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MONEE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Jan-04-2011 12:07 pm
Case Number: PTR-10-293933
Filing Date: Jan-04-2011 12:06
Juke Box: 001 Image: 03080021
DECLARATION
IN THE MATTER OF THE ALOHA AILES 2000 TRUST DATED JUNE 8, 2000 TRUST
001P03080021
Instructions:
Please place this sheet on top of the document to be scanned.nescence
VIRGINIA PALMER #98186 supratte oourr
FITZGERALD ABBOTT & BEARDSLEY LLP COUATY 2: SAW Fa ANCISCO
1221 Broadway, 21" Floor
Oakland, California 94612 201t JAN AM It: 52
Telephone: (510) 451-3300 c
Facsimile: (510) 451-1527 CLEAR UF Tee COURT
Email: ypalmer@fablaw.com
Attorneys for Fidelity Personal Trust Company, FSB,
Trustee of The Aloha L. Ailes Trust
BY.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In re The Aloha L. Ailes 2000 Trust dated Case No.: PTR-10-293933
June 8, 2000
Hearing Date: January 12, 2011
Time: 9:00 am
Dept.: 204
DECLARATION OF VIRGINIA PALMER
1, Virginia Palmer, declare as follows:
1 Che facts stated in this declaration are within my personal knowledge and, if
called to testify as a witness in this proceeding, I could and would testify competently to the
contents.
2. am an attorney at law admitted to practice before all of the courts of the State
of California and am a partner in the law firm of Fitzgerald Abbott & Beardsley LLP. I am the
primary attorney representing Fidelity Personal Trust Company, FSB ("Fidelity" or "Trustee",
the Trustee of The Aloha L. Ailes 2000 Trust (the "Trust").
3. On November 24, 2010, the Trustee filed an Amended Petition for Interpretation
and Instructions Regarding Trust Provisions to Approve Termination of Trust, and to Ascertain
Beneficiaries, which is set for hearing on January 12, 2011.
iit
1,
DECLARATION OF VIRGINIA PALMER
1/4/11 (26539) #399766.)16
17
4. On Sunday night, December 26, 2010, Robert Silco ("Sileo”), the decedent's
former landlord, sent me an email containing a document ("Document"), which is attached
hereto as Exhibit A. The Document is titled "Amendment to Trust Agreement for the Aloha L.
Ailes 2000 Trust dated June 8, 2000." The Document is unsigned and undated.
5. When I returned to the office after the holiday, I reviewed the email and the
Document and contacted the Trustee to inquire if it had ever seen this Document before, if it
had a signed copy, and if it had the original. The Trustee responded in the negative to all three
questions.
6. Sileo's email, which is attached as Exhibit B to this Declaration, states that he
found the Document in his files. 1 inquired of Sileo if he (1) had the original, (2) had a signed
version of the Document, and (3) to explain how it came to be in his possession. On January 3,
2011, 1 sent a second email requesting the same information. As of the date of this Declaration,
I have not had a response from Sileo.
7. Fidelity began acting as the Trustee of the Trust on October 16, 2006. The
Trustee had no knowledge of the existence of this Document before Sileo produced it and
delivered it to me by email; therefore, there was no delivery by the settlor of the Trust to the
Trustee. The Document is not signed or dated and there is no information on when it was
written. In addition, it was not in the settlor's records at her apartment. The Document
produced is stamped "copy" and as the original was not among the settlor’s possessions, it is
possible it was destroyed by the settlor.
8. The beneficiaries under the Trust are reduced significantly under the terms of
the Document.
9. I reviewed the Trust to determine its provisions regarding how the settlor may
amend the Trust. It states at Paragraph 2.3:
“Right to Amend the Trust Agreement. | reserve the right to
amend at any time all or any part of this Trust Agreement, without
obtaining the consent of or giving notice to any beneficiary.”
itt
2.
DECLARATION OF VIRGINIA PALMER
W441] (26539) 4399766.110. Probate Code, Section 15402, states that unless the trust states otherwise, the
settlor may modify the trust under the procedures for revocation. Section 15401, the
provision regarding revocation, states that the trust can be revoked "by a writing (other than a
will) signed by the settlor and delivered to the trustee during the lifetime of the settlor..."
11. Pursuant to the provisions of the Probate Code, the Document, as presented,
appears not to qualify as a valid amendment to the Trust.
] declare under the penalties of perjury under the laws of the State of California that the
foregoing is true and correct and was executed on January 4, 2011, at Oakland, California.
FITZGERALD/ABBOTT & BE. SLEY LLP
By tr ty mie PEL VE!
Virginia Péjmer
3.
