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1 MICHAEL E. FREEDMAN 122446
FREEDMAN LAW FIRM
2 580 California Street, Suite 1200 ELECTRONICALLY
San Francisco, California 94104
3 Telephone: (415) 777-1666 F I L E D
Facsimile: (415) 777-1699 Superior Court of California,
County of San Francisco
4 michael@freedmanlawfirm.com
Attorneys for Contestant 05/05/2022
5 Albert Chong Clerk of the Court
BY: MICHAEL RAYRAY
Deputy Clerk
6
7
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO
11 IN RE: ESTATE OF ) Case No.: PES-22-305122
)
12 SHIRLEY S.M. CHONG ) WILL CONTEST AND GROUNDS OF
) OPPOSITION TO PROBATE OF
13 Deceased. ) PURPORTED WILL OF DECEDENT,
)
14 ) PETITION TO PRODUCE ORIGINAL
) LODGED WILL TO HANDWRITING
15 ) EXPERT
)
16 )
)
17 ) Date: May 18, 2022
)
18 ) Time: 9:00 a.m.
) Dept: 204
19 )
)
20 )
)
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22 ALBERT CHONG, hereafter referred to as contestant, alleges:
23 1. Contestant, ALBERT CHONG is the son decedent, SHIRLEY S.M. CHONG,
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hereafter referred to as the decedent; the contestant is interested in the estate of the decedent as the
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beneficiary of the residue of the decedent’s Trust, the Shirley S.M. Chong 2016 Trust .
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2. The decedent died on October 16, 2021, and was at the time of death a domiciliary
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28 of San Francisco County, California.
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 3. Contestant alleges that the decedent left surviving as her heirs the following:
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Name Age Relationship Residence
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Albert Chong Adult Son 137 Marview Way
4 San Francisco, CA 94131
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Dolores Chong Adult Daughter 3056 Castro Valley Blvd.
6 Castro Valley, CA 94546
7 William Chong Adult Son 457-459 Monterey Blvd.
San Francisco, CA 94127
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4. The assets in the Estate of SHIRLEY S.M. CHONG consist of personal property of
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11 an unknown amount but at least $25,000, that is likely on deposit in a bank account held in the
12 name of decedent, as well as tangible personal property. The beneficiary of the decedent’s personal
13 property is the Trustee of the Shirley Chong 2016 Trust. (Attached hereto as Exhibit “A” is a true
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and correct copy of the Shirley Chong 2016 Trust.)
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5. Shirley S.M. Chong and Jack K. Chong established a living trust on June 25, 1991.
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17 The 1991 Trust was restated by Settlors Shirley S.M. Chong and Jack K. Chong on August 3, 2010.
18 6. On September 13, 2012, the Settlors amended the Restatement of Trust, known as
19 the 7th Amendment. (Attached hereto as Exhibit “B” is a true and correct copy of the 7th
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Amendment to Trust.)
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7. According to the 7th Amendment the Settlors declared that they made two inter-
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23 vivos gifts. The Settlors gifted certain real property known as 457-459 Monterey Blvd., San
24 Francisco, CA to William Chong and his spouse Cindy Chong in exchange for a promissory note
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of $600,000. The promissory note was subsequently gifted by Shirley S.M. Chong to William
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Chong in 2013, (thus extinguishing the note.) The Settlors gifted certain real property known as
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28 835 Liberty Road, Petaluma, CA to Albert Chong and his spouse Xue Jun Chong in exchange for a
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 promissory note of $550,000. The promissory note was subsequently gifted by Shirley S.M. Chong
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to Albert Chong in 2013, (thus extinguishing the note).
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8. Further the 7th Amendment provided for the following default distributions upon the
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death of the surviving spouse if the surviving spouse fails to exercise the power of appointment:
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6 1) $1,000 to Steven Chong (grandson).
7 2) 4781 Matterhorn Way, Antioch, CA to William Chong. (This property was the
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Settlors residence)
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3) 137 Marview Way, San Francisco, CA to Albert Chong.
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11 4) 697-699 Monterey Blvd., San Francisco, CA to Dolores Chong. (Property was sold.)
12 5) The promissory note on 457-459 Monterey Blvd., San Francisco, CA ($600,000) to
13 William Chong.
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6) The promissory note on 835 Liberty Road, Petaluma, CA ($550,000) to Albert
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Chong.
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17 7) 283-285-287-289 Bartlett Street, San Francisco, CA in Trust for the benefit of
18 grandchildren of Settlors who are: Jonathan A. Chong, adult, Annie Lei Chong,
19 adult, (children of Albert Chong), Sophia Chong, a minor, Susan Chong, a minor,
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Peter Chong, a minor (children of William Chong), except Steven Siu Chong
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(special needs child of Albert Chong), Dolores Chong, Trustee, known as the SF
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23 Legacy Trust.
24 8) 15% of the residue to Settlors’ grandson Jonathan Chong.
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9) 15% of residue to Settlors’ granddaughter Annie Lei Chong.
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10) 15% of the residue to Settlors’ granddaughter Sophia Chong.
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28 11) 15% of the residue to Settlors’ granddaughter Susan Chong.
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 12) 15% of the residue to Settlors’ grandson Peter Chong.
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13) 25% of the residue to Dolores Chong.
