court, the tentative ruling shall become the final ruling. California Rule of Court 3.1308, Local Rule 8.27. Any argument is limited to five minutes.