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DE-114
ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO.
NAME: WILLIAM CHONG.
FIRM NAME:
STREET ADDRESS: 459 MONTEREY BLVD.
Jory. SAN FRANCISCO STATE: CA ZIPCODE: 94127
TELEPHONE NO: 415-816-1298 FAX NO.
E-MAILADDRESS: cowesft23@hotmail.com
ATTORNEY FOR (name): PETITIONER IN PRO PER
FOR COURT USE ONLY
‘San Francisco County Superior Court
APR 11 2022
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO.
STREET ADORESS: 400 MCALLISTER STREET
MAILING ADDRESS:
CITY AND ZIP CODE: SAN FRANCISCO. CA 94102
BRANCH NAME:
CLERK OF, THE COURT
BY:
ESTATE OF (name): SHIRLEY S.M. CHONG
DECEDENT
PETITION FOR [x] Probate of [__] Lost Will and for Letters Testamentary
[J Probate of [~] Lost Will and for Letters of Administration
with Will Annexed
Letters of Administration
Letters of Special Administration [__] with general powers
Authorization to Administer Under the Independent
Administration of Estates Act _[__] with limited authority -
‘Deputy Clerk
CASE NUNBER:
PES ad -3OS lad
HEARING DATE AND TIME: Derr:
MAY 1B 2022 |
1. Publication will be in (specify name of newspaper):
a. [-_] Publication requested. ,
b.
2. Petitioner (name each):
WILLIAM CHONG
requests that
a. [3¢] decedent's will and codicils, if any, be admitted to probate.
b. (name): WILLIAM CHONG
(1) [3] executor
(2) [) administrator with will annexed
(3) [7] administrator
(4) [] special administrator [[_] with general powers
and Letters issue upon qualification.
ao
(1) [3€] bond not be required for the reasons stated in item 3e.
Publication to be arranged. [eee nme
G00 AM. A204, |
be appointed
(full [7] limited authority be granted to administer under the independent Administration of Estates Act.
@Cls bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise
provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob.
Code, § 8482,)
3) Ls in deposits in a blocked account be allowed. Receipts will be filed.
(Specify institution and location):
3. a. Decedent died on (date): OCT. 16.2021 at (place): SAN FRANCISCO. CA
(1) [5] a resident of the county named above.
(2) [) a nonresident of California and left an estate in the county named above
publication in the newspaper named in item 1):
located at (specify location permitting
b. [__] Decedent was a citizen of a country other than the United States (specify country):
©. Street address, city, and county of decedent's residence at time of death (specify):
459 MONTEREY BLVD., SAN FRANCISCO, SAN FRANCISCO COUNTY, CALIFORNIA
Pago tof
itn Source oS PETITION FOR PROBATE Probe Coe ato 00
DE-111 [Rev. July 1, 2017], (Probate—Decedents Estates)DE-111
ESTATE OF (name): SHIRLEY S.M, CHONG | CASE NUMBER:
DECEDENT|
3. d. Character and estimated value of the property of the estate (complete in all cases):
(1) Personal property: $ UNKNOWN
(2) Annual . fi *The primary asset in Decedent's probate estate is for recovery
nual gross income from
of damages in a current/pending lawsuit for Elder Abuse and
(a) real property: $3 UNKNOWN other claims against Defendants Albert Chong and Xue Jun
. Chong. (entitled "Shirley S.M. Chong v. Xue Jun Chong, et al.”
b) nal property: $
(6) personal property: UNKNOWN | san Francisco Superior Court Action Number CGC 21-594404).
(3) Subtotal (add (1) and (2)): $ UNKNOWN
(4) Gross fair market value of real property: = $ UNKNOWN
(5) (Less) Encumbrances: (8 UNKNOWN )
(6) Net value of real property: . $ UNKNOWN.
(7) Total (add (3) and (6)): $ UNKNOWN
e. (1) [3] Willwaives bond. [) Special administrator is the named executor, and the will waives bond.
(2) [) All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment
3e(2).)
(3) [2] All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).)
(4) [_] Sole personal representative is a corporate fiduciary or an exempt government agency.
f. (1) [] Decedent died intestate.
(2) [3¢] Copy of decedent's will dated: MARCH 8. 2021 [__] codicil dated (specify for each):
are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign-
language documents.)
The will and all codicils are self-proving (Prob. Code, § 8220).
(3) [_] The original of the will and/or codicil identified above has been lost. (Affix a copy of the lost will or codicil or a written
statement of the testamentary words or their substance in Attachment 3f(3). and state reasons in that attachment
why the presumption in Prob. Code, § 6124 does not apply.)
g. Appointment of personal representative (check all applicable boxes):
(1) Appointment of executor or administrator with will annexed:
(a) [3] Proposed executor is named as executor in the will and consents to act.
(b) [_]} No executor is named in the will.
(c) [_] Proposed personal representative is a nominee of a person entitled to Letters.
(Affix nomination as Attachment 39(1)(c).)
(¢) [2] Other named executors will not act because of [[_] death [[_] declination
{-] other reasons (specify):
[J Continued in Attachment 39(1)(d)..
