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WOU IC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-10-2013 2:28 pm
Case Number: PTR-06-288755
Filing Date: Jun-10-2013 2:24
Filed by: GERALDINE ANDERSON
Juke Box: 001 Image: 04086025
SUBSEQUENT PROBATE PETITION
IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST
001P04086025
Instructions:
Please place this sheet on top of the document to be scanned.| BRUCE A. FEDER (SBN70803)
Kato, Feder & Suzuki, LLP
| 685 Market Street, Suite 490
San Francisco, California 94105 County Sui
Telephone: (415) 974-5715 San Francisco C2
Facsimile: (415) 974-6199 JUN 10 2013
Attorneys for ~ OURT
| Rosia Lee Hart Leng OF 1 Le
BY. “2Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
perior Court
| COUNTY OF SAN FRANCISCO
oon OD oO fF WY DY =
10 |
In Re:
11 |
12 | THE ROSIA L. HART REVOCABLE
43 | TRUST dated May 19, 2004
Case No. PTR-06-288755
PETITION FOR ORDER APPROVING FIRST
AMENDMENT TO ROSIA L. HART
REVOCABLE TRUST dated May 19, 2004
[Probate Code §17200]
SEP 1
Date: 02013
Time: 9:00 a.m.
Dept.: Probate; Room 204
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19 | Rosia Lee Hart, a.k.a. Rosia L. Hart, Petitioner and former conservatee, hereby presents
20 | her Petition for Order Approving First Amendment to Rosia L. Hart Revocable Trust dated May
21 | 19, 2004.
22 1. Introduction: Petitioner, Rosia Lee Hart, executed the Rosia L. Hart Revocable
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PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755
Trust (the “Trust”) on May 19, 2004. Mrs. Hart was formerly under a conservatorship. On May
| 24, 2006, private professional fiduciary, Herb Thomas, was appointed temporary conservator of
the estate of Rosia Lee Hart and Mrs. Hart’s Trust was brought under continuing supervision of
| this court. On November 16, 2006, Mr. Thomas was appointed general conservator of Mrs.
Hart’s estate and also appointed successor trustee of Mrs. Hart’s Trust. Mrs. Hart continues toNN NY NY YH N NY DK B@ B@ ew a ew a ow A
o ON DO HM RB WO DD wr
| Hart filed a Petition for Termination of Conservatorship. On February 28, 2013, this court
be the sole beneficiary of her Trust.
On October 26, 2012, by Bruce A. Feder, court appointed counsel for Mrs. Hart, Ms.
granted the Petition for Termination and the remainder of her conservatorship estate was
transferred to her trust.
2. Necessity to Amend Trust: Prior to the establishment of the conservatorship and
court supervision of the Trust, Mrs. Hart had been the victim of undue influence that resulted in
financial abuse by Gregory Wiggins; a series of events that led to the establishment of the
conservatorship and court supervision of the Trust. By the time the temporary conservatorship
| of estate was established, Mr. Wiggins had influenced Mrs. Hart to engage in a series of real
estate and financial transactions with devastating financial repercussions to Mrs. Hart. He also
influenced her to execute various estate planning documents naming him as her fiduciary. On
August 2, 2004, Mrs. Hart executed The Rosia L. Hart Revocable Trust (“Trust”), naming Mr.
| Wiggins as her successor trustee and one of several beneficiaries of her trust estate. She also
executed a pour over will naming Mr. Wiggins her executor, and executed a Durable Power of
| Attorney for Finances and an Advance Health Care Directive naming Mr. Wiggins her agent on
both documents. After the establishment of the conservatorship, the powers of attorney for
| finances were revoked and Mrs. Hart eventually changed her health care directive removing Mr.
| Wiggins as her health care agent. As previously noted, Herb Thomas was appointed the
successor trustee of Mrs. Hart’s Trust. It is well documented that Mrs. Hart was never in favor
of Mr. Thomas serving as successor trustee of her Trust.
| After the termination of the conservatorship, Mrs. Hart instructed attorney Bruce A.
Feder to prepare a First Amendment to Rosia L. Hart Revocable Trust naming her friend
| Reverend Andrew Smith as successor trustee, her friend Jacqueline Smith, who is Andrew
Smith’s daughter, as alternate successor trustee, and amending the dispositive provisions of the
| trust by changing certain trust beneficiaries and specifically excluding Mr. Wiggins as a
beneficiary. In conjunction with the Trust Amendment, Mr. Feder also prepared a First Codicil
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PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755NY NY 2 2B Bw Bw ew ew aw aw ew on
- oO ODN OW HO RF WwW DY |@ OC
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To Will of Rosia L. Hart dated August 2, 2004, naming Andrew Smith as Executor and
Jacqueline Smith as alternate executor. Mrs. Hart executed the Trust Amendment on February
28, 2013, and seeks approval of that amendment by this petition.
| Attached hereto and Exhibit A and incorporated by reference is a true and correct copy
of the First Amendment to Rosia L. Hart Revocable Trust.
3. Court Approval of Amendment: Although Mrs. Hart has the capacity to amend
her Trust as she wishes, the Trust remains under court supervision. For this reason, Petitioner
requests approval of the executed First Amendment to Rosia L. Hart Revocable Trust as well as
approval of the appointment of a new successor trustee per Probate §17200. §17200 sections (a)
and (b) (13) provide that:
“(a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition
the court under this chapter concerning the internal affairs of the trust or to determine the
existence of the trust.
(b) Proceedings concerning the internal affairs of a trust include, but are not limited to,
any of the following purposes:..... (13) Approving or directing the modification or
termination of a trust.” Cal. Prob. Code §17200(a) & (b)(13).
Probate Code §17200(b)(10) further provides that:
“(b) Proceedings concerning the internal affairs of a trust include, but are not limited to,
any of the following purposes: ..... (10) Appointing or removing a trustee.” Cal. Prob.
Code §17200(b)(10).
Petitioner is currently the sole beneficiary of the Trust. Pursuant to the statutory
authority cited above, Petitioner requests approval of the First Amendment to Rosia L. Hart
Revocable Trust. Given Mrs. Hart’s difficult relationship with the current successor trustee,
| Herb Thomas, and her long standing desire to make her own decisions, it would be appropriate
for the court to approve the appointment of a successor trustee of her own choosing. Mrs. Hart
trusts her long time friend Reverend Andrew Smith whom she has known all of his life. Should
the court have concerns regarding a non-professional serving as successor trustee, the court may
wish to retain supervision over the trust for approximately one year. At the end of the year, the
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PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755on Oo oO hF WwW DY a
| successor trustee will provide the court with a status report and trust accounting for the court’s
review. Petitioner may then request that the court consider the termination of court supervision
based on its findings.
With regard to Mrs. Hart modifying the dispositive provisions of her trust, given the
immense financial harm caused by Gregory Wiggins, it follows that Mrs. Hart would want to
remove Mr. Wiggins as a beneficiary of her trust estate, and in any event, she has the requisite
testamentary capacity to do so.
