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Case Number: PES-05-286931
Filing Date: Feb-25-2005 3:10
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GENERIC PROBATE PLEADING
THE ESTATE OF AVIA PETERS
001P01146337
Instructions:
Please place this sheet on top of the document to be scanned.25
26
C ¢
EDWARD WINSLOW, ESQ. (SBN 78608)
Law Office of Edward Winslow San Francisco
220 Montgomery St., #910
San Francisco, CA 94104
Telephone: (415) 421-3358
Attorneys for Objectors, Terry V. Santos and Tomas Tidty.
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
NO, PES-05-286931
CONTEST TO APPOINTMENT
OF SAN FRANCISCO PUBLIC
ADMINISTRATOR AS PERSONAL
In re the Estate of: )
)
)
) REPRESENTATIVE
)
)
AVIA PETERS
Date: March 2, 2005
Time: 9:00 a.m.
Dept.: Probate
Contestants, Terry V. Santos and Tomas Ticao, are persons interested in
the Estate of Avia Peters, as both are beneficiaries under the September 9,
1997, will of the decedent. Such will nominates Contestant, Terry V. Santos as
Executor, Contestants oppose the appointment of the San Francisco Public
Administrator on the following grounds:
1. Probate Code Section 8420 provides the person named as executor under the
decedent's will has the right to appointment as personal representative.
Contestant, Terry V. Santes, is named as executor in the decedent’s September
9, 1997, will. Such right supercedes any right of the Public Administrator to
appointment as Personal Representative.
2. Contestant, Terry V. Santos, has concurrently herewith filed her Petition
for Probate of the decedent’s September 9, 1997, will and to be appointed
executor. Contestant will serve notice of the hearing of such Petition in the
1
CONTEST OF APPOINTMENT OF SAN FRANCISCO PUBLIC ADMINISTRATOR
AS_PERSONAL REPRESENTATIVEC C
manner provided in Probate Code Section 8110-8113. Copies of such Petition
and Notice are attached as exhibits to this Contest.
3. Contestants request that the court hear the Petition of Contestant, Terry
Vv. Santos, and the Petition of the San Francisco Public Administrator both
Petitions for appointment of a personal representative together at the time
Contestant’s Petition is set for hearing as provided in Probate Code Section
8004 (a).
WHEREFORE, Contestants pray that the court:
1. Deny the San Francisco Public Administrator’s Petition for Appointment as
Administrator of the Estate of Avia Peters, and for Issuance of Letters of
Administration.
Dated: February AY, 2005 — Gout Wad
Edward Winslow,
Attorney for Contestants,
Terry V. Santos and
Tomas Ticao25
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C C
VERIFICATION
I, Terry V. Santos am one of the Contestants herein. I have read the foregoing
Contest to Appointment of San Francisco Public Administrator as Personal
Representative and know the contents thereof. The same is true of my own
knowledge, except as to those matters which are therein stated on information
and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and
correct.
Executed on rebruarydY, 2005, at San one California.
Terry V. Santos25
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VERIFICATION
I, Tomas Ticao am one of the Contestants herein. I have read the foregoing
Contest to Appointment of San Francisco Public Administrator as Personal
Representative and know the contents thereof. The same is true of my own
knowledge, except as to those matters which are therein stated on information
and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and
correct.
Executed on February24, 2005, at San Franci
lo, California.
Tomas TicaoATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State bar number, and adores): TELEPHONE ANO FAX NOS.: DE-12t
Edward Winslow SBn 78608
220 Montgomery St. #910
San Francisco, CA 94104
ATTORNEY FOR (Names: Petitioner, Te!
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
STREET ADDRESS: 400 McAllister St.
MAILING ADDRESS:
CIty AND ZIP. CODE: San Francisco, CA 94102
BRANCH NAME:
ESTATE OF (Name):
AVIA PETERS
CASE NUMBER:
NOTICE OF PETITION TO ADMINISTER ESTATE
OF (Name): AVIA PETERS . PES-05-286931
4. Toalt heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both,
of (specify all names by which decedent was known).
AVIA PETERS
2. APETITION FOR PROBATE has been filed by (name of petitioner): Terry V. Santos
in the Superior Court of California, County of (specify): San Francisco
3... THE PETITION FOR PROBATE requests that (name):
be appointed as personal representative to administer the estate of the decedent.
4, [7] THE PETITION requests the decedent's will and codicils, if any, be admitted to probate. The will and any codicils are ,
avaitable for examination in the file kept by the court.
5. [7] THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This
. authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain
very important actions, however, the persona! representative will be required to give notice to interested persons unless they
have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an
interested person files an objection to the petition and shows good cause why the court should not grant the authority.
6. AHEARING on the petition will be held on
a. Date: Mota 23 lab Time: 4"90 Aw Dept: Dole > Room:
b. Address of cout FZ] sameasnoted above [_] other (specify):
7. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections
with the court before the hearing. Your appearance may be in person or by your attorney.
8 IF YOU AREA CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the
personal repr ive appointed by the court within four months from the date of first issuance of letters as provided in Probate
Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above.
9. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for
Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petitian or account as provided in
Probate Code section 1250. A Request for Special Notice form is available from the court clerk.
