Preview
I Andrea R. Patton (SB # 204512) DEPARTMENT: 204
Hearing: 06/29/2022 9:00 am
Prenovost, Nonnandin, Dawe & Rocha
2 2122 North Broadway, Suite 200
ELECTRONICALLY
Santa Ana. CA 92706
a
J F I L E D
Superior Court of California,
Tele (714) 547-2444 County of San Francisco
4 Fax (714) 83s-2889
03/14/2022
5 Attorney for Execntor, Brian O'Flynr-r Clerk of the Court
BY: CARLOS MURILLO
Deputy Clerk
6
7
8
SUPERIOR COURT OF THE STA'IE OF CALIF'ORNIA
9
FOR THE COUNTY OF SAN FRANCISCO
10
l1
I'lstate of: ) CASE NO. PES-20-304006
12 )
KAY MURPHY-O'FLYNN, aka ) F'IRST AND FINAL ACCOUNT AND REPORT
13
KATHARINE LORETTA MURPFIY. ) OF EXECUTOR, PETITION FOR ITS
O'F I-YNN, aka KATHARINE, ) SETTLEMENT, F'OR WAIVER OF
14 MURPI-IY-O'FLYNN, ) STATUTORY EXECUTOR'S COMMISSIONS,
) AppRovAL oF srATt.rroRY ATTORNEYS',
1-5 ) FEES, AND PETITION FOR FINAL
Decedent. ) DISTRIBUTION AND DISCHARGE OF
16 ) EXECUTOR
17 Petitioner, Brian O'Flynn, as Executor of the Will of the above-named decedent alleges:
18 1. Date of Death ar-rdResidence: KAY MURPHY-O'FLYNN, aka KATHARINE
t9 LORETTA MURPHY-O'FLYNN, aka KAI'HARINE MURPHY-O'FLYNN, died on Maroh 19,
20 2077 , in the County of San Francisco, State of California and was at the time of her death a resident
21 of San Francisco County, California.
22 2. Decedent Died Testate: Decedent's Will dated May 14,2004 and the Codicil
z-t dated March 23,2070 were adrnitted to Probate by Order for Probate filed with this Courl on
24 Decenrber 30,2020. Petitioner qualified as Executor when Letters Testamentary were issued to
25 petitioner on.Tanuary 11,2021. At all times since then, Petitioner has been and now is the Executor
26 of the decedent's estate.
27
28
FIRST AND FINAL ACCOUNT AND
REPORT OF EXECUTOR
i 3. Administration Under the Independent Administration of Estates Act: On
2 December 30,2020, petitioner was granted authority to administer the estate under limited authority.
3 Petitioner qualified as Executor on January 11 ,2021 when Letters Testamentary were issued.
4 Petitioner's authority to so adn'rinister the estate has not been revoked. Decedent's Will and Codicil
5 were admitted to probate by order of this court on Decernber 30,2020.
6 4. Independent Actions'faken Without Notice of Proposed Action: Petitioner took the
7 lbllowing actions without court supervision and without sending notice of proposed action pursuant
8
to Probate Code Section 10252((b) as fbllows:
9
A. On or about June 28, 2021, the 635 shares of Public Storage stock were sold for
10
$176,600.25. This stock is listed on Attachment Two, as Item I on the Final Inventory and
1l
Appraisal filed with this Court on June 17,2021. with a date of death value of $141,506.58 plus an
t2
accrued dividend in the amount of $ 1,270 as reflected on the Property on Hand Schedule for a total
13
ol$142.776.58. The net proceeds f}om this sale and the accrued interest in the amount of $1,270
t4
have been deposited into the estate checking aocourrt and are reflected in the property on hand listed
15
fbr distribution in paragraph l4 herein. Further, this asset has been removed from the Estate on
16
Hand. Thissalerepresentsagainonsaleof$35,093.67asreflectedonScheduleB-GainonSale
17
and on Scl-redule F - Changes in Investments attached hereto. See pages 10 and 17 of the accounting.
18
B. On or about September 17,2021, the 3,717.15 shares of Putnam CA Tax Exempt Inc
t9
A Borrd were sold for $3 1 ,143.22. These assets are listed on Attachment Two, as Item 1 on the
20
Partial No. One Inventory and Appraisal flled with this Court on .Iune ll ,2021, with a date of death
2t
value of $28,509.26 plus an accrued dividend in the amount of $47.19 as reflected on the Property on
22
IlandScheduleforatotalof$28,556.45. Thenetproceedsfromthissaleandtheaccruedinterestin
23
the amount of $47.19 l-rave been deposited into the estate checking account and are reflected in the
24
property on hand listed fbr distribution in paragraph 14 herein. Further, this asset has been removed
25
fionr the Estate on Hand. This sale represents a gain on sale of $1,491 .26 as reflected on Schedule
26
B, Gain on Sale and on Schedule F - Changes in Investments (which also include dividend
27
reinvestments during the period of this account. See pages 10 and 17 of the accounting.
28
FIRST AND F'INAT, ACCOUNT ANT)
_1 _ REPORT OF EXECUTOR
1 C. During the period of this accolrnt, the Transamerica Life Insurance Policy payout in
2 the amount of $495.70 has been cleposited into the Bank of America estate bank account.
3 D. During the periocl of this account, the Bank of America account number #***>k2882
4 has been closed and the funds have been dcposited into the Bank of America estate bank account.
5 E. During the period of this account, the TD Ameritrade cash account and the TD
6 Ameritrade Insured Deposit account number 886-6435142have been olosed and the funds have been
7 deposited into the Bank of Arnerica estate bank account.
8
5. Status of Estate: Petitioner has performed all duties required of him as Executor of
9
the estate with respect to the administration of the estate, and the estate is ready for distribution and
10
is in a condition to be closed. All costs of adrninistration incurred to date, including costs of
t1
publication, probate referee fees and bond premiums, ifany, have been paid by the Petitioner as the
12
T'rustee of the decedent's trust. No reimbursement is sought fbr said payment. There are no known
13
liabilities of this estate except for commissions and fees not yet approved by this court. The estate is
t4
now solvent and sr.rfficient liquid assets are on hand to pay all expenses of the estate.