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9. Jack K. Chong died on July 18, 2013.
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10. After the death of Jack K. Chong, Shirley S.M. Chong made inter vivos gifts of real
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6 property and cash to her family. The gifts include the following: In 2013, Shirley gifted the
7 promissory note of $600,000 to William Chong and the note of $550,000 to Albert Chong. In 2013
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Shirley gifted $120,000 to Xue Jun Chong. In 2013 Shirley gifted 137 Marview Way, San
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Francisco, CA to Albert Chong. In 2013 Shirley gifted $80,000 each to her grandchildren
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11 Jonathan, Annie, Peter and Sophia. In 2018, Shirley sold 4781 Matterhorn Way, Antioch, CA and
12 in 2020, Shirley gifted the proceeds of the sale of 4781 Matterhorn to William Chong. In 2018
13 Shirley gifted to Albert and Xue Jun Chong approximately $486,120 as a down payment for the
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purchase to two real properties located at 1484 and 1496 Pacific Ave., San Leandro, CA. (The two
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“Pacific Ave.” real properties were purchased by Shirley S.M. Chong, Albert Chong and Xue Jun
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17 Chong. In 2018, Albert Chong and Xue Jun Chong paid off the first mortgage in full on the two
18 “Pacific Ave.” real properties, and in exchange Shirley S.M. Chong transferred her interest in the
19 two “Pacific Ave.” real properties to Albert Chong and Xue Jun Chong.) Contestant is informed
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and believes and on such information and belief alleges that Shirley gifted 697-699 Monterey
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Blvd., San Francisco, CA to Dolores Chong.
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23 11. Thus, presently, the Trust retains only 283-285-287-289 Bartlett Street, San
24 Francisco, CA in Trust for the benefit of the grandchildren of the Settlors. No other known asset is
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funded to the Trust.
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12. On or about January 8, 2014, Shirley met with her lawyer and estate planning
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28 attorney, Connie J. Yi, and executed the 8th Amendment to the Trust. The 8th Amendment provided
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 that the real property at 4718 Matterhorn Way, Antioch, CA would be distributed upon her death to
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William Chong. Further, the 8th Amendment named Xue Jun Chong first successor Trustee.
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13. On or about October 4, 2016, Shirley met with her lawyer and estate planning
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attorney, Connie J. Yi, and executed the Shirley Chong 2016 Trust. The Shirley Chong 2016 Trust
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6 provided that upon Shirley’s death the remaining income and principal of the trust shall be
7 distributed to Albert Chong. The 2016 Trust named Albert Chong the successor trustee. The 2016
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Trust specifically listed real property at 1496 Pacific Avenue, San Leandro, CA, which was
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transferred by grant deed to Albert Chong and Xue Jun Chong in 2018. Shirley always enjoyed a
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11 loving and close relationship with Albert and Xue Jun and their family. For example, in 2016,
12 Shirley took Albert and Xue Jun and family on a two-week European cruise.
13 14. From approximately 1990, Shirley was living at her home at 4718 Matterhorn,
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Antioch, CA with her spouse Jack Chong. Shirley continued to reside at 4718 Matterhorn,
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Antioch, CA until early 2017 when she suffered from a stroke. Shirley was briefly hospitalized and
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17 received rehabilitation at Kindred Nursing Home. Upon her discharge from Kindred Nursing
18 Home, Shirley required assistance with her ADLs and she resided with Albert and Xue Jun Chong
19 at Marview Way, San Francisco, CA. Following her stay with Albert and Xue Jun, Shirley moved
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to 457 459 Monterey Blvd., San Francisco, CA and lived with William and Cindy Chong from
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about May 2017 to December 2018.
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23 15. Shirley then moved back in with Albert and Xue Jun who provided Shirley with in-
24 home care services and assistance with her ADLs. At this time, Shirley was minimally ambulatory
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and required a walker and a wheelchair. Albert and Xue Jun installed a chairlift in their home for
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Shirley, provided Shirley with her own room, prepared meals, helped with personal hygiene
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28 including bathing, helped her dress, did laundry, house cleaning, transportation, shopped for
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 groceries and assisted in and out of chairs and her bed and helped her stay fit.
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16. In February 2020, Shirley moved in with William and Cindy Chong at 457 459
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Monterey Blvd., San Francisco, CA. By 2020, Shirley’s health had declined, and she was more
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dependent on caregivers, unable to walk, and suffered from mental deficits such as decreased
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6 alertness and attention, orientation to time and place, lack of ability to concentrate and process
7 information, decreased short-term and long-term memory and immediate recall, lack of ability to
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communicate clearly, lack of ability to reason logically, plan, organize or act in her own self-
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interest. Shirley’s health was in such decline that in 2020 she was admitted to hospice care.
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11 17. From some time in 2020 until her death on October 16, 2021, William Chong
12 isolated Shirley and prevented Albert and Xue Jun from having contact or communication with
13 Shirley. Contestant is informed and believes and on such information and belief alleges that
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William Chong made persistent disparaging remarks about Albert Chong and Xue Jun Chong to
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Shirley and made false and misleading allegations against Albert and Xue Jun Chong. On or about
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17 March 8, 2021, Shirley purportedly executed an entire 25-page restatement of her 2016 Trust. On
18 the same date, Shirley purportedly executed a last will, a pour over will. Shirley had made inter
19 vivos gifts of her estate assets in 2013, 2016 and 2018, and by March 8, 2021, there were no known
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assets in either Shirley’s Trust or her estate. The Exemption Trust retains only 283-285-287-289
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Bartlett Street, San Francisco, CA in Trust for the benefit of the grandchildren of the Settlors.