10. [J Petitioner [7] Attomey for petitioner (name): Edward Winslow
(Address): 220 Montgomery St. #910 San Francisco, CA 94104
(Telephone): (415) 421-3358 (S
(signaTure oF [| peTimioner [y/] ATTORNEY FoR PETITIONER
NOTE: If this notice Is published, print the caption, beginning with the words NOTICE OF PETITION, and do not print the information from the form
above the caption. The caption and decedent's name must be printed in at least 8-point type and the text In at least -point type. Print the case number
as part of the caption, Print items preceded by a ‘box only if the box Is checked. Do not print the italicized instructions in parentheses, the paragraph
numbers, the mailing information, or the material on the reverse.
(Continued on reverse)
88 FT
Ee See Chiara NOTICE OF PETITION TO ADMINISTER ESTATE Probate Code, § 8100
DE-121 [Rev January 1, 1998) (Probate)
www.accessiaw.comC C
ESTATE OF (Name): CASE NUMBER:
AVIA PETERS PES-05-286931
DECEDENT
PROOF OF SERVICE BY MAIL
4. 1am over the age of 18 and not a party to this cause. ! am a resident of or employed in the county where the mailing occurred.
2. My residence or business address is (specify):
3. [served the foregoing Notice of Petition to Administer Estate on each person named below by enclosing a copy in an envelope
addressed as shown below AND
a. [__} depositing the sealed envelope with the United States Postal Service with the postage fully prepaid.
b. [__] placing the envelope for collection and maiting on the date and at the place shown in item 4 following our ordinary business
practices. | am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the
same day that correspondence Is placed for collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service in a sealed envelope with postage fully prepaid.
4. a. Date of deposit: b. Place of deposit (city and state):
5. [_] I served with the Notice of Petition to Administer Estate a copy of the petition and other documents referred to in the notice.
I declare under penaity of perjury under the laws of the State of California that the foregoing ts true and correct.
Date:
seossccttee sega gaauangagay eee
‘(HVPE OF PRINT RAMEY {SIGNATURE OF DECLARANT)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
[1 List of names and addresses continued in attachment.
ewe
DE-121 [Rev. January 1, 1998] NOTICE OF PETITION TO ADMINISTER ESTATE Pageewo
{Probate}a
“
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and actress}:
Edward Winslow S8n 78608
Law Office of Edward Winslow
220 Montgomery St. #910
San Francisco, CA 94104
TELEPHONE NO: (415) 421-3358 FAXNO. COptonan: (415) 421-1254
E-MAIL ADORESS (Optional):
ATTORNEY FOR (Nene: Petitioner, Terry V. Santos
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
srectaporess: 400 McAllister St.
MAILING ADDRESS:
crryaxozecoce: San Francisco, CA 94102
BRANCH NAME:
ESTATE OF (Name): AVIA PETERS
‘FOR COURT USE ONLY
Probate of Will and for Letters Testamentary
Probate of Will and for Letters of Administration with
Will Annexed
(1) Letters of Administration
[1 Letters of Speciat Administration [_] with general powers
1 Authorization to Administer Under the Independent .
Administration of Estates Act [_] with IImited authority
1. Publication will be in (specify name of newspaper):
a. C1] Publication requested.
b. GZ] Publication to be arranged.
2. Petitioner (name each): Terry V. Santos requests that
a. GZ] decedent's will and codicils, if any, be admitted to probate.
b. GZ] (name): Terry V. Santos
be appointed
(1) G22 executor.
(2) C22 administrator with wil annexed
(3) (J administrator
(4) (] special administrator [—] with general powers
and Letters Issue upon qualification.
ce. (21 full £7] [imited authority be granted to administer under the Independent Administration of Estates Act.
d. (1) G21 bond not be required for the reasons stated in item 4d. .
(2) Co s bond be fixed. The bond will be furnished by an admitted surety insurer or as
otherwise provided by !aw. (Specify reasons in Attachment 2 if the amount is different from the maximum
required by Prob. Code, § 6482.)
@ Co s in deposits in a blocked account be allowed. Receipts will be filed.
(Specify institution and location): -
PETITION FoR GZ)
oo
CASE NUMBER:
PES-05-286931
3. a. Estimated value of the estate for filing fee purposes (Complete in all cases, The estimated value of the estate is the fair
market value of the real and personal property of the estate at the date of the decedent's death, without reduction for
encumbrances, See Gov. Code, § 26827,):
(1) [2] Less than $250,000 (6) (J Atleast $1.5 million and less than $2 milion
(2) ] Atleast $250,000 and less than $500,000 (7) [1 Atteast $2 million and less than $2.5 million
(3) GZ] Atleast $500,000 and less than $750,000 (8) 1 Atleast $2.5 million and less than $3.5 million
(4) [1 Atleast $750,000 and tess than $1 million (9) CO s .
(5) [C_] Atleast $4 milion and less than $1.5 million * (For estates of $3.5 million or more, specify total
estimated value of estate.)
b. [2] This petition is not the first petition for appointment of a personal representative with general powers filed in this
proceeding. The first petition was filed on (date): anyory 24 / LOOS page tora
Form Adopted for Mandatory Uta PETITION FOR PROBATE Probate Code, §§ 8002, 10450,
Dettmer sonony 12005) (Probate—Decedents Estates) Coe § 25827
www.accessiaw.com4, a Decedent died on (date): December 14, 2004 at (place): 753 - 4th Ave. San Francisco, CA 94118
(1) GZ aresident of the county named above.
