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SUPERIOR COURTS
ANTHONY M. BUDHAI ERIOR onl
P.O. BOX 690521
STOCKTON, CA 95269-0521 2022 00T 27 AH 9:
pga PANDO EARILEY
(209) 948-2705 Pp: TE ARLEY,
Petitioner in Pro Per
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN JOAQUIN
IN THE ESTATE OF: CASE NO.: STK-PR-EST-2022-705
JACK A. NOAH,
RESPONSES TO PROBATE CALENDAR NOTES
HEARING: = 11/02/2022
TIME: 8:30 A.M.
DEPT.: IIA
STOCKTON MAIN COURTHOUSE
DECEDENT.
KOH
10
1. WHAT EFFORTS HAVE BEEN MADE TO DETERMINE IF DECEDENT DID/DID
NOT HAVE CHILDREN?
REPONSE TO PROBATE NOTE #1:
I hired Lauren Grasso to do the research regarding blood relatives, she attempted to find
the blood relatives, but was unable to find any information regarding blood relatives of
the Decedent. She contacted San Joaquin Administrator’s Office who stated they were
willing to work with me. The San Joaquin Administrator’s Office (David Caldwell),
because the Decedent was a veteran, the County Administrator’s office received
information from the veteran’s office stating the only blood relatives they found were the
sister and brother (Linda Dierks and Don Dierks) The County Administrator’s office
actually contacted Linda Dierks and Don Dierks, who informed Mr. Caldwell that they
RESPONSES TO PROBATE CALENDAR NOTIES - 1had been estranged from their brother for many years. When the Veteran’s
Administration was contacted, they did not provide any references to any children of the
Decedent. (See attached email between Lauren Grasso and David Caldwell).
The Decedent never mentioned to me that he had children. And, I have known the
Decedent since 1990. When I met the Decedent, we were neighbors, he had no wife or
children that I was aware of, there was no one living in his home but the Decedent since I
met him in 1990.
2. PROVIDE CLEAR AND CONVINCING EVIDENCE THAT, AT THE TIME THE
TESTATOR SIGNED THE WILL, THE TESTATOR INTENDED THE WILL TO
CONSTITUTE THE TESTATOR’S WILL-FURTHER
CLARIFICATION/EXPLANATION NEEDED.
RESPONSE TO PROBATE NOTE #2: Although the Decedent was in the hospital at
the time he signed his will, he was competent and clearly aware that he was signing his
last will and testament. The Decedent signed a Power of Attorney (See attached signed
and notarized Power of Attorney) first which was notarized. There was another witness
besides me, a nurse, Anthony Peck, LVN, employee at the hospital who was in charge of
the floor where the Decedent was located. I also took a video of the signing of the will
and can provide that video to the court. The Decedent requested that I prepare these
documents as the hospital required someone with whom they could discuss his medical
condition. There was no one else the hospital was able to locate to discuss the
Decedent’s medical/health issues. 1 was not aware of Linda Dierks and Don Dierks at
that time, I did not learn about them until ] was trying to make funeral arrangements..
RESPONSES TO PROBATE CALENDAR NOTIES - 2When the Decedent went to hospital emergency in December 2021, the hospital called
me because Decedent told them to call me. Although the hospital was trying to locate
any family members of the Decedent, there was no one they could find, so they called me
as the Decedent had instructed them to do.
I declare under penalty of perjury under the laws of the State of California that the
foregoing RESPONSES TO PROBATE NOTES are tr
Dated: fe [ Li » 2022
; BUDHAL, Petitioner
RESPONSES TO PROBATE CALENDAR NOTIES - 3EMAILS BETWEEN
LAUREN GRASSO,
DAVID CALDWELL OF
SAN JOAQUIN COUNTY
ADMINISTRATOR’S
OFFICE AND LODI
FUNERAL HOME
8
RESPONSES TO PROBATE CALENDAR NOTIES -ay
Re: Noah, Jack
an
Lauren Grasso Tue, Mar 1, 2022 at 12:35 PM
To; dealdwell@sjgov.org
Good afternoon,
On behalf of Anthony Budhai, please find the attached documents.