15
6. Notice of Death: Notice o1'Death has been published for the period and in the
16
marlner prescribed by law, the first publication being made on Novernber 16,2020. Within thirty
17
days after the con-rpletion of publication, that is, on November 30, 2020, a Proof of Publication
18
showing dr,re publication in the manner and form required by law was filed with the clerk of this
19
court. More than fbur months have elapsed since the issuance of Letters. Reasonable efforts were
20
macle to iclentify creditors of the estate, and notice of adrninistration has been sent to all known
21
creditors of the estate. No creditors were identified so, no Notices to Creditors were sent. The time
22
for filing and presenting creditor's claims expired on May 17,2021.
23
7. Creditor's Claims: Petitioner has rnade reasonable efforts to ascertain all creditors of'
24
the Decedent. Petitioner is the son of the decedent and trustee of the decedent's trust and as such
25
was familiar with decedent's flnancial matters, including debts. ln addition to that knowledge,
26
Petitioner made a thorough search of decedent's flnancial records for creditors and monitored all
27
incoming mail. Petitioner believes that all debts of the decedent have been paid. Petitioner fufther
28
F'IRST AND FINAI, ACCOUNT AND
-3- REPORT OF EXECTJTOR
1 believes that he has complied with the requirements of the Probate Code and the requirements of the
2 [J.S. Supreme Court as set forth in Tulsa v. Pope, in giving notice to all known and reasonably
a
J ascertainable creditors.
4 Clairns were filed against the estate as fbllows:
5 DATE NAME OF CLAIMANT NATURE OF CLAIM AMOUNT STATUS
6 05104121 Brian O'Flynn Funeral/Mernorial Expense $837.I 3 Approved,
allowed, and paid on02105122
7
8
05104121 Brian O'Flynn Funds provided to Decedent $76,000 Rejected for
$76,000 by Judge*r'
9 'I'he court
'r"r' re.jected the submission of the Allowance o1'Creditor's Claim for $76,000
10
relative to funcls provided to the decedent prior to her death lbr assistance with her living expenses
11
filed by Petitioner herein, Brian O'Flynn. Mr. O'Flynn decided not to file a lawsuit to pursue the
12
Creditor's Claim in the amount $76,000.
13
8. Inventorlz: An Inventory ancl Appraisal, Partial No. One, of the estate assets was filed
t4
on June 17 .2021 showing the value of estate assets to be $60,879.61 .
15
A Final Inventory and Appraisal was filed on June 17, 2021 showing additional estate assets
16
with a value of $112,776.58.
t7
An lnventory and Appraisal, Partial No. Two, of the estate assets showing a value of $493.69
18
will be filed prior to the hearirrg this matter.
or-r
t9
A Correcting Inventory and Appraisal showing a negative value of <-$12,446.63> will be
20
1'rledprior to the hearir-rg or-r this matter removing three accounts that were later determined to be held
2t
in.loint tenancy and therelbre are not assets of this probate estate.
22
Petitioner alleges that such inventories totaling $191,703.25 contain all of the assets of
23
decedent's estate that have come to petitioner's knowledge or into his possession.
24
9. Califolnia and Federal Estate: No f-ederal estate taxes are due as the estate was
25
insufficient to warrant the filing of the same. Because California's death taxes were based on the
26
federal estate death tax cledit and this credit was repealed Ibr estates of decedents dying af\er2004,
27
California does not currently irnpose any death taxes on estates of decedents dying after 2004.
28
F-IIIST AND FINAL ACCOUNT AND
-4- REPORT OF EXECUTOR
I 10. Income Taxes: All Calilbrnia and Federal personal income taxes due by the estate
2 and the decederrt have been paid thror-rgl-r the decedent's trust estate.
a
-l 1l. Personal Property Taxes: There are no personal property taxes due and payable by
4 the estate and none have been paid.
5 12. Chalacter of Estate: 'Ihe estate consists entirely of the separate property of the
6 decedent,
7 13. Snmmar), of Account: This account covers the period from decedent's death on
8 March 19,2017 to February 10. 2022 and is attached hereto as Exhibit "4". 'lhis account period
9
exceeds two years, however, the accourrting is or-rly 17 pages with very little activity rnostly
10
consisting of interest and dividends received as well as bank admir"ristration fees and the sale of two
i1
assets. Due to the simplicity of the accounting, it is in the estate's best interest and benefit and
t2
therefore there is good cause to f-rle the accounting as a first and final accounting. Petitioner has
l3
kept all cash in his possession in interest-bearing accounts or other investtnents authorized by law
14
except amounts needed to administer the estate. The Petitioner has ir-r his possession belonging to the
l5
cstate. after deducting credits to whioh he is entitled, a balance at the appraised value of
t6
$231,742.29, all of which is in cash. Copies of the most current Bank of America and Morgan
17
Stanley estate account statements ending as of February 4,2022 and February 28,2022 respectively
l8 u'2". The Bank
are attached heleto as Exhibit'o1" and of America statement has been reconciled to
t9
tlre accourrt ending date of February 10,2022 to reflect a check that has been written but that have
20
not yet cleared the bank account and the funds fiom the closure o1'a second Morgan Stanley account
2t
number 101-l 1 1202-679 deposited afler ending date of the accounting).