(2) [1] anonresident of Catifornia and left an estate in the county named above located at (specify location
permitting publication in the newspaper named in item 1):
Street address, city, and county of decedent's residence at time of death (specify):
753 - 4th Ave. San Francisco, CA 94118
Character and estimated value of the property of the estate (complete in all cases):
(1) Personal property: $ 500,000.00
(2) Annual gross income from
(a) real property: $
(©) personal property: $ est. 5,000.00
(3) Subtotal (add (1) and (2)): $ 505,000.00
(4) Gross fair market value of real property: $
(5) (Less) Encumbrances: $( )
(6) Net value of real property: $
(7) Total (add (3) and (6):
$ 505,000.00
. 1) LZ) wit waives bond. Oo Special administrator is the named executor, and the will waives bond.
(2) [) Attbeneficiaries are adults and have waived bond, and the will does not require a bond.
(Affix waiver as Attachment 4d(2).)
(3) [1 Allheirs at taw are adults and have waived bond. (Affix waiver as Attachment 4d(3).)
(4) [1] Sole personal representative Is a corporate fiduciary or an exempt government agency.
. (1) C1 decedent died intestate.
(2) C21 Copy ofdecedent’s wilt dated: September 9, 1997 [_] codicil dated (specify for each):
are affixed as Attachment 4e(2),
(include typed copies of handwritten documents and English translations of foreign-language documents.)
=) The wilt and all codicils are self-proving (Prob. Code, § 8220).
. Appointment of personal representative (check all applicable boxes):
(1) Appointment of executor or administrator with will annexed:
(a) (1 Proposed executor is named as executor in the will and consents to act.
(>) (2) Noexecutoris named in the will,
(c) [1 Proposed persona! representative is a nominee of a person entitled to Letters.
{Affix nomination as Attachment 4f(1)(c),)
(6) £1 other named executors will not act because of [—] death [J dectination
[) other reasons (specify): :
(1 Continued in Attachment 4f(1)(4).
(2) Appointment of administrator.
(a) [1 Petitioner is a person entitled to Letters. (if necessary, explain priority in Attachment 4f(2){a).)
(e) [-] Petitioneris a nominee of a person entitled to Letters. (Affix nomination as Attachment 4f(2)(b).)
{c) [£-] Petitioner is related to the decedent as (specify):
(3) (1 Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 4f(3).)
ee
DEATH Rew done 1, 2008 PETITION FOR PROBATE Payeazoss
{Probate—Decedents Estates)ESTATE OF (Name): AVIA PETERS. CASE NUMBER:
PES-05-286931
DECEDENT
4, g. Proposed personal representative is a
LZ resident of Califomia.
[) renresident of Califomia (specify permanent address):
£1 resident of the United States.
(1 nonresident of the United States.
5. GZ) Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act
6. a. Decedentis survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))
(1) (2) spouse. ,
(2) E27 no spouse as follows:
(a) (1 divorced or never married.
(v) GZ1 spouse deceased.
(3) [21 registered domestic partner.
(4) [) no registered domestic partner.
(See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)
{5) [2] child as follows:
(a) 1 natura or adopted.
(o) (3 natural adopted by a third party.
(6) G21 nochita,
(7) (-] issue of a predeceased child,
(8) G2) no issue of a predeceased child.
b. Decedent [77] is GZ] isnot 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) .
7. (Complete if decedent is survived by (1) @ spouse or registered ‘domestic partner but no issue (only a or b apply),
or (2) na spouse, registered domestic partner, or issue. (Check the first box that applies):
21 decedent is survived by a parent or parents who are listed in item 9.
Decedent is survived by issue of deceased parents, all of whom are listed in item 9.
(1 bDecedentis survived by a grandparent or grandparents who are listed in item 9.
[) Decedent is survived by Issue of grandparents, all of whom are listed in item 9.
(1 Decedent is survived by issue of a predeceased spouse, all of whom are listed in item 9.
[1 Decedentis survived by next of kin, all of whom are listed in tem 9.
[-] Decedent is survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
whom are fisted in item 9.
h. C1 Decedentis survived by no known next of kin,
8, (Complete only if no spouse or issue survived decedent.)
a. [21 Decedent had no predeceased spouse.
b. [71 Decedent had a predeceased spouse who .
(1) (21 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) [1 Decedentis survived by issue of a predeceased spouse, all of whom are listed in item 9.
(b) {_] Decedent is survived by a parent or parents of the predeceased spouse who are listed in item 9.
(c) [1 Decedent is survived by issue of a parent of the predeceased spouse, all of whom are listed in item 9.
(4) [2] Decedent is survived by next of kin of the decedent, all of whom are listed In item 9.
(e) [] Decedent is survived by next ofkin of the predeceased spouse, all of whom are listed in item 9.
(3) G21 neither (1) nor (2) apply.
eneanre
OE
Page Sota
‘DE+111 (Rev. January 1, 2005)
PETITION FOR PROBATE
(Probate—Decedents Estates)ESTATE OF (Name): AVIA PETERS (CASE NUMBER:
PES-05-286931
: OECEDENT
9. Listed below 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, 6, 7, and 8; 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.