Thank you,
Lauren Canepa-Grasso
Caldwell, David [SO] Thu, Mar 3, 2022 at 9:07 AM
To: Lauren Grasso
The POA and POLST unfortunately do not give Anthony the authority to make final disposition
arrangements. Our Office may have to get involved as it doesn't appear that there are the correct
documents for MR Budhai to act. You mentioned that you were filling with the Court however
nothing is recorded at this time. You also said there is a Will naming Anthony Budhéi as the
Executor and Beneficiary of Jack Noah's Estate. It looks as if our office is going to need to get
involved. We are willing to work with Mr. Budhai but are going to need to see the Will to confirm his
position with the Estate.
Good news. | have heard back from the VA Eligibility and MR. Noah is eligible for placement at a
National Cemetery. He may have to be buried instead of cremated do to not having a blood relative
to sign or appropriate documents that give someone else the authority.
Please contact me to discuss or set up a time to meet.
From: Lauren Grasso Mon, Mar 7, 2022 at 9:27 AM
To: Caldwell, David [SO] Good morning Mr. Caldwell,
!am so pleased to hear that Mr. Noah is e Veteran and that he has blood relatives (brothers and sisters) that you were
able to locate. When you are able to locate their contact information, please forward it o me so we are able to adhere to
the Probate Court's Proof of Service of Hearing rules.
Please find, attached hereto, the Last Wilt and Testament of Jack A. Noah and the Durable Power of Attorney, as it
pertains to Mr. Jack A. Noah.
| look forward to hearing back from you.
Sincerely,
‘en Canepa-Grasso
eb beet ia
Caldwell, David [SO] Mon, Mar 7, 2022 at 2:04 PM
To: Lauren Grasso
Thanks for the copy of the Will. It looks to be a valid Will. The Will does not give Mr. Dudhai
authorization to make final disposition. However, | have located 2 siblings. A brother and a sister.
They have been estranged from their brother for many years. | have talked to his sister Linda
Dierks and she is willing to help you with a signature. Her contact information is HM: 336-229-
5948 Cell: 336-227-1266 She lives in North Carolina. If you contact her and discuss what you
guys want to do | she can authorize it with the funeral home. Mr. Budhai can pay for the
disposition and should then reimburse himself from the estate once he has obtained Letters.
Since you now have a path forward our office will consider the case closed. | have attached his
eligibility for national cemetery for the funeral home.
Let me know if this doesn’t work out. We need to get him taken care of.iq
Noah, Jack A.
di
Lauren Grasso Wed, Mar 9, 2022 at 8:41 AM
To: rogers.Ifh@gmaif.com
Good morning,
J appreciate your call this morning.
Regarding Mr. Noah, | provided your staff with the contact information of his sister so she is able to authorize the
arrangements she and Mr. Budhai have decided upon.
Additionally, | provided your staff with the case number and contact information for Mr. Noah's military funeral services/
benefits.
Please advise as to how to proceed and what you need from Mr. Budhai.
Thank you,
Lauren Canepa-Grasso
Roger Soto Wed, Mar 9, 2022 at 8:57 AM
To: Lauren Grasso .
Good Morning Mrs. Canepa,
I received a message with Mr. Jack Noal's sister's information and have reached out to her. As we await her response, all
arrangements are pending as we will require, under California law, her signature on the cremation paperwork. The San
Joaquin County Public Administrator's office has been in contact with Mrs. Linda Noah and has also been on contact with
the Veterans Administration ta secure a niche for Mr. Noah. .As of this point we need Linda's signature on the paperwork
in order to proceed forward and will advise you and Mr. Budhai once all has been completed. No further action is required
at this time of Mr. Budhai. Thank you.
Sincerely,
Roger Soto
Lodi Funeral Home
(209) 369-3564
Lauren Grasso Wed, Mar 9, 2022 at 10:14 AM
To: Roger Soto
Mr. Soto,
Thank you for the update.
| lock forward to hearing from you soon.