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23 18. On or about August 10, 2021, only two months before her death, Shirley purportedly
24 filed a Complaint in San Francisco County Superior Court, Case No.: CGC-21-594404 alleging
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among many other allegations, elder abuse against Xue Jun and Albert Chong. The Complaint was
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unverified, and Xue Jun and Albert Chong filed a denial to the Complaint and alleged various
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28 affirmative defenses. Before any further litigation ensued, Shirley died.
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 19. On February 9, 2022, contestant filed her Petition for Probate of Will of Shirley
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S.M. Chong and for Letters Testamentary and Authorization for Administration Under the
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Independent Administration of Estates Act in the San Francisco County Superior Court. Attached
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to the Petition is the Last Will and Testament of Shirley S.M. Chong, dated January 8, 2014.
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6 20. The will dated January 8, 2014 is a pour over will distributing estate assets to the
7 Trustee of the Shirley S.M. Chong Survivor Trust, (The Shirley Chong 2016 Trust.)
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21. On April 11, 2022, Petitioner William Chong filed a Petition for Probate of a
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purported will of Shirley S.M. Chong dated March 8, 2021, and for Letters Testamentary
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11 appointing William Chong Executor, and Authorization for Administration Under the Independent
12 Administration of Estates Act in the San Francisco County Superior Court. Attached to the Petition
13 is the purported will of Shirley S.M. Chong, date March 8, 2021. The purported will of March 8,
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2021 is a pour over will.
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22. The devisee named in the purported last will offered for probate by Petitioner
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17 William Chong is the following:
18 Name Age Relationship Residence
19 Trustee William Chong Adult Son 457-459 Monterey Blvd.
20 San Francisco, CA 94127
21 23. No other persons than these heirs and devisees are known to be interested in the
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purported will offered for probate by Petitioner William Chong.
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24. Contestant is interested in the administration and distribution of decedent’s estate
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and is entitled to contest the admission of the purported will because he has an interest in
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26 decedent’s estate and that interest would be impaired or defeated by the admission of the purported
27 will for probate.
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25. Probate of the purported will should be denied on the following grounds:
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 I. LACK OF INTENT AND CAPACITY
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26. Contestant is informed and believes and on such information and belief alleges that,
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at the time of the alleged execution of the purported will, decedent was not of sound and disposing
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mind.
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6 27. Contestant is informed and believe and on such information and belief allege that
7 the purported last will and testament offered for probate by Petitioner fails to express present
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testamentary intent to be admitted to probate.
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28. At the time of the execution of the purported will, decedent was suffering from poor
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11 and declining health, confined to the Petitioner’s home, and decedent was suffering from serious
12 medical conditions. Contestant is informed and believes and on such information and belief alleges
13 that, at the time of the execution of the purported will, decedent was on various multiple
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medications, decedent had difficulty eating and decedent’s physical and mental condition was
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severely deteriorated to the point where decedent lacked awareness, lacked the ability to
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17 comprehend, understand, reason, concentrate, plan, recall and communicate. Contestant is
18 informed and believes and on such information and belief alleges that, at the time of the execution
19 of the purported will, decedent’s loss of mental capacity was so complete that she could no longer
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remember her property or the natural objects of her bounty.
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II. UNDUE INFLUENCE
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23 29. Contestant is informed and believes and on such information and belief alleges that
24 the purported last will and testament is not and never was decedent’s will and was made at the time
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of its alleged execution as a result of the undue influence of Petitioner in that:
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a. Petitioner was decedent’s care-giver before decedent’s death and he occupied a
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position of trust and confidence with decedent. During this time, decedent’s health
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progressively worsened and decedent put her trust and confidence in Petitioner.
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 During this time, Petitioner isolated decedent from her close family, in particular,
2 her son Albert Chong’s family.
3 b. During the same period of time, by reason of the relationship of decedent with
4 Petitioner, Petitioner was able to exert control and influence over the mind and
5 actions of decedent to such a point that decedent was no longer capable of
6 exercising her own conviction or desire with regard to her actions or thoughts, but
7 rather, because of the pressure brought on her by Petitioner, both by arguments and
8 entreaty, decedent’s convictions or desires became the convictions or desires
9 imposed on her by Petitioner.
10 30. During this time, while decedent was under Petitioner’s undue influence, Petitioner
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suggested the contents of the document submitted for probate to this court by Petitioner, arranged
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for execution of the document, and caused decedent to execute the document. At the time the
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document was executed, decedent was wholly under the influence of Petitioner and the document
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15 does not represent the free and voluntary act of decedent.
16 III. FINANCIAL ELDER ABUSE (Welf. Inst. Code §15610.30)
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31. Contestant repeats and reincorporates paragraphs 1-30, inclusive, as if set forth
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herein at length.