Name and relationship to decedent Age Address
1. Terry V. Santos, "2525 Bantry Lane
Beneficiary under Will adult South San Francisco, CA 94134
2. Tomas Ticao, 558 Campbell Ave.
Beneficiary under Will "adult San Francisco, CA 94134
3. Office of the Attorney General - 1300 "I" St. P.O. Box 944255
Sacramento, CA 94244-2550
4. Office of the Attorney General : 455 Golden Gate Ave.
San Francisco, CA 94102-7004
[1] Continued on Attachment 9.
10. Number of pages attached: _0
Date: February 1 2005
Edward Winstow > Yt elf! by
(IVPE OR PRINT NAME OF ATTORNEY } {SIGNATURE OF ATTORNEY)"
* (Signatures of all petitoners ave aso required, ‘Al pettioners must sign, Dut ine pettion may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal Rules of Court, rte 7.103})
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: February, 2005
+ Terry V. Santos b &
(TYPE OR PRINT NAME OF PETITIONER) (GIGNATURE OF PETITIONER)
(TYPE OR PRINT NAME OF PETITIONER) {SIGNATURE OF PETITIONER}
[1 Signatures of additional petitioners follow last attachment.
ee
Dest Rev. Jerry 1. 20051 PETITION FOR PROBATE Pagedot
(Probate—Decedents Estates)1 LAST WILL AND TESTAMENT
2 , OF /
3 , AVIA PETERS
4
I, AVIA PETERS, now residing at 753 - 4th Avenue, in the city and county of San
Francisco, state of California, being of sound mind and not'acting under the undue influence of any
person, do make, publish as, and declare this my LAST WILL AND TESTAMENT and I hereby
revoke all other wills and codicils to wills heretofore made by me.
FIRST: Ihereby direct my Executrix, hereinafter named, to pay all my just debts not
otherwise barred by the Statute of ‘Limitations, expenses ‘of last illness, funeral expenses, and
expenses of the administration of my estate, as soon as can lawfully and conveniently be done
SECOND: I declare that 1am a widow who once was married to the late Oliver Peters. We
had no children from our relationship and ] have never had any children.
THIRD: 1 give, bequeath end devise my entire estate to TERRY V. SANTOS and:
TOMAS L. TICAO, share and share alike.
EQURTE: I nominate and appoist TERRY Y. SANTOS as Exeoutnix of this Will to serve
without bond. If she shall for any reason be unable or unwilling to so serve, thenT nominate end
1 appoint TOMAS L. TICAO as successor Executor. to serve without bond. to act in her stead. with
tne same rights and powers set forth below.
! . . .
t I authorize my Executrix: to seli. at either public or private sale, a7
.
{ estate, either with or without notice. subject to such confirmation as may be required by law. and to
noit, manat:. leas: ant operate any such properr:. My Executri: mat,. 2t ths option c7 in her sole
Attachment 4(e}2C C
discretion, retain any securities, properties or other investments which ] own at my death; and,.on the
preliminary or final distribution of the property, allot and distribute my estate in kind, including
individual interests in my estate or any part of it, or partly in cash or partly in kind, or entirely in cash.
I further authorize my Executrix to exercise at such times and in such manner as said
Executrix shall deem appropriate any rights of election of other rights which may from time to time
be available to my Executrix under the provisions of the Internal Revenue Code and any other tax
laws, including without being limited to, the power to make such decisions as my Executrix may
deem appropriate under all the circumstance (regardless of whether the decision in the particular case
may be the most advantageous one from the point of view of my estate, as an entity) in respect of the
claiming of expensés or to his i items 2 as deductions for estate tax purposes, or for other income tax
purposes, the filing on income, gift or other tax refunds and the payment of any taxes or r collections of
any refinds relative to any such adjustments and transfers, if any, as between; the principal account
and the income account as my Executrix, in his ‘absolute discretion, shall deem proper. J exonerate
| my Executrix from aii liability for any such election and direct that no beneficiary shell have eny ciaim
against my Executrix or my estate by reason of the exercise by my Executrix of such discretion.
"IN WITNESS WHEREOF, [have he
1997, in San Francisco, California. oe MN A
se . Mo Fee Ce c
ry eet
CotoRet my hand this —\h day sng 2 eat «
AVIA PETERS
Tne foregoing instrument, consisting of thres £ 3) pages, including the page signed i pvus:
witnesses. was signed on the above date by the Jestariz:. AVLA PETERS in.our presence. we being. |
presen: at the same time: and he then deciared to us thar such instrument was nev Las? Wil: and, we.
Atzachment 4(2)21] at the Testatrix's request and in her presence and in the presence of each other, have signed such
2'|| instruments as witnesses.
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Attachment 4f242PROOF OF SERVICE BY MAIL
I declare that I am employed in the City and County of San Francisco,
California. I am over the age of eighteen years and not a party to the within
cause; my business address is 220 Montgomery St. #910 San Francisco, CA 94104.
On February 24, 2005, I served the within CONTEST TO APPOINTMENT OF SAN
FRANCISCO PUBLIC ADMINISTRATOR AS PERSONAL REPRESENTATIVE in said cause, by
placing a true copy thereof enclosed in a sealed envelope with postage prepaid,
in the United States mail at San Francisco, California, addressed as follows:
Jonathan Ferdon, Esq.
Office of ths San Francisco Public Administrator
875 Stevenson St., Third Floor
San Francisco, CA 94103
I declare under penalty of perjury that the foregoing is true and correct
and that this declaration was executed on February 24, 2005, at San Francisco,
California.