tl-re
22
Petitioner should be cl-rarged and credited as shown in the following summary of account,
23
which is supported by the schedules incorporated here by leference:
24
CHARGES
25
Amount of inventory and appraisal $ 191,703.25
26
Receipts during accouut period other than
27 principal items (Schedule A) $ 9,845.10
28
FIRST AND FINAL ACCOUNT AND
-5- REPOR"I OF EXECUTOR
1 Gains on Sales (Schedule B) $ 36,584.93
2 Total Charges $ 238,133.28
-) CREDITS
1 Disbursements during account period
5
(Schedule C) $ 6,390.99
Property or-rhand (Scliedule E) s 23r^142.29
6
fotal Credits $ 238,133.28
7
8
14. Property on Hand tbr Distribution: Petitioner has the following property remaining on
hand lor distribution:
9
Market Value Carr), Value
10
Cash on Hand: $ 231,742.29 $ 231,742.29
1l
12
Less Atton-rey's Fee: - 7.762.66 - 7
^762.66
13
Property remaining for f)istribution: s 223.919.63 $ 223,979.63
14 15. Name of Beneficiary: Proposed Distribution: The sole devisee and legatee under the
15 decedent's Will and codicil, adn-ritted to probate by this Court on December 30, 2020, ar-rd the portion
l6 of the estate devised and bequeathed is as fbllows:
17 NAME & ADDRESS AGE RELATIONSHIP SHARE
18 Brian Murphy O'Flynn Adult Son, Executor, and 100% of estate
aka Brian O'Flynn Trustee of decedent's Trust consisting of cash
19 Trustee of the Kay in the amount
Murphy-O' Flynn Revocable of 5223.979.63
20 Trtrst dated May 14,2004
1754 Greenwich Street
21 San Francisco, CA 94123
22 The names and address of trust beneficiaries are as follows and they will receive notice and a
L-) copy of tliis petition as follows:
24 Gregory Josepl-r O'Flynn Adult
3 l,aurel Grove Avenue
25 I(entfi eld. CA 94904-1 5 17
26 Brian Murphy O'Flynn Adult
aka Brian O'Flynn
27 1754 Greenwich Street
San Francisco. CA 94123
28
FIRST AND FINAt, ACCOUNT AND
-6- REPORT OF EXECTJTOR
1 John Mark O'Flynn Adult
1766 Union Street, #E
2 San Francisco, CA 94123
J Terrence Sean O'Flynn Adult
3409 West Del Monico Lane
4 Phoenix, AZ 85051
5 Chelsea O'Flynn Adult
3 Laurel Grove Avenue
6 Kentfield, CA 94904-1 5 17
7 fuley Dylan O'Flynn Adult
3 Laurel Grove Avenue
8
Kentfield, CA 94904-1517
9
No advance distributions have been made.
10
16. Statutory Fees: Petitioner hereby waives statutory fees in the amount of $7,762.66 to
11
which he is entitled as Executor
l2 to petitioner and to the estate
Prenovost, Normandin, Dawe & Rocha has rendered services
13
and the statutory fee provided by law for such services is the sum of $7,762.66rwhich has not been
14
paid. Petitioner should be authorizedto pay said attomey that sum in discharge of the statutory fee.
15
The amount of the estate accounted for is set forth and said ordinary fees and commissions
16
are computed pursuant to Probate Code Section 10800 as follows:
17
STATUTORY FEES & COMMISSION
18
INVENTORY & APPRAISAL $ 191,703.25
t9
Plus Receipts + 9,845.10
20 Plus Gains on Sales + 36.584.93
2l TOTAL ESTATE VALUE FOR FEES $ 238,133.28
22 4Yo onthe first $100,000.00 $ 4,000.00
3o/o onthe next $100,000.00 $ 3,000.00
23 2o/o onthe next $38,133.28 $ 762.66
24 TOTAL FEE S 7,762,66
25 17. Extraordinary Services: No extraordinary services have been rendered to the Estate
26 for which compensation is being sought.
27
28
FIRST AND FINAL ACCOI.INT AND
-7- REPORT OFEXECUTOR
1 18. Closing Expenses: Petitioner does not request a reserve as he is the trustee of'the
2 decedent's trust which is the sole beneficiary of the estate and as such will pay any additional
J expenses related to closing the estate, ifnecessary.
4 19. Requcsts for Special Notice: No one has filed a request for special notice.
5 20. Notice to Director of Health Services per Probate Code Section 9202(a): Notice of
6 this ploceeding with a copy of decedent's death certiflcate and Letters of Administration was mailed
7 to the Director of Health Care Services on January 21,2021 as required by Probate Code Section
8 with this Court on February 23,202L
9202(a). Said Notice was filed A letter from the Director of
9
Healtl-r Care Services dated February 17.2021, that the department will not file a claim in this
10
proceeding was received and is attached to this petition as Exhibit "3".
11
21. Probate Code Section 9202(b) Statement: No notice has been given to the Director
t2
of Victim Compensation and Governrnent Claims Board to pllrsue the collection of any outstanding
13
restitution fines or orders pursuant to Probate Code Section216 fbr the reason that there were no
t4
beneficiaries under the Will of the decedent nor any heirs at law confined in a prison or facility under
l5
the jurisdiction of the Department of Corrections or the Department of the Youth Authority or
t6
confined in any county or city jail, road camp, industrial f-arm, or other local colrectional facility.
t7
22. Notice to Franchise Tax Board per Probate Code Section 9202(c): Notice of this
18
proceeding with a copy o{'tlie decedent's death certificate and Letters of Administration was mailed
19
to the Franchise Tax Board on January 21,2021as required by Probate Code Section9202(c). Said
20
Notice was filed with this Court on F-ebruary 23,2021.
21
23. Other than taxes or creditor claims addressed in this petition, petitioner has no reason
22
to believe that any public entities listed in Probate Code $9201 have ar"rybasis for rnaking a claim
23
against the estate.
24
24. Probate Code 1063 Statement: There are no known liabilities of this estate except for
25
f'ees not yet approved by this court.
26
25. Probate Code Section 1064 Staternent: There was no compensation paid from the
27
assets subiect to this estate to the fiduciary or to the fidurciary's attorney during this account period.
28
F'IRST AND FINAL ACCOUN'| AND
-8- REPORT OF'EXECUTOR
1 Further, during the period of this administration Petitioner has not engaged the services of
2 anyone related to him by blood or mariage or anyone with an affiliate relationship with Petitioner.
J A11 sales, purchases, changes in form of assets, or other transactions occurring during the
4 period of administration are set forth in the above paragraphs and a Change in Investments Schedule
5 is part ofthe accounting attached hereto.
6 26. Discharge of Executor: Petitioner requests, upon the filing of proper Receipts and an
7 Ex Parle Petition for Final Discharge and Order, that he be discharged as Executor of the Estate of
8
KAY MURPHY-O'FLYNN, aka KATHARINE LORETTA MURPHY-O'FLYNN, aka
9
KATHARINE MURPHY-O' FLYNN.