(2) Appointment of administrator:
(2) (] Petitioner is a person entitled to Letters. (if necessary, explain priority in Attachment 3g(2)(a).)
(b) [_] Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(2)(b).)
(c) [_] Petitioner is related to the decedent as (specify):
(3) [) Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 39(3).)
(4) [} Proposed personal representative would be a successor personal representative.
h. Proposed personal representative is a
(1) [32] resident of California.
(2) [7] nonresident of California (specify permanent address):
(3) [52] resident of the United States.
(4) [J nonresident of the United States.
DE-111 [Rev July 1, 2017] PETITION FOR PROBATE Pogo 2ot 4
(Probate—Decedents Estates)DE-111
ESTATE OF (name): SHIRLEY S.M. CHONG | CASE NUMBER:
DECEDENT|
4. [7X] Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.
5. a, Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))
(1) [7] spouse.
(2) [3€] no spouse as follows:
(a) [(_] divorced or never married.
(b) [xX] spouse deceased.
(3) (J registered domestic partner.
(4) [5€] no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)
(8) [BC] child as follows:
(a) [G2] natural or adopted.
(b) [7] natural adopted by a third party.
(8) [J no child.
(7) [J issue of a predeceased child.
(8) [3€] no issue of a predeceased child,
b. Decedent [__]} was was not — survived by a stepchild or foster child or children who would have been adopted by
decedent but for a legal barrier. (See Prob. Code, § 6454.)
6. (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no
spouse, registered domestic partner, or issue. (Check the first box that applies):
a. [_] Decedent was survived by a parent or parents who are listed in item 8.
b. [__] Decedent was survived by issue of deceased parents, all of whom are listed in item 8.
c. [__] Decedent was survived by a grandparent or grandparents who are listed in item 8.
d. ((7] Decedent was survived by issue of grandparents, all of whom are listed in item 8.
e
f.
9.
. [7] Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
{__] Decedent was survived by next of kin, all of whom are listed in item 8.
. (__] Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
whom are listed in item 8.
h. [-] Decedent was survived by no known next of kin,
7. (Complete only if no spouse or issue survived decedent.)
a. [__] Decedent had no predeceased spouse.
b. [__] Decedent had a predeceased spouse who
(1) [2] died not more than 15 years before decedent and who owned an interest in real property that passed to decedent,
(2) [~} died not more than five years before decedent and who owned personal property valued at $10,000 or more that
passed to decedent, (if you checked (1) or (2), check only the first box that applies):
(a) [_] Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
(b) [__] Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8.
(c) (--] Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8.
(d) [_] Decedent was survived by next of kin of the decedent, all of whom are listed in item 8.
{e) [-_] Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8.
(3) (7) neither (1) nor (2) apply.
8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably
ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons
named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the
trustee and personal representative are the same person.
DE-111 (Rev. July 1, 2017} PETITION FOR PROBATE. Pago 3 of 4
(Probate—Decedents Estates)DE-111
ESTATE OF (name): SHIRLEY S.M. CHONG | CASE NUMBER.
DECEDENT
8. Name and relationship to decedent Age Address.
ALBERT CHONG (SON) ADULT 137 MARVIEW WAY, SAN FRANCISCO, CA 94131
DOLORES CHONG (DAUGHTER) ADULT 3056 CASTRO VALLEY BLVD., CASTRO VALLEY, CA
94546
WILLIAM CHONG (SON) ADULT 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127
CINDY CHONG (ALTERNATE EXECUTOR) ADULT 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127
PETER CHONG 10YR.OLD 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127
(TRUST BENEFICIARY)
SOPHIA CHONG 12 YR. OLD 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127
(TRUST BENEFICIARY)
[1] Continued on Attachment 8.
9. Number of pages attached: 9
Date:
NOT APPLICABLE. >
(TYPE OR PRINT NAME OF ATTORNEY ) (SIGNATURE OF ATTORNEY )*
+ (Signatures of ail petitoners are also required. Ail petitioners must sign, bul the petilion may be verified by any one of them (Prob, Code. §§ 1020, 1021: Cal. Rules of Court, rule 7.103).)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 4- iE Q0dX <
WILLIAM CHONG >
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER}
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
Signatures of additional petitioners follow last attachment.