Edward Winslow
Preview
San Francisco Superior Courts {nformation Technology Group Document Scanning Lead Sheet Feb-28-2005 3:10 pm Case Number: PES-05-286931 Filing Date: Feb-25-2005 3:10 Juke Box: 001 Image: 01146337 GENERIC PROBATE PLEADING THE ESTATE OF AVIA PETERS 001P01146337 Instructions: Please place this sheet on top of the document to be scanned.25 26 C ¢ EDWARD WINSLOW, ESQ. (SBN 78608) Law Office of Edward Winslow San Francisco 220 Montgomery St., #910 San Francisco, CA 94104 Telephone: (415) 421-3358 Attorneys for Objectors, Terry V. Santos and Tomas Tidty. SUPERIOR COURT OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO NO, PES-05-286931 CONTEST TO APPOINTMENT OF SAN FRANCISCO PUBLIC ADMINISTRATOR AS PERSONAL In re the Estate of: ) ) ) ) REPRESENTATIVE ) ) AVIA PETERS Date: March 2, 2005 Time: 9:00 a.m. Dept.: Probate Contestants, Terry V. Santos and Tomas Ticao, are persons interested in the Estate of Avia Peters, as both are beneficiaries under the September 9, 1997, will of the decedent. Such will nominates Contestant, Terry V. Santos as Executor, Contestants oppose the appointment of the San Francisco Public Administrator on the following grounds: 1. Probate Code Section 8420 provides the person named as executor under the decedent's will has the right to appointment as personal representative. Contestant, Terry V. Santes, is named as executor in the decedent’s September 9, 1997, will. Such right supercedes any right of the Public Administrator to appointment as Personal Representative. 2. Contestant, Terry V. Santos, has concurrently herewith filed her Petition for Probate of the decedent’s September 9, 1997, will and to be appointed executor. Contestant will serve notice of the hearing of such Petition in the 1 CONTEST OF APPOINTMENT OF SAN FRANCISCO PUBLIC ADMINISTRATOR AS_PERSONAL REPRESENTATIVEC C manner provided in Probate Code Section 8110-8113. Copies of such Petition and Notice are attached as exhibits to this Contest. 3. Contestants request that the court hear the Petition of Contestant, Terry Vv. Santos, and the Petition of the San Francisco Public Administrator both Petitions for appointment of a personal representative together at the time Contestant’s Petition is set for hearing as provided in Probate Code Section 8004 (a). WHEREFORE, Contestants pray that the court: 1. Deny the San Francisco Public Administrator’s Petition for Appointment as Administrator of the Estate of Avia Peters, and for Issuance of Letters of Administration. Dated: February AY, 2005 — Gout Wad Edward Winslow, Attorney for Contestants, Terry V. Santos and Tomas Ticao25 26 C C VERIFICATION I, Terry V. Santos am one of the Contestants herein. I have read the foregoing Contest to Appointment of San Francisco Public Administrator as Personal Representative and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and as to those matters, I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed on rebruarydY, 2005, at San one California. Terry V. Santos25 26 C C VERIFICATION I, Tomas Ticao am one of the Contestants herein. I have read the foregoing Contest to Appointment of San Francisco Public Administrator as Personal Representative and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein stated on information and belief, and as to those matters, I believe it to be true. I declare under penalty of perjury that the foregoing is true and correct. Executed on February24, 2005, at San Franci lo, California. Tomas TicaoATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State bar number, and adores): TELEPHONE ANO FAX NOS.: DE-12t Edward Winslow SBn 78608 220 Montgomery St. #910 San Francisco, CA 94104 ATTORNEY FOR (Names: Petitioner, Te! SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco STREET ADDRESS: 400 McAllister St. MAILING ADDRESS: CIty AND ZIP. CODE: San Francisco, CA 94102 BRANCH NAME: ESTATE OF (Name): AVIA PETERS CASE NUMBER: NOTICE OF PETITION TO ADMINISTER ESTATE OF (Name): AVIA PETERS . PES-05-286931 4. Toalt heirs, beneficiaries, creditors, contingent creditors, and persons who may otherwise be interested in the will or estate, or both, of (specify all names by which decedent was known). AVIA PETERS 2. APETITION FOR PROBATE has been filed by (name of petitioner): Terry V. Santos in the Superior Court of California, County of (specify): San Francisco 3... THE PETITION FOR PROBATE requests that (name): be appointed as personal representative to administer the estate of the decedent. 4, [7] THE PETITION requests the decedent's will and codicils, if any, be admitted to probate. The will and any codicils are , avaitable for examination in the file kept by the court. 5. [7] THE PETITION requests authority to administer the estate under the Independent Administration of Estates Act. (This . authority will allow the personal representative to take many actions without obtaining court approval. Before taking certain very important actions, however, the persona! representative will be required to give notice to interested persons unless they have waived notice or consented to the proposed action.) The independent administration authority will be granted unless an interested person files an objection to the petition and shows good cause why the court should not grant the authority. 6. AHEARING on the petition will be held on a. Date: Mota 23 lab Time: 4"90 Aw Dept: Dole > Room: b. Address of cout FZ] sameasnoted above [_] other (specify): 7. IF YOU OBJECT to the granting of the petition, you should appear at the hearing and state your objections or file written objections with the court before the hearing. Your appearance may be in person or by your attorney. 