4. Trust Beneficiaries/Persons Entitled to Notice: The names and addresses of those
who are entitled to notice are:
Rosia Lee Hart
3133 Crestline Court
Antioch, CA 94531
Adeline Reed
306 Portland Avenue
Oakland, CA 94606
Gayle R. Reed
2389 Flatley Circle
Fairfield, CA 94531
Rosalind Reed Williams
4766 Stonewood Drive
Fairfield, CA 94531
Pastor Henry Gains
1490 Kennedy Avenue
| Weed, CA 96094
Gregory Wiggins
3101 Crestline Court
Antioch, CA 94531
Reverend Andrew Smith
2709 Lotus Court
Antioch, CA 94531
(Settlor and Beneficiary)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in the May 19, 2004 Trust but
specifically disinherited from February 28, 2013
Amendment)
(beneficiary named in February 28, 2013 Amendment
but not in the May 19, 2004 Trust)
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PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755on OD oO Fk WO DY =
| Jackie (a.k.a Jacqueline Smith) (beneficiary named in the February 28, 2013
2705 Lotus Court Amendment but not in the May 19, 2004 Trust)
Antioch, CA 94531
5. Notice Pursuant to Probate Code §17203.
a. Probate Code §17203(a): The trust beneficiaries named in Paragraph 4
above will receive notice of this proceeding pursuant to Probate Code §17203(a).
| b. Probate Code §17203(b):
Probate Code §17203(b) requires that a person “other than a trustee or beneficiary, whose
right, title or interest would be affected by the petition and who does not receive notice pursuant
to subdivision (a)” receive notice of the hearing and a copy of the petition served pursuant to
Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
Accordingly, Petitioner will provide notice and a copy of this petition to Gregory Wiggins who is
hereby disinherited as no longer named the successor trustee or a beneficiary of Petitioner’s trust.
| The other individuals specifically disinherited as set forth in Section 1.3 of the Amendment were
never named as beneficiaries in the May 19, 2004 Trust and are not entitled to notice or a copy of
| this Petition.
6. Special Notice. By ex parte Order dated October 11, 2007, the request by Baum
Thornley Architects for special notices was granted, and notice will be provided through their
] attorneys, Coblentz, Patch, Duffy and Bass LLP, One Ferry Building, Suite 200, San Francisco,
CA 94111-4213.
WHEREFORE, Petitioner prays for an Order of the Court:
| 1. To approve the First Amendment to Rosia L. Hart Revocable Trust including the
| appointment of Reverend Andrew Smith as successor trustee; and
2. Providing such other relief as the Court considers proper.
t
c
Dated: 6/7 | 4013 Aan Met
| ROSIA LEE HART, Petitioner, Settlor and
Sole Beneficiary of the Rosia Lee Hart Revocable Trust
5
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755aon Oo oO fF WO NY =
Dated: bh le
BRUCE ‘DER, Esq.
Attorney for Petitioner
VERIFICATION
I am the Petitioner in this action; the foregoing Petition is true of my own knowledge,
except as to the matters stated in it on my information or belief, and as to those matters I believe
them to be true.
I declare under penalty of perjury under the laws of the State of California that the
| foregoing is true and correct and that this declaration was executed on ure 7 201 5,
at Aestisc i , California.
ROSIA LEE HART
6
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755Exhibit AFIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
1.1 Preamble
Rosia L. Hart is the settlor of the Rosia L. Hart Revocable Trust created under that certain
trust agreement dated May 19, 2004. In Section 3.1 of that trust agreement, the settlor reserved
the right to amend the trust, in the following language:
This trust may be amended, revoked, or terminated by the settlor, in whole or in
part, at any time during settlor's lifetime. After the settlor's death, this trust shall be
irrevocable and not subject to amendment.
The settlor now wishes to exercise her right of amendment and, to that end, does hereby
amend that agreement in the terms stated below.
1.2 Amendment of Section 5.3(a)
Section 5.3(a) of that agreement is amended to read as follows:
5.3 Disposition of Trust Estate. On the settlor’s death, the trust estate shall be sold and
disposed of as follows:
(a) _ Distribution of Gifts. The Trustee shall distribute gifts of trust property
hereinbelow, to the named individuals as follows:
(i) Gifts of $10,000 outright to each of the following individuals who survive
the settlor:
a. Henry Gains, settlor’s brother, but if he fails to survive the settlor,
then his share to his two daughters, Jackie Henderson and Corrida
Gains in equal shares.
b. Adeline Reed, settlor’s niece, but if she fails to survive the settlor,
then her share to her daughters Gayle Reed and Rosalind Reed in
equal shares.
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
1c. Gayle Reed, settlor’s grand-niece, but if she fails to survive the
settlor, then to her issue by right of representation. If she fails to
survive the settlor and leaves no issue, then to Rosalind Reed.
d. Rosalind Reed, settlor’s grand-niece, but if she fails to survive the
settlor, then to her issue by right of representation. If she fails to
survive the settlor and leaves no issue, then to Gayle Reed.
(ii) The remainder of the trust estate shall be distributed outright to Andrew
Smith, in his individual capacity; provided however, that if he does not
survive the settlor, then his share shall go to his daughter Jackie Smith.
1.3 Amendment of Section 5.3(b)
Section 5.3(b) of that agreement is amended to read as follows:
(a) Disinherit. I intentionally and with full knowledge disinherit, and omit
any provision in my Trust for the following persons:
1. Alvira Ward
2. David Johnson
3. Willie Woods
4. Sadira Shaw
5. George Fruit
6. Cornelius Richardson
7. Amold Richardson
8. Gregory K. Wiggins
9. Arthur Lee Richardson
Further, | intend that this disinheritance specifically defeat the application of any
statutory heirship interest.
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
21.4 Deletion of Section 5.3(c). Section 5.3(c) of that declaration is deleted in its
entirety.
1.5 Deletion of Section 5.3(d). Section 5.3(d) of that declaration is deleted in its
entirety.
1.6 Amendment of Section 6.2
Section 6.2 of that agreement is amended to read as follows:
Successor Trustees. If the office of trustee becomes vacant by reason of death,
incapacity, or any other reason, and no successor trustee or cotrustees have been
designated under any other provision of this trust instrument, the following, in the order
of priority indicated, shall be trustee, subject to court approval:
First: Andrew Smith
Second: Jacqueline Smith
If all those named above are unwilling or unable to serve as successor trustee, a new
trustee or cotrustees shall be appointed by the court.
1.7 No-Contest Clause
If any beneficiary under this instrument, singularly or in combination with any other
person or persons, directly or indirectly does any of the following acts, then the right of that
person to take any interest given to him or her by this instrument shall be void, and any gift or
other interest in the trust property to which the beneficiary would otherwise have been entitled
shall pass as if he or she had predeceased the settlor without issue.
(a) Without probable cause challenges the validity of this instrument, or the validity
of any contract, agreement (including any trust agreement), declaration of trust,
beneficiary designation, or other document executed by the settlor, or executed by
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
3another for the benefit of the settlor, including settlor’s will and any codicils thereto,
that is in existence on the date that this instrument is executed, on any of the
following grounds:
(i) Forgery;
(ii) Lack of due execution;
(iii) Lack of capacity;
(iv) Menace, duress, fraud, or undue influence;
(v) Revocation pursuant to the terms of this instrument or applicable law;
(vi) Disqualification of a beneficiary who is a “disqualified person” as described
in California Probate Code section 21350 or applicable successor statute.
(b) Files a pleading to challenge the transfer of property on the grounds that it was
not the transferor’s property at the time of the transfer;
(c) Files a creditor’s claim or prosecutes any action against the trust for any debt
alleged to be owed to the beneficiary-claimant.
1.8 Ratification of Other Terms of Trust
In every other respect, the settlor confirms and ratifies the terms of the trust as stated in
that certain agreement dated May 19, 2004.
1.9 Execution
Executed on febvciny ZS 2013, at Gan ENCIS2 California.
