Preview
1 Levon Sagatelyan, SBN 87677
Andrea A. Nguyen, SBN 292990
ELECTRONICALLY
2 COREY, LUZAICH, DE GHETALDI
& RIDDLE LLP F I L E D
3 700 El Camino Real Superior Court of California,
County of San Francisco
P.O. Box 669
4 Millbrae, CA 94030-0669 09/13/2021
Telephone: (650) 871-5666 Clerk of the Court
BY: MICHAEL RAYRAY
5 Facsimile: (650) 871-4144 Deputy Clerk
ls@coreylaw.com
6 aan@coreylaw.com
7 Attorneys for Petitioner
Milton Steven Hahn also known as Steve Hahn
8
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN FRANCISCO
11
12 ) CASE NO. PES-21-304669
Estate of )
13 ) SUPPLEMENTAL DECLARATION TO
SUNNE FUNGE, ) PETITION FOR PROBATE OF WILL
14 ) AND FOR LETTERS OF
Decedent ) ADMINISTRATION WITH WILL
15 ) ANNEXED
)
16 ) DATE: September 20, 2021
) TIME: 9:00 AM
17 ) DEPT.: 204
18 The undersigned, Andrea A. Nguyen, is the attorney for the Petitioner herein, Milton Steven
19 Hahn also known as Steve Hahn. The Petition for Probate of Will and for Letters of Administration
20 with Will Annexed was reviewed by the Probate Examiner, who requested a supplemental declaration
21 addressing a certain number of issues. The information addressing the issues raised by the Probate
22 Examiner is presented below:
23 1. Please provide statutory authority to show that Petitioner is entitled to
24 appointment. If there are others who have higher priority of appointment, a written renunciation should
25 be filed by them. Where not filed, the petition should indicate the reason [Local Rule 14.24].
26 a. Probate Code Section 8441(a) states that except as provided in subdivision
27 (b), persons and their nominees are entitled to appointment as administrator
28 with the will annexed in the same order of priority as for appointment of an
-1-
SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL
ANNEXED
1 administrator. Furthermore, subdivision (b) mentions that a person who takes
2 under the will has priority over a person who does not, but the court in its
3 discretion may give priority to a person who does not take under the will if
4 the person is entitled to a statutory interest that is a substantially greater
5 portion of the estate than the devise to the person who takes under the will
6 and the priority appears appropriate under the circumstances.
7 b. Here, Petitioner is entitled to appointment because he has highest priority,
8 was nominated by the only person with equal priority, and is named in the
9 will. The priority for appointment of an administrator, pursuant to Probate
10 Code Section 8461, is surviving spouse or domestic partner, then children,
11 then grandchildren, then other issue, then parents, then brothers and sisters,
12 then issue of brothers and sisters, and so on. Here, the Decedent’s spouse
13 predeceased her and she had no children, grandchildren or issue. Her parents
14 and all of her siblings also predeceased her. Thus, the next priority of
15 appointment falls to the issue of her brothers and sisters which includes
16 Petitioner. The Decedent had seven nieces and nephews. Only three of those
17 nieces and nephews are listed in her will—Petitioner herein, DEBORAH
18 HAHN (misspelled in the will as DEBRA HAHN), and JOHN MCKENNA.
19 JOHN MCKENNA predeceased the Decedent and left no issue, as discussed
20 below, and DEBORAH HAHN nominated Petitioner to serve as
21 Administrator with Will Annexed. Furthermore, no person who does not take
22 under the will is entitled to a statutory interest that is substantially greater than
23 what Petitioner is receiving under the will. Thus, Petitioner has the highest
24 priority and is entitled to appointment.
25 2. Petitioner alleges in Item 6 that Decedent was survived by next of kin; however,
26 Item 6 requires that the first applicable box be checked, and Item 8 lists nephews and nieces. Please
27 clarify.
28 a. That was an error. The first applicable box checked should have been Item 6,
-2-
SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL
ANNEXED
1 box d, issue of deceased grandparent or grandparents, not Item 6, box f for
2 next of kin.
