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-Tentative Rulings




Tentative Rulings, Nevada City - Probate

>REVISED Tentative Rulings for Friday, August 26, 2016

REVISED Tentative Rulings for Friday, August 26, 2016 

1. P13386 Conservatorship of Patricia Kepler

Appearances are required from Conservator of the Person, Conservator of the Estate, and Trustee for hearing. The Court intends to set an evidentiary hearing on the Petition for Fees filed by April Kepler. Until that petition is resolved, the court cannot approve the final account or discharge the conservator of the estate. The court also notes that an amended account including the IRA has not been filed.

2. P15034 Conservatorship of Homer Montgomery

The 6th Accounting and requested fees are approved. Conservatorship to continue. The next review hearing is set for August 31, 2018, at 9:00 am in Dept. 6. The court investigation fee is ordered to be paid forthwith. No appearances are required.

3. P15521 Estate of Karen Orlowski

The Petition for Final Distribution is granted as prayed. No appearances are required.

4. P15952 Sprung Trust

The Petition to Determine Trust Assets is granted as prayed. No appearances are required.

5. P15981 Conservatorship of Peter Leach

The Petition to Appoint Conservator is granted as prayed. A Review Hearing is set for July 28, 2017, at 9:00 am in Dept. 6. The court investigation fee is waived. No appearances are required.

6. P15989 Estate of Matthew Champeau

The Petition for Family Allowance is granted. Petitioner is entitled to a distribution of $3,695 per month until a petition for final distribution is approved. However, such funds shall be charged against Petitionerís share of the estate and shall be accounted for in the petition for final distribution. No appearances are required.

7. P15993 Conservatorship of Cledith Jennings

The Petition to Appoint Conservator of the Person and Estate is granted as prayed. Bond is set at $100,000. The court investigation fee is ordered to be paid forthwith. The first annual review is set for August 11, 2017, at 9:00 am in Dept. 6. No appearances are required.

8. P16008 Estate of Harry Penhasi

The Spousal Property Petition is continued on the courtís own motion to September 16, 2016, at 9:00 am in Dept. 6. Only 14 daysí notice was provided; 15 daysí notice is required. Petitioner shall re-notice and filed a new proof of service by August 31, 2016. No appearances are required.

9. P16010 Estate of Neaomi Byassee

The Petition to Administer Estate is continued on the courtís own motion to September 16, 2016, at 9:00 am in Dept. 6. The courtís file is missing the proof of publication and signed Duties. Additionally, the court requires a Declaration of Due Diligence under penalty of perjury regarding attempts to locate and serve Nancy Peterson. No appearances are required.

10. P09320 Conservatorship of Bryan Poe

Conservatorship to continue. The next review hearing is set for August 31, 2018, at 9:00 am in Dept. 6. The court investigation fee is ordered to be paid forthwith. No appearances are required.
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This is the Courtís tentative ruling. Attorneys and parties are urged to review the tentative rulings prior to the scheduled hearing, notify the opposing side if they intend to appear at the hearing and notify the law and motion/probate judicial assistant at (530) 265-1273 by 4:00 p.m. the court day preceding the hearing. Local Rule 8.27.

Unless the court orders otherwise, the court does not provide court reporters for probate hearings or proceedings at court expense. Any litigant who wants a record of the hearing or proceeding must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.