DE-114 [Rev. July 1, 2017} PETITION FOR PROBATE Pago dof 4
(Probate—Decedents EstatesLAST WILL OF SHIRLEY S.M. CHONG
TABLE OF CONTENTS
Article One. Introductory Provisions
1.1 Marital Status.....,
1.2 Identification of Living Childre:
13 No Deceased Children...
1.4 No Contract Affecting Wil
Article Two. Gift of Entire Estat
2.1 Gift of Entire Estate
Article Three. Residuary Provision
3.1 Disposition of Residue...
NN Ne
Article Four, EXecutor’...ssssssssseessenns sveeenes
4.1 Nomination of Executor.
4.2 Successor Executors ...
4.3, Prohibited Appointment of Executor
4.4 Waiver of Bond..ceessecsceccesneeee
4.5 General Powers of Executor
4.6 Power to Invest...
4.7 Division or Distribution in Cash or in Kind
4.8 Power to Sell, Lease, and Grant Options to Purchase Property
4.9 Payments to Legally Incapacitated Persons......ssssessssssssusseen
Article Five, Concluding Provisions
5.1 Definition of Death Taxe:
5.2. Payment of Death Taxes.
5.3. Simultaneous Death...
5.4 Survivorship Requiremen
5.5 Intentional Omission of Children Born or Adopted After Execution of Will
5.6 Disinheritance of Albert Chong and Dolores Chong
5.7 No-Contest Clause...
5.8 Definition of Incapacity
5.9 Number and Gend
5.10 Captions
5:11 Severability
5.12 California Law to Apply.
BNR ADADUGVHH BRRYUWBWUNNN
Artncalinwar 35 (2)LAST WILL OF SHIRLEY S.M. CHONG
I, Shirley S.M. Chong, also known as Shirley Chong or Shirley Siu Moy Chong, a
resident of San Francisco County, California, declare that this is my will. I hereby revoke all my
previous wills and codicils,
ARTICLE ONE.
INTRODUCTORY PROVISIONS
1.1 Marital Status
Tam not currently married.
1.2 Identification of Living Children
Ihave three living children as follows:
Name Date of Birth Child’s Father
Albert Chong March 6, 1962 Jack K. Chong
Dolores Chong April 1, 1963 Jack K. Chong
William Chong October 21, 1965 Jack K. Chong
1.3 No Deceased Children
Ihave no deceased children.
1.4 No Contract Affecting Will
Thave not entered into any contract to make a will or a testamentary gift, to not revoke a
will or a testamentary gift, or to die intestate.
ARTICLE TWO.
GIFT OF ENTIRE ESTATELast Will of Shirley $.M. Chong
2.1 Gift of Entire Estate
I give all of my property to the trustee of the Shirley Chong 2016 Trust, created under the
trust agreement executed on October 4, 2016, and as amended, by Shirley $.M. Chong, as
Settlor. The trustee of that trust shall add the property disposed of under this will to the trust
principal and hold, administer, and distribute the property in accordance with the provisions of
that trust agreement, including any amendments and restatements of that trust agreement that
have been made before or after execution of this will.
ARTICLE THREE.
RESIDUARY PROVISIONS
3.1 Disposition of Residue
If the Shirley Chong 2016 Trust has been revoked, terminated, or declared invalid for any
reason, I give the residue of my estate to the executor of this will, as trustee, who shall hold,
administer, and distribute the property under a testamentary trust, the terms of which shall be
identical to the terms of the Shirley Chong 2016 Trust that are in effect on the date of execution
of this will or such later date on which this will is republished.
ARTICLE FOUR.
EXECUTOR
4.1 Nomination of Executor
I nominate William Chong, my son, as executor of this will.
4,2 Successor Executors
If the office of executor becomes vacant, by reason of death, incapacity, or any other
reason then I nominate Cindy Chong, my daughter-in-law, as successor executor.Last Will of Shirley S.M, Chong
Tf Cindy Chong is unable (by reason of death, incapacity, or any other reason) or
unwilling to serve as successor executor, a new executor or set of coexecutors shall be appointed
by the court.
4.3 Prohibited Appointment of Executor
Notwithstanding any other provision of this will, Albert Chong shall not be appointed or
serve as executor or coexecutors of this will.
4.4 Waiver of Bond
No bond or undertaking shali be required of any executor nominated in this will.
4.5 General Powers of Executor
The executor shall have full authority to administer my estate under the California
Independent Administration of Estates Act. The executor shall have all powers now or hereafter
conferred on executors by law, except as otherwise specifically provided in this will, including
any powers enumerated in this will.
4.6 Power to Invest
The executor shall have the power to invest estate funds in any kind of real or personal
property, as the executor deems advisable.
4.7 Division or Distribution in Cash or in Kind
In order to satisfy a pecuniary gift or to distribute or divide estate assets into shares or
partial shares, the executor may distribute or divide those assets in kind, or divide undivided
interests in those assets, or sell all or any part of those assets and distribute or divide te property
in cash, in kind, or partly in cash and partly in kind. Property distributed to satisfy a pecuniary
gift under this will shall be valued at its fair market value at the time of distribution. This section
shall apply only to the extent that it does not conflict with the provisions of the Shirley Chong
2016 Trust.Last Will of Shirley S.M. Chong
4.8 Power to Sell, Lease, and Grant Options to Purchase Property
The executor shall have the power to sell, at either public or private sale and with or
without notice, lease, and grant options to purchase any real or personal property belonging to
my estate, on such terms and conditions as the executor determines to be in the best interest of
my estate.