10
WHEREFORE, petitioner prays for an order of this couft that:
11
1. The administration of this estate be brought to a close;
I2
2. The Executor has in his possession belonging to the estate, after deducting credits to
13
which he is entitled, a balance at the appraised value of $231,742.29, all of which is in cash for the
14
period of March 19,2017 to February 10,2022. The First and Final Repofi, Account, and Petition of
15
the Executor be settled, allowed, and approved as filed.
16
3. All acts and transactions and proceedings reporled to the court in the First and Final
17
Account and Report of Petitioner as Executor be confirmed and approved.
18
4. The Executor be allowed to waive his statutory commission in the amount of
19
$7,762.66 for his services to this estate;
20
5. Executor be authorized and directed to pay to Prenovost, Notmandin, Dawe & Rocha
21
the sum of $7,762.66 as the statutory fees for her services to petitioner and this estate;
22
6. Distribution of the estate of decedent in Executor's hands be made to the entity
23
entitled to it as follows:
24
25
il
26
il
27
28
FIRST AND FINAL ACCOLINT AND
-9- REPORT OF EXECUTOR
I NAME & ADDRESS ACE RELATIONSHIP SI.IARI]
2 Brian Murphy O'Flynn Adult Son, Exectttor, and 100% of estate
'l'rurstee
aka Bt'ian O'Flynn o['decedent's'ft'ust consisting of caslr
3 'frustee ol'the Kay irr the amount of $223,979.(r3
Murphy-O' Flynn Revocablc
4 'l'rust dated May 14,2004
1754 Greenwich Strect
5 Sarr Francisco, CA 94123
6 7. Distributiolt of any other property ol'deoedent or estate not now known or hereafter
7
discovered be ntade to Brian Murphy 0'Flynrr aka Brian O'Flyn as Trustee of the Kay Murphy-
8
O'F lynn Revocable Trust. without fiuther court order;
9
8. "fhat Executor be entitled to discharge upon the liling of receipt of distributee and an
l0 Ex Parte Petition for Final Discharge and Order; and
ll SLrch ll be rnade as thc CoLrrl considers proper.
t2 31731202
1pry
l3 Brlan Murphy O'Fty
1
Ilrian O'FIynn, Petitioner
I
16
t7 VERIFICATION
t8 S'I'ATE OF CALIFORNIA, COLINTY OF ORANCE
t9 I arn the Petitioner in the above entitled actiorl. I have read the foregoing First arrd Final
20 Reporl of Executor and know its contents. It istrr"reof nry own knowledge, except as to the matters
2t that are stated in it on n1y owu inlbrnration and belief, and as to those matters, I believe it to be true.
22 I declare under perralty of perjury under the laws of the State of California that the foregoing
23 is true and correct. Execr.rteclthis 13 oay of M 3 [Ch .2022, at San liraucisco.
24 Califirrnia.
25
Brian Murphy O'Fl
26 llrian O' l;lynn. I)etitiorrer
27
FIRS'T AND FINAt, AC]COTJNT AND
28 REPOI(T OF EXECI.]TOR
/p(a)
Petition only- for signature
FinalAudit Report 2022-03-14
Created: 2022-03-12
By: Andrea Patton (apatton@thepattonlawfirm.com)
Status: Signed
lD:
l'ransaction CBJCHBCAABAARVI0qfIOsGFRNMTpEk3L0JCPxCIYVOZB
"Petition only- for signature" History
Document created by Andrea Patton (apatton@thepattonlawfirm.com)
2022-03-12- 10:11:40 PM GMT- lP address:99.'1 14.165.64
Document emailed to Brian Murphy O'Flynn (bmof123@gmail.com) for signature
2022-03-12- 10.12:32 PM GMT
Emailviewed by Brian Murphy O'Flynn (bmof123@gmail.com)
2022-03-13 - 9:18:21 Plt/ GMT- lP address:
66.249.84.223
r,'';-. Document e-signed by Brian Murphy O'Flynn (bmof'l23@gmail.com)
Signature Dale.2022-03-14- 3.27:01PM GMT - Time Source: server- lP address:
73.223.165.134
: Agreement completed.
2022-03-14 - 3:27:01
PM GMT
toU)
S naoue sisn
EXHIBIT 1
EXHIBIT 1
EXHIBIT 1
/l
ffiANK ffiFAMERficn,sa,:;j $witch to
: papcrless at
haIkofancrico,conr
P.0, tsox I5pB4
lVihnington,
DE 1()8fi0
Custsyner serv*ee information
rtjtrl, t[,llil ti,til h ttril
It, tltil HtililtrtBtil
ttth itl,il r, tt,
Customer service:'1.800.432..l000
AH 0218 0 4S5 705 18688 #@01 AB 0.46t.
En Espafr ol: 1.800.688.6086
ESTATE OF KAY MUI1PHY'O'FLYNN
BRIAN M OFLYNN EXE ban lbt *1 fi1044.a,,., Sh-r{
b,;m'i;;ff,,xZ,
^z
1g,olAr,,,., af rcl:;- # ?d?. tv
^u/
i:i4:i' 1r.11 iili1.r1'1;yy i {;1!111;_r;
Pursue your goals with confldence
Make more rnformecr cjecisions with *asy-to-Llse
tool:; from Better Money tlabits
. Tackle flrrarrcial stress.
'Flncl rrays to save.
" Get irrfornratiolr and ideas on a varlcrty of rroney-relatecl topics.