Sincerely,
Lauren Canepa-Grasso
es tes Test ter}
Lauren Grasso Wed, Mar 9, 2022 at 10:15 AM
To: AMBudhai@yahoo.com
Good morning,Please see below.
Thank you,
Lauren Canepa-GrassoRECORDING REQUESTED BY:
On M- Budhai
Bec ae ofan oi z6n8, oe
PAL2024 08: 28:3
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Pa
MAILTO: fingeho-v) Bud hai a
Pp. Box LIOSAI
Stockton , CA .
G62 65 -064l
iN ORR aa
wero ragy
)
(Please fillin documenttitie(s) on this IiCALIFORNIA DURABLE POWER! OF ATTORNEY
(California Probate Code Section 4401)
v
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY
ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT
(CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HAVE ANY QUESTIONS ABOUT
THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT
AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU.
YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
OMA NO 0 PO.poesena ey tacharlen Te,
[Principal’s Name} [Principal's Address} 1208S
appoint QHUTEGNY th, Baud Act Po.por 0S2\ 4 inden CA.
I
[Agent's Name] (agent's Address] PEILG
as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following
initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND
IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE OR MORE, BUT
FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH
POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINEINFRONT *
OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
INITJAL
~). Real property transactions.
(B) Tangible personal property transactions.
¥(C) Stock and bond transactions.
) Commodity and option transactions.
ys Banking and other financial institution transactions.
—"”® Business operating transactions.
___{G) Insurance aud annuity transactions.
(A) Estate, trust, and other beneficiary transactions,
Sa Claims and litigation.
_ WW) Personal and family maintenance. °
___(K) Benefits from social security, medicare, medicaid, or other governmental
programs, or civil or military service.
MAL) Retirement plan transactions.
1) Tax matters.
_MIN) ALL OF THE POWERS LISTED ABOVE.
YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).
ih
6 Page 1 of 5
|SPECIAL INSTRUCTIONS:
i
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR
EXTENDING THE POWERS GRANTED TO YOUR AGENT.
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY ISEFFECTIVE
IMMEDIATELY AND WILL CONTINUE UNTIL IT ISREVOKED.
This power of attorney will continue to beleffective even though I become incapacitated.
STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO
CONTINUE IF YOU BECOME INCAPACITATED.
EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED
If I have designated more than one agent, ithe agents are to act
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO
ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD "SEPARATELY" IN
THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF
YOU INSERT THE WORD "JOINTLY", THEN ALL OF YOUR AGENTS MUST ACT ORSIGN
TOGETHER.
| agree that any third party who receives a copy of this document may act under it.
Revocation of the power of attorney is not effective as to a third party until the third party has
actual knowledge of the revocation. I agree to indemnify the third party for any claims that
arise against the third party because of reliance on this power of attorney.
Signed this. ay of, d 20g- \ .
we tH Tick A-Noah
eb hve of Principal]
yA Uy +56 |
[Principal's Soctal Security Number]
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE
FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
5
Page 2 of 5|
i
CERTIFICATE OF ACKNOWLEDGMED
|
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which the certificate is attached, and not the truthfulness,
accuracy, or validity of that document. i
State of California )
County Sin hay Jia )
oo 209,| stad nil Y Helly ie Nadas in and
e State of California, rsonally appeared ck.
it
(PRINCIPAL & AGENT(S)
who prbveéd 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 vpn 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.
Page 3 of 5NOTICE TO PERSON EX! DURABLE POWER OF ATTORNEY
(California Probate|Code Section 4128(a))
|
A durable power of attorney is an impertant legal document. By signing the durable power
of attorney, you are authorizing another person to act for you, the principal. Before you sign this
durable power of attomey, you should know these important facts:
i
Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise
in writing. |
This document gives your agent the powers to manage, dispose of, sell, and convey your
real and personal property, and to use your property as security if your agent borrows money on your
behalf. This document does not give your agent!the power to accept or receive any of your property,
in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift.