8 IF YOU AREA CREDITOR or a contingent creditor of the deceased, you must file your claim with the court and mail a copy to the personal repr ive appointed by the court within four months from the date of first issuance of letters as provided in Probate Code section 9100. The time for filing claims will not expire before four months from the hearing date noticed above. 9. YOU MAY EXAMINE the file kept by the court. If you are a person interested in the estate, you may file with the court a Request for Special Notice (form DE-154) of the filing of an inventory and appraisal of estate assets or of any petitian or account as provided in Probate Code section 1250. A Request for Special Notice form is available from the court clerk. 10. [J Petitioner [7] Attomey for petitioner (name): Edward Winslow (Address): 220 Montgomery St. #910 San Francisco, CA 94104 (Telephone): (415) 421-3358 (S (signaTure oF [| peTimioner [y/] ATTORNEY FoR PETITIONER NOTE: If this notice Is published, print the caption, beginning with the words NOTICE OF PETITION, and do not print the information from the form above the caption. The caption and decedent's name must be printed in at least 8-point type and the text In at least -point type. Print the case number as part of the caption, Print items preceded by a ‘box only if the box Is checked. Do not print the italicized instructions in parentheses, the paragraph numbers, the mailing information, or the material on the reverse. (Continued on reverse) 88 FT Ee See Chiara NOTICE OF PETITION TO ADMINISTER ESTATE Probate Code, § 8100 DE-121 [Rev January 1, 1998) (Probate) www.accessiaw.comC C ESTATE OF (Name): CASE NUMBER: AVIA PETERS PES-05-286931 DECEDENT PROOF OF SERVICE BY MAIL 4. 1am over the age of 18 and not a party to this cause. ! am a resident of or employed in the county where the mailing occurred. 2. My residence or business address is (specify): 3. [served the foregoing Notice of Petition to Administer Estate on each person named below by enclosing a copy in an envelope addressed as shown below AND a. [__} depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [__] placing the envelope for collection and maiting on the date and at the place shown in item 4 following our ordinary business practices. | am readily familiar with this business’ practice for collecting and processing correspondence for mailing. On the same day that correspondence Is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 4. a. Date of deposit: b. Place of deposit (city and state): 5. [_] I served with the Notice of Petition to Administer Estate a copy of the petition and other documents referred to in the notice. I declare under penaity of perjury under the laws of the State of California that the foregoing ts true and correct. Date: seossccttee sega gaauangagay eee ‘(HVPE OF PRINT RAMEY {SIGNATURE OF DECLARANT) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED [1 List of names and addresses continued in attachment. ewe DE-121 [Rev. January 1, 1998] NOTICE OF PETITION TO ADMINISTER ESTATE Pageewo {Probate}a “ "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and actress}: Edward Winslow S8n 78608 Law Office of Edward Winslow 220 Montgomery St. #910 San Francisco, CA 94104 TELEPHONE NO: (415) 421-3358 FAXNO. COptonan: (415) 421-1254 E-MAIL ADORESS (Optional): ATTORNEY FOR (Nene: Petitioner, Terry V. Santos SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco srectaporess: 400 McAllister St. MAILING ADDRESS: crryaxozecoce: San Francisco, CA 94102 BRANCH NAME: ESTATE OF (Name): AVIA PETERS ‘FOR COURT USE ONLY Probate of Will and for Letters Testamentary Probate of Will and for Letters of Administration with Will Annexed (1) Letters of Administration [1 Letters of Speciat Administration [_] with general powers 1 Authorization to Administer Under the Independent . Administration of Estates Act [_] with IImited authority 1. Publication will be in (specify name of newspaper): a. C1] Publication requested. b. GZ] Publication to be arranged. 2. Petitioner (name each): Terry V. Santos requests that a. GZ] decedent's will and codicils, if any, be admitted to probate. b. GZ] (name): Terry V. Santos be appointed (1) G22 executor. (2) C22 administrator with wil annexed (3) (J administrator (4) (] special administrator [—] with general powers and Letters Issue upon qualification. ce. (21 full £7] [imited authority be granted to administer under the Independent Administration of Estates Act. d. (1) G21 bond not be required for the reasons stated in item 4d. . (2) Co s bond be fixed. The bond will be furnished by an admitted surety insurer or as otherwise provided by !aw. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, § 6482.) @ Co s in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location): - PETITION FoR GZ) oo CASE NUMBER: PES-05-286931 3. a. Estimated value of the estate for filing fee purposes (Complete in all cases, The estimated value of the estate is the fair market value of the real and personal property of the estate at the date of the decedent's death, without reduction for encumbrances, See Gov. Code, § 26827,): (1) [2] Less than $250,000 (6) (J Atleast $1.5 million and less than $2 milion (2) ] Atleast $250,000 and less than $500,000 (7) [1 Atteast $2 million and less than $2.5 million (3) GZ] Atleast $500,000 and less than $750,000 (8) 1 Atleast $2.5 million and less than $3.5 million (4) [1 Atleast $750,000 and tess than $1 million (9) CO s . (5) [C_] Atleast $4 milion and less than $1.5 million * (For estates of $3.5 million or more, specify total estimated value of estate.) b. [2] This petition is not the first petition for appointment of a personal representative with