SETTLOR
Rasta L tnt
Rosia L. Hart
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
4ACKNOWLEDGMENT
State of California )
)
County of x AW Pong ) )
On { -\ yun 28 ‘Z0fF , before me, Ecuce A\- dec , anotary public,
personally appeared ROSIA L. HART, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Gao ler
(Notary Sign:
(Seal)
BRUCE i 1epon z
CoM Mae 6 Rt ad
AN FRANCISCO C0 COUNTY 9
COMM, EXPIRES FEB. 9, 2016
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
5IOUANIUICT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jun-10-2013 2:28 pm
Case Number: PTR-06-288755
Filing Date: Jun-10-2013 2:24
Filed by: GERALDINE ANDERSON
Juke Box: 001 Image: 04086025
SUBSEQUENT PROBATE PETITION
IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST
001P04086025
Instructions:
Please place this sheet on top of the document to be scanned.oo ON OOOHlUPRUwULDN OU
BRUCE A. FEDER (SBN70803)
Kato, Feder & Suzuki, LLP
685 Market Street, Suite 490
San Francisco, California 94105
Telephone: (415) 974-5715
Facsimile: (415) 974-6199 JUN 10 13
Attorneys for ae URT
Rosia Lee Hart CLE yi oF i
BY: ee" Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
San Francisco County Superior Court
COUNTY OF SAN FRANCISCO
| In Re: Case No. PTR-06-288755
PETITION FOR ORDER APPROVING FIRST
AMENDMENT TO ROSIA L. HART
REVOCABLE TRUST dated May 19, 2004
[Probate Code §17200]
SEP 1
Date: 02013
Time: 9:00 a.m.
Dept.: Probate; Room 204
THE ROSIA L. HART REVOCABLE
TRUST dated May 19, 2004
| Rosia Lee Hart, a.k.a. Rosia L. Hart, Petitioner and former conservatee, hereby presents
| her Petition for Order Approving First Amendment to Rosia L. Hart Revocable Trust dated May
19, 2004.
1. Introduction: Petitioner, Rosia Lee Hart, executed the Rosia L. Hart Revocable
| Trust (the “Trust”) on May 19, 2004. Mrs. Hart was formerly under a conservatorship. On May
24, 2006, private professional fiduciary, Herb Thomas, was appointed temporary conservator of
| the estate of Rosia Lee Hart and Mrs. Hart’s Trust was brought under continuing supervision of
this court. On November 16, 2006, Mr. Thomas was appointed general conservator of Mrs.
| Hart’s estate and also appointed successor trustee of Mrs. Hart’s Trust. Mrs. Hart continues to
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO, PTR-06-288755N NN NY DY NY NY HN B@ o@ oi ow 2 2 ow ow ow
oN OP GO F BO NH SB GO BAN DaAKR WD HAS
o ON OW HO RF WY DY =
be the sole beneficiary of her Trust.
On October 26, 2012, by Bruce A. Feder, court appointed counsel for Mrs. Hart, Ms.
| Hart filed a Petition for Termination of Conservatorship. On February 28, 2013, this court
granted the Petition for Termination and the remainder of her conservatorship estate was
transferred to her trust.
2. Necessity to Amend Trust: Prior to the establishment of the conservatorship and
| court supervision of the Trust, Mrs. Hart had been the victim of undue influence that resulted in
| financial abuse by Gregory Wiggins; a series of events that led to the establishment of the
conservatorship and court supervision of the Trust. By the time the temporary conservatorship
| of estate was established, Mr. Wiggins had influenced Mrs. Hart to engage in a series of real
estate and financial transactions with devastating financial repercussions to Mrs. Hart. He also
influenced her to execute various estate planning documents naming him as her fiduciary. On
August 2, 2004, Mrs. Hart executed The Rosia L. Hart Revocable Trust (“Trust”), naming Mr.
Wiggins as her successor trustee and one of several beneficiaries of her trust estate. She also
executed a pour over will naming Mr. Wiggins her executor, and executed a Durable Power of
Attomey for Finances and an Advance Health Care Directive naming Mr. Wiggins her agent on
both documents. After the establishment of the conservatorship, the powers of attorney for
finances were revoked and Mrs. Hart eventually changed her health care directive removing Mr.
Wiggins as her health care agent. As previously noted, Herb Thomas was appointed the
} successor trustee of Mrs. Hart’s Trust. It is well documented that Mrs. Hart was never in favor
of Mr. Thomas serving as successor trustee of her Trust.
After the termination of the conservatorship, Mrs. Hart instructed attorney Bruce A.
Feder to prepare a First Amendment to Rosia L. Hart Revocable Trust naming her friend
| Reverend Andrew Smith as successor trustee, her friend Jacqueline Smith, who is Andrew
Smith’s daughter, as alternate successor trustee, and amending the dispositive provisions of the
| trust by changing certain trust beneficiaries and specifically excluding Mr. Wiggins as a
beneficiary. In conjunction with the Trust Amendment, Mr. Feder also prepared a First Codicil
2
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-2887552 02 46 a
o no = &
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To Will of Rosia L. Hart dated August 2, 2004, naming Andrew Smith as Executor and
| Jacqueline Smith as alternate executor. Mrs. Hart executed the Trust Amendment on February
28, 2013, and seeks approval of that amendment by this petition.
Attached hereto and Exhibit A and incorporated by reference is a true and correct copy
of the First Amendment to Rosia L. Hart Revocable Trust.
3. Court Approval of Amendment: Although Mrs. Hart has the capacity to amend
her Trust as she wishes, the Trust remains under court supervision. For this reason, Petitioner
requests approval of the executed First Amendment to Rosia L. Hart Revocable Trust as well as
| approval of the appointment of a new successor trustee per Probate §17200. §17200 sections (a)
and (b) (13) provide that:
“(a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition
| the court under this chapter concerning the internal affairs of the trust or to determine the
existence of the trust.
(b) Proceedings concerning the internal affairs of a trust include, but are not limited to,
any of the following purposes:..... (13) Approving or directing the modification or
termination of a trust.” Cal. Prob. Code §17200(a) & (b)(13).
| Probate Code §17200(b)(10) further provides that:
“(b) Proceedings concerning the internal affairs of a trust include, but are not limited to,
any of the following purposes: ..... (10) Appointing or removing a trustee.” Cal. Prob.
Code §17200(b)(10).
Petitioner is currently the sole beneficiary of the Trust. Pursuant to the statutory
| authority cited above, Petitioner requests approval of the First Amendment to Rosia L. Hart
Revocable Trust. Given Mrs. Hart’s difficult relationship with the current successor trustee,
} Herb Thomas, and her long standing desire to make her own decisions, it would be appropriate
for the court to approve the appointment of a successor trustee of her own choosing. Mrs. Hart
| trusts her long time friend Reverend Andrew Smith whom she has known all of his life. Should
the court have concerns regarding a non-professional serving as successor trustee, the court may
wish to retain supervision over the trust for approximately one year. At the end of the year, the
3
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755o ON OO Rh WD =
based on its findings.
| successor trustee will provide the court with a status report and trust accounting for the court’s
review. Petitioner may then request that the court consider the termination of court supervision
With regard to Mrs. Hart modifying the dispositive provisions of her trust, given the
| testamentary capacity to do so.
