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WOU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-03-2015 8:14 am
’ Case Number: PES-15-298472
Filing Date: Feb-23-2015 8:13
Filed by:
Juke Box: 001 Image: 04813256
GENERIC PROBATE PLEADING
THE ESTATE OF VIVIAN M. STEPHENSON
001P04813256
Instructions:
Please place this sheet on top of the document to be scanned.g 4? 2 FI coils HD
-29 County of San Francisco
Fe 49 JAN 2.8 2015
Ni COURT
BY:
Deputy Clerk
WILL
OF
VIVIAN M. STEPHENSON
NOSE 41.5 2013WILL
OF
VIVIAN M. STEPHENSON
I, VIVIAN M. STEPHENSON, a resident of the City and County of San Francisco,
California, declare that this is my will, and I revoke all my prior wills and codicils.
ARTICLE I
DECLARATIONS REGARDING FAMILY,
AND DISINHERITANCE AND NO-CONTEST CLAUSES
1.1 Marital Status, Community Prope Will Subject to Change, Etc. I am
married to MARGARITA GANDIA, and all references to “MARGARITA” are to her. I confirm
to MARGARITA her interest in our community property, whether my interest in such property
passes under this will or not. I intend by this will to dispose of all my separate property and my
interest in our community and quasi-community property, and I authorize my Executor and
MARGARITA or her successor in interest to make a non-pro rata allocation of our interests in
our community and quasi-community property, including non-probate property. MARGARITA
and I have not contracted either to make wills or not to revoke wills, and nothing shall prevent us
from changing or revoking our wills, before or after the death and without the knowledge or
consent of the other.
1.2 Children. I have no children.
13 Disinheritance Clause. Except as otherwise specified, I have intentionally failed
to provide for my heirs in this will.
14 No-Contest Clause. If any beneficiary under this will in any manner, directly or
indirectly, contests or attacks this will or any of its provisions in any legal or equitable
proceeding that is designed to thwart my wishes as expressed in this will, any share or interest in
my estate given to that contesting beneficiary under this will is revoked and shall be disposed of
as if he or she had predeceased me without issue.
ARTICLE II
EXECUTOR
21 Nomination of Executor. I nominate my spouse, MARGARITA, as executor of
this will. If MARGARITA fails to qualify or ceases to act as executor, I nominate MARTA
DIERINGER as executor, and if MARTA fails to qualify or ceases to act as executor, I nominate
DEBRA J. DOLCH as executor. I request that no bond be required of any executor nominated
under this article. The term “my Executor” includes any personal representative of my estate.2.2 Executor’s Powers. Except as otherwise specifically provided, my Executor
shall have the following powers with respect to my estate in addition to those powers now or
hereafter conferred by law: (a) to sell or exchange (in either a public or a private transaction) or
to lease any property belonging to my estate, with or without notice; (b) to borrow money and to
encumber or hypothecate by mortgage, deed of trust, pledge, or otherwise, any property of my
estate; (c) to invest and reinvest any surplus moneys belonging to my estate in any kind of
property, real, personal, or mixed, and every kind of investment, specifically including, but not
limited to, interest-bearing accounts, corporate obligations of every kind, preferred or common
stocks, shares of investment trusts, investment companies, mutual funds, or common trust funds
(including funds administered by my Executor, if any), and mortgage participations, that persons
of prudence, discretion, and intelligence acquire for their own account; (d) to allocate my federal
generation-skipping transfer tax (GST) exemption to any property with respect to which I am the
transferor for purposes of that tax (whether or not such property is included in my probate estate)
and to exclude any such property from such allocation; (e) to make an election with respect to
my unused exclusion amount under Section 2010(c)(5) of the Internal Revenue Code; (f) to
exercise such additional powers as are given to the Trustee under Section 16200 and following of
the California Probate Code and Article VI of the trust referred to in Section 4.1 of this will,
below; and (g) to administer my estate under the California Independent Administration of
Estates Act. :
ARTICLE It
POWERS OF APPOINTMENT
3.1 Exercise of Powers of Appointment. Article IV, below, shall be deemed to
exercise all my powers of appointment, if ary, but only if the exercise does not cause the
property subject to any such power to be included in my gross estate for federal estate tax
purposes.
ARTICLE IV
DISPOSITION OF ESTATE
After paying my debts, my Executor shall distribute my estate as follows:
4.1 Confirmation of Ownership by Revocable Trust. Earlier this day by an
instrument bearing the same date as this will, MARGARITA and I established the Gandia-
Stephenson Family Trust, and, subject to certain exceptions, transferred and delivered to
. ourselves, as trustees, all property now owned by either or both of us and declared that all
property now or hereafter owned by either or both of us shall be deemed to be owned by either or
both of us as trustee(s) of that trust. I request that my Executor treat all such property owned by
MARGARITA and me at the time of my death as being owned by the trustee(s) of our said trust
and do whatever is necessary to achieve that result, without subjecting the property to probate
administration.
