Trusts

If the tentative ruling is accepted, no appearance by Zoom 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. You must inform the clerk concerning your appearance choice: Zoom or in person. 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 9:45 a.m. on the day of the hearing.  

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To Join Department 12 “Zoom” Online

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Guide for Participating in Court Proceedings via Zoom for Dept 12:

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  • The recording function has been disabled. Remember, the prohibition against recording court proceedings, even remote ones, remains.
  • Be patient. Check in will take more time and the experience from those who have tried this before is that proceedings are a little slower generally.

Tentative Rulings

July 17, 2026, at 9:30 a.m.  

  1. Matter of The Duane I Delong Trust
    25PR01440
    Petition for Order Confirming Trust Assets

Tentative Ruling: This matter is CONTINUED to October 23, 2026 at 9:30 a.m. in Department 63 to allow the petitioner an additional opportunity to cure the notice defects noted below. Generally, no more than two continuances will be permitted before the matter is dismissed without prejudice. Sonoma County Local Rule 6.2(C)(2)(c).

The petition and the declaration of counsel indicate that there is a lender with an interest in the real estate at issue here. That lender must be served in accordance with California Probate Code (Prob C”) §851(a)(2). The petitioner should note that Prob C §851(a) requires service of the notice of hearing and a copy of the petition in the manner provided by California Code of Civil Procedure (CCP) §413.10 et seq. (i.e. in the manner of a summons.)

The Court acknowledges the proof of electronic service to the lender filed June 16, 2026. Electronic notice is not sufficient, because it does not constitute service in the manner provided by (CCP) §413.10 et seq. (i.e. in the manner of a summons.) See Prob C §851(a)(2); CCP sections 415.10-415.95; CCP §1010.6(a)&(c); and California Rules of Court Rules 2.251(a), (b) & (f). Under the present circumstances, electronic service to the lender is inappropriate absent express consent, properly rendered.

 

  1. Matter of Sailor Murphy Funtanellas
    26PR00129
    Petition for Final Distribution and to Dispense with Notice Upon Declaration of Diligence

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged April 10, 2026.

 

  1. Matter of Barbara Yakovich Trust
    26PR00365
    Petition for Order Instructing the Trustee Regarding Terms of the Trust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged March 24, 2026.

 

  1. Matter of Robert C. Engemoen, Jr. Trust
    26PR00366
    Petition for Appointment of Successor Trustee

Tentative Ruling: This matter is CONTINUED to October 30, 2026 at 9:30 a.m. in Department 63, for the reasons set forth below.

All trust beneficiaries are entitled to notice of this petition. California Probate Code §17203(a)(2). Also see California Probate Code (Prob C) §24(c). Upon Carla Johnson’s death the remainder beneficiaries are Thelma F. Engemoen’s (Thelma) living issue. Trust Article Fifth section B. There is no notice to Thelma’s issue and the petition does not indicate Thelma died without issue. The petitioner is directed to file and serve, at least seven (7) court days in advance of the continued hearing, a verified supplement, addressing whether Thelma died leaving issue. If Thelma died leaving issue, the petitioner is directed to timely serve code compliant notice of the continued hearing to said issue and file proof(s) of service.

Also, the trust waives bond for any trustee named in the trust instrument. Trust, Art. Thirteenth section B. The petitioner is not named as a successor trustee in the trust instrument, so bond must be required pursuant to Prob C §15602(a)(3). The Court will require bond in the amount of the overall value of the trust res. The petitioner is directed to file and serve, at least seven (7) court days in advance of the continued hearing, a verified supplement addressing this issue, so that an appropriate bond can be set.

 

  1. Matter of J.R. Goodrich Fire Trust
    26PR00369
    Petition to Remove Trustee; Appoint Successor Trustee; Compulsory Accounting; and Turnover of Trust Property

Tentative Ruling: The matter is CONTINUED to November 6, 2026 at 9:30 a.m. in Department 63, for the reasons set forth below.