immense financial harm caused by Gregory Wiggins, it follows that Mrs. Hart would want to
remove Mr. Wiggins as a beneficiary of her trust estate, and in any event, she has the requisite
4. Trust Beneficiaries/Persons Entitled to Notice: The names and addresses of those
| who are entitled to notice are:
Rosia Lee Hart
3133 Crestline Court
Antioch, CA 94531
Adeline Reed
306 Portland Avenue
Oakland, CA 94606
Gayle R. Reed
2389 Flatley Circle
Fairfield, CA 94531
Rosalind Reed Williams
4766 Stonewood Drive
Fairfield, CA 94531
Pastor Henry Gains
1490 Kennedy Avenue
Weed, CA 96094
Gregory Wiggins
3101 Crestline Court
Antioch, CA 94531
Reverend Andrew Smith
2709 Lotus Court
Antioch, CA 94531
(Settlor and Beneficiary)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in both the May 19, 2004 Trust and in
February 28, 2013 Amendment)
(beneficiary named in the May 19, 2004 Trust but
specifically disinherited from February 28, 2013
Amendment)
(beneficiary named in February 28, 2013 Amendment
but not in the May 19, 2004 Trust)
4
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO, PTR-06-288755on Oo a Fk WwW DN =
Jackie (a.k.a Jacqueline Smith) (beneficiary named in the February 28, 2013
2705 Lotus Court Amendment but not in the May 19, 2004 Trust)
Antioch, CA 94531
5. Notice Pursuant to Probate Code §17203.
a. Probate Code §17203(a): The trust beneficiaries named in Paragraph 4
|
above will receive notice of this proceeding pursuant to Probate Code §17203(a).
| b. Probate Code §17203(b):
Probate Code §17203(b) requires that a person “other than a trustee or beneficiary, whose
| right, title or interest would be affected by the petition and who does not receive notice pursuant
to subdivision (a)” receive notice of the hearing and a copy of the petition served pursuant to
| Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure.
Accordingly, Petitioner will provide notice and a copy of this petition to Gregory Wiggins who is
hereby disinherited as no longer named the successor trustee or a beneficiary of Petitioner’s trust.
| The other individuals specifically disinherited as set forth in Section 1.3 of the Amendment were
never named as beneficiaries in the May 19, 2004 Trust and are not entitled to notice or a copy of
this Petition.
6. Special Notice. By ex parte Order dated October 11, 2007, the request by Baum
Thornley Architects for special notices was granted, and notice will be provided through their
| attorneys, Coblentz, Patch, Duffy and Bass LLP, One Ferry Building, Suite 200, San Francisco,
CA 94111-4213.
WHEREFORE, Petitioner prays for an Order of the Court:
I 1. To approve the First Amendment to Rosia L. Hart Revocable Trust including the
| appointment of Reverend Andrew Smith as successor trustee; and
2. Providing such other relief as the Court considers proper.
Dated: b/ 4 | 4o13 Rare.
ROSIA LEE 2. te Petitioner, Settlor and
Sole Beneficiary of the Rosia Lee Hart Revocable Trust
5
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755on 8 HO FF WO DY =
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| Dated: bh lg
BRUCE DER, Esq.
Attorney for Petitioner
VERIFICATION
Tam the Petitioner in this action; the foregoing Petition is true of my own knowledge,
| except as to the matters stated in it on my information or belief, and as to those matters I believe
them to be true.
I declare under penalty of perjury under the laws of the State of California that the
j foregoing is true and correct and that this declaration was executed on ure 7 201 5,
at Aesrac ky » California.
Ravan lee Rot
ROSIA LEE HART
6
PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
CASE NO. PTR-06-288755Exhibit AFIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
1.1 Preamble
Rosia L. Hart is the settlor of the Rosia L. Hart Revocable Trust created under that certain
trust agreement dated May 19, 2004. In Section 3.1 of that trust agreement, the settlor reserved
the right to amend the trust, in the following language:
This trust may be amended, revoked, or terminated by the settlor, in whole or in
part, at any time during settlor's lifetime. After the settlor's death, this trust shall be
irrevocable and not subject to amendment.
The settlor now wishes to exercise her right of amendment and, to that end, does hereby
amend that agreement in the terms stated below.
1.2 Amendment of Section 5.3(a)
Section 5.3(a) of that agreement is amended to read as follows:
5.3 Disposition of Trust Estate. On the settlor’s death, the trust estate shall be sold and
disposed of as follows:
(a) Distribution of Gifts. The Trustee shall distribute gifts of trust property
hereinbelow, to the named individuals as follows:
(i) _ Gifts of $10,000 outright to each of the following individuals who survive
the settlor:
a. Henry Gains, settlor’s brother, but if he fails to survive the settlor,
then his share to his two daughters, Jackie Henderson and Corrida
Gains in equal shares.
b. Adeline Reed, settlor’s niece, but if she fails to survive the settlor,
then her share to her daughters Gayle Reed and Rosalind Reed in
equal shares.
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
1c. Gayle Reed, settlor’s grand-niece, but if she fails to survive the
settlor, then to her issue by right of representation. If she fails to
survive the settlor and leaves no issue, then to Rosalind Reed.
d. Rosalind Reed, settlor’s grand-niece, but if she fails to survive the
settlor, then to her issue by right of representation. If she fails to
survive the settlor and leaves no issue, then to Gayle Reed.
(ii) The remainder of the trust estate shall be distributed outright to Andrew
Smith, in his individual capacity; provided however, that if he does not
survive the settlor, then his share shall go to his daughter Jackie Smith.
1.3. Amendment of Section 5.3(b)
Section 5.3(b) of that agreement is amended to read as follows:
(a) Disinherit. I intentionally and with full knowledge disinherit, and omit
any provision in my Trust for the following persons:
1. Alvira Ward
2. David Johnson
3. Willie Woods
4. Sadira Shaw
5. George Fruit
6. Cornelius Richardson
7. Arnold Richardson
8. Gregory K. Wiggins
9. Arthur Lee Richardson
Further, | intend that this disinheritance specifically defeat the application of any
statutory heirship interest.
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
21.4 Deletion of Section 5.3(c). Section 5.3(c) of that declaration is deleted in its
entirety.
1.5 Deletion of Section 5.3(d). Section 5.3(d) of that declaration is deleted in its
entirety.
1.6 Amendment of Section 6.2
Section 6.2 of that agreement is amended to read as follows:
Successor Trustees. If the office of trustee becomes vacant by reason of death,
incapacity, or any other reason, and no successor trustee or cotrustees have been
designated under any other provision of this trust instrument, the following, in the order
of priority indicated, shall be trustee, subject to court approval:
First: Andrew Smith
Second: Jacqueline Smith
If all those named above are unwilling or unable to serve as successor trustee, a new
trustee or cotrustees shall be appointed by the court.
1.7, No-Contest Clause
If any beneficiary under this instrument, singularly or in combination with any other
person or persons, directly or indirectly does any of the following acts, then the right of that
person to take any interest given to him or her by this instrument shall be void, and any gift or
other interest in the trust property to which the beneficiary would otherwise have been entitled
shall pass as if he or she had predeceased the settlor without issue.
(a) Without probable cause challenges the validity of this instrument, or the validity
of any contract, agreement (including any trust agreement), declaration of trust,
beneficiary designation, or other document executed by the settlor, or executed by
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
3another for the benefit of the settlor, including settlor’s will and any codicils thereto,
that is in existence on the date that this instrument is executed, on any of the
following grounds:
Gi) ‘Forgery;
(ii) Lack of due execution;
(iii) Lack of capacity;
(iv) Menace, duress, fraud, or undue influence;
(v) Revocation pursuant to the terms of this instrument or applicable law;
(vi) Disqualification of a beneficiary who is a “disqualified person” as described
in California Probate Code section 21350 or applicable successor statute.
(b) Files a pleading to challenge the transfer of property on the grounds that it was
not the transferor’s property at the time of the transfer;
(c) Files a creditor’s claim or prosecutes any action against the trust for any debt
alleged to be owed to the beneficiary-claimant.
1.8 Ratification of Other Terms of Trust
In every other respect, the settlor confirms and ratifies the terms of the trust as stated in
that certain agreement dated May 19, 2004.
1.9 Execution
Executed on febvciy ZS , 2013, at Gr fencis!2 California.
