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WILLIAM CHONG F i EL
459 MONTEREY BLVD. 4
SAN FRANCISCO, CA 94118 San Francisco County Superior Court
(415) 816-1298 . APR =
EMAIL: ccowcsf123@hotmail.com R 8 2022
CLERK OF THE COURT
Heir and Will Contestant By Ci bse ;
In Pro Per Gok
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
IN RE ESTATE OF: CASE NO. PES 22-305122
HEIR WILLIAM CHONG'S FURTHER
OBJECTION TO XUE JUN CHONG'S
REQUEST FOR APPOINTMENT AS
PERSONAL REPRESENTATIVE-
EXECUTOR OF THE PROBATE ESTATE
AND DECLARATION OF WILLIAM
CHONG IN SUPPORT OF OBJECTION.
SHIRLEY S.M. CHONG,
DECEDENT. DATE: APRIL 19, 2022
TIME: 9:00 A.M.
DEPT.: 204/PROBATE
I, WILLIAM CHONG, declare as follows:
1. That the facts contained in this declaration are within
my own personal knowledge and if called as a witness, I could and
would competently testify hereto.
2. This Declaration is made in support of my further
objection to the request by Ms. Xue Jun Chong, as Petitioner, to
be appointed as the executor/personal representative of the Estate
Heir William Chong's Further Objection to Xue Jun Chong's Request
to be Appointed Personal Representative of Probate Estate and
Declaration in Support of Objection 110
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of Shirley S.M. Chong in her Petition for Probate filed on
February 9, 2022.
3. I am a heir at law of Decedent Shirley S.M. Chong.
4. I have also filed a Will Contest to the probate of the
Last Will and Testament of Shirley S.M. Chong dated January 14,
2014 submitted and advanced by Xue Jun Chong in her Petition for
Probate.
DECEDENT'S FAMILY BACKGROUND
5. Decedent Shirley S.M. Chong died on October 16, 2021 in
San Francisco, California.
6. Decedent had three adult children: Albert Chong, William
Chong, and Dolores Chong. Ms. Xue Jun Chong is the wife of Albert
Chong and also the sister-in-law of heir/Will Contestant William
Chong.
GROUNDS FOR OBJECTION TO XUE JUN CHONG'S REQUESTED APPOINTMENT
7. I respectfully submit this Objection to XUE JUN CHONG's
Petition for Probate and request to be appointed executor/personal
representative of the Estate of Shirley S. M. Chong.
8. There are two grounds for my Objections to Xue Jun
Chong's requested appointment as personal representative of the
probate estate. The grounds are as follows:
A. WILLIAM CHONG HAS THE HIGHEST PRIORITY AND SHOULD BE
APPOINTED EXECUTOR OF THE PROBATE ESTATE.
9. Decedent Shirley S.M. Chong executed a subsequent
document entitled "Last Will of Shirley S.M. Chong" on March 8,
2021.
Heir William Chong's Further Objection to Xue Jun Chong's Request
to be Appointed Personal Representative of Probate Estate and
Declaration in Support of Objection 210
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10. The newer March 8, 2021 specifically revokes all prior
Wills (such as the January 28, 2014 Last Will submitted by Xue Jun
Chong).
11. Decedent also nominates me as the first choice executor
under the newer March 8, 2021 Last Will.
12. California Probate Code Section 8420 states that a
person named as executor by the decedent in the decedent's Last
Will has the right to appointment as the personal representative.
The named executor is entitled to be appointed unless he is
statutorily disqualified or chooses to decline the appointment.
Estate of Backer (1985) 164 C.A.3d 1159, 1164-1165, 211 C.R. 163,
166. Ordinarily, if a person with higher priority is not
disqualified, his appointment is mandatory. See Probate Code
Section 8461 relating to Administrators. See also Estate of
Cummings (1972) 23 C.A.3d 617, 622 (decided under former-
predecessor Probate Code Section 422).
In discussing the priority issue, the court in Estate of
Gibson [(1963) 222 C.A.2d 299, 300, 35 C.R. 103] stated that: "the
court has limited discretion in this matter and generally must
appoint a qualified person with the highest priority".
13. I am nominated as the first choice executor by Decedent
Shirley S.M. Chong under her most recent Last Will and am entitled
to be appointed as the personal representative of her probate
estate.
Heir William Chong's Further Objection to Xue Jun Chong's Request
to be Appointed Personal Representative of Probate Estate and
Declaration in Support of Objection 310
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14. I am over the age of. 21 years old, not under any
conservatorship over his finances or over his person, and am
willing and able to carry out my duties as executor/personal
representative of the. probate estate.