Get started todav at
BetterMoneyHabits.com.
la-
EXHIBTT 2
EXHIBIT 2
EXHIBIT 2
t3
:
n
r
FI
2
{
rHil Ut
-t
D
#BUJNlCl,tlM EEg -l
m
liltllhtrlltllll,l;lll',lllllllllllll,,l,fglillhlllt,rthh'.ll HH -lfl
AV 01. 0071.59 846801 30 ct*5DGT 000000 3c) -{
BBIAN OFLYNN EXEC to
.E
E57 OF KATI'{ARINE MURPHY OFLYNN ;o
Po Box 470156 o
sAN FRAhlcrsco cA 94147-0156
p
2
t
-E
z *
I
t'g
t
a$
90
l\)
(}
N
f\)
Preview
I Andrea R. Patton (SB # 204512) DEPARTMENT: 204 Hearing: 06/29/2022 9:00 am Prenovost, Nonnandin, Dawe & Rocha 2 2122 North Broadway, Suite 200 ELECTRONICALLY Santa Ana. CA 92706 a J F I L E D Superior Court of California, Tele (714) 547-2444 County of San Francisco 4 Fax (714) 83s-2889 03/14/2022 5 Attorney for Execntor, Brian O'Flynr-r Clerk of the Court BY: CARLOS MURILLO Deputy Clerk 6 7 8 SUPERIOR COURT OF THE STA'IE OF CALIF'ORNIA 9 FOR THE COUNTY OF SAN FRANCISCO 10 l1 I'lstate of: ) CASE NO. PES-20-304006 12 ) KAY MURPHY-O'FLYNN, aka ) F'IRST AND FINAL ACCOUNT AND REPORT 13 KATHARINE LORETTA MURPFIY. ) OF EXECUTOR, PETITION FOR ITS O'F I-YNN, aka KATHARINE, ) SETTLEMENT, F'OR WAIVER OF 14 MURPI-IY-O'FLYNN, ) STATUTORY EXECUTOR'S COMMISSIONS, ) AppRovAL oF srATt.rroRY ATTORNEYS', 1-5 ) FEES, AND PETITION FOR FINAL Decedent. ) DISTRIBUTION AND DISCHARGE OF 16 ) EXECUTOR 17 Petitioner, Brian O'Flynn, as Executor of the Will of the above-named decedent alleges: 18 1. Date of Death ar-rdResidence: KAY MURPHY-O'FLYNN, aka KATHARINE t9 LORETTA MURPHY-O'FLYNN, aka KAI'HARINE MURPHY-O'FLYNN, died on Maroh 19, 20 2077 , in the County of San Francisco, State of California and was at the time of her death a resident 21 of San Francisco County, California. 22 2. Decedent Died Testate: Decedent's Will dated May 14,2004 and the Codicil z-t dated March 23,2070 were adrnitted to Probate by Order for Probate filed with this Courl on 24 Decenrber 30,2020. Petitioner qualified as Executor when Letters Testamentary were issued to 25 petitioner on.Tanuary 11,2021. At all times since then, Petitioner has been and now is the Executor 26 of the decedent's estate. 27 28 FIRST AND FINAL ACCOUNT AND REPORT OF EXECUTOR i 3. Administration Under the Independent Administration of Estates Act: On 2 December 30,2020, petitioner was granted authority to administer the estate under limited authority. 3 Petitioner qualified as Executor on January 11 ,2021 when Letters Testamentary were issued. 4 Petitioner's authority to so adn'rinister the estate has not been revoked. Decedent's Will and Codicil 5 were admitted to probate by order of this court on Decernber 30,2020. 6 4. Independent Actions'faken Without Notice of Proposed Action: Petitioner took the 7 lbllowing actions without court supervision and without sending notice of proposed action pursuant 8 to Probate Code Section 10252((b) as fbllows: 9 A. On or about June 28, 2021, the 635 shares of Public Storage stock were sold for 10 $176,600.25. This stock is listed on Attachment Two, as Item I on the Final Inventory and 1l Appraisal filed with this Court on June 17,2021. with a date of death value of $141,506.58 plus an t2 accrued dividend in the amount of $ 1,270 as reflected on the Property on Hand Schedule for a total 13 ol$142.776.58. The net proceeds f}om this sale and the accrued interest in the amount of $1,270 t4 have been deposited into the estate checking aocourrt and are reflected in the property on hand listed 15 fbr distribution in paragraph l4 herein. Further, this asset has been removed from the Estate on 16 Hand. Thissalerepresentsagainonsaleof$35,093.67asreflectedonScheduleB-GainonSale 17 and on Scl-redule F - Changes in Investments attached hereto. See pages 10 and 17 of the accounting. 18 B. On or about September 17,2021, the 3,717.15 shares of Putnam CA Tax Exempt Inc t9 A Borrd were sold for $3 1 ,143.22. These assets are listed on Attachment Two, as Item 1 on the 20 Partial No. One Inventory and Appraisal flled with this Court on .Iune ll ,2021, with a date of death 2t value of $28,509.26 plus an accrued dividend in the amount of $47.19 as reflected on the Property on 22 IlandScheduleforatotalof$28,556.45. Thenetproceedsfromthissaleandtheaccruedinterestin 23 the amount of $47.19 l-rave been deposited into the estate checking account and are reflected in the 24 property on hand listed fbr distribution in paragraph 14 herein. Further, this asset has been removed 25 fionr the Estate on Hand. This sale represents a gain on sale of $1,491 .26 as reflected on Schedule 26 B, Gain on Sale and on Schedule F - Changes in Investments (which also include dividend 27 reinvestments during the period of this account. See pages 10 and 17 of the accounting. 28 FIRST AND F'INAT, ACCOUNT ANT) _1 _ REPORT OF EXECUTOR 1 C. During the period of this accolrnt, the Transamerica Life Insurance Policy payout in 2 the amount of $495.70 has been cleposited into the Bank of America estate bank account. 3 D. During the periocl of this account, the Bank of America account number #***>k2882 4 has been closed and the funds have been dcposited into the Bank of America estate bank account. 5 E. During the period of this account, the TD Ameritrade cash account and the TD 6 Ameritrade Insured Deposit account number 886-6435142have been olosed and the funds have been 7 deposited into the Bank of Arnerica estate bank account. 