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20 32. Contestant is the Executor of the prior will dated January 8, 2014 (and the named
21 beneficiary of the will dated January 8, 2014 is Albert Chong the Trustee of the Shirley Chong
22 2016 Trust.) Contestant has standing to bring this Contest because Contestant will benefit by a
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judicial determination that the purported will is invalid.
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33. Shirley S.M. Chong died on October 16, 2021 at the age of 90 years old.
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26 34. At all times relevant to this action, Decedent was an elder who suffered from various
27 limitations that restricted her ability to carry out normal activities or to adequately protect her
28 rights.
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 35. On the date of her death Shirley suffered from various serious medical conditions
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and was on medication. Since 2020, about a year before her death, Shirley had failed to thrive, and
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was admitted to Hospice care.
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36. On March 8, 2021, Shirley was confined to Petitioner’s home, and she was suffering
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6 from heart disease. At the time of the purported execution of the purported will, Contestant is
7 informed and believes and on such information and belief alleges that Decedent was physically
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weak, unable to walk, in pain, on multiple medications, unable to eat, and she lacked awareness,
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she lacked the ability to comprehend, understand, reason, concentrate, plan, recall and
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11 communicate.
12 37. Contestant is informed and believes and on such information and belief alleges that
13 on March 8, 2021, at the time of the purported execution of the purported will, Shirley’s loss of
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mental capacity was so complete that she could no longer remember her property or the natural
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objects of her bounty. She would not have disinherited her son Albert Chong, and had actually
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17 provided inter vivos gifts of her estate to her children including Albert many years before March 8,
18 2021.
19 38. The creation of the purported will and the possession of the purported will occurred
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in secret and in isolation.
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39. The purported will is not, nor was it ever, Decedent’s own conviction or desire.
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23 Rather, the purported will is the wishes of Petitioner William Chong.
24 40. At all times relevant to this action, Petitioner stood in a position of trust to
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Decedent in that Petitioner held himself out as Decedent’s care-giver and assumed a fiduciary
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relationship with her. Petitioner assumed the responsibilities as agent for health care decisions for
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28 Decedent, managed her finances, and managed the personal and financial affairs of Decedent when
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Will Contest and Grounds of Opposition to Probate of Purported Will
1 she was unable to do so.
2
41. Petitioner’s actions, as alleged herein, constitute “financial abuse of an elder or
3
dependent adult,” as described in Welfare & Institutions Code Section 15610.30, amended January
4
1, 2009, which defines financial abuse of elder to include “donative transfer, or testamentary
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6 bequest.”
7 42. The taking, secreting, misappropriating, obtaining or retaining Decedent’s property
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was unlawful. The actions by Petitioner as alleged in this Contest, are an unconscionable and
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despicable fraud upon Decedent. On March 8, 2021, at the time of the purported execution of the
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11 purported will, Decedent was in a weakened physical condition due to heart disease, was on
12 multiple medications, lacked awareness, lacked the ability to comprehend, understand, reason,
13 concentrate, plan, recall and communicate. Petitioner procured an attorney for Decedent, dictated
14
the terms of the will, and was able to exert control and influence over the mind and actions of
15
decedent.
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17 43. Petitioner is guilty of recklessness, oppression, fraud, and malice in the commission
18 of the financial abuse of John as described and alleged in this Contest, as defined in Civil Code
19 §3294 and the Contestants are, therefore, also entitled to recover punitive damages, and treble
20
punitive damages under Civil Code §3345..
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44. Under Welfare and Institutions Code §15657(a), Petitioner is liable for reasonable
22
23 attorney fees and costs, including reasonable fees for the litigation of the Will Contest and Grounds
24 for Opposition to Probate of the Purported Will.
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WHEREFORE, Contestant requests judgment as follows:
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1. That the purported last will and testament be denied probate.
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Will Contest and Grounds of Opposition to Probate of Purported Will
1
VERIFICATION
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I, ALBERT CHONG the undersigned, CONTESTANT in the WILL CONTEST AND
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GROUNDS OF OPPOSITION TO PROBATE OF PURPORTED WILL:
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Declare that:
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7 I have read the foregoing
8 WILL CONTEST AND GROUNDS OF OPPOSITION TO PROBATE OF PURPORTED WILL
OF DECEDENT,
9
PETITION TO PRODUCE ORIGINAL LODGED WILL TO HANDWRITING EXPERT
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and know its contents. It is true of my own knowledge except for the matters that are stated in it on
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information and belief, and regarding those matters I believe them to be true.
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I declare under penalty of perjury under the laws of the State of California that the
13 foregoing is true and correct.