15. I intend to file a Petition for Probate to be appointed
as the executor of Decedent's probate estate under the terms of
Decedent's more recent March 8, 2021 Last Will.
B. XUE_ JUN CHONG IS INELIGIBLE AND NOT QUALIFIED TO BE APPOINTED
PERSONAL REPRESENTATIVE OF THE PROBATE ESTATE.
16. Decedent Shirley S.M. Chong lived with her oldest
son/Albert Chong and his wife/Xue Jun Chong for several years from
approximately 2013 to 2020.
17. After Decedent moved out from Albert Chong and Xue Jun
Chong's residence, Decedent resided with me and my family.
18. When Decedent was living with Albert Chong and Zion Jun
Chong, they had decedent execute a Power of Attorney in 2013 that
granted Albert Chong and Zion Jun Chong broad access and powers
regarding Decedent's assets.
19. During the time period that Decedent lived with Albert
Chong and Zion Jun Chong, I believe that they used their power of
attorney to misappropriate, embezzle, and transfer substantial
monies and real properties from Decedent without her consent and
knowledge to Albert Chong and Zion Jun Chong's own individual
names.
20. After Decedent discovered Albert Chong and Zion Jun
Chong's embezzlement, Decedent then filed a civil lawsuit against
Heir William Chong's Further Objection to Xue Jun Chong's Request
to be Appointed Personal Representative of Probate Estate and
Declaration in Support of Objection 410
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both Albert Chong and Zion Jun Chong as Defendants alleging Elder
Abuse, fraud, embezzlement, and other claims in the case of
SHIRLEY S.M. CHONG V. XUEJUN CHONG AND ALBERT CHONG, ET AL. (San
Francisco Superior Court Action Number CGC-21-594404).
21. The lawsuit filed by Decedent against Albert Chong and
Zion Jun Chong as defendants alleges that defendants have
embezzled and misappropriated over $3,000,000 of Decedent's monies
and real property assets by transferring those assets from
Decedent's individual name and from her trust to Defendants.
22. There is a trial date currently scheduled in the civil
suit for January 2023.
23. Probate Code Section 8402 states that a person is not
competent to act as personal representative/executor if there are
grounds for the removal of the person from office under Probate
Code Section 8502. Probate Code Section 8502 regarding Grounds for
Removal states that a personal representative may be removed from
office for certain causes including: (1) the personal
representative has wasted, embezzled, mismanaged, or committed
fraud on the estate, or is about to do so; or (2) removal is
otherwise necessary for protection of the estate of interested
persons.
24. In this case, I believe and contend that neither Zion
Jun Chong nor Albert Chong are competent to be appointed as
personal representative of Decedent's estate. Both of them should
be disqualified because of their misconduct and embezzlement of
Heir William Chong's Further Objection to Xue Jun Chong's Request
to be Appointed Personal Representative of Probate Estate and
Declaration in Support of Objection 510
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Decedent's assets.
25. I also believe that a severe conflict of interest exists
between Zion Jun Chong with Albert Chong with the protection of
the probate estate and probate beneficiaries. The major asset of
the probate estate at this point is Decedent's lawsuit claims and
potential lawsuit recovery against Albert Chong and Xue Jun Chong
which is now owned by Decedent's probate estate.
26. The court should not appoint either Ms. Zion Jun Chong
nor Albert Chong as the personal representative of Decedent's
probate estate because they would have no interest in protecting
the probate estate by prosecuting the probate's litigation claims
against themselves.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
Executed on im , 2022 in San Francisco,
California.
WILLIAM CHONG
Heir William Chong's Further Objection to Xue Jun Chong's Request
to be Appointed Personal Representative of Probate Estate and
Declaration in Support of Objection 610
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PROOF OF SERVICE BY U.S. MAIL
I, Warren T. Woo, declare:
T am over 18 years of age and not a party to this action.
My business address is 4790 Geary Boulevard, San Francisco,
California 94118.
I served a copy of: HEIR WILLIAM CHONG'S FURTHER OBJECTION
TO SUE JUN CHONG'S REQUEST FOR APPOINTMENT AS PERSONAL
REPRESENTATIVE—EXECUTOR OF THE PROBATE ESTATE AND DECLARATION OF
WILLIAM CHONG IN SUPPORT OF OBJECTION on
1 2022
by placing said copy in a sealed envelope and deposited in the
U.S. mail at San Francisco, California, postage fully prepaid,
addressed to:
Albert Chong
137 Marview Way
San Francisco, CA 94131
Xue Jun Chong
137 Marview Way
San Francisco, CA 94131
Dolores Chong
3056 Castro Valley Blvd.
Castro Valley, CA 94546
Michael Freedman
Freedman Law Firm
580 California Street, Suite 1200
San Francisco, CA 94104
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct.