8 5. Status of Estate: Petitioner has performed all duties required of him as Executor of 9 the estate with respect to the administration of the estate, and the estate is ready for distribution and 10 is in a condition to be closed. All costs of adrninistration incurred to date, including costs of t1 publication, probate referee fees and bond premiums, ifany, have been paid by the Petitioner as the 12 T'rustee of the decedent's trust. No reimbursement is sought fbr said payment. There are no known 13 liabilities of this estate except for commissions and fees not yet approved by this court. The estate is t4 now solvent and sr.rfficient liquid assets are on hand to pay all expenses of the estate. 15 6. Notice of Death: Notice o1'Death has been published for the period and in the 16 marlner prescribed by law, the first publication being made on Novernber 16,2020. Within thirty 17 days after the con-rpletion of publication, that is, on November 30, 2020, a Proof of Publication 18 showing dr,re publication in the manner and form required by law was filed with the clerk of this 19 court. More than fbur months have elapsed since the issuance of Letters. Reasonable efforts were 20 macle to iclentify creditors of the estate, and notice of adrninistration has been sent to all known 21 creditors of the estate. No creditors were identified so, no Notices to Creditors were sent. The time 22 for filing and presenting creditor's claims expired on May 17,2021. 23 7. Creditor's Claims: Petitioner has rnade reasonable efforts to ascertain all creditors of' 24 the Decedent. Petitioner is the son of the decedent and trustee of the decedent's trust and as such 25 was familiar with decedent's flnancial matters, including debts. ln addition to that knowledge, 26 Petitioner made a thorough search of decedent's flnancial records for creditors and monitored all 27 incoming mail. Petitioner believes that all debts of the decedent have been paid. Petitioner fufther 28 F'IRST AND FINAI, ACCOUNT AND -3- REPORT OF EXECTJTOR 1 believes that he has complied with the requirements of the Probate Code and the requirements of the 2 [J.S. Supreme Court as set forth in Tulsa v. Pope, in giving notice to all known and reasonably a J ascertainable creditors. 4 Clairns were filed against the estate as fbllows: 5 DATE NAME OF CLAIMANT NATURE OF CLAIM AMOUNT STATUS 6 05104121 Brian O'Flynn Funeral/Mernorial Expense $837.I 3 Approved, allowed, and paid on02105122 7 8 05104121 Brian O'Flynn Funds provided to Decedent $76,000 Rejected for $76,000 by Judge*r' 9 'I'he court 'r"r' re.jected the submission of the Allowance o1'Creditor's Claim for $76,000 10 relative to funcls provided to the decedent prior to her death lbr assistance with her living expenses 11 filed by Petitioner herein, Brian O'Flynn. Mr. O'Flynn decided not to file a lawsuit to pursue the 12 Creditor's Claim in the amount $76,000. 13 8. Inventorlz: An Inventory ancl Appraisal, Partial No. One, of the estate assets was filed t4 on June 17 .2021 showing the value of estate assets to be $60,879.61 . 15 A Final Inventory and Appraisal was filed on June 17, 2021 showing additional estate assets 16 with a value of $112,776.58. t7 An lnventory and Appraisal, Partial No. Two, of the estate assets showing a value of $493.69 18 will be filed prior to the hearirrg this matter. or-r t9 A Correcting Inventory and Appraisal showing a negative value of <-$12,446.63> will be 20 1'rledprior to the hearir-rg or-r this matter removing three accounts that were later determined to be held 2t in.loint tenancy and therelbre are not assets of this probate estate. 22 Petitioner alleges that such inventories totaling $191,703.25 contain all of the assets of 23 decedent's estate that have come to petitioner's knowledge or into his possession. 24 9. Califolnia and Federal Estate: No f-ederal estate taxes are due as the estate was 25 insufficient to warrant the filing of the same. Because California's death taxes were based on the 26 federal estate death tax cledit and this credit was repealed Ibr estates of decedents dying af\er2004, 27 California does not currently irnpose any death taxes on estates of decedents dying after 2004. 28 F-IIIST AND FINAL ACCOUNT AND -4- REPORT OF EXECUTOR I 10. Income Taxes: All Calilbrnia and Federal personal income taxes due by the estate 2 and the decederrt have been paid thror-rgl-r the decedent's trust estate. a -l 1l. Personal Property Taxes: There are no personal property taxes due and payable by 4 the estate and none have been paid. 5 12. Chalacter of Estate: 'Ihe estate consists entirely of the separate property of the 6 decedent, 7 13. Snmmar), of Account: This account covers the period from decedent's death on 8 March 19,2017 to February 10. 2022 and is attached hereto as Exhibit "4". 'lhis account period 9 exceeds two years, however, the accourrting is or-rly 17 pages with very little activity rnostly 10 consisting of interest and dividends received as well as bank admir"ristration fees and the sale of two i1 assets. Due to the simplicity of the accounting, it is in the estate's best interest and benefit and t2 therefore there is good cause to f-rle the accounting as a first and final accounting. Petitioner has l3 kept all cash in his possession in interest-bearing accounts or other investtnents authorized by law 14 except amounts needed to administer the estate. The Petitioner has ir-r his possession belonging to the l5 cstate. after deducting credits to whioh he is entitled, a balance at the appraised value of t6 $231,742.29, all of which is in cash. Copies of the most current Bank of America and Morgan 17 Stanley estate account statements ending as of February 4,2022 and February 28,2022 respectively l8 u'2". The Bank are attached heleto as Exhibit'o1" and of America statement has been reconciled to t9 tlre accourrt ending date of February 10,2022 to reflect a check that has been written but that have 20 not yet