4.9 Payments to Legally Incapacitated Persons
If at any time any beneficiary under this will is a minor, or it appears to the executor that
any beneficiary is incapacitated, incompetent, or for any other reason not able to receive
payments or make intelligent or responsible use of the payments, then the executor, in lieu of
making direct payments to the beneficiary, may make payments to the beneficiary's conservator
or guardian; to the beneficiary's custodian under the Uniform Gifts to Minors Act or Uniform
Transfers to Minors Act of any state; to the beneficiary's custodian under the California Uniform
Transfers to Minors Act until.the beneficiary reaches the age of twenty-five (25) years; to one or
more suitable persons as the executor deems proper, such as a relative or a person residing with
the beneficiary, to be used for the beneficiary's benefit; to any other person, firm, or agency for
services rendered or to be rendered for the beneficiary's assistance or benefit; or to accounts in
the beneficiary's name with financial institutions. If there is no custodian then serving or
nominated to serve by the testator for a beneficiary, the personal representative or executor, as
the case may be, shall designate the custodian. The receipt of payments by any of the foregoing
shall constitute a sufficient acquittance of the executor for all purposes.Last Will of Shirley 8.M. Chong
ARTICLE FIVE.
CONCLUDING PROVISIONS
5.1 Definition of Death Taxes :
The term “death taxes,” as used in this will, shall mean all inheritance, estate, succession,
and other similar taxes that are payable by any person on account of that person's interest in my
estate or by reason of my death, including penalties and interest, but excluding the following:
(a) Any additional tax that may be assessed under Internal Revenue Code Section
2032A.
(b) Any federal or state tax imposed on a “generation-skipping transfer,” as that
term is defined in the federal tax laws, unless the applicable tax statutes provide that
the generation-skipping transfer tax on that transfer is payable directly out of the
assets of my gross estate. ‘
5.2 Payment of Death Taxes
Pursuant to the Shirley Chong 2016 Trust executed on October 4, 2016 by Shirley S.M.
Chong, as Settlor, all death taxes, whether or not attributable to property inventoried in my
probate estate, shall be paid by the trustee from that trust. If that trust does not exist at the time of
my death, or if the assets of that trust are insufficient to pay the death taxes in full, I direct the
executor to pay any death taxes, whether or not attributable to property inventoried in my probate
estate, that cannot be paid by the trustee, by prorating and apportioning those taxes among the
persons interested in my estate, as provided in the California Probate Code.
5.3 Simultaneous Death
If any beneficiary under this will and I die simultaneously, or if it cannot be established
by clear and convincing evidence whether that beneficiary or I died first, I shall be deemed to
have survived that beneficiary, and this will shall be construed accordingly.Last Will of Shirley 5.M. Chong
5.4 Survivorship Requirement
For purposes of this will, a beneficiary shall not be deemed to have survived me if that
beneficiary dies within 30 days after my death,
5.5 Intentional Omission of Children Born or Adopted After Execution of Will
Except as otherwise provided in this will, I have intentionally failed to provide in this will
for any children born to or adopted by me after the execution of this will.
5.6 Disinheritance of Albert Chong and Dolores Chong
T have specifically omitted to make any provision in this will for Albert Chong, my son,
and Dolores Chong, my daughter. | intend that they and their issue shall not take any part of my
estate passing under this will. -
5.7 No-Contest Clause
If any beneficiary under this will, singularly or in combination with any other person or
persons, directly or indirectly, and without probable cause challenges the validity of this will on
any of the grounds listed below, then the right of that person to take any interest given to him or
her by this will shall be void, and any gift or other interest in my estate to which the beneficiary
would otherwise have been entitled shall pass as if he or she had predeceased me without issue:
(a) Forgery.
(b) Lack of due execution.
(c) Lack of capacity.
(d) Menace, duress, fraud, or undue influence.
(e) Revocation pursuant to the terms of this will or applicable law.
(f) Disqualification of a beneficiary under California Probate Code section 6112 or
21380.Last Will of Shirley S.M. Chong
5.8 Definition of Incapacity
As used in this will, “incapacity” or “incapacitated” means a person operating under a
legal disability such as a duly established conservatorship, or a person who is unable to do either
of the following:
(a) Provide properly for that person's own needs for physical health, food, clothing,
or shelter; or
(b) Manage substantially that person's own financial resourcés or resist fraud or
undue influence.
The determination of incapacity shall be made by two physicians.
5.9 Number and Gender
As used in this will, references in the masculine gender shal] be deemed to include the
feminine and neuter genders, and vice versa, and references to the singular shall be deemed to
include the plural, and vice versa, wherever the context so permits,
5.10 Captions
The captions appearing in this will are for convenience of reference only and shall be
disregarded in determining the meaning and effect of the provisions of this will.
5.11 Severability Clause
If any provision of this will is invalid, that provision shall be disregarded, and the
remainder of this will shall be construed as if the invalid provision had not been included.
5.12 California Law to Apply
All questions concerning the validity and interpretation of this will shall be governed by
the laws of the State of California in effect at the time this will is executed. ,
. Executed on. IQ , at San Francisco, California.Last Will of Shirley $.M. Chong
On the date written above, we, the undersigned, each being present at the same time,
witnessed the signing of this instrument by Shirley S.M. Chong, who declared to us that this
instrument was the will of Shirley S.M. Chong. At that time, Shirley S.M. Chong appeared to us
to be of sound mind and memory and, to the best of our knowledge, was not acting under fraud,
duress, menace, or undue influence. Understanding this instrument, which consists of eight (8)
pages, including the pages on which the signature of Shirley S.M. Chong and our signatures
appear, to be the will of Shirley S.M. Chong, we subscribe our names as witnesses thereto.
We declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on ( Anh turk 5 GA, atSan Francisco, California.
Name:
Address: 456 Montgomery Street, Suite 700
San Francisco, California 94104
Name: Lai Fan Venus Cheung
Address: 456 Montgomery Street, Suite 700
San Francisco, California 94104
Preview
DE-114 ATTORNEY OR PARTY WITHOUT ATTORNEY: ‘STATE BAR NO. NAME: WILLIAM CHONG. FIRM NAME: STREET ADDRESS: 459 MONTEREY BLVD. Jory. SAN FRANCISCO STATE: CA ZIPCODE: 94127 TELEPHONE NO: 415-816-1298 FAX NO. E-MAILADDRESS: cowesft23@hotmail.com ATTORNEY FOR (name): PETITIONER IN PRO PER FOR COURT USE ONLY ‘San Francisco County Superior Court APR 11 2022 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO. STREET ADORESS: 400 MCALLISTER STREET MAILING ADDRESS: CITY AND ZIP CODE: SAN FRANCISCO. CA 94102 BRANCH NAME: CLERK OF, THE COURT BY: ESTATE OF (name): SHIRLEY S.M. CHONG DECEDENT PETITION FOR [x] Probate of [__] Lost Will and for Letters Testamentary [J Probate of [~] Lost Will and for Letters of Administration with Will Annexed Letters of Administration Letters of Special Administration [__] with general powers Authorization to Administer Under the Independent Administration of Estates Act _[__] with limited authority - ‘Deputy Clerk CASE NUNBER: PES ad -3OS lad HEARING DATE AND TIME: Derr: MAY 1B 2022 | 1. Publication will be in (specify name of newspaper): a. [-_] Publication requested. , b. 2. Petitioner (name each): WILLIAM CHONG requests that a. [3¢] decedent's will and codicils, if any, be admitted to probate. b. (name): WILLIAM CHONG (1) [3] executor (2) [) administrator with will annexed (3) [7] administrator (4) [] special administrator [[_] with general powers and Letters issue upon qualification. ao (1) [3€] bond not be required for the reasons stated in item 3e. Publication to be arranged. [eee nme G00 AM. A204, | be appointed (full [7] limited authority be granted to administer under the independent Administration of Estates Act. @Cls bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 8482,) 3) Ls in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location): 3. a. Decedent died on (date): OCT. 16.2021 at (place): SAN FRANCISCO. CA (1) [5] a resident of the county named above. (2) [) a nonresident of California and left an estate in the county named above publication in the newspaper named in item 1): located at (specify location permitting b. [__] Decedent was a citizen of a country other than the United States (specify country): ©. Street address, city, and county of decedent's residence at time of death (specify): 459 MONTEREY BLVD., SAN FRANCISCO, SAN FRANCISCO COUNTY, CALIFORNIA Pago tof itn Source oS PETITION FOR PROBATE Probe Coe ato 00 DE-111 [Rev. July 1, 2017], (Probate—Decedents Estates)DE-111 ESTATE OF (name): SHIRLEY S.M, CHONG | CASE NUMBER: DECEDENT| 3. d. Character and estimated value of the property of the estate (complete in all cases): (1) Personal property: $ UNKNOWN (2) Annual . fi *The primary asset in Decedent's probate estate is for recovery nual gross income from of damages in a current/pending lawsuit for Elder Abuse and (a) real property: $3 UNKNOWN other claims against Defendants Albert Chong and Xue Jun . Chong. (entitled "Shirley S.M. Chong v. Xue Jun Chong, et al.” b) nal property: $ (6) personal property: UNKNOWN | san Francisco Superior Court Action Number CGC 21-594404). (3) Subtotal (add (1) and (2)): $ UNKNOWN (4) Gross fair market value of real property: = $ UNKNOWN (5) (Less) Encumbrances: (8 UNKNOWN ) (6) Net value of real property: . $ UNKNOWN. (7) Total (add (3) and (6)): $ UNKNOWN e. (1) [3] Willwaives bond. [) Special administrator is the named executor, and the will waives bond. (2) [) All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment 3e(2).) (3) [2] All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).) (4) [_] Sole personal representative is a corporate fiduciary or an exempt government agency. f. (1) [] Decedent died intestate. (2) [3¢] Copy of decedent's will dated: MARCH 8. 2021 [__] codicil dated (specify for each): are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign- language documents.) The will and all codicils are self-proving (Prob. Code, § 8220). (3) [_] The original of the will and/or codicil identified above has been lost. (Affix a copy of the lost will or codicil or a written statement of the testamentary words or their substance in Attachment 3f(3). and state reasons in that attachment why the presumption in Prob. Code, § 6124 does not apply.) g. Appointment of personal representative (check all applicable boxes): (1) Appointment of executor or administrator with will annexed: (a) [3] Proposed executor is named as executor in the will and consents to act. (b) [_]} No executor is named in the will. (c) [_] Proposed personal representative is a nominee of a person entitled to Letters. (Affix nomination as Attachment 39(1)(c).) (¢) [2] Other named executors will not act because of [[_] death [[_] declination {-] other reasons (specify): [J Continued in Attachment 39(1)(d).. (2) Appointment of administrator: (2) (] Petitioner is a person entitled to Letters. (if necessary, explain priority in Attachment 3g(2)(a).) (b) [_] Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(2)(b).) (c) [_] Petitioner is related to the decedent as (specify): (3) [) Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 39(3).) (4) [} Proposed personal representative would be a successor personal representative. h. Proposed personal representative