SETTLOR
Rasta L pp-nfh
Rosia L. Hart
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
4ACKNOWLEDGMENT
State of California )
- )
County of San Cony oO )
On U 28 ZOff, before me, Ue A: 2-_, anotary public,
personally appeared ROSIA L. HART, who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
NQ
(Notary Sign: :)
BRUCE A. FEDER
COMM. # 1969039
TARY PUBLIC - CALIFORNIA
‘SAN FRANCISCO COUNTY
COMM. EXPIRES FEB. 9, 2016
FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST
5
Preview
WOU IC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-10-2013 2:28 pm Case Number: PTR-06-288755 Filing Date: Jun-10-2013 2:24 Filed by: GERALDINE ANDERSON Juke Box: 001 Image: 04086025 SUBSEQUENT PROBATE PETITION IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P04086025 Instructions: Please place this sheet on top of the document to be scanned.| BRUCE A. FEDER (SBN70803) Kato, Feder & Suzuki, LLP | 685 Market Street, Suite 490 San Francisco, California 94105 County Sui Telephone: (415) 974-5715 San Francisco C2 Facsimile: (415) 974-6199 JUN 10 2013 Attorneys for ~ OURT | Rosia Lee Hart Leng OF 1 Le BY. “2Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA perior Court | COUNTY OF SAN FRANCISCO oon OD oO fF WY DY = 10 | In Re: 11 | 12 | THE ROSIA L. HART REVOCABLE 43 | TRUST dated May 19, 2004 Case No. PTR-06-288755 PETITION FOR ORDER APPROVING FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST dated May 19, 2004 [Probate Code §17200] SEP 1 Date: 02013 Time: 9:00 a.m. Dept.: Probate; Room 204 14 15 16 SS SS SS SS SSS SL 19 | Rosia Lee Hart, a.k.a. Rosia L. Hart, Petitioner and former conservatee, hereby presents 20 | her Petition for Order Approving First Amendment to Rosia L. Hart Revocable Trust dated May 21 | 19, 2004. 22 1. Introduction: Petitioner, Rosia Lee Hart, executed the Rosia L. Hart Revocable 23 24 25 26 27 28 i PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755 Trust (the “Trust”) on May 19, 2004. Mrs. Hart was formerly under a conservatorship. On May | 24, 2006, private professional fiduciary, Herb Thomas, was appointed temporary conservator of the estate of Rosia Lee Hart and Mrs. Hart’s Trust was brought under continuing supervision of | this court. On November 16, 2006, Mr. Thomas was appointed general conservator of Mrs. Hart’s estate and also appointed successor trustee of Mrs. Hart’s Trust. Mrs. Hart continues toNN NY NY YH N NY DK B@ B@ ew a ew a ow A o ON DO HM RB WO DD wr | Hart filed a Petition for Termination of Conservatorship. On February 28, 2013, this court be the sole beneficiary of her Trust. On October 26, 2012, by Bruce A. Feder, court appointed counsel for Mrs. Hart, Ms. granted the Petition for Termination and the remainder of her conservatorship estate was transferred to her trust. 2. Necessity to Amend Trust: Prior to the establishment of the conservatorship and court supervision of the Trust, Mrs. Hart had been the victim of undue influence that resulted in financial abuse by Gregory Wiggins; a series of events that led to the establishment of the conservatorship and court supervision of the Trust. By the time the temporary conservatorship | of estate was established, Mr. Wiggins had influenced Mrs. Hart to engage in a series of real estate and financial transactions with devastating financial repercussions to Mrs. Hart. He also influenced her to execute various estate planning documents naming him as her fiduciary. On August 2, 2004, Mrs. Hart executed The Rosia L. Hart Revocable Trust (“Trust”), naming Mr. | Wiggins as her successor trustee and one of several beneficiaries of her trust estate. She also executed a pour over will naming Mr. Wiggins her executor, and executed a Durable Power of | Attorney for Finances and an Advance Health Care Directive naming Mr. Wiggins her agent on both documents. After the establishment of the conservatorship, the powers of attorney for | finances were revoked and Mrs. Hart eventually changed her health care directive removing Mr. | Wiggins as her health care agent. As previously noted, Herb Thomas was appointed the successor trustee of Mrs. Hart’s Trust. It is well documented that Mrs. Hart was never in favor of Mr. Thomas serving as successor trustee of her Trust. | After the termination of the conservatorship, Mrs. Hart instructed attorney Bruce A. Feder to prepare a First Amendment to Rosia L. Hart Revocable Trust naming her friend | Reverend Andrew Smith as successor trustee, her friend Jacqueline Smith, who is Andrew Smith’s daughter, as alternate successor trustee, and amending the dispositive provisions of the | trust by changing certain trust beneficiaries and specifically excluding Mr. Wiggins as a beneficiary. In conjunction with the Trust Amendment, Mr. Feder also prepared a First Codicil 2 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755NY NY 2 2B Bw Bw ew ew aw aw ew on - oO ODN OW HO RF WwW DY |@ OC 22 23 24 25 26 27 28 oon OO oO fF WwW DY = To Will of Rosia L. Hart dated August 2, 2004, naming Andrew Smith as Executor and Jacqueline Smith as alternate executor. Mrs. Hart executed the Trust Amendment on February 28, 2013, and seeks approval of that amendment by this petition. | Attached hereto and Exhibit A and incorporated by reference is a true and correct copy of the First Amendment to Rosia L. Hart Revocable Trust. 3. Court Approval of Amendment: Although Mrs. Hart has the capacity to amend her Trust as she wishes, the Trust remains under court supervision. For this reason, Petitioner requests approval of the executed First Amendment to Rosia L. Hart Revocable Trust as well as approval of the appointment of a new successor trustee per Probate §17200. §17200 sections (a) and (b) (13) provide that: “(a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust. (b) Proceedings concerning the internal affairs of a trust include, but are not limited to, any of the following purposes:..... (13) Approving or directing the modification or termination of a trust.” Cal. Prob. Code §17200(a) & (b)(13). Probate Code §17200(b)(10) further provides that: “(b) Proceedings concerning the internal affairs of a trust include, but are not limited to, any of the following purposes: ..... (10) Appointing or removing a trustee.” Cal. Prob. Code §17200(b)(10). Petitioner is currently the sole beneficiary of the Trust. Pursuant to the statutory authority cited above, Petitioner requests approval of the First Amendment to Rosia L. Hart Revocable Trust. Given Mrs. Hart’s difficult relationship with the current successor trustee, | Herb Thomas, and her long standing desire to make her own decisions, it would be appropriate for the court to approve the appointment of a successor trustee of her own choosing. Mrs. Hart trusts her long time friend Reverend Andrew Smith whom she has known all of his life. Should the court have concerns regarding a non-professional serving as successor trustee, the court may wish to retain supervision over the trust for approximately one year. At the end of the year, the 3 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755on Oo oO hF WwW DY a | successor trustee will provide the court with a status report and trust accounting for the court’s review. Petitioner may then request that the court consider the termination of court supervision based on its findings. With regard to Mrs. Hart modifying the dispositive provisions of her trust, given the immense financial harm caused by Gregory Wiggins, it follows that Mrs. Hart would want to remove Mr. Wiggins as a beneficiary of her trust estate, and in any event, she has the requisite testamentary capacity to do so. 4. Trust Beneficiaries/Persons Entitled to Notice: The names and addresses of those who are entitled to notice are: Rosia Lee Hart 3133 Crestline Court Antioch, CA 94531 Adeline Reed 306 Portland Avenue Oakland, CA 94606 Gayle R. Reed 2389 Flatley Circle Fairfield, CA 94531 Rosalind Reed Williams 4766 Stonewood Drive Fairfield, CA 94531 Pastor Henry Gains 1490 Kennedy Avenue | Weed, CA 96094 Gregory Wiggins 3101 Crestline Court Antioch, CA 94531 Reverend Andrew Smith 2709 Lotus Court Antioch, CA 94531 (Settlor and Beneficiary) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in the May 19, 2004 Trust but specifically