Your agent will have the right to receive reasonable payment for services provided under
this durable power of attorney unless you provide otherwise in this power of attorney.
The powers you give your agent will continue to exist for your entire lifetime, unless you
state that the durable power of attorney will last for a shorter period of time or unless youotherwise
terminate the durable power of attorney. The powers you give your agent in this durable power of
attorney will continue to exist even if you can no longer make your own decisions respecting the
management of your property.
You can amend or change this durable|power of attorney only by executing a new durable
power of attorney or by executing an amendment through the same formalities as an original. You
havé the right to revoke or terminate this durable power of attorney at any time, so long as youare
competent.
__ This durable power of attorney must be dated and must be acknowledged before a notary
public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the
signing of the power of attorney or (2) the principal's signing or acknowledgment of his or her
signature. A durable power of attorney that may affect real property should be acknowledged before
anotary public so that it-may easily berecorded.
You should read this durable power of attorney carefully. When effective, this durable
power of attorney will give your agent the right to deal with property that you now have or might
acquire in the future. The durable power of attorney is important to you. If you do not understand
the durable power of attorney, or any provision'of it, then you should obtain the assistance of an
attorney or other qualified person.
iM
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NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY -IN-FACT
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you
assume the fiduciary and other legal responsibilities ofan agent. These responsibilities include:
lL. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.
2. The legal duty to keep the principal's property separate and distinct from any other property
owned or controlled by you. i ,
You may not transfer the principal's property to yourself without full and adequate
consideration or accept a gift of the principal's property unless this power of attorney specifically
authorizes you to transfer property to yourself or accept a gift of the principal's property. Ifyou
transfer the principal's property to yourself without specific authorization in the power of attorney,
you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at
the time that the property is transferred to youjwithout authority, you may also be prosecuted for
elder abuse under Penal Code Section 368. In padition to criminal prosecution, you may also be
sued in civil court. |
j
Thave read the foregoing notice and [understand the legal and fiduciary duties that 1
assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of
|
attorney.
Date: fa: \7ou
[Prin Name-of eigen
8 :
Page 5 of §
|[ Seine get ederenceete anvtie] CALIFORNIA ALL-PURPOSE
is attached, and not the truthfulness, accuracy, or validity of that document. CE RTI F | CATE Oo F
q
State of California ) ACKNOWLEDGMENT
county of Gey) )
On : ‘ ( before me, Walle ¥ Kell gen
(here insert name and title akthe officer)
personally appeared TAC A VY NOA Ka aed
,
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.
| 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.
Signature *
OPTIONAL! INFORMATION
Although the information in this section is not required by low, it could prevent fraudulent removal and reattachment of this
acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document.
Description of Attached Document
The preceding Certificate of Acknowledgment is tached to a dogument | Method of Signer Identification
Proved to me on the basis of satisfactory evidence:
titled/for the purpose of
LO forms) ofidentification © credible witness(es)
7 ' Notarial event is detaited in notary journal on:
containing » pages, and dated lo: | | ¢ )b: | . Page # Entry #
|
The signer(s) capacity or authority is/are as: Notary contact:
idual(s) ! Other
Attorney-in-Fact Additional Signer(s} Signer{s) Thumbprint(s)
Corporate Officers)
Te) 0
Guardian/Conservator i
CO péitner - Limited/General |
rustee(s)
Other: .
7
‘in
fepresenting:
Warmela) of PersonG) or Entitled) Signer is Representing
jotary, Inc. PO Box 41400, Ces Moines, {A 50311-0507. All Rights Reserved. Item Ni
© Copyright 2007-2014 Ne
jumber 101772. Please contact yout Authasized Reseller to purchase copies of this forPOWER OF ATTORNEY
NOTARIZED AND
SIGNED BY DECEDENT
RESPONSES TO PROBATE CALENDAR NOTIES - 5