general powers filed in this proceeding. The first petition was filed on (date): anyory 24 / LOOS page tora Form Adopted for Mandatory Uta PETITION FOR PROBATE Probate Code, §§ 8002, 10450, Dettmer sonony 12005) (Probate—Decedents Estates) Coe § 25827 www.accessiaw.com4, a Decedent died on (date): December 14, 2004 at (place): 753 - 4th Ave. San Francisco, CA 94118 (1) GZ aresident of the county named above. (2) [1] anonresident of Catifornia and left an estate in the county named above located at (specify location permitting publication in the newspaper named in item 1): Street address, city, and county of decedent's residence at time of death (specify): 753 - 4th Ave. San Francisco, CA 94118 Character and estimated value of the property of the estate (complete in all cases): (1) Personal property: $ 500,000.00 (2) Annual gross income from (a) real property: $ (©) personal property: $ est. 5,000.00 (3) Subtotal (add (1) and (2)): $ 505,000.00 (4) Gross fair market value of real property: $ (5) (Less) Encumbrances: $( ) (6) Net value of real property: $ (7) Total (add (3) and (6): $ 505,000.00 . 1) LZ) wit waives bond. Oo Special administrator is the named executor, and the will waives bond. (2) [) Attbeneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment 4d(2).) (3) [1 Allheirs at taw are adults and have waived bond. (Affix waiver as Attachment 4d(3).) (4) [1] Sole personal representative Is a corporate fiduciary or an exempt government agency. . (1) C1 decedent died intestate. (2) C21 Copy ofdecedent’s wilt dated: September 9, 1997 [_] codicil dated (specify for each): are affixed as Attachment 4e(2), (include typed copies of handwritten documents and English translations of foreign-language documents.) =) The wilt and all codicils are self-proving (Prob. Code, § 8220). . Appointment of personal representative (check all applicable boxes): (1) Appointment of executor or administrator with will annexed: (a) (1 Proposed executor is named as executor in the will and consents to act. (>) (2) Noexecutoris named in the will, (c) [1 Proposed persona! representative is a nominee of a person entitled to Letters. {Affix nomination as Attachment 4f(1)(c),) (6) £1 other named executors will not act because of [—] death [J dectination [) other reasons (specify): : (1 Continued in Attachment 4f(1)(4). (2) Appointment of administrator. (a) [1 Petitioner is a person entitled to Letters. (if necessary, explain priority in Attachment 4f(2){a).) (e) [-] Petitioneris a nominee of a person entitled to Letters. (Affix nomination as Attachment 4f(2)(b).) {c) [£-] Petitioner is related to the decedent as (specify): (3) (1 Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 4f(3).) ee DEATH Rew done 1, 2008 PETITION FOR PROBATE Payeazoss {Probate—Decedents Estates)ESTATE OF (Name): AVIA PETERS. CASE NUMBER: PES-05-286931 DECEDENT 4, g. Proposed personal representative is a LZ resident of Califomia. [) renresident of Califomia (specify permanent address): £1 resident of the United States. (1 nonresident of the United States. 5. GZ) Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act 6. a. Decedentis survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8)) (1) (2) spouse. , (2) E27 no spouse as follows: (a) (1 divorced or never married. (v) GZ1 spouse deceased. (3) [21 registered domestic partner. (4) [) no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.) {5) [2] child as follows: (a) 1 natura or adopted. (o) (3 natural adopted by a third party. (6) G21 nochita, (7) (-] issue of a predeceased child, (8) G2) no issue of a predeceased child. b. Decedent [77] is GZ] isnot 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) . 7. (Complete if decedent is survived by (1) @ spouse or registered ‘domestic partner but no issue (only a or b apply), or (2) na spouse, registered domestic partner, or issue. (Check the first box that applies): 21 decedent is survived by a parent or parents who are listed in item 9. Decedent is survived by issue of deceased parents, all of whom are listed in item 9. (1 bDecedentis survived by a grandparent or grandparents who are listed in item 9. [) Decedent is survived by Issue of grandparents, all of whom are listed in item 9. (1 Decedent is survived by issue of a predeceased spouse, all of whom are listed in item 9. [1 Decedentis survived by next of kin, all of whom are listed in tem 9. [-] Decedent is survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of whom are fisted in item 9. h. C1 Decedentis survived by no known next of kin, 8, (Complete only if no spouse or issue survived decedent.) a. [21 Decedent had no predeceased spouse. b. [71 Decedent had a predeceased spouse who . (1) (21 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) [1 Decedentis survived by issue of a predeceased spouse, all of whom are listed in item 9. (b) {_] Decedent is survived by a parent or parents of the predeceased spouse who are listed in item 9. (c) [1 Decedent is survived by issue of a parent of the predeceased spouse, all of whom are listed in item 9. (4) [2] Decedent is survived by next of kin of the decedent, all of whom are listed In item 9. (e) [] Decedent is survived by next ofkin of the predeceased spouse, all of whom are listed in item 9. (3) G21 neither (1) nor (2) apply. eneanre OE Page Sota ‘DE+111 (Rev. January 1, 2005) PETITION FOR PROBATE (Probate—Decedents Estates)ESTATE OF (Name): AVIA PETERS (CASE NUMBER: PES-05-286931 : OECEDENT 9. Listed below 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, 6, 7, and 8; 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. Name and relationship to decedent Age Address 1. Terry V. Santos, "2525 Bantry Lane Beneficiary under Will adult South San Francisco, CA 94134 2. Tomas Ticao, 558 Campbell Ave. Beneficiary under Will "adult San Francisco, CA 94134 3. Office of the Attorney General - 1300 "I" St. P.O. Box 944255 Sacramento, CA 94244-2550 4. Office of the Attorney General : 455 Golden Gate Ave. San Francisco, CA 94102-7004 [1] Continued on Attachment 9. 