disinherited from February 28, 2013 Amendment) (beneficiary named in February 28, 2013 Amendment but not in the May 19, 2004 Trust) 4 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755on OD oO Fk WO DY = | Jackie (a.k.a Jacqueline Smith) (beneficiary named in the February 28, 2013 2705 Lotus Court Amendment but not in the May 19, 2004 Trust) Antioch, CA 94531 5. Notice Pursuant to Probate Code §17203. a. Probate Code §17203(a): The trust beneficiaries named in Paragraph 4 above will receive notice of this proceeding pursuant to Probate Code §17203(a). | b. Probate Code §17203(b): Probate Code §17203(b) requires that a person “other than a trustee or beneficiary, whose right, title or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a)” receive notice of the hearing and a copy of the petition served pursuant to Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Accordingly, Petitioner will provide notice and a copy of this petition to Gregory Wiggins who is hereby disinherited as no longer named the successor trustee or a beneficiary of Petitioner’s trust. | The other individuals specifically disinherited as set forth in Section 1.3 of the Amendment were never named as beneficiaries in the May 19, 2004 Trust and are not entitled to notice or a copy of | this Petition. 6. Special Notice. By ex parte Order dated October 11, 2007, the request by Baum Thornley Architects for special notices was granted, and notice will be provided through their ] attorneys, Coblentz, Patch, Duffy and Bass LLP, One Ferry Building, Suite 200, San Francisco, CA 94111-4213. WHEREFORE, Petitioner prays for an Order of the Court: | 1. To approve the First Amendment to Rosia L. Hart Revocable Trust including the | appointment of Reverend Andrew Smith as successor trustee; and 2. Providing such other relief as the Court considers proper. t c Dated: 6/7 | 4013 Aan Met | ROSIA LEE HART, Petitioner, Settlor and Sole Beneficiary of the Rosia Lee Hart Revocable Trust 5 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755aon Oo oO fF WO NY = Dated: bh le BRUCE ‘DER, Esq. Attorney for Petitioner VERIFICATION I am the Petitioner in this action; the foregoing Petition is true of my own knowledge, except as to the matters stated in it on my information or belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the | foregoing is true and correct and that this declaration was executed on ure 7 201 5, at Aestisc i , California. ROSIA LEE HART 6 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755Exhibit AFIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 1.1 Preamble Rosia L. Hart is the settlor of the Rosia L. Hart Revocable Trust created under that certain trust agreement dated May 19, 2004. In Section 3.1 of that trust agreement, the settlor reserved the right to amend the trust, in the following language: This trust may be amended, revoked, or terminated by the settlor, in whole or in part, at any time during settlor's lifetime. After the settlor's death, this trust shall be irrevocable and not subject to amendment. The settlor now wishes to exercise her right of amendment and, to that end, does hereby amend that agreement in the terms stated below. 1.2 Amendment of Section 5.3(a) Section 5.3(a) of that agreement is amended to read as follows: 5.3 Disposition of Trust Estate. On the settlor’s death, the trust estate shall be sold and disposed of as follows: (a) _ Distribution of Gifts. The Trustee shall distribute gifts of trust property hereinbelow, to the named individuals as follows: (i) Gifts of $10,000 outright to each of the following individuals who survive the settlor: a. Henry Gains, settlor’s brother, but if he fails to survive the settlor, then his share to his two daughters, Jackie Henderson and Corrida Gains in equal shares. b. Adeline Reed, settlor’s niece, but if she fails to survive the settlor, then her share to her daughters Gayle Reed and Rosalind Reed in equal shares. FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 1c. Gayle Reed, settlor’s grand-niece, but if she fails to survive the settlor, then to her issue by right of representation. If she fails to survive the settlor and leaves no issue, then to Rosalind Reed. d. Rosalind Reed, settlor’s grand-niece, but if she fails to survive the settlor, then to her issue by right of representation. If she fails to survive the settlor and leaves no issue, then to Gayle Reed. (ii) The remainder of the trust estate shall be distributed outright to Andrew Smith, in his individual capacity; provided however, that if he does not survive the settlor, then his share shall go to his daughter Jackie Smith. 1.3 Amendment of Section 5.3(b) Section 5.3(b) of that agreement is amended to read as follows: (a) Disinherit. I intentionally and with full knowledge disinherit, and omit any provision in my Trust for the following persons: 1. Alvira Ward 2. David Johnson 3. Willie Woods 4. Sadira Shaw 5. George Fruit 6. Cornelius Richardson 7. Amold Richardson 8. Gregory K. Wiggins 9. Arthur Lee Richardson Further, | intend that this disinheritance specifically defeat the application of any statutory heirship interest. FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 21.4 Deletion of Section 5.3(c). Section 5.3(c) of that declaration is deleted in its entirety. 1.5 Deletion of Section 5.3(d). Section 5.3(d) of that declaration is deleted in its entirety. 1.6 Amendment of Section 6.2 Section 6.2 of that agreement is amended to read as follows: Successor Trustees. If the office of trustee becomes vacant by reason of death, incapacity, or any other reason, and no successor trustee or cotrustees have been designated under any other provision of this trust instrument, the following, in the order of priority indicated, shall be trustee, subject to court approval: First: Andrew Smith Second: Jacqueline Smith If all those named above are unwilling or unable to serve as successor trustee, a new trustee or cotrustees shall be appointed by the court. 1.7 No-Contest Clause If any beneficiary under this instrument, singularly or in combination with any other person or persons, directly or indirectly does any of the following acts, then the right of that person to take any interest given to him or her by this instrument shall be void, and any gift or other interest in the trust property to which the beneficiary would otherwise have been entitled shall pass as if he or she had predeceased the settlor without issue. (a) Without probable cause challenges the validity of this instrument, or the validity of any contract, agreement (including any trust agreement), declaration of trust, beneficiary designation, or other document executed by the settlor, or executed by FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 3another for the benefit of the settlor, including settlor’s will and any codicils thereto, that is in existence on the date that this instrument is executed, on any of the following grounds: (i) Forgery; (ii) Lack of due execution; (iii) Lack of capacity; (iv) Menace, duress, fraud, or undue influence; (v) Revocation pursuant to the terms of this instrument or applicable law; (vi) Disqualification of a beneficiary who is a “disqualified person” as described in California Probate Code section 21350 or applicable successor statute. (b) Files a pleading to challenge the transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; (c) Files a creditor’s claim or prosecutes any action against the trust for any debt alleged to be owed to the beneficiary-claimant. 1.8 Ratification of Other Terms of Trust In every other respect, the settlor confirms and ratifies the terms of the trust as stated in that certain agreement dated May 19, 2004. 