is a (1) [32] resident of California. (2) [7] nonresident of California (specify permanent address): (3) [52] resident of the United States. (4) [J nonresident of the United States. DE-111 [Rev July 1, 2017] PETITION FOR PROBATE Pogo 2ot 4 (Probate—Decedents Estates)DE-111 ESTATE OF (name): SHIRLEY S.M. CHONG | CASE NUMBER: DECEDENT| 4. [7X] Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act. 5. a, Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) (1) [7] spouse. (2) [3€] no spouse as follows: (a) [(_] divorced or never married. (b) [xX] spouse deceased. (3) (J registered domestic partner. (4) [5€] no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.) (8) [BC] child as follows: (a) [G2] natural or adopted. (b) [7] natural adopted by a third party. (8) [J no child. (7) [J issue of a predeceased child. (8) [3€] no issue of a predeceased child, b. Decedent [__]} was was not — survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) 6. (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no spouse, registered domestic partner, or issue. (Check the first box that applies): a. [_] Decedent was survived by a parent or parents who are listed in item 8. b. [__] Decedent was survived by issue of deceased parents, all of whom are listed in item 8. c. [__] Decedent was survived by a grandparent or grandparents who are listed in item 8. d. ((7] Decedent was survived by issue of grandparents, all of whom are listed in item 8. e f. 9. . [7] Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. {__] Decedent was survived by next of kin, all of whom are listed in item 8. . (__] Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of whom are listed in item 8. h. [-] Decedent was survived by no known next of kin, 7. (Complete only if no spouse or issue survived decedent.) a. [__] Decedent had no predeceased spouse. b. [__] Decedent had a predeceased spouse who (1) [2] died not more than 15 years before decedent and who owned an interest in real property that passed to decedent, (2) [~} died not more than five years before decedent and who owned personal property valued at $10,000 or more that passed to decedent, (if you checked (1) or (2), check only the first box that applies): (a) [_] Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. (b) [__] Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8. (c) (--] Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8. (d) [_] Decedent was survived by next of kin of the decedent, all of whom are listed in item 8. {e) [-_] Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8. (3) (7) neither (1) nor (2) apply. 8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether living or deceased; (2) all persons named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the trustee and personal representative are the same person. DE-111 (Rev. July 1, 2017} PETITION FOR PROBATE. Pago 3 of 4 (Probate—Decedents Estates)DE-111 ESTATE OF (name): SHIRLEY S.M. CHONG | CASE NUMBER. DECEDENT 8. Name and relationship to decedent Age Address. ALBERT CHONG (SON) ADULT 137 MARVIEW WAY, SAN FRANCISCO, CA 94131 DOLORES CHONG (DAUGHTER) ADULT 3056 CASTRO VALLEY BLVD., CASTRO VALLEY, CA 94546 WILLIAM CHONG (SON) ADULT 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127 CINDY CHONG (ALTERNATE EXECUTOR) ADULT 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127 PETER CHONG 10YR.OLD 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127 (TRUST BENEFICIARY) SOPHIA CHONG 12 YR. OLD 459 MONTEREY BLVD., SAN FRANCISCO, CA 94127 (TRUST BENEFICIARY) [1] Continued on Attachment 8. 9. Number of pages attached: 9 Date: NOT APPLICABLE. > (TYPE OR PRINT NAME OF ATTORNEY ) (SIGNATURE OF ATTORNEY )* + (Signatures of ail petitoners are also required. Ail petitioners must sign, bul the petilion may be verified by any one of them (Prob, Code. §§ 1020, 1021: Cal. Rules of Court, rule 7.103).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 4- iE Q0dX < WILLIAM CHONG > (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER} (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) Signatures of additional petitioners follow last attachment. DE-114 [Rev. July 1, 2017} PETITION FOR PROBATE Pago dof 4 (Probate—Decedents EstatesLAST WILL OF SHIRLEY S.M. CHONG TABLE OF CONTENTS Article One. Introductory Provisions 1.1 Marital Status....., 1.2 Identification of Living Childre: 13 No Deceased Children... 1.4 No Contract Affecting Wil Article Two. Gift of Entire Estat 2.1 Gift of Entire Estate Article Three. Residuary Provision 3.1 Disposition of Residue... NN Ne Article Four, EXecutor’...ssssssssseessenns sveeenes 4.1 Nomination of Executor. 4.2 Successor Executors ... 4.3, Prohibited Appointment of Executor 4.4 Waiver of Bond..ceessecsceccesneeee 4.5 General Powers of Executor 4.6 Power to Invest... 4.7 Division or Distribution in Cash or in Kind 4.8 Power to Sell, Lease, and Grant Options to Purchase Property 4.9 Payments to Legally Incapacitated Persons......ssssessssssssusseen Article Five, Concluding Provisions 5.1 Definition of Death Taxe: 5.2. Payment of Death Taxes. 5.3. Simultaneous Death... 5.4 Survivorship Requiremen 5.5 Intentional Omission of Children Born or Adopted After Execution of Will 5.6 Disinheritance of Albert Chong and Dolores Chong 5.7 No-Contest Clause... 