14
Dated: 5/5/2022
15
16 By:
17 ALBERT CHONG
CONTESTANT
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Will Contest and Grounds of Opposition to Probate of Purported Will
EXHIBIT “A”
EXHIBIT “B”
Preview
1 MICHAEL E. FREEDMAN 122446 FREEDMAN LAW FIRM 2 580 California Street, Suite 1200 ELECTRONICALLY San Francisco, California 94104 3 Telephone: (415) 777-1666 F I L E D Facsimile: (415) 777-1699 Superior Court of California, County of San Francisco 4 michael@freedmanlawfirm.com Attorneys for Contestant 05/05/2022 5 Albert Chong Clerk of the Court BY: MICHAEL RAYRAY Deputy Clerk 6 7 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 IN RE: ESTATE OF ) Case No.: PES-22-305122 ) 12 SHIRLEY S.M. CHONG ) WILL CONTEST AND GROUNDS OF ) OPPOSITION TO PROBATE OF 13 Deceased. ) PURPORTED WILL OF DECEDENT, ) 14 ) PETITION TO PRODUCE ORIGINAL ) LODGED WILL TO HANDWRITING 15 ) EXPERT ) 16 ) ) 17 ) Date: May 18, 2022 ) 18 ) Time: 9:00 a.m. ) Dept: 204 19 ) ) 20 ) ) 21 22 ALBERT CHONG, hereafter referred to as contestant, alleges: 23 1. Contestant, ALBERT CHONG is the son decedent, SHIRLEY S.M. CHONG, 24 hereafter referred to as the decedent; the contestant is interested in the estate of the decedent as the 25 beneficiary of the residue of the decedent’s Trust, the Shirley S.M. Chong 2016 Trust . 26 2. The decedent died on October 16, 2021, and was at the time of death a domiciliary 27 28 of San Francisco County, California. -1- Will Contest and Grounds of Opposition to Probate of Purported Will 1 3. Contestant alleges that the decedent left surviving as her heirs the following: 2 Name Age Relationship Residence 3 Albert Chong Adult Son 137 Marview Way 4 San Francisco, CA 94131 5 Dolores Chong Adult Daughter 3056 Castro Valley Blvd. 6 Castro Valley, CA 94546 7 William Chong Adult Son 457-459 Monterey Blvd. San Francisco, CA 94127 8 9 4. The assets in the Estate of SHIRLEY S.M. CHONG consist of personal property of 10 11 an unknown amount but at least $25,000, that is likely on deposit in a bank account held in the 12 name of decedent, as well as tangible personal property. The beneficiary of the decedent’s personal 13 property is the Trustee of the Shirley Chong 2016 Trust. (Attached hereto as Exhibit “A” is a true 14 and correct copy of the Shirley Chong 2016 Trust.) 15 5. Shirley S.M. Chong and Jack K. Chong established a living trust on June 25, 1991. 16 17 The 1991 Trust was restated by Settlors Shirley S.M. Chong and Jack K. Chong on August 3, 2010. 18 6. On September 13, 2012, the Settlors amended the Restatement of Trust, known as 19 the 7th Amendment. (Attached hereto as Exhibit “B” is a true and correct copy of the 7th 20 Amendment to Trust.) 21 7. According to the 7th Amendment the Settlors declared that they made two inter- 22 23 vivos gifts. The Settlors gifted certain real property known as 457-459 Monterey Blvd., San 24 Francisco, CA to William Chong and his spouse Cindy Chong in exchange for a promissory note 25 of $600,000. The promissory note was subsequently gifted by Shirley S.M. Chong to William 26 Chong in 2013, (thus extinguishing the note.) The Settlors gifted certain real property known as 27 28 835 Liberty Road, Petaluma, CA to Albert Chong and his spouse Xue Jun Chong in exchange for a -2- Will Contest and Grounds of Opposition to Probate of Purported Will 1 promissory note of $550,000. The promissory note was subsequently gifted by Shirley S.M. Chong 2 to Albert Chong in 2013, (thus extinguishing the note). 3 8. Further the 7th Amendment provided for the following default distributions upon the 4 death of the surviving spouse if the surviving spouse fails to exercise the power of appointment: 5 6 1) $1,000 to Steven Chong (grandson). 7 2) 4781 Matterhorn Way, Antioch, CA to William Chong. (This property was the 8 Settlors residence) 9 3) 137 Marview Way, San Francisco, CA to Albert Chong. 10 11 4) 697-699 Monterey Blvd., San Francisco, CA to Dolores Chong. (Property was sold.) 12 5) The promissory note on 457-459 Monterey Blvd., San Francisco, CA ($600,000) to 13 William Chong. 14 6) The promissory note on 835 Liberty Road, Petaluma, CA ($550,000) to Albert 15 Chong. 16 17 7) 283-285-287-289 Bartlett Street, San Francisco, CA in Trust for the benefit of 18 grandchildren of Settlors who are: Jonathan A. Chong, adult, Annie Lei Chong, 19 adult, (children of Albert Chong), Sophia Chong, a minor, Susan Chong, a minor, 20 Peter Chong, a minor (children of William Chong), except Steven Siu Chong 21 (special needs child of Albert Chong), Dolores Chong, Trustee, known as the SF 22 23 Legacy Trust. 24 8) 15% of the residue to Settlors’ grandson Jonathan Chong. 25 9) 15% of residue to Settlors’ granddaughter Annie Lei Chong. 26 10) 15% of the residue to Settlors’ granddaughter Sophia Chong. 27 28 11) 15% of the residue to Settlors’ granddaughter Susan Chong. -3- Will Contest and Grounds of Opposition to Probate of Purported Will 1 12) 15% of the residue to Settlors’ grandson Peter Chong. 2 13) 25% of the residue to Dolores Chong. 3 9. Jack K. Chong died on July 18, 2013. 