1.9 Execution Executed on febvciny ZS 2013, at Gan ENCIS2 California. SETTLOR Rasta L tnt Rosia L. Hart FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 4ACKNOWLEDGMENT State of California ) ) County of x AW Pong ) ) On { -\ yun 28 ‘Z0fF , before me, Ecuce A\- dec , anotary public, personally appeared ROSIA L. HART, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Gao ler (Notary Sign: (Seal) BRUCE i 1epon z CoM Mae 6 Rt ad AN FRANCISCO C0 COUNTY 9 COMM, EXPIRES FEB. 9, 2016 FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 5IOUANIUICT SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jun-10-2013 2:28 pm Case Number: PTR-06-288755 Filing Date: Jun-10-2013 2:24 Filed by: GERALDINE ANDERSON Juke Box: 001 Image: 04086025 SUBSEQUENT PROBATE PETITION IN THE MATTER OF THE ROSIA L. HART REVOCABLE TRUST 001P04086025 Instructions: Please place this sheet on top of the document to be scanned.oo ON OOOHlUPRUwULDN OU BRUCE A. FEDER (SBN70803) Kato, Feder & Suzuki, LLP 685 Market Street, Suite 490 San Francisco, California 94105 Telephone: (415) 974-5715 Facsimile: (415) 974-6199 JUN 10 13 Attorneys for ae URT Rosia Lee Hart CLE yi oF i BY: ee" Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA San Francisco County Superior Court COUNTY OF SAN FRANCISCO | In Re: Case No. PTR-06-288755 PETITION FOR ORDER APPROVING FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST dated May 19, 2004 [Probate Code §17200] SEP 1 Date: 02013 Time: 9:00 a.m. Dept.: Probate; Room 204 THE ROSIA L. HART REVOCABLE TRUST dated May 19, 2004 | Rosia Lee Hart, a.k.a. Rosia L. Hart, Petitioner and former conservatee, hereby presents | her Petition for Order Approving First Amendment to Rosia L. Hart Revocable Trust dated May 19, 2004. 1. Introduction: Petitioner, Rosia Lee Hart, executed the Rosia L. Hart Revocable | Trust (the “Trust”) on May 19, 2004. Mrs. Hart was formerly under a conservatorship. On May 24, 2006, private professional fiduciary, Herb Thomas, was appointed temporary conservator of | the estate of Rosia Lee Hart and Mrs. Hart’s Trust was brought under continuing supervision of this court. On November 16, 2006, Mr. Thomas was appointed general conservator of Mrs. | Hart’s estate and also appointed successor trustee of Mrs. Hart’s Trust. Mrs. Hart continues to PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO, PTR-06-288755N NN NY DY NY NY HN B@ o@ oi ow 2 2 ow ow ow oN OP GO F BO NH SB GO BAN DaAKR WD HAS o ON OW HO RF WY DY = be the sole beneficiary of her Trust. On October 26, 2012, by Bruce A. Feder, court appointed counsel for Mrs. Hart, Ms. | Hart filed a Petition for Termination of Conservatorship. On February 28, 2013, this court granted the Petition for Termination and the remainder of her conservatorship estate was transferred to her trust. 2. Necessity to Amend Trust: Prior to the establishment of the conservatorship and | court supervision of the Trust, Mrs. Hart had been the victim of undue influence that resulted in | financial abuse by Gregory Wiggins; a series of events that led to the establishment of the conservatorship and court supervision of the Trust. By the time the temporary conservatorship | of estate was established, Mr. Wiggins had influenced Mrs. Hart to engage in a series of real estate and financial transactions with devastating financial repercussions to Mrs. Hart. He also influenced her to execute various estate planning documents naming him as her fiduciary. On August 2, 2004, Mrs. Hart executed The Rosia L. Hart Revocable Trust (“Trust”), naming Mr. Wiggins as her successor trustee and one of several beneficiaries of her trust estate. She also executed a pour over will naming Mr. Wiggins her executor, and executed a Durable Power of Attomey for Finances and an Advance Health Care Directive naming Mr. Wiggins her agent on both documents. After the establishment of the conservatorship, the powers of attorney for finances were revoked and Mrs. Hart eventually changed her health care directive removing Mr. Wiggins as her health care agent. As previously noted, Herb Thomas was appointed the } successor trustee of Mrs. Hart’s Trust. It is well documented that Mrs. Hart was never in favor of Mr. Thomas serving as successor trustee of her Trust. After the termination of the conservatorship, Mrs. Hart instructed attorney Bruce A. Feder to prepare a First Amendment to Rosia L. Hart Revocable Trust naming her friend | Reverend Andrew Smith as successor trustee, her friend Jacqueline Smith, who is Andrew Smith’s daughter, as alternate successor trustee, and amending the dispositive provisions of the | trust by changing certain trust beneficiaries and specifically excluding Mr. Wiggins as a beneficiary. In conjunction with the Trust Amendment, Mr. Feder also prepared a First Codicil 2 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-2887552 02 46 a o no = & 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o ON OO FF WD = To Will of Rosia L. Hart dated August 2, 2004, naming Andrew Smith as Executor and | Jacqueline Smith as alternate executor. Mrs. Hart executed the Trust Amendment on February 28, 2013, and seeks approval of that amendment by this petition. Attached hereto and Exhibit A and incorporated by reference is a true and correct copy of the First Amendment to Rosia L. Hart Revocable Trust. 3. Court Approval of Amendment: Although Mrs. Hart has the capacity to amend her Trust as she wishes, the Trust remains under court supervision. For this reason, Petitioner requests approval of the executed First Amendment to Rosia L. Hart Revocable Trust as well as | approval of the appointment of a new successor trustee per Probate §17200. §17200 sections (a) and (b) (13) provide that: “(a) Except as provided in Section 15800, a trustee or beneficiary of a trust may petition | the court under this chapter concerning the internal affairs of the trust or to determine the existence of the trust. (b) Proceedings concerning the internal affairs of a trust include, but are not limited to, any of the following purposes:..... (13) Approving or directing the modification or termination of a trust.” Cal. Prob. Code §17200(a) & (b)(13). | Probate Code §17200(b)(10) further provides that: “(b) Proceedings concerning the internal affairs of a trust include, but are not limited to, any of the following purposes: ..... (10) Appointing or removing a trustee.” Cal. Prob. Code §17200(b)(10). Petitioner is currently the sole beneficiary of the Trust. Pursuant to the statutory | authority cited above, Petitioner requests approval of the First Amendment to Rosia L. Hart Revocable Trust. Given Mrs. Hart’s difficult relationship with the current successor trustee, } Herb Thomas, and her long standing desire to make her own decisions, it would be appropriate for the court to approve the appointment of a successor trustee of her own choosing. Mrs. Hart | trusts her long time friend Reverend Andrew Smith whom she has known all of his life. Should the court have concerns regarding a non-professional serving as successor trustee, the court may wish to retain supervision over the trust for approximately one year. At the end of the year, the 3 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755o ON OO Rh WD = based on its findings. | successor trustee will provide the court with a status report and trust accounting for the court’s review. Petitioner may then request that the court consider the termination of court supervision With regard to Mrs. Hart modifying the dispositive provisions of her trust, given the | testamentary capacity to do so. immense financial harm caused by Gregory Wiggins, it follows that Mrs. Hart would want to remove Mr. Wiggins as a beneficiary of her trust estate, and in any event, she has the requisite 4. Trust Beneficiaries/Persons Entitled to Notice: The names and addresses of those | who are entitled to notice are: Rosia Lee Hart 3133 Crestline Court Antioch, CA 94531 Adeline Reed 306 Portland Avenue Oakland, CA 94606 Gayle R. Reed 2389 Flatley Circle Fairfield, CA 94531 Rosalind Reed Williams 4766 Stonewood Drive Fairfield, CA 94531 Pastor Henry Gains 1490 Kennedy Avenue Weed, CA 96094 Gregory Wiggins 3101 Crestline Court Antioch, CA 94531 Reverend Andrew Smith 2709 Lotus Court Antioch, CA 94531 (Settlor and Beneficiary) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in both the May 19, 2004 Trust and in February 28, 2013 Amendment) (beneficiary named in the May 19, 2004 Trust but specifically disinherited from February 28, 2013 Amendment) (beneficiary named in February 28, 2013 Amendment but not in the May 19, 2004 Trust) 4 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO, PTR-06-288755on Oo a Fk WwW DN = Jackie (a.k.a Jacqueline Smith) (beneficiary named in the February 28, 2013 2705 Lotus Court Amendment but not in the May 19, 2004 Trust) Antioch, CA 94531 5. Notice Pursuant to Probate Code §17203. a. Probate Code §17203(a): The trust beneficiaries named in Paragraph 4 | above will receive notice of this proceeding pursuant to Probate Code §17203(a). | b. Probate Code §17203(b): Probate Code §17203(b) requires that a person “other than a trustee or beneficiary, whose | right, title or interest would be affected by the petition and who does not receive notice pursuant to subdivision (a)” receive notice of the hearing and a copy of the petition served pursuant to | Chapter 4 (commencing with Section 413.10) of Title 5 of Part 2 of the Code of Civil Procedure. Accordingly, Petitioner will provide notice and a copy of this petition to Gregory Wiggins who is hereby disinherited as no longer named the successor trustee or a beneficiary of Petitioner’s trust. | The other individuals specifically disinherited as set forth in Section 1.3 of the Amendment were never named as beneficiaries in the May 19, 2004 Trust and are not entitled to notice or a copy of this Petition. 