DECLARATION OF VIRGINIA PALMER
14/11 (26539) #399766.1AMENDMENT
TO
TRUST AGREEMENT FOR THE
ALOHA L. AILES 2000 TRUST
DATED JUNE 8, 2000
The Trust Agreement for the Aloha L. Ailes Trust, dated June 8, 2000, (the "Trust"), executed by
Aloha L. Ailes, as Settlor and Original Trustee, shall be amended as follows:
ARTICLE 5
GIFTS OF TANGIBLE PERSONAL PROPERTY
Upon my death, subject to the payment of, or satisfactory provision being made for, ail
my debts and taxes (including all Estate taxes), the following distributions shal! be made by the
Trustees from the trust estate.
Ten percent (10%) of my entire estate shall be distributed outright to Sandra Babcock. If
she predeceases me, this portion of my estate shall be distributed as set forth below.
The remainder of my estate shall be distributed as follows: commencing with the date of
my death, distributions shall be made at least quarterly such that my entire estate wil! be
distributed over the succeeding ten (10) year period to the following individuals equally:
Barbara Hunt, Helga Prangl and Sharon Williams. In the event that Barbara Hunt predeceases
me, her share shall be distributed to Sandy Cabrea. In the event that both Barbara Hunt and
Sandy Cabrea predecease me, said share(s) shall be distributed to Sandy Cabrea’s son, Cruz P.
Perez, as set forth herein. In the event that any of the above individuals predecease me, the
remainder of my estate shall be distributed equally to those individuals named above who
survive me.
All my interest in my tangible personal property, not effectively disposed of above,
together with any insurance on such property, shall be distributed by the Trustee outright as set
forth above. In the event that none of the individuals set forth above survive my death, the
Trustee shall distribute my estate outright to the Hospice of San Francisco.
The remainder of the Trust shall remain unchanged and shall be in full force and effect.
AMENDMENT TO TRUST AGREEMENT FOR THE
ALOHA L. AILES 2000 TRUST
yt mee.OVirginia Palmer .
From: Virgilio {virgilios@peoplepc.com}
Sent: Sunday, December 26, 2010 7:33 PM
To: Virginia Palmer
Subject: Aloha Ailes
scan0002.jpg
(1 MB)
Hi Virginia.
Going to my files on your client Ms. Aloha Ailes I*ve found an Amendment to
Ms. Ailes Trust Agreement, as I dont know if the four people named have
recieved a copy of it, I plan to send copies to each of them. Hope the new
year is a good one for you.
Bob Sileo
PeoplePC Online
A better way to Internet
http: //www.peoplepc.comPROOF OF SERVICE - C.C.P. §1013A
I, the undersigned, declare: 1 am employed in the County of Alameda, State of
California. I am over the age of 18 and not a party to the within action. 1 am employed by
Fitzgerald Abbott & Beardsley LLP, located at 1221 Broadway, 21" Floor, Oakland,
California 94612. | am readily familiar with this firm’s business practice of processing of
documents for service.
On January 4, 2011, I served a true and correct copy of the following document:
DECLARATION OF VIRGINIA PALMER
on all of the following interested parties, by causing service by the method indicated below:
Katie Stanley David Sutton Sandy Babcock-Goates
43 Sistova Road 29 Alfriston Grove 1157 Valencia Street, #9
Balham, London SW 129QR Kings Hill, Kent ME194AS — San Francisco, CA 94110
England United Kingdom
Barbara Hunt Helga Prangl Attorney General's Office
2101 Anderson Lane, #216 555 Pershing Drive State of California
Austin, TX 78757 Walnut Creek, CA 94597 P. O. Box 903447
Sacramento, CA 94203-4470
George Smith Sharon Williams Hospice By The Bay
764 Second Avenue 32-79 44" Street, #4D 1902 Van Ness Avenue, 2" F].
Chula Vista, CA 91910 Long Island City, NY 11103 San Francisco, CA 94109
Attention: Ms. Sandra Lew
US San Francisco British
Consulate-General
One Sansome Street, Suite 850
San Francisco, CA 94104
U.S. Mail - By placing a copy of said document(s) in a sealed envelope with postage
thereon fully prepaid, and depositing said envelope with the U.S. Postal Service,
following this firm's business practices.
x
I declare under the penalty of perjury under laws of the State of California that the
foregoing is true and correct.
Executed on January 4, 2011, at Oakland, California.
