Petition for Probate of Will Letters Testamentary with A T A

Cal. Super. - 2nd Dist.December 6, 2016

123 23561 378401583 562400020067960 113454 21905 89 SUPERIOR COURT OF CALIFORNIA, MINUTE ORDER TIME: 09:00:00 AM JUDICIAL OFFICER PRESIDING: Glen Reiser COUNTY OF VENTURA OXNARD DATE: 02/16/2017 DEPT: J6 CLERK: Yolanda Smith REPORTER/ERM: Nicki Morris CASE NO: 56-2016-00489795-PR-PW-OXN CASE TITLE: In the Matter of Harry Edward Dempster CASE CATEGORY: Probate CASE TYPE: Probate of Will - Letters Testamentary EVENT TYPE: Petition for Probate of Will, Letters Testamentary with A.T.A. MOVING PARTY: Janiece Twitchell Dempster CAUSAL DOCUMENT/DATE FILED: Petition for Probate of Will and Letters Testamentary with Authorization to Administer Under the Independent Administration of Estates Act, 12/06/2016 STOLO APPEARANCES STOLO Stolo At 9:39 am, matter is called on the court's calendar Attorney Jeffrey M. Zabner (via COURT CALL) appearing for Janiece Twitchell Dempster. The Court finds/orders: TENTATIVE RULING DTD 02/16/17 IS CONTINUED TO 03/23/16 Petitioner and Oregon resident Janiece Dempster petitions to probate her husband's pour-over will dated February 9, 2006. The petition is in order. On January 17, 2017, the court received a written communication from decedent's son, Maryland resident David Dempster, which purported to attach a will from decedent dated August 14, 2014, and asks for the court's direction. The purported 2014 instrument, which will likely need a Probate Code §6110(c)(2) showing, has a handwritten acknowledgment of "will change" from petitioner wife dated April 7, 2015 which states she does "not agree" with decedent's change in dispositive provisions, as if she has some say in decedent's testamentary directive. There is no mention of 2014 will in the wife's originating verified petition. At the hearing, counsel for petitioner advised that he was fully aware of the alleged 2014 will but had unilaterally determined it was invalid and therefore unworthy of reference. On February 14, 2017, decedent's sons Harry Dempster and David Dempster cross-petitioned to VEN-FNR-10.03 MINUTE ORDER DATE: 02/16/2017 Page 1 DEPT: J6 CASE TITLE: In the Matter of Harry Edward Dempster CASE NO: 56-2016-00489795-PR-PW-OXN probate the August 14, 2014 instrument. This petition, at a minimum, needs statutory notice and publication, and is set for hearing on March 23, 2017. Hearing on the Janiece Dempster petition under the 2006 will shall be continued to March 23, 2017, 9:00 AM, J6, in order to have the two probate petitions heard currently. Petition for Probate of Will, Letters Testamentary with A.T.A. continued to 03/23/2017 at 09:00 AM in department J6. STOLO VEN-FNR-10.03 MINUTE ORDER DATE: 02/16/2017 Page 2 DEPT: J6 VEN-FNR-10.03 MINUTE ORDER DATE: 02/16/2017 Page 3 DEPT: J6