3 3. Please allege date of death for devisees John McKenna and John Billigmeier.
4 NB: if either died after Decedent, additional information regarding their estates and successors in
5 interest will be required pursuant to Local Rule 14.18C.
6 a. Both John McKenna and John Biligmeier predeceased the Decedent. John
7 McKenna passed away on January 3, 2018 and John Biligmeier passed away
8 on June 28, 2020.
9 4. Please provide a separate list clarifying who the intestate heirs would have been.
10 Please note that when second generation or more distant heirs are listed, the deceased ancestors
11 through whom they take (or would have taken) must be named and their relationships to the decedent
12 and dates of deaths need to be stated [Local Rule 14.18C]. Please begin with Decedent's parents. A
13 family tree would be best. Please be mindful of Local Rule 14.18D for those persons that are deceased.
14 a. The Decedent was married to DON L. FUNGE who passed away more than
15 15 years before the decedent on January 19, 1997. The Decedent had no
16 children. A true and correct copy of the family tree for the Decedent is
17 attached hereto as Exhibit A.
18 b. The Decedent’s parents predeceased the Decedent. MORRIS FARBER, the
19 Decedent’s father, passed away on March 25, 1948, and LENA FARBER, the
20 Decedent’s mother, passed away on June 5, 1961. MORRIS FARBER and
21 LENA FARBER had ten children together, one of which was the Decedent,
22 and all 9 of the Decedent’s siblings predeceased her.
23 c. GUS FARBER, the Decedent’s brother, passed away on April 5, 1989. BEN
24 FARBBER, the Decedent’s brother, passed away on October 20, 2001.
25 TILLIE FARBER, the Decedent’s sister, passed away on January 26, 1923.
26 HARRY FARBER, the Decedent’s brother, passed away on July 1, 1988.
27 PAULINE CORDES, the Decedent’s sister, passed away on December 13,
28 1991. AL FARBER, the Decedent’s brother, passed away on January 22,
-3-
SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL
ANNEXED
1 1971. ANITA HAHN, the Decedent’s sister, passed away on February 24,
2 1999. DOROTHY MCKENNA, the Decedent’s sister, passed away on
3 September 18, 2004. BERT FARBER, the Decedent’s brother, passed away
4 on January 13, 2013.
5 d. Four of the predeceased siblings of the Decedent were survived by issue.
6 Those issue totaled seven children who are the nieces and nephews of the
7 Decedent, namely SHARON FARBER, MARCIA FARBER, ADRIENNE
8 ROVENS, JEFFREY FARBER, JOHN MCKENNA (who predeceased the
9 Decedent and left no issue), DEBORAH HAHN, and the Petitioner herein,
10 MILTON STEVEN HAHN also known as STEVE HAHN.
11 e. These nieces and nephews would have been the intestate heirs and have been
12 served a copy of the Petition and the Notice of Hearing except for JOHN
13 MCKENNA who predeceased the Decedent without issue.
14 5. Decedent's will lists a Sophia Brainich as a devisee but Item 8 only lists a Sophia
15 Tsatsaronis. Please confirm that these are the same person.
16 a. Yes, these are the same person. Her maiden name was BRAINICH. Petitioner
17 has discovered that her legal name is actually SOFIA TSATSARONIS.
18 Decedent had misspelled SOFIA as SOPHIA. SOFIA TSATSARONIS is the
19 same person as SOPHIA BRAINICH listed in Decedent’s will.
20 6. This information addresses the issues raised by the Probate Examiner.