cleared the bank account and the funds fiom the closure o1'a second Morgan Stanley account 2t number 101-l 1 1202-679 deposited afler ending date of the accounting). tl-re 22 Petitioner should be cl-rarged and credited as shown in the following summary of account, 23 which is supported by the schedules incorporated here by leference: 24 CHARGES 25 Amount of inventory and appraisal $ 191,703.25 26 Receipts during accouut period other than 27 principal items (Schedule A) $ 9,845.10 28 FIRST AND FINAL ACCOUNT AND -5- REPOR"I OF EXECUTOR 1 Gains on Sales (Schedule B) $ 36,584.93 2 Total Charges $ 238,133.28 -) CREDITS 1 Disbursements during account period 5 (Schedule C) $ 6,390.99 Property or-rhand (Scliedule E) s 23r^142.29 6 fotal Credits $ 238,133.28 7 8 14. Property on Hand tbr Distribution: Petitioner has the following property remaining on hand lor distribution: 9 Market Value Carr), Value 10 Cash on Hand: $ 231,742.29 $ 231,742.29 1l 12 Less Atton-rey's Fee: - 7.762.66 - 7 ^762.66 13 Property remaining for f)istribution: s 223.919.63 $ 223,979.63 14 15. Name of Beneficiary: Proposed Distribution: The sole devisee and legatee under the 15 decedent's Will and codicil, adn-ritted to probate by this Court on December 30, 2020, ar-rd the portion l6 of the estate devised and bequeathed is as fbllows: 17 NAME & ADDRESS AGE RELATIONSHIP SHARE 18 Brian Murphy O'Flynn Adult Son, Executor, and 100% of estate aka Brian O'Flynn Trustee of decedent's Trust consisting of cash 19 Trustee of the Kay in the amount Murphy-O' Flynn Revocable of 5223.979.63 20 Trtrst dated May 14,2004 1754 Greenwich Street 21 San Francisco, CA 94123 22 The names and address of trust beneficiaries are as follows and they will receive notice and a L-) copy of tliis petition as follows: 24 Gregory Josepl-r O'Flynn Adult 3 l,aurel Grove Avenue 25 I(entfi eld. CA 94904-1 5 17 26 Brian Murphy O'Flynn Adult aka Brian O'Flynn 27 1754 Greenwich Street San Francisco. CA 94123 28 FIRST AND FINAt, ACCOUNT AND -6- REPORT OF EXECTJTOR 1 John Mark O'Flynn Adult 1766 Union Street, #E 2 San Francisco, CA 94123 J Terrence Sean O'Flynn Adult 3409 West Del Monico Lane 4 Phoenix, AZ 85051 5 Chelsea O'Flynn Adult 3 Laurel Grove Avenue 6 Kentfield, CA 94904-1 5 17 7 fuley Dylan O'Flynn Adult 3 Laurel Grove Avenue 8 Kentfield, CA 94904-1517 9 No advance distributions have been made. 10 16. Statutory Fees: Petitioner hereby waives statutory fees in the amount of $7,762.66 to 11 which he is entitled as Executor l2 to petitioner and to the estate Prenovost, Normandin, Dawe & Rocha has rendered services 13 and the statutory fee provided by law for such services is the sum of $7,762.66rwhich has not been 14 paid. Petitioner should be authorizedto pay said attomey that sum in discharge of the statutory fee. 15 The amount of the estate accounted for is set forth and said ordinary fees and commissions 16 are computed pursuant to Probate Code Section 10800 as follows: 17 STATUTORY FEES & COMMISSION 18 INVENTORY & APPRAISAL $ 191,703.25 t9 Plus Receipts + 9,845.10 20 Plus Gains on Sales + 36.584.93 2l TOTAL ESTATE VALUE FOR FEES $ 238,133.28 22 4Yo onthe first $100,000.00 $ 4,000.00 3o/o onthe next $100,000.00 $ 3,000.00 23 2o/o onthe next $38,133.28 $ 762.66 24 TOTAL FEE S 7,762,66 25 17. Extraordinary Services: No extraordinary services have been rendered to the Estate 26 for which compensation is being sought. 27 28 FIRST AND FINAL ACCOI.INT AND -7- REPORT OFEXECUTOR 1 18. Closing Expenses: Petitioner does not request a reserve as he is the trustee of'the 2 decedent's trust which is the sole beneficiary of the estate and as such will pay any additional J expenses related to closing the estate, ifnecessary. 4 19. Requcsts for Special Notice: No one has filed a request for special notice. 5 20. Notice to Director of Health Services per Probate Code Section 9202(a): Notice of 6 this ploceeding with a copy of decedent's death certiflcate and Letters of Administration was mailed 7 to the Director of Health Care Services on January 21,2021 as required by Probate Code Section 8 with this Court on February 23,202L 9202(a). Said Notice was filed A letter from the Director of 9 Healtl-r Care Services dated February 17.2021, that the department will not file a claim in this 10 proceeding was received and is attached to this petition as Exhibit "3". 11 21. Probate Code Section 9202(b) Statement: No notice has been given to the Director t2 of Victim Compensation and Governrnent Claims Board to pllrsue the collection of any outstanding 13 restitution fines or orders pursuant to Probate Code Section216 fbr the reason that there were no t4 beneficiaries under the Will of the decedent nor any heirs at law confined in a prison or facility under l5 the jurisdiction of the Department of Corrections or the Department of the Youth Authority or t6 confined in any county or city jail, road camp, industrial f-arm, or other local colrectional facility. t7 22. Notice to Franchise Tax Board per Probate Code Section 9202(c): Notice of this 18 proceeding with a copy o{'tlie decedent's death certificate and Letters of Administration was mailed 19 to the Franchise Tax Board on January 21,2021as required by Probate Code Section9202(c). Said 20 Notice was filed with this Court on F-ebruary 23,2021. 21 23. Other than taxes or creditor claims addressed in this petition, petitioner has no reason 22 to believe that any public entities listed in Probate Code $9201 have ar"rybasis for rnaking a claim 23 against the estate. 24 24. Probate Code 1063 Statement: There are no known liabilities of this estate except for 25 f'ees not yet approved by this court. 