5.8 Definition of Incapacity 5.9 Number and Gend 5.10 Captions 5:11 Severability 5.12 California Law to Apply. BNR ADADUGVHH BRRYUWBWUNNN Artncalinwar 35 (2)LAST WILL OF SHIRLEY S.M. CHONG I, Shirley S.M. Chong, also known as Shirley Chong or Shirley Siu Moy Chong, a resident of San Francisco County, California, declare that this is my will. I hereby revoke all my previous wills and codicils, ARTICLE ONE. INTRODUCTORY PROVISIONS 1.1 Marital Status Tam not currently married. 1.2 Identification of Living Children Ihave three living children as follows: Name Date of Birth Child’s Father Albert Chong March 6, 1962 Jack K. Chong Dolores Chong April 1, 1963 Jack K. Chong William Chong October 21, 1965 Jack K. Chong 1.3 No Deceased Children Ihave no deceased children. 1.4 No Contract Affecting Will Thave not entered into any contract to make a will or a testamentary gift, to not revoke a will or a testamentary gift, or to die intestate. ARTICLE TWO. GIFT OF ENTIRE ESTATELast Will of Shirley $.M. Chong 2.1 Gift of Entire Estate I give all of my property to the trustee of the Shirley Chong 2016 Trust, created under the trust agreement executed on October 4, 2016, and as amended, by Shirley $.M. Chong, as Settlor. The trustee of that trust shall add the property disposed of under this will to the trust principal and hold, administer, and distribute the property in accordance with the provisions of that trust agreement, including any amendments and restatements of that trust agreement that have been made before or after execution of this will. ARTICLE THREE. RESIDUARY PROVISIONS 3.1 Disposition of Residue If the Shirley Chong 2016 Trust has been revoked, terminated, or declared invalid for any reason, I give the residue of my estate to the executor of this will, as trustee, who shall hold, administer, and distribute the property under a testamentary trust, the terms of which shall be identical to the terms of the Shirley Chong 2016 Trust that are in effect on the date of execution of this will or such later date on which this will is republished. ARTICLE FOUR. EXECUTOR 4.1 Nomination of Executor I nominate William Chong, my son, as executor of this will. 4,2 Successor Executors If the office of executor becomes vacant, by reason of death, incapacity, or any other reason then I nominate Cindy Chong, my daughter-in-law, as successor executor.Last Will of Shirley S.M, Chong Tf Cindy Chong is unable (by reason of death, incapacity, or any other reason) or unwilling to serve as successor executor, a new executor or set of coexecutors shall be appointed by the court. 4.3 Prohibited Appointment of Executor Notwithstanding any other provision of this will, Albert Chong shall not be appointed or serve as executor or coexecutors of this will. 4.4 Waiver of Bond No bond or undertaking shali be required of any executor nominated in this will. 4.5 General Powers of Executor The executor shall have full authority to administer my estate under the California Independent Administration of Estates Act. The executor shall have all powers now or hereafter conferred on executors by law, except as otherwise specifically provided in this will, including any powers enumerated in this will. 4.6 Power to Invest The executor shall have the power to invest estate funds in any kind of real or personal property, as the executor deems advisable. 4.7 Division or Distribution in Cash or in Kind In order to satisfy a pecuniary gift or to distribute or divide estate assets into shares or partial shares, the executor may distribute or divide those assets in kind, or divide undivided interests in those assets, or sell all or any part of those assets and distribute or divide te property in cash, in kind, or partly in cash and partly in kind. Property distributed to satisfy a pecuniary gift under this will shall be valued at its fair market value at the time of distribution. This section shall apply only to the extent that it does not conflict with the provisions of the Shirley Chong 2016 Trust.Last Will of Shirley S.M. Chong 4.8 Power to Sell, Lease, and Grant Options to Purchase Property The executor shall have the power to sell, at either public or private sale and with or without notice, lease, and grant options to purchase any real or personal property belonging to my estate, on such terms and conditions as the executor determines to be in the best interest of my estate. 4.9 Payments to Legally Incapacitated Persons If at any time any beneficiary under this will is a minor, or it appears to the executor that any beneficiary is incapacitated, incompetent, or for any other reason not able to receive payments or make intelligent or responsible use of the payments, then the executor, in lieu of making direct payments to the beneficiary, may make payments to the beneficiary's conservator or guardian; to the beneficiary's custodian under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of any state; to the beneficiary's custodian under the California Uniform Transfers to Minors Act until.the beneficiary reaches the age of twenty-five (25) years; to one or more suitable persons as the executor deems proper, such as a relative or a person residing with the beneficiary, to be used for the beneficiary's benefit; to any other person, firm, or agency for services rendered or to be rendered for the beneficiary's assistance or benefit; or to accounts in the beneficiary's name with financial institutions. If there is no custodian then serving or nominated to serve by the testator for a beneficiary, the personal representative or executor, as the case may be, shall designate the custodian. The receipt of payments by any of the foregoing shall constitute a sufficient acquittance of the executor for all