4.2 “Pour-over” to My Revocable Trust.. My Executor shall distribute all property
in my estate not covered by Section 4.1, above, in trust, to the Trustee of the said Gandia-Stephenson Family Trust to be administered as part of that trust, according to its terms on the
date of my death, giving effect to any amendments made to it prior to the date of my death.
4.3 Incorporation of Trust Terms by Reference. If for any reason the above
disposition is ineffective, my Executor shall distribute my estate, in trust, to the Trustee named in
or appointed in accordance with that trust instrument, to be administered according to its terms at
the time this will is executed or republished, which terms in that event are incorporated herein by
reference.
ARTICLE V
GOVERNING LAW
This will shall be construed in accordance with the laws of the State of California and the
United States of America; and unless otherwise indicated all words and phrases used herein shall
have the same meaning as they have in the California Probate, Family, and Civil Codes and the
Internal Revenue Code. Reference to, or incorporation by reference of, any law shall mean such
law as amended from time to time.
Decent, fe
I subscribe my name to this will this / Af day of t, 2013, at San Francisco,
California. “
Testator
avian ‘M- Stephenson
THE FOREGOING INSTRUMENT, consisting of three pages, including the pages
signed by the Testator, VIVIAN M. STEPHENSON, and by cach of us, was today subscribed by
the Testator, and the Testator declared that it is her will and that she knows the contents thereof.
The subscription and declaration were made in our presence, we being present at the same time,
and we, at the Testator’s request, and in the Testator’s presence and in the presence of each
other, sign our names below as witnesses. We declare under penalty of perjury under the laws of
the State of California that the foregoing is true and correct and at the time of signing this will,
the Testator appeared to be of sound and disposing mind and memory and not acting under any
duress, menace, fraud or the undue influence of any person,
Executed at San Francisco, California, on November ll, 2013.
SGarrt 1223, Polk Steet HY
Somnuet (Street Address)
Wine Gawelt San Francie, CA 14109
(Printed Name) (e (City, State and Zip Code)
Cetwine 1K ext 4 Ao Fullon ayt2o
(Signature) (Street Address) 6
‘ Bi . SE, CA, Byizt
Printed Name) (City, State and Zip Code) —_4806-1\1897776v1
Preview
WOU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-03-2015 8:14 am ’ Case Number: PES-15-298472 Filing Date: Feb-23-2015 8:13 Filed by: Juke Box: 001 Image: 04813256 GENERIC PROBATE PLEADING THE ESTATE OF VIVIAN M. STEPHENSON 001P04813256 Instructions: Please place this sheet on top of the document to be scanned.g 4? 2 FI coils HD -29 County of San Francisco Fe 49 JAN 2.8 2015 Ni COURT BY: Deputy Clerk WILL OF VIVIAN M. STEPHENSON NOSE 41.5 2013WILL OF VIVIAN M. STEPHENSON I, VIVIAN M. STEPHENSON, a resident of the City and County of San Francisco, California, declare that this is my will, and I revoke all my prior wills and codicils. ARTICLE I DECLARATIONS REGARDING FAMILY, AND DISINHERITANCE AND NO-CONTEST CLAUSES 1.1 Marital Status, Community Prope Will Subject to Change, Etc. I am married to MARGARITA GANDIA, and all references to “MARGARITA” are to her. I confirm to MARGARITA her interest in our community property, whether my interest in such property passes under this will or not. I intend by this will to dispose of all my separate property and my interest in our community and quasi-community property, and I authorize my Executor and MARGARITA or her successor in interest to make a non-pro rata allocation of our interests in our community and quasi-community property, including non-probate property. MARGARITA and I have not contracted either to make wills or not to revoke wills, and nothing shall prevent us from changing or revoking our wills, before or after the death and without the knowledge or consent of the other. 1.2 Children. I have no children. 13 Disinheritance Clause. Except as otherwise specified, I have intentionally failed to provide for my heirs in this will. 14 No-Contest Clause. If any beneficiary under this will in any manner, directly or indirectly, contests or attacks this will or any of its provisions in any legal or equitable proceeding that is designed to thwart my wishes as expressed in this will, any share or interest in my estate given to that contesting beneficiary under this will is revoked and shall be disposed of as if he or she had predeceased me without issue. ARTICLE II EXECUTOR 21 Nomination of Executor. I nominate my spouse, MARGARITA, as executor of this will. If MARGARITA fails to qualify or ceases to act as executor, I nominate MARTA DIERINGER as executor, and if MARTA fails to qualify or ceases to act as executor, I nominate DEBRA J. DOLCH as executor. I request that no bond be required of any executor nominated under this article. The term “my Executor” includes any personal representative of my estate.2.2 Executor’s Powers. Except as otherwise specifically provided, my Executor