21 Petitioner requests that Petition for Probate of Will and for Letters of Administration with Will
22 Annexed be accepted and approved as it is now submitted.
23 DATED: September 13, 2021 Respectfully submitted,
24 COREY, LUZAICH, DE GHETALDI
& RIDDLE LLP
25
26 By: ____________________________________
Andrea A Nguyen, Attorney for
27 Petitioner, Milton Steven Hahn also known as
Steve Hahn
28
-4-
SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL
ANNEXED
Exhibit A
Preview
1 Levon Sagatelyan, SBN 87677 Andrea A. Nguyen, SBN 292990 ELECTRONICALLY 2 COREY, LUZAICH, DE GHETALDI & RIDDLE LLP F I L E D 3 700 El Camino Real Superior Court of California, County of San Francisco P.O. Box 669 4 Millbrae, CA 94030-0669 09/13/2021 Telephone: (650) 871-5666 Clerk of the Court BY: MICHAEL RAYRAY 5 Facsimile: (650) 871-4144 Deputy Clerk ls@coreylaw.com 6 aan@coreylaw.com 7 Attorneys for Petitioner Milton Steven Hahn also known as Steve Hahn 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 12 ) CASE NO. PES-21-304669 Estate of ) 13 ) SUPPLEMENTAL DECLARATION TO SUNNE FUNGE, ) PETITION FOR PROBATE OF WILL 14 ) AND FOR LETTERS OF Decedent ) ADMINISTRATION WITH WILL 15 ) ANNEXED ) 16 ) DATE: September 20, 2021 ) TIME: 9:00 AM 17 ) DEPT.: 204 18 The undersigned, Andrea A. Nguyen, is the attorney for the Petitioner herein, Milton Steven 19 Hahn also known as Steve Hahn. The Petition for Probate of Will and for Letters of Administration 20 with Will Annexed was reviewed by the Probate Examiner, who requested a supplemental declaration 21 addressing a certain number of issues. The information addressing the issues raised by the Probate 22 Examiner is presented below: 23 1. Please provide statutory authority to show that Petitioner is entitled to 24 appointment. If there are others who have higher priority of appointment, a written renunciation should 25 be filed by them. Where not filed, the petition should indicate the reason [Local Rule 14.24]. 26 a. Probate Code Section 8441(a) states that except as provided in subdivision 27 (b), persons and their nominees are entitled to appointment as administrator 28 with the will annexed in the same order of priority as for appointment of an -1- SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED 1 administrator. Furthermore, subdivision (b) mentions that a person who takes 2 under the will has priority over a person who does not, but the court in its 3 discretion may give priority to a person who does not take under the will if 4 the person is entitled to a statutory interest that is a substantially greater 5 portion of the estate than the devise to the person who takes under the will 6 and the priority appears appropriate under the circumstances. 7 b. Here, Petitioner is entitled to appointment because he has highest priority, 8 was nominated by the only person with equal priority, and is named in the 9 will. The priority for appointment of an administrator, pursuant to Probate 10 Code Section 8461, is surviving spouse or domestic partner, then children, 11 then grandchildren, then other issue, then parents, then brothers and sisters, 12 then issue of brothers and sisters, and so on. Here, the Decedent’s spouse 13 predeceased her and she had no children, grandchildren or issue. Her parents 14 and all of her siblings also predeceased her. Thus, the next priority of 15 appointment falls to the issue of her brothers and sisters which includes 16 Petitioner. The Decedent had seven nieces and nephews. Only three of those 17 nieces and nephews are listed in her will—Petitioner herein, DEBORAH 18 HAHN (misspelled in the will as DEBRA HAHN), and JOHN MCKENNA. 19 JOHN MCKENNA predeceased the Decedent and left no issue, as discussed 20 below, and DEBORAH HAHN nominated Petitioner to serve as 21 Administrator with Will Annexed. Furthermore, no person who does not take 22 under the will is entitled to a statutory interest that is substantially greater than 23 what Petitioner is receiving under the will. Thus, Petitioner has the highest 24 priority and is entitled to appointment. 25 2. Petitioner alleges in Item 6 that Decedent was survived by next of kin; however, 26 Item 6 requires that the first applicable box be checked, and Item 8 lists nephews and nieces. Please 27 clarify. 