4 10. After the death of Jack K. Chong, Shirley S.M. Chong made inter vivos gifts of real 5 6 property and cash to her family. The gifts include the following: In 2013, Shirley gifted the 7 promissory note of $600,000 to William Chong and the note of $550,000 to Albert Chong. In 2013 8 Shirley gifted $120,000 to Xue Jun Chong. In 2013 Shirley gifted 137 Marview Way, San 9 Francisco, CA to Albert Chong. In 2013 Shirley gifted $80,000 each to her grandchildren 10 11 Jonathan, Annie, Peter and Sophia. In 2018, Shirley sold 4781 Matterhorn Way, Antioch, CA and 12 in 2020, Shirley gifted the proceeds of the sale of 4781 Matterhorn to William Chong. In 2018 13 Shirley gifted to Albert and Xue Jun Chong approximately $486,120 as a down payment for the 14 purchase to two real properties located at 1484 and 1496 Pacific Ave., San Leandro, CA. (The two 15 “Pacific Ave.” real properties were purchased by Shirley S.M. Chong, Albert Chong and Xue Jun 16 17 Chong. In 2018, Albert Chong and Xue Jun Chong paid off the first mortgage in full on the two 18 “Pacific Ave.” real properties, and in exchange Shirley S.M. Chong transferred her interest in the 19 two “Pacific Ave.” real properties to Albert Chong and Xue Jun Chong.) Contestant is informed 20 and believes and on such information and belief alleges that Shirley gifted 697-699 Monterey 21 Blvd., San Francisco, CA to Dolores Chong. 22 23 11. Thus, presently, the Trust retains only 283-285-287-289 Bartlett Street, San 24 Francisco, CA in Trust for the benefit of the grandchildren of the Settlors. No other known asset is 25 funded to the Trust. 26 12. On or about January 8, 2014, Shirley met with her lawyer and estate planning 27 28 attorney, Connie J. Yi, and executed the 8th Amendment to the Trust. The 8th Amendment provided -4- Will Contest and Grounds of Opposition to Probate of Purported Will 1 that the real property at 4718 Matterhorn Way, Antioch, CA would be distributed upon her death to 2 William Chong. Further, the 8th Amendment named Xue Jun Chong first successor Trustee. 3 13. On or about October 4, 2016, Shirley met with her lawyer and estate planning 4 attorney, Connie J. Yi, and executed the Shirley Chong 2016 Trust. The Shirley Chong 2016 Trust 5 6 provided that upon Shirley’s death the remaining income and principal of the trust shall be 7 distributed to Albert Chong. The 2016 Trust named Albert Chong the successor trustee. The 2016 8 Trust specifically listed real property at 1496 Pacific Avenue, San Leandro, CA, which was 9 transferred by grant deed to Albert Chong and Xue Jun Chong in 2018. Shirley always enjoyed a 10 11 loving and close relationship with Albert and Xue Jun and their family. For example, in 2016, 12 Shirley took Albert and Xue Jun and family on a two-week European cruise. 13 14. From approximately 1990, Shirley was living at her home at 4718 Matterhorn, 14 Antioch, CA with her spouse Jack Chong. Shirley continued to reside at 4718 Matterhorn, 15 Antioch, CA until early 2017 when she suffered from a stroke. Shirley was briefly hospitalized and 16 17 received rehabilitation at Kindred Nursing Home. Upon her discharge from Kindred Nursing 18 Home, Shirley required assistance with her ADLs and she resided with Albert and Xue Jun Chong 19 at Marview Way, San Francisco, CA. Following her stay with Albert and Xue Jun, Shirley moved 20 to 457 459 Monterey Blvd., San Francisco, CA and lived with William and Cindy Chong from 21 about May 2017 to December 2018. 22 23 15. Shirley then moved back in with Albert and Xue Jun who provided Shirley with in- 24 home care services and assistance with her ADLs. At this time, Shirley was minimally ambulatory 25 and required a walker and a wheelchair. Albert and Xue Jun installed a chairlift in their home for 26 Shirley, provided Shirley with her own room, prepared meals, helped with personal hygiene 27 28 including bathing, helped her dress, did laundry, house cleaning, transportation, shopped for -5- Will Contest and Grounds of Opposition to Probate of Purported Will 1 groceries and assisted in and out of chairs and her bed and helped her stay fit. 2 16. In February 2020, Shirley moved in with William and Cindy Chong at 457 459 3 Monterey Blvd., San Francisco, CA. By 2020, Shirley’s health had declined, and she was more 4 dependent on caregivers, unable to walk, and suffered from mental deficits such as decreased 5 6 alertness and attention, orientation to time and place, lack of ability to concentrate and process 7 information, decreased short-term and long-term memory and immediate recall, lack of ability to 8 communicate clearly, lack of ability to reason logically, plan, organize or act in her own self- 9 interest. Shirley’s health was in such decline that in 2020 she was admitted to hospice care. 10 11 17. From some time in 2020 until her death on October 16, 2021, William Chong 12 isolated Shirley and prevented Albert and Xue Jun from having contact or communication with 13 Shirley. Contestant is informed and believes and on such information and belief alleges that 14 William Chong made persistent disparaging remarks about Albert Chong and Xue Jun Chong to 15 Shirley and made false and misleading allegations against Albert and Xue Jun Chong. On or about 16 17 March 8, 2021, Shirley purportedly executed an entire 25-page restatement of her 2016 Trust. On 18 the same date, Shirley purportedly executed a last will, a pour over will. Shirley had made inter 19 vivos gifts of her estate assets in 2013, 2016 and 2018, and by March 8, 2021, there were no known 20 assets in either Shirley’s Trust or her estate. The Exemption Trust retains only 283-285-287-289 21 Bartlett Street, San Francisco, CA in Trust for the benefit of the grandchildren of the Settlors. 