The declaration of John Goodrich in support of the petition refers to Exhibits A through C but no such exhibits were provided. Importantly, no trust instrument was provided, as required by Sonoma County Local Rule 6.8.A. Without reviewing a copy of the trust, the Court cannot proceed to decide any issues raised by the petition.

The opposition is not verified as required by California Probate Code §1021(a)(2). The Court will strike the opposition pursuant to California Code of Civil Procedure §436(b) if this issue is not rectified in advance of the continued hearing.

The Court is aware a new petition was filed on July 13, 2026 and set for hearing on November 6, 2026.  It also is unverified and subject to being stricken if this is not corrected.

For the benefit of both parties, the Court notes that this county does not maintain a list of individuals for appointment as trustee, and instead relies on the parties to nominate successor trustees, accompanied by the nominee’s consent to accept the trust.

As this is a contested matter, the parties are ordered to meet and confer in compliance with local rule 6.2.F.2 and file statements of issues in compliance with local rule 6.2.F.3 at least seven (7) court days in advance of the continued hearing.

 

  1. Matter of Kachigan-Ammondson Trust
    26PR00373
    Petition for Order Terminating Subtrust

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged March 25, 2026.

 

  1. Matter of the Testamentary Trust for the Benefit of Gertrude Waldmann, created out of the Estate of Heinz Waldmann
    26PR00443
    Petition for Appointment of Successor Trustee and for Construction of Trust

Tentative Ruling: The petition is GRANTED as set forth below.

Madeleine L. Waldmann is appointed as trustee of The Testamentary Trust for the benefit of Gertrude Waldmann, created out of the Estate of Heinz Waldmann, to serve without bond.

At Robert Beny Waldmann’s death, if he is not survived by issue, the residue of Robert’s trust will pass to Heinz Waldmann’s heirs at law, per the terms of paragraph 5 of the “Dispositive Provisions” of the trust as set forth in the Judgment for Preliminary Distribution dated November 24, 1982.

Counsel for the petitioner is directed to lodge an updated proposed order that conforms to this ruling.

 

  1. Matter of Cruz Hernandez SNT
    SPR82937
    Petition for Settlement of Seventh Account and Report of Trustee and Request for Approval to Pay Compensation to Trustee’s Attorneys

Tentative Ruling: The petition is GRANTED. The Court will sign the proposed order lodged April 7, 2026. This matter is SET for case management conference on April 13, 2028 at 3:00 p.m. in Department 63 for status of the eighth account.

The Probate Court’s review of this trust DOES NOT Guarantee Medi-Cal Eligibility or any other Public Benefits provided by any governmental entity. The Probate Court DOES NOT Guarantee that all Federal and State requirement have been met.

 

  1. Conservatorship of Jennifer Hale
    SPR097492
    First Account and Report of Trustee of the Jennifer K. Hale Revocable Trust; Petition to Settle Account; Petition to Fix & Allow Trustee’s Attorney Fees; and Petition for Authority Invest Trust Funds in the Purchase of an Interest in A Personal Residence for the Beneficiary

Tentative Ruling: This matter is CONTINUED to November 6, 2026 at 9:30 a.m. in Department 63, for the reason set forth below.

The confidential financial statements lodged in support of the accounting reveal a $200.00 discrepancy in the value of the Wells Fargo Checking #8356 as of January 31, 2026. The account statement shows the balance on January 31, 2026 was $119.36, but the accounting shows the account held $319.36. The petitioner is directed to file and serve, at least seven (7) court days in advance of the continued hearing, a verified supplement addressing this discrepancy. If the petitioner can file a verified supplement in advance of the hearing, and requests to appear at the hearing in accordance with all local rules, the petitioner may appear at the hearing to present the verified supplement to the Court and/or discuss the issue with the Court, potentially avoiding the continuance.

 

***End of Tentative Rulings***