28 a. That was an error. The first applicable box checked should have been Item 6, -2- SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED 1 box d, issue of deceased grandparent or grandparents, not Item 6, box f for 2 next of kin. 3 3. Please allege date of death for devisees John McKenna and John Billigmeier. 4 NB: if either died after Decedent, additional information regarding their estates and successors in 5 interest will be required pursuant to Local Rule 14.18C. 6 a. Both John McKenna and John Biligmeier predeceased the Decedent. John 7 McKenna passed away on January 3, 2018 and John Biligmeier passed away 8 on June 28, 2020. 9 4. Please provide a separate list clarifying who the intestate heirs would have been. 10 Please note that when second generation or more distant heirs are listed, the deceased ancestors 11 through whom they take (or would have taken) must be named and their relationships to the decedent 12 and dates of deaths need to be stated [Local Rule 14.18C]. Please begin with Decedent's parents. A 13 family tree would be best. Please be mindful of Local Rule 14.18D for those persons that are deceased. 14 a. The Decedent was married to DON L. FUNGE who passed away more than 15 15 years before the decedent on January 19, 1997. The Decedent had no 16 children. A true and correct copy of the family tree for the Decedent is 17 attached hereto as Exhibit A. 18 b. The Decedent’s parents predeceased the Decedent. MORRIS FARBER, the 19 Decedent’s father, passed away on March 25, 1948, and LENA FARBER, the 20 Decedent’s mother, passed away on June 5, 1961. MORRIS FARBER and 21 LENA FARBER had ten children together, one of which was the Decedent, 22 and all 9 of the Decedent’s siblings predeceased her. 23 c. GUS FARBER, the Decedent’s brother, passed away on April 5, 1989. BEN 24 FARBBER, the Decedent’s brother, passed away on October 20, 2001. 25 TILLIE FARBER, the Decedent’s sister, passed away on January 26, 1923. 26 HARRY FARBER, the Decedent’s brother, passed away on July 1, 1988. 27 PAULINE CORDES, the Decedent’s sister, passed away on December 13, 28 1991. AL FARBER, the Decedent’s brother, passed away on January 22, -3- SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED 1 1971. ANITA HAHN, the Decedent’s sister, passed away on February 24, 2 1999. DOROTHY MCKENNA, the Decedent’s sister, passed away on 3 September 18, 2004. BERT FARBER, the Decedent’s brother, passed away 4 on January 13, 2013. 5 d. Four of the predeceased siblings of the Decedent were survived by issue. 6 Those issue totaled seven children who are the nieces and nephews of the 7 Decedent, namely SHARON FARBER, MARCIA FARBER, ADRIENNE 8 ROVENS, JEFFREY FARBER, JOHN MCKENNA (who predeceased the 9 Decedent and left no issue), DEBORAH HAHN, and the Petitioner herein, 10 MILTON STEVEN HAHN also known as STEVE HAHN. 11 e. These nieces and nephews would have been the intestate heirs and have been 12 served a copy of the Petition and the Notice of Hearing except for JOHN 13 MCKENNA who predeceased the Decedent without issue. 14 5. Decedent's will lists a Sophia Brainich as a devisee but Item 8 only lists a Sophia 15 Tsatsaronis. Please confirm that these are the same person. 16 a. Yes, these are the same person. Her maiden name was BRAINICH. Petitioner 17 has discovered that her legal name is actually SOFIA TSATSARONIS. 18 Decedent had misspelled SOFIA as SOPHIA. SOFIA TSATSARONIS is the 19 same person as SOPHIA BRAINICH listed in Decedent’s will. 20 6. This information addresses the issues raised by the Probate Examiner. 21 Petitioner requests that Petition for Probate of Will and for Letters of Administration with Will 22 Annexed be accepted and approved as it is now submitted. 23 DATED: September 13, 2021 Respectfully submitted, 24 COREY, LUZAICH, DE GHETALDI & RIDDLE LLP 25 26 By: ____________________________________ Andrea A Nguyen, Attorney for 27 Petitioner, Milton Steven Hahn also known as Steve Hahn 28 -4- SUPPLEMENTAL DECLARATION TO PETITION FOR PROBATE OF WILL AND FOR LETTERS OF ADMINISTRATION WITH WILL ANNEXED Exhibit A