22 23 18. On or about August 10, 2021, only two months before her death, Shirley purportedly 24 filed a Complaint in San Francisco County Superior Court, Case No.: CGC-21-594404 alleging 25 among many other allegations, elder abuse against Xue Jun and Albert Chong. The Complaint was 26 unverified, and Xue Jun and Albert Chong filed a denial to the Complaint and alleged various 27 28 affirmative defenses. Before any further litigation ensued, Shirley died. -6- Will Contest and Grounds of Opposition to Probate of Purported Will 1 19. On February 9, 2022, contestant filed her Petition for Probate of Will of Shirley 2 S.M. Chong and for Letters Testamentary and Authorization for Administration Under the 3 Independent Administration of Estates Act in the San Francisco County Superior Court. Attached 4 to the Petition is the Last Will and Testament of Shirley S.M. Chong, dated January 8, 2014. 5 6 20. The will dated January 8, 2014 is a pour over will distributing estate assets to the 7 Trustee of the Shirley S.M. Chong Survivor Trust, (The Shirley Chong 2016 Trust.) 8 21. On April 11, 2022, Petitioner William Chong filed a Petition for Probate of a 9 purported will of Shirley S.M. Chong dated March 8, 2021, and for Letters Testamentary 10 11 appointing William Chong Executor, and Authorization for Administration Under the Independent 12 Administration of Estates Act in the San Francisco County Superior Court. Attached to the Petition 13 is the purported will of Shirley S.M. Chong, date March 8, 2021. The purported will of March 8, 14 2021 is a pour over will. 15 22. The devisee named in the purported last will offered for probate by Petitioner 16 17 William Chong is the following: 18 Name Age Relationship Residence 19 Trustee William Chong Adult Son 457-459 Monterey Blvd. 20 San Francisco, CA 94127 21 23. No other persons than these heirs and devisees are known to be interested in the 22 purported will offered for probate by Petitioner William Chong. 23 24. Contestant is interested in the administration and distribution of decedent’s estate 24 and is entitled to contest the admission of the purported will because he has an interest in 25 26 decedent’s estate and that interest would be impaired or defeated by the admission of the purported 27 will for probate. 28 25. Probate of the purported will should be denied on the following grounds: -7- Will Contest and Grounds of Opposition to Probate of Purported Will 1 I. LACK OF INTENT AND CAPACITY 2 26. Contestant is informed and believes and on such information and belief alleges that, 3 at the time of the alleged execution of the purported will, decedent was not of sound and disposing 4 mind. 5 6 27. Contestant is informed and believe and on such information and belief allege that 7 the purported last will and testament offered for probate by Petitioner fails to express present 8 testamentary intent to be admitted to probate. 9 28. At the time of the execution of the purported will, decedent was suffering from poor 10 11 and declining health, confined to the Petitioner’s home, and decedent was suffering from serious 12 medical conditions. Contestant is informed and believes and on such information and belief alleges 13 that, at the time of the execution of the purported will, decedent was on various multiple 14 medications, decedent had difficulty eating and decedent’s physical and mental condition was 15 severely deteriorated to the point where decedent lacked awareness, lacked the ability to 16 17 comprehend, understand, reason, concentrate, plan, recall and communicate. Contestant is 18 informed and believes and on such information and belief alleges that, at the time of the execution 19 of the purported will, decedent’s loss of mental capacity was so complete that she could no longer 20 remember her property or the natural objects of her bounty. 21 II. UNDUE INFLUENCE 22 23 29. Contestant is informed and believes and on such information and belief alleges that 24 the purported last will and testament is not and never was decedent’s will and was made at the time 25 of its alleged execution as a result of the undue influence of Petitioner in that: 26 a. Petitioner was decedent’s care-giver before decedent’s death and he occupied a 27 position of trust and confidence with decedent. During this time, decedent’s health 28 progressively worsened and decedent put her trust and confidence in Petitioner. -8- Will Contest and Grounds of Opposition to Probate of Purported Will 1 During this time, Petitioner isolated decedent from her close family, in particular, 2 her son Albert Chong’s family. 3 b. During the same period of time, by reason of the relationship of decedent with 4 Petitioner, Petitioner was able to exert control and influence over the mind and 5 actions of decedent to such a point that decedent was no longer capable of 6 exercising her own conviction or desire with regard to her actions or thoughts, but 7 rather, because of the pressure brought on her by Petitioner, both by arguments and 8 entreaty, decedent’s convictions or desires became the convictions or desires 9 imposed on her by Petitioner. 10 30. During this time, while decedent was under Petitioner’s undue influence, Petitioner 11 suggested the contents of the document submitted for probate to this court by Petitioner, arranged 12 for execution of the document, and caused decedent to execute the document. At the time the 13 document was executed, decedent was wholly under the influence of Petitioner and the document 14 15 does not represent the free and voluntary act of decedent. 