shall have the following powers with respect to my estate in addition to those powers now or hereafter conferred by law: (a) to sell or exchange (in either a public or a private transaction) or to lease any property belonging to my estate, with or without notice; (b) to borrow money and to encumber or hypothecate by mortgage, deed of trust, pledge, or otherwise, any property of my estate; (c) to invest and reinvest any surplus moneys belonging to my estate in any kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not limited to, interest-bearing accounts, corporate obligations of every kind, preferred or common stocks, shares of investment trusts, investment companies, mutual funds, or common trust funds (including funds administered by my Executor, if any), and mortgage participations, that persons of prudence, discretion, and intelligence acquire for their own account; (d) to allocate my federal generation-skipping transfer tax (GST) exemption to any property with respect to which I am the transferor for purposes of that tax (whether or not such property is included in my probate estate) and to exclude any such property from such allocation; (e) to make an election with respect to my unused exclusion amount under Section 2010(c)(5) of the Internal Revenue Code; (f) to exercise such additional powers as are given to the Trustee under Section 16200 and following of the California Probate Code and Article VI of the trust referred to in Section 4.1 of this will, below; and (g) to administer my estate under the California Independent Administration of Estates Act. : ARTICLE It POWERS OF APPOINTMENT 3.1 Exercise of Powers of Appointment. Article IV, below, shall be deemed to exercise all my powers of appointment, if ary, but only if the exercise does not cause the property subject to any such power to be included in my gross estate for federal estate tax purposes. ARTICLE IV DISPOSITION OF ESTATE After paying my debts, my Executor shall distribute my estate as follows: 4.1 Confirmation of Ownership by Revocable Trust. Earlier this day by an instrument bearing the same date as this will, MARGARITA and I established the Gandia- Stephenson Family Trust, and, subject to certain exceptions, transferred and delivered to . ourselves, as trustees, all property now owned by either or both of us and declared that all property now or hereafter owned by either or both of us shall be deemed to be owned by either or both of us as trustee(s) of that trust. I request that my Executor treat all such property owned by MARGARITA and me at the time of my death as being owned by the trustee(s) of our said trust and do whatever is necessary to achieve that result, without subjecting the property to probate administration. 4.2 “Pour-over” to My Revocable Trust.. My Executor shall distribute all property in my estate not covered by Section 4.1, above, in trust, to the Trustee of the said Gandia-Stephenson Family Trust to be administered as part of that trust, according to its terms on the date of my death, giving effect to any amendments made to it prior to the date of my death. 4.3 Incorporation of Trust Terms by Reference. If for any reason the above disposition is ineffective, my Executor shall distribute my estate, in trust, to the Trustee named in or appointed in accordance with that trust instrument, to be administered according to its terms at the time this will is executed or republished, which terms in that event are incorporated herein by reference. ARTICLE V GOVERNING LAW This will shall be construed in accordance with the laws of the State of California and the United States of America; and unless otherwise indicated all words and phrases used herein shall have the same meaning as they have in the California Probate, Family, and Civil Codes and the Internal Revenue Code. Reference to, or incorporation by reference of, any law shall mean such law as amended from time to time. Decent, fe I subscribe my name to this will this / Af day of t, 2013, at San Francisco, California. “ Testator avian ‘M- Stephenson THE FOREGOING INSTRUMENT, consisting of three pages, including the pages signed by the Testator, VIVIAN M. STEPHENSON, and by cach of us, was today subscribed by the Testator, and the Testator declared that it is her will and that she knows the contents thereof. The subscription and declaration were made in our presence, we being present at the same time, and we, at the Testator’s request, and in the Testator’s presence and in the presence of each other, sign our names below as witnesses. We declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and at the time of signing this will, the Testator appeared to be of sound and disposing mind and memory and not acting under any duress, menace, fraud or the undue influence of any person, Executed at San Francisco, California, on November ll, 2013. SGarrt 1223, Polk Steet HY Somnuet (Street Address) Wine Gawelt San Francie, CA 14109 (Printed Name) (e (City, State and Zip Code) Cetwine 1K ext 4 Ao Fullon ayt2o (Signature) (Street Address) 6 ‘ Bi . SE, CA, Byizt Printed Name) (City, State and Zip Code) —_4806-1\1897776v1