purposes.Last Will of Shirley 8.M. Chong ARTICLE FIVE. CONCLUDING PROVISIONS 5.1 Definition of Death Taxes : The term “death taxes,” as used in this will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in my estate or by reason of my death, including penalties and interest, but excluding the following: (a) Any additional tax that may be assessed under Internal Revenue Code Section 2032A. (b) Any federal or state tax imposed on a “generation-skipping transfer,” as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the generation-skipping transfer tax on that transfer is payable directly out of the assets of my gross estate. ‘ 5.2 Payment of Death Taxes Pursuant to the Shirley Chong 2016 Trust executed on October 4, 2016 by Shirley S.M. Chong, as Settlor, all death taxes, whether or not attributable to property inventoried in my probate estate, shall be paid by the trustee from that trust. If that trust does not exist at the time of my death, or if the assets of that trust are insufficient to pay the death taxes in full, I direct the executor to pay any death taxes, whether or not attributable to property inventoried in my probate estate, that cannot be paid by the trustee, by prorating and apportioning those taxes among the persons interested in my estate, as provided in the California Probate Code. 5.3 Simultaneous Death If any beneficiary under this will and I die simultaneously, or if it cannot be established by clear and convincing evidence whether that beneficiary or I died first, I shall be deemed to have survived that beneficiary, and this will shall be construed accordingly.Last Will of Shirley 5.M. Chong 5.4 Survivorship Requirement For purposes of this will, a beneficiary shall not be deemed to have survived me if that beneficiary dies within 30 days after my death, 5.5 Intentional Omission of Children Born or Adopted After Execution of Will Except as otherwise provided in this will, I have intentionally failed to provide in this will for any children born to or adopted by me after the execution of this will. 5.6 Disinheritance of Albert Chong and Dolores Chong T have specifically omitted to make any provision in this will for Albert Chong, my son, and Dolores Chong, my daughter. | intend that they and their issue shall not take any part of my estate passing under this will. - 5.7 No-Contest Clause If any beneficiary under this will, singularly or in combination with any other person or persons, directly or indirectly, and without probable cause challenges the validity of this will on any of the grounds listed below, then the right of that person to take any interest given to him or her by this will shall be void, and any gift or other interest in my estate to which the beneficiary would otherwise have been entitled shall pass as if he or she had predeceased me without issue: (a) Forgery. (b) Lack of due execution. (c) Lack of capacity. (d) Menace, duress, fraud, or undue influence. (e) Revocation pursuant to the terms of this will or applicable law. (f) Disqualification of a beneficiary under California Probate Code section 6112 or 21380.Last Will of Shirley S.M. Chong 5.8 Definition of Incapacity As used in this will, “incapacity” or “incapacitated” means a person operating under a legal disability such as a duly established conservatorship, or a person who is unable to do either of the following: (a) Provide properly for that person's own needs for physical health, food, clothing, or shelter; or (b) Manage substantially that person's own financial resourcés or resist fraud or undue influence. The determination of incapacity shall be made by two physicians. 5.9 Number and Gender As used in this will, references in the masculine gender shal] be deemed to include the feminine and neuter genders, and vice versa, and references to the singular shall be deemed to include the plural, and vice versa, wherever the context so permits, 5.10 Captions The captions appearing in this will are for convenience of reference only and shall be disregarded in determining the meaning and effect of the provisions of this will. 5.11 Severability Clause If any provision of this will is invalid, that provision shall be disregarded, and the remainder of this will shall be construed as if the invalid provision had not been included. 5.12 California Law to Apply All questions concerning the validity and interpretation of this will shall be governed by the laws of the State of California in effect at the time this will is executed. , . Executed on. IQ , at San Francisco, California.Last Will of Shirley $.M. Chong On the date written above, we, the undersigned, each being present at the same time, witnessed the signing of this instrument by Shirley S.M. Chong, who declared to us that this instrument was the will of Shirley S.M. Chong. At that time, Shirley S.M. Chong appeared to us to be of sound mind and memory and, to the best of our knowledge, was not acting under fraud, duress, menace, or undue influence. Understanding this instrument, which consists of eight (8) pages, including the pages on which the signature of Shirley S.M. Chong and our signatures appear, to be the will of Shirley S.M. Chong, we subscribe our names as witnesses thereto. We declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on ( Anh turk 5 GA, atSan Francisco, California. Name: Address: 456 Montgomery Street, Suite 700 San Francisco, California 94104 Name: Lai Fan Venus Cheung Address: 456 Montgomery Street, Suite 700 San Francisco, California 94104