16 III. FINANCIAL ELDER ABUSE (Welf. Inst. Code §15610.30) 17 31. Contestant repeats and reincorporates paragraphs 1-30, inclusive, as if set forth 18 herein at length. 19 20 32. Contestant is the Executor of the prior will dated January 8, 2014 (and the named 21 beneficiary of the will dated January 8, 2014 is Albert Chong the Trustee of the Shirley Chong 22 2016 Trust.) Contestant has standing to bring this Contest because Contestant will benefit by a 23 judicial determination that the purported will is invalid. 24 33. Shirley S.M. Chong died on October 16, 2021 at the age of 90 years old. 25 26 34. At all times relevant to this action, Decedent was an elder who suffered from various 27 limitations that restricted her ability to carry out normal activities or to adequately protect her 28 rights. -9- Will Contest and Grounds of Opposition to Probate of Purported Will 1 35. On the date of her death Shirley suffered from various serious medical conditions 2 and was on medication. Since 2020, about a year before her death, Shirley had failed to thrive, and 3 was admitted to Hospice care. 4 36. On March 8, 2021, Shirley was confined to Petitioner’s home, and she was suffering 5 6 from heart disease. At the time of the purported execution of the purported will, Contestant is 7 informed and believes and on such information and belief alleges that Decedent was physically 8 weak, unable to walk, in pain, on multiple medications, unable to eat, and she lacked awareness, 9 she lacked the ability to comprehend, understand, reason, concentrate, plan, recall and 10 11 communicate. 12 37. Contestant is informed and believes and on such information and belief alleges that 13 on March 8, 2021, at the time of the purported execution of the purported will, Shirley’s loss of 14 mental capacity was so complete that she could no longer remember her property or the natural 15 objects of her bounty. She would not have disinherited her son Albert Chong, and had actually 16 17 provided inter vivos gifts of her estate to her children including Albert many years before March 8, 18 2021. 19 38. The creation of the purported will and the possession of the purported will occurred 20 in secret and in isolation. 21 39. The purported will is not, nor was it ever, Decedent’s own conviction or desire. 22 23 Rather, the purported will is the wishes of Petitioner William Chong. 24 40. At all times relevant to this action, Petitioner stood in a position of trust to 25 Decedent in that Petitioner held himself out as Decedent’s care-giver and assumed a fiduciary 26 relationship with her. Petitioner assumed the responsibilities as agent for health care decisions for 27 28 Decedent, managed her finances, and managed the personal and financial affairs of Decedent when -10- Will Contest and Grounds of Opposition to Probate of Purported Will 1 she was unable to do so. 2 41. Petitioner’s actions, as alleged herein, constitute “financial abuse of an elder or 3 dependent adult,” as described in Welfare & Institutions Code Section 15610.30, amended January 4 1, 2009, which defines financial abuse of elder to include “donative transfer, or testamentary 5 6 bequest.” 7 42. The taking, secreting, misappropriating, obtaining or retaining Decedent’s property 8 was unlawful. The actions by Petitioner as alleged in this Contest, are an unconscionable and 9 despicable fraud upon Decedent. On March 8, 2021, at the time of the purported execution of the 10 11 purported will, Decedent was in a weakened physical condition due to heart disease, was on 12 multiple medications, lacked awareness, lacked the ability to comprehend, understand, reason, 13 concentrate, plan, recall and communicate. Petitioner procured an attorney for Decedent, dictated 14 the terms of the will, and was able to exert control and influence over the mind and actions of 15 decedent. 16 17 43. Petitioner is guilty of recklessness, oppression, fraud, and malice in the commission 18 of the financial abuse of John as described and alleged in this Contest, as defined in Civil Code 19 §3294 and the Contestants are, therefore, also entitled to recover punitive damages, and treble 20 punitive damages under Civil Code §3345.. 21 44. Under Welfare and Institutions Code §15657(a), Petitioner is liable for reasonable 22 23 attorney fees and costs, including reasonable fees for the litigation of the Will Contest and Grounds 24 for Opposition to Probate of the Purported Will. 25 WHEREFORE, Contestant requests judgment as follows: 26 1. That the purported last will and testament be denied probate. 27 28 -11- Will Contest and Grounds of Opposition to Probate of Purported Will 1 VERIFICATION 2 3 I, ALBERT CHONG the undersigned, CONTESTANT in the WILL CONTEST AND 4 GROUNDS OF OPPOSITION TO PROBATE OF PURPORTED WILL: 5 Declare that: 6 7 I have read the foregoing 8 WILL CONTEST AND GROUNDS OF OPPOSITION TO PROBATE OF PURPORTED WILL OF DECEDENT, 9 PETITION TO PRODUCE ORIGINAL LODGED WILL TO HANDWRITING EXPERT 10 and know its contents. It is true of my own knowledge except for the matters that are stated in it on 11 information and belief, and regarding those matters I believe them to be true. 12 I declare under penalty of perjury under the laws of the State of California that the 13 foregoing is true and correct. 14 Dated: 5/5/2022 15 16 By: 17 ALBERT CHONG CONTESTANT 18 19 20 21 22 23 24 25 26 27 28 -13- Will Contest and Grounds of Opposition to Probate of Purported Will EXHIBIT “A” EXHIBIT “B”