6. Special Notice. By ex parte Order dated October 11, 2007, the request by Baum Thornley Architects for special notices was granted, and notice will be provided through their | attorneys, Coblentz, Patch, Duffy and Bass LLP, One Ferry Building, Suite 200, San Francisco, CA 94111-4213. WHEREFORE, Petitioner prays for an Order of the Court: I 1. To approve the First Amendment to Rosia L. Hart Revocable Trust including the | appointment of Reverend Andrew Smith as successor trustee; and 2. Providing such other relief as the Court considers proper. Dated: b/ 4 | 4o13 Rare. ROSIA LEE 2. te Petitioner, Settlor and Sole Beneficiary of the Rosia Lee Hart Revocable Trust 5 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755on 8 HO FF WO DY = Be a a a aw a an aw on Oo oOo F&F BOW NBS |= GD © 19 20 21 22 23 24 25 26 27 28 | Dated: bh lg BRUCE DER, Esq. Attorney for Petitioner VERIFICATION Tam the Petitioner in this action; the foregoing Petition is true of my own knowledge, | except as to the matters stated in it on my information or belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the j foregoing is true and correct and that this declaration was executed on ure 7 201 5, at Aesrac ky » California. Ravan lee Rot ROSIA LEE HART 6 PETITION FOR ORDER APPROVING THE FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST CASE NO. PTR-06-288755Exhibit AFIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 1.1 Preamble Rosia L. Hart is the settlor of the Rosia L. Hart Revocable Trust created under that certain trust agreement dated May 19, 2004. In Section 3.1 of that trust agreement, the settlor reserved the right to amend the trust, in the following language: This trust may be amended, revoked, or terminated by the settlor, in whole or in part, at any time during settlor's lifetime. After the settlor's death, this trust shall be irrevocable and not subject to amendment. The settlor now wishes to exercise her right of amendment and, to that end, does hereby amend that agreement in the terms stated below. 1.2 Amendment of Section 5.3(a) Section 5.3(a) of that agreement is amended to read as follows: 5.3 Disposition of Trust Estate. On the settlor’s death, the trust estate shall be sold and disposed of as follows: (a) Distribution of Gifts. The Trustee shall distribute gifts of trust property hereinbelow, to the named individuals as follows: (i) _ Gifts of $10,000 outright to each of the following individuals who survive the settlor: a. Henry Gains, settlor’s brother, but if he fails to survive the settlor, then his share to his two daughters, Jackie Henderson and Corrida Gains in equal shares. b. Adeline Reed, settlor’s niece, but if she fails to survive the settlor, then her share to her daughters Gayle Reed and Rosalind Reed in equal shares. FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 1c. Gayle Reed, settlor’s grand-niece, but if she fails to survive the settlor, then to her issue by right of representation. If she fails to survive the settlor and leaves no issue, then to Rosalind Reed. d. Rosalind Reed, settlor’s grand-niece, but if she fails to survive the settlor, then to her issue by right of representation. If she fails to survive the settlor and leaves no issue, then to Gayle Reed. (ii) The remainder of the trust estate shall be distributed outright to Andrew Smith, in his individual capacity; provided however, that if he does not survive the settlor, then his share shall go to his daughter Jackie Smith. 1.3. Amendment of Section 5.3(b) Section 5.3(b) of that agreement is amended to read as follows: (a) Disinherit. I intentionally and with full knowledge disinherit, and omit any provision in my Trust for the following persons: 1. Alvira Ward 2. David Johnson 3. Willie Woods 4. Sadira Shaw 5. George Fruit 6. Cornelius Richardson 7. Arnold Richardson 8. Gregory K. Wiggins 9. Arthur Lee Richardson Further, | intend that this disinheritance specifically defeat the application of any statutory heirship interest. FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 21.4 Deletion of Section 5.3(c). Section 5.3(c) of that declaration is deleted in its entirety. 1.5 Deletion of Section 5.3(d). Section 5.3(d) of that declaration is deleted in its entirety. 1.6 Amendment of Section 6.2 Section 6.2 of that agreement is amended to read as follows: Successor Trustees. If the office of trustee becomes vacant by reason of death, incapacity, or any other reason, and no successor trustee or cotrustees have been designated under any other provision of this trust instrument, the following, in the order of priority indicated, shall be trustee, subject to court approval: First: Andrew Smith Second: Jacqueline Smith If all those named above are unwilling or unable to serve as successor trustee, a new trustee or cotrustees shall be appointed by the court. 1.7, No-Contest Clause If any beneficiary under this instrument, singularly or in combination with any other person or persons, directly or indirectly does any of the following acts, then the right of that person to take any interest given to him or her by this instrument shall be void, and any gift or other interest in the trust property to which the beneficiary would otherwise have been entitled shall pass as if he or she had predeceased the settlor without issue. (a) Without probable cause challenges the validity of this instrument, or the validity of any contract, agreement (including any trust agreement), declaration of trust, beneficiary designation, or other document executed by the settlor, or executed by FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 3another for the benefit of the settlor, including settlor’s will and any codicils thereto, that is in existence on the date that this instrument is executed, on any of the following grounds: Gi) ‘Forgery; (ii) Lack of due execution; (iii) Lack of capacity; (iv) Menace, duress, fraud, or undue influence; (v) Revocation pursuant to the terms of this instrument or applicable law; (vi) Disqualification of a beneficiary who is a “disqualified person” as described in California Probate Code section 21350 or applicable successor statute. (b) Files a pleading to challenge the transfer of property on the grounds that it was not the transferor’s property at the time of the transfer; (c) Files a creditor’s claim or prosecutes any action against the trust for any debt alleged to be owed to the beneficiary-claimant. 1.8 Ratification of Other Terms of Trust In every other respect, the settlor confirms and ratifies the terms of the trust as stated in that certain agreement dated May 19, 2004. 1.9 Execution Executed on febvciy ZS , 2013, at Gr fencis!2 California. SETTLOR Rasta L pp-nfh Rosia L. Hart FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 4ACKNOWLEDGMENT State of California ) - ) County of San Cony oO ) On U 28 ZOff, before me, Ue A: 2-_, anotary public, personally appeared ROSIA L. HART, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NQ (Notary Sign: :) BRUCE A. FEDER COMM. # 1969039 TARY PUBLIC - CALIFORNIA ‘SAN FRANCISCO COUNTY COMM. EXPIRES FEB. 9, 2016 FIRST AMENDMENT TO ROSIA L. HART REVOCABLE TRUST 5