(
Executed on , 2022 in San Francisco, California.
hn Woe
Warren T. Woo
Preview
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WILLIAM CHONG F i EL 459 MONTEREY BLVD. 4 SAN FRANCISCO, CA 94118 San Francisco County Superior Court (415) 816-1298 . APR = EMAIL: ccowcsf123@hotmail.com R 8 2022 CLERK OF THE COURT Heir and Will Contestant By Ci bse ; In Pro Per Gok IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION IN RE ESTATE OF: CASE NO. PES 22-305122 HEIR WILLIAM CHONG'S FURTHER OBJECTION TO XUE JUN CHONG'S REQUEST FOR APPOINTMENT AS PERSONAL REPRESENTATIVE- EXECUTOR OF THE PROBATE ESTATE AND DECLARATION OF WILLIAM CHONG IN SUPPORT OF OBJECTION. SHIRLEY S.M. CHONG, DECEDENT. DATE: APRIL 19, 2022 TIME: 9:00 A.M. DEPT.: 204/PROBATE I, WILLIAM CHONG, declare as follows: 1. That the facts contained in this declaration are within my own personal knowledge and if called as a witness, I could and would competently testify hereto. 2. This Declaration is made in support of my further objection to the request by Ms. Xue Jun Chong, as Petitioner, to be appointed as the executor/personal representative of the Estate Heir William Chong's Further Objection to Xue Jun Chong's Request to be Appointed Personal Representative of Probate Estate and Declaration in Support of Objection 110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Shirley S.M. Chong in her Petition for Probate filed on February 9, 2022. 3. I am a heir at law of Decedent Shirley S.M. Chong. 4. I have also filed a Will Contest to the probate of the Last Will and Testament of Shirley S.M. Chong dated January 14, 2014 submitted and advanced by Xue Jun Chong in her Petition for Probate. DECEDENT'S FAMILY BACKGROUND 5. Decedent Shirley S.M. Chong died on October 16, 2021 in San Francisco, California. 6. Decedent had three adult children: Albert Chong, William Chong, and Dolores Chong. Ms. Xue Jun Chong is the wife of Albert Chong and also the sister-in-law of heir/Will Contestant William Chong. GROUNDS FOR OBJECTION TO XUE JUN CHONG'S REQUESTED APPOINTMENT 7. I respectfully submit this Objection to XUE JUN CHONG's Petition for Probate and request to be appointed executor/personal representative of the Estate of Shirley S. M. Chong. 8. There are two grounds for my Objections to Xue Jun Chong's requested appointment as personal representative of the probate estate. The grounds are as follows: A. WILLIAM CHONG HAS THE HIGHEST PRIORITY AND SHOULD BE APPOINTED EXECUTOR OF THE PROBATE ESTATE. 9. Decedent Shirley S.M. Chong executed a subsequent document entitled "Last Will of Shirley S.M. Chong" on March 8, 2021. Heir William Chong's Further Objection to Xue Jun Chong's Request to be Appointed Personal Representative of Probate Estate and Declaration in Support of Objection 210 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. The newer March 8, 2021 specifically revokes all prior Wills (such as the January 28, 2014 Last Will submitted by Xue Jun Chong). 11. Decedent also nominates me as the first choice executor under the newer March 8, 2021 Last Will. 12. California Probate Code Section 8420 states that a person named as executor by the decedent in the decedent's Last Will has the right to appointment as the personal representative. The named executor is entitled to be appointed unless he is statutorily disqualified or chooses to decline the appointment. Estate of Backer (1985) 164 C.A.3d 1159, 1164-1165, 211 C.R. 163, 166. Ordinarily, if a person with higher priority is not disqualified, his appointment is mandatory. See Probate Code Section 8461 relating to Administrators. See also Estate of Cummings (1972) 23 C.A.3d 617, 622 (decided under former- predecessor Probate Code Section 422). In discussing the priority issue, the court in Estate of Gibson [(1963) 222 C.A.2d 299, 300, 35 C.R. 103] stated that: "the court has limited discretion in this matter and generally must appoint a qualified person with the highest priority". 13. I am nominated as the first choice executor by Decedent Shirley S.M. Chong under her most recent Last Will and am entitled to be appointed as the personal representative of her probate estate. Heir William Chong's Further Objection to Xue Jun Chong's Request to be Appointed Personal Representative of Probate Estate and Declaration in Support of Objection 310 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. I am over the age of. 21 years old, not under any conservatorship over his finances or over his person, and am willing and able to carry out my duties as executor/personal representative of the. probate estate. 15. I intend to file a Petition for Probate to be appointed as the executor of Decedent's probate estate under the terms of Decedent's more recent March 8, 2021 Last Will. B. XUE_ JUN CHONG IS INELIGIBLE AND NOT QUALIFIED TO BE APPOINTED PERSONAL REPRESENTATIVE OF THE PROBATE ESTATE. 