10. Number of pages attached: _0 Date: February 1 2005 Edward Winstow > Yt elf! by (IVPE OR PRINT NAME OF ATTORNEY } {SIGNATURE OF ATTORNEY)" * (Signatures of all petitoners ave aso required, ‘Al pettioners must sign, Dut ine pettion may be verified by any one of them (Prob. Code, §§ 1020, 1021; Cal Rules of Court, rte 7.103}) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: February, 2005 + Terry V. Santos b & (TYPE OR PRINT NAME OF PETITIONER) (GIGNATURE OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER) {SIGNATURE OF PETITIONER} [1 Signatures of additional petitioners follow last attachment. ee Dest Rev. Jerry 1. 20051 PETITION FOR PROBATE Pagedot (Probate—Decedents Estates)1 LAST WILL AND TESTAMENT 2 , OF / 3 , AVIA PETERS 4 I, AVIA PETERS, now residing at 753 - 4th Avenue, in the city and county of San Francisco, state of California, being of sound mind and not'acting under the undue influence of any person, do make, publish as, and declare this my LAST WILL AND TESTAMENT and I hereby revoke all other wills and codicils to wills heretofore made by me. FIRST: Ihereby direct my Executrix, hereinafter named, to pay all my just debts not otherwise barred by the Statute of ‘Limitations, expenses ‘of last illness, funeral expenses, and expenses of the administration of my estate, as soon as can lawfully and conveniently be done SECOND: I declare that 1am a widow who once was married to the late Oliver Peters. We had no children from our relationship and ] have never had any children. THIRD: 1 give, bequeath end devise my entire estate to TERRY V. SANTOS and: TOMAS L. TICAO, share and share alike. EQURTE: I nominate and appoist TERRY Y. SANTOS as Exeoutnix of this Will to serve without bond. If she shall for any reason be unable or unwilling to so serve, thenT nominate end 1 appoint TOMAS L. TICAO as successor Executor. to serve without bond. to act in her stead. with tne same rights and powers set forth below. ! . . . t I authorize my Executrix: to seli. at either public or private sale, a7 . { estate, either with or without notice. subject to such confirmation as may be required by law. and to noit, manat:. leas: ant operate any such properr:. My Executri: mat,. 2t ths option c7 in her sole Attachment 4(e}2C C discretion, retain any securities, properties or other investments which ] own at my death; and,.on the preliminary or final distribution of the property, allot and distribute my estate in kind, including individual interests in my estate or any part of it, or partly in cash or partly in kind, or entirely in cash. I further authorize my Executrix to exercise at such times and in such manner as said Executrix shall deem appropriate any rights of election of other rights which may from time to time be available to my Executrix under the provisions of the Internal Revenue Code and any other tax laws, including without being limited to, the power to make such decisions as my Executrix may deem appropriate under all the circumstance (regardless of whether the decision in the particular case may be the most advantageous one from the point of view of my estate, as an entity) in respect of the claiming of expensés or to his i items 2 as deductions for estate tax purposes, or for other income tax purposes, the filing on income, gift or other tax refunds and the payment of any taxes or r collections of any refinds relative to any such adjustments and transfers, if any, as between; the principal account and the income account as my Executrix, in his ‘absolute discretion, shall deem proper. J exonerate | my Executrix from aii liability for any such election and direct that no beneficiary shell have eny ciaim against my Executrix or my estate by reason of the exercise by my Executrix of such discretion. "IN WITNESS WHEREOF, [have he 1997, in San Francisco, California. oe MN A se . Mo Fee Ce c ry eet CotoRet my hand this —\h day sng 2 eat « AVIA PETERS Tne foregoing instrument, consisting of thres £ 3) pages, including the page signed i pvus: witnesses. was signed on the above date by the Jestariz:. AVLA PETERS in.our presence. we being. | presen: at the same time: and he then deciared to us thar such instrument was nev Las? Wil: and, we. Atzachment 4(2)21] at the Testatrix's request and in her presence and in the presence of each other, have signed such 2'|| instruments as witnesses. 3 4 6 ALR Close 22 Zen “ie le aft ae | 77 xAchtette Ayr 27 Loechee Gy sams rue. fisgtes bs CA GEEZ 8 9 b EEE Mr bap a Ce AlS1V3 Ve — 10 12 1 A a Wo Ww tl , a a Attachment 4f242PROOF OF SERVICE BY MAIL I declare that I am employed in the City and County of San Francisco, California. I am over the age of eighteen years and not a party to the within cause; my business address is 220 Montgomery St. #910 San Francisco, CA 94104. On February 24, 2005, I served the within CONTEST TO APPOINTMENT OF SAN FRANCISCO PUBLIC ADMINISTRATOR AS PERSONAL REPRESENTATIVE in said cause, by placing a true copy thereof enclosed in a sealed envelope with postage prepaid, in the United States mail at San Francisco, California, addressed as follows: Jonathan Ferdon, Esq. Office of ths San Francisco Public Administrator 875 Stevenson St., Third Floor San Francisco, CA 94103 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on February 24, 2005, at San Francisco, California. Edward Winslow