26 25. Probate Code Section 1064 Staternent: There was no compensation paid from the 27 assets subiect to this estate to the fiduciary or to the fidurciary's attorney during this account period. 28 F'IRST AND FINAL ACCOUN'| AND -8- REPORT OF'EXECUTOR 1 Further, during the period of this administration Petitioner has not engaged the services of 2 anyone related to him by blood or mariage or anyone with an affiliate relationship with Petitioner. J A11 sales, purchases, changes in form of assets, or other transactions occurring during the 4 period of administration are set forth in the above paragraphs and a Change in Investments Schedule 5 is part ofthe accounting attached hereto. 6 26. Discharge of Executor: Petitioner requests, upon the filing of proper Receipts and an 7 Ex Parle Petition for Final Discharge and Order, that he be discharged as Executor of the Estate of 8 KAY MURPHY-O'FLYNN, aka KATHARINE LORETTA MURPHY-O'FLYNN, aka 9 KATHARINE MURPHY-O' FLYNN. 10 WHEREFORE, petitioner prays for an order of this couft that: 11 1. The administration of this estate be brought to a close; I2 2. The Executor has in his possession belonging to the estate, after deducting credits to 13 which he is entitled, a balance at the appraised value of $231,742.29, all of which is in cash for the 14 period of March 19,2017 to February 10,2022. The First and Final Repofi, Account, and Petition of 15 the Executor be settled, allowed, and approved as filed. 16 3. All acts and transactions and proceedings reporled to the court in the First and Final 17 Account and Report of Petitioner as Executor be confirmed and approved. 18 4. The Executor be allowed to waive his statutory commission in the amount of 19 $7,762.66 for his services to this estate; 20 5. Executor be authorized and directed to pay to Prenovost, Notmandin, Dawe & Rocha 21 the sum of $7,762.66 as the statutory fees for her services to petitioner and this estate; 22 6. Distribution of the estate of decedent in Executor's hands be made to the entity 23 entitled to it as follows: 24 25 il 26 il 27 28 FIRST AND FINAL ACCOLINT AND -9- REPORT OF EXECUTOR I NAME & ADDRESS ACE RELATIONSHIP SI.IARI] 2 Brian Murphy O'Flynn Adult Son, Exectttor, and 100% of estate 'l'rurstee aka Bt'ian O'Flynn o['decedent's'ft'ust consisting of caslr 3 'frustee ol'the Kay irr the amount of $223,979.(r3 Murphy-O' Flynn Revocablc 4 'l'rust dated May 14,2004 1754 Greenwich Strect 5 Sarr Francisco, CA 94123 6 7. Distributiolt of any other property ol'deoedent or estate not now known or hereafter 7 discovered be ntade to Brian Murphy 0'Flynrr aka Brian O'Flyn as Trustee of the Kay Murphy- 8 O'F lynn Revocable Trust. without fiuther court order; 9 8. "fhat Executor be entitled to discharge upon the liling of receipt of distributee and an l0 Ex Parte Petition for Final Discharge and Order; and ll SLrch ll be rnade as thc CoLrrl considers proper. t2 31731202 1pry l3 Brlan Murphy O'Fty 1 Ilrian O'FIynn, Petitioner I 16 t7 VERIFICATION t8 S'I'ATE OF CALIFORNIA, COLINTY OF ORANCE t9 I arn the Petitioner in the above entitled actiorl. I have read the foregoing First arrd Final 20 Reporl of Executor and know its contents. It istrr"reof nry own knowledge, except as to the matters 2t that are stated in it on n1y owu inlbrnration and belief, and as to those matters, I believe it to be true. 22 I declare under perralty of perjury under the laws of the State of California that the foregoing 23 is true and correct. Execr.rteclthis 13 oay of M 3 [Ch .2022, at San liraucisco. 24 Califirrnia. 25 Brian Murphy O'Fl 26 llrian O' l;lynn. I)etitiorrer 27 FIRS'T AND FINAt, AC]COTJNT AND 28 REPOI(T OF EXECI.]TOR /p(a) Petition only- for signature FinalAudit Report 2022-03-14 Created: 2022-03-12 By: Andrea Patton (apatton@thepattonlawfirm.com) Status: Signed lD: l'ransaction CBJCHBCAABAARVI0qfIOsGFRNMTpEk3L0JCPxCIYVOZB "Petition only- for signature" History Document created by Andrea Patton (apatton@thepattonlawfirm.com) 2022-03-12- 10:11:40 PM GMT- lP address:99.'1 14.165.64 Document emailed to Brian Murphy O'Flynn (bmof123@gmail.com) for signature 2022-03-12- 10.12:32 PM GMT Emailviewed by Brian Murphy O'Flynn (bmof123@gmail.com) 2022-03-13 - 9:18:21 Plt/ GMT- lP address: 66.249.84.223 r,'';-. Document e-signed by Brian Murphy O'Flynn (bmof'l23@gmail.com) Signature Dale.2022-03-14- 3.27:01PM GMT - Time Source: server- lP address: 73.223.165.134 : Agreement completed. 2022-03-14 - 3:27:01 PM GMT toU) S naoue sisn EXHIBIT 1 EXHIBIT 1 EXHIBIT 1 /l ffiANK ffiFAMERficn,sa,:;j $witch to : papcrless at haIkofancrico,conr P.0, tsox I5pB4 lVihnington, DE 1()8fi0 Custsyner serv*ee information rtjtrl, t[,llil ti,til h ttril It, tltil HtililtrtBtil ttth itl,il r, tt, Customer service:'1.800.432..l000 AH 0218 0 4S5 705 18688 #@01 AB 0.46t. En Espafr ol: 1.800.688.6086 ESTATE OF KAY MUI1PHY'O'FLYNN BRIAN M OFLYNN EXE ban lbt *1 fi1044.a,,., Sh-r{ b,;m'i;;ff,,xZ, ^z 1g,olAr,,,., af rcl:;- # ?d?. tv ^u/ i:i4:i' 1r.11 iili1.r1'1;yy i {;1!111;_r; Pursue your goals with confldence Make more rnformecr cjecisions with *asy-to-Llse tool:; from Better Money tlabits . Tackle flrrarrcial stress. 'Flncl rrays to save. " Get irrfornratiolr and ideas on a varlcrty of rroney-relatecl topics. Get started todav at BetterMoneyHabits.com. la- EXHIBTT 2 EXHIBIT 2 EXHIBIT 2 t3 : n r FI 2 { rHil Ut -t D #BUJNlCl,tlM EEg -l m liltllhtrlltllll,l;lll',lllllllllllll,,l,fglillhlllt,rthh'.ll HH -lfl AV 01. 0071.59 846801 30 ct*5DGT 000000 3c) -{ BBIAN OFLYNN EXEC to .E E57 OF KATI'{ARINE MURPHY OFLYNN ;o Po Box 470156 o sAN FRAhlcrsco cA 94147-0156 p 2 t -E z * I t'g t a$ 90 l\) (} N f\)