16. Decedent Shirley S.M. Chong lived with her oldest son/Albert Chong and his wife/Xue Jun Chong for several years from approximately 2013 to 2020. 17. After Decedent moved out from Albert Chong and Xue Jun Chong's residence, Decedent resided with me and my family. 18. When Decedent was living with Albert Chong and Zion Jun Chong, they had decedent execute a Power of Attorney in 2013 that granted Albert Chong and Zion Jun Chong broad access and powers regarding Decedent's assets. 19. During the time period that Decedent lived with Albert Chong and Zion Jun Chong, I believe that they used their power of attorney to misappropriate, embezzle, and transfer substantial monies and real properties from Decedent without her consent and knowledge to Albert Chong and Zion Jun Chong's own individual names. 20. After Decedent discovered Albert Chong and Zion Jun Chong's embezzlement, Decedent then filed a civil lawsuit against Heir William Chong's Further Objection to Xue Jun Chong's Request to be Appointed Personal Representative of Probate Estate and Declaration in Support of Objection 410 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 both Albert Chong and Zion Jun Chong as Defendants alleging Elder Abuse, fraud, embezzlement, and other claims in the case of SHIRLEY S.M. CHONG V. XUEJUN CHONG AND ALBERT CHONG, ET AL. (San Francisco Superior Court Action Number CGC-21-594404). 21. The lawsuit filed by Decedent against Albert Chong and Zion Jun Chong as defendants alleges that defendants have embezzled and misappropriated over $3,000,000 of Decedent's monies and real property assets by transferring those assets from Decedent's individual name and from her trust to Defendants. 22. There is a trial date currently scheduled in the civil suit for January 2023. 23. Probate Code Section 8402 states that a person is not competent to act as personal representative/executor if there are grounds for the removal of the person from office under Probate Code Section 8502. Probate Code Section 8502 regarding Grounds for Removal states that a personal representative may be removed from office for certain causes including: (1) the personal representative has wasted, embezzled, mismanaged, or committed fraud on the estate, or is about to do so; or (2) removal is otherwise necessary for protection of the estate of interested persons. 24. In this case, I believe and contend that neither Zion Jun Chong nor Albert Chong are competent to be appointed as personal representative of Decedent's estate. Both of them should be disqualified because of their misconduct and embezzlement of Heir William Chong's Further Objection to Xue Jun Chong's Request to be Appointed Personal Representative of Probate Estate and Declaration in Support of Objection 510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Decedent's assets. 25. I also believe that a severe conflict of interest exists between Zion Jun Chong with Albert Chong with the protection of the probate estate and probate beneficiaries. The major asset of the probate estate at this point is Decedent's lawsuit claims and potential lawsuit recovery against Albert Chong and Xue Jun Chong which is now owned by Decedent's probate estate. 26. The court should not appoint either Ms. Zion Jun Chong nor Albert Chong as the personal representative of Decedent's probate estate because they would have no interest in protecting the probate estate by prosecuting the probate's litigation claims against themselves. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on im , 2022 in San Francisco, California. WILLIAM CHONG Heir William Chong's Further Objection to Xue Jun Chong's Request to be Appointed Personal Representative of Probate Estate and Declaration in Support of Objection 610 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY U.S. MAIL I, Warren T. Woo, declare: T am over 18 years of age and not a party to this action. My business address is 4790 Geary Boulevard, San Francisco, California 94118. I served a copy of: HEIR WILLIAM CHONG'S FURTHER OBJECTION TO SUE JUN CHONG'S REQUEST FOR APPOINTMENT AS PERSONAL REPRESENTATIVE—EXECUTOR OF THE PROBATE ESTATE AND DECLARATION OF WILLIAM CHONG IN SUPPORT OF OBJECTION on 1 2022 by placing said copy in a sealed envelope and deposited in the U.S. mail at San Francisco, California, postage fully prepaid, addressed to: Albert Chong 137 Marview Way San Francisco, CA 94131 Xue Jun Chong 137 Marview Way San Francisco, CA 94131 Dolores Chong 3056 Castro Valley Blvd. Castro Valley, CA 94546 Michael Freedman Freedman Law Firm 580 California Street, Suite 1200 San Francisco, CA 94104 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ( Executed on , 2022 in San Francisco, California. hn Woe Warren T. Woo