YM |
Brenda V. Mallia
PROOF OF SERVICE
L441] (26539) #399823.1
Preview
0 ppeneneman eer so nraneaneerto earn etre AOR AER tne mrmdnanten rrr arntema on nr MONEE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Jan-04-2011 12:07 pm Case Number: PTR-10-293933 Filing Date: Jan-04-2011 12:06 Juke Box: 001 Image: 03080021 DECLARATION IN THE MATTER OF THE ALOHA AILES 2000 TRUST DATED JUNE 8, 2000 TRUST 001P03080021 Instructions: Please place this sheet on top of the document to be scanned.nescence VIRGINIA PALMER #98186 supratte oourr FITZGERALD ABBOTT & BEARDSLEY LLP COUATY 2: SAW Fa ANCISCO 1221 Broadway, 21" Floor Oakland, California 94612 201t JAN AM It: 52 Telephone: (510) 451-3300 c Facsimile: (510) 451-1527 CLEAR UF Tee COURT Email: ypalmer@fablaw.com Attorneys for Fidelity Personal Trust Company, FSB, Trustee of The Aloha L. Ailes Trust BY. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO In re The Aloha L. Ailes 2000 Trust dated Case No.: PTR-10-293933 June 8, 2000 Hearing Date: January 12, 2011 Time: 9:00 am Dept.: 204 DECLARATION OF VIRGINIA PALMER 1, Virginia Palmer, declare as follows: 1 Che facts stated in this declaration are within my personal knowledge and, if called to testify as a witness in this proceeding, I could and would testify competently to the contents. 2. am an attorney at law admitted to practice before all of the courts of the State of California and am a partner in the law firm of Fitzgerald Abbott & Beardsley LLP. I am the primary attorney representing Fidelity Personal Trust Company, FSB ("Fidelity" or "Trustee", the Trustee of The Aloha L. Ailes 2000 Trust (the "Trust"). 3. On November 24, 2010, the Trustee filed an Amended Petition for Interpretation and Instructions Regarding Trust Provisions to Approve Termination of Trust, and to Ascertain Beneficiaries, which is set for hearing on January 12, 2011. iit 1, DECLARATION OF VIRGINIA PALMER 1/4/11 (26539) #399766.)16 17 4. On Sunday night, December 26, 2010, Robert Silco ("Sileo”), the decedent's former landlord, sent me an email containing a document ("Document"), which is attached hereto as Exhibit A. The Document is titled "Amendment to Trust Agreement for the Aloha L. Ailes 2000 Trust dated June 8, 2000." The Document is unsigned and undated. 5. When I returned to the office after the holiday, I reviewed the email and the Document and contacted the Trustee to inquire if it had ever seen this Document before, if it had a signed copy, and if it had the original. The Trustee responded in the negative to all three questions. 6. Sileo's email, which is attached as Exhibit B to this Declaration, states that he found the Document in his files. 1 inquired of Sileo if he (1) had the original, (2) had a signed version of the Document, and (3) to explain how it came to be in his possession. On January 3, 2011, 1 sent a second email requesting the same information. As of the date of this Declaration, I have not had a response from Sileo. 7. Fidelity began acting as the Trustee of the Trust on October 16, 2006. The Trustee had no knowledge of the existence of this Document before Sileo produced it and delivered it to me by email; therefore, there was no delivery by the settlor of the Trust to the Trustee. The Document is not signed or dated and there is no information on when it was written. In addition, it was not in the settlor's records at her apartment. The Document produced is stamped "copy" and as the original was not among the settlor’s possessions, it is possible it was destroyed by the settlor. 8. The beneficiaries under the Trust are reduced significantly under the terms of the Document. 9. I reviewed the Trust to determine its provisions regarding how the settlor may amend the Trust. It states at Paragraph 2.3: “Right to Amend the Trust Agreement. | reserve the right to amend at any time all or any part of this Trust Agreement, without obtaining the consent of or giving notice to any beneficiary.” itt 2. DECLARATION OF VIRGINIA PALMER W441] (26539) 4399766.110. Probate Code, Section 15402, states that unless the trust states otherwise, the settlor may modify the trust under the procedures for revocation. Section 15401, the provision regarding revocation, states that the trust can be revoked "by a writing (other than a will) signed by the settlor and delivered to the trustee during the lifetime of the settlor..." 11. Pursuant to the provisions of the Probate Code, the Document, as presented, appears not to qualify as a valid amendment to the Trust. ] declare under the penalties of perjury under the laws of the State of California that the foregoing is true and correct and was executed on January 4, 2011, at Oakland, California. FITZGERALD/ABBOTT & BE. SLEY LLP By tr ty mie PEL VE! Virginia Péjmer 3. DECLARATION OF VIRGINIA PALMER 14/11 (26539) #399766.1AMENDMENT TO TRUST AGREEMENT FOR THE ALOHA L. AILES 2000 TRUST DATED JUNE 8, 2000 The Trust Agreement for the Aloha L. Ailes Trust, dated June 8, 2000, (the "Trust"), executed by Aloha L. Ailes, as Settlor and Original Trustee, shall be amended as follows: ARTICLE 5 GIFTS OF TANGIBLE PERSONAL PROPERTY Upon my death, subject to the payment of, or satisfactory provision being made for, ail my debts and taxes (including all Estate taxes), the following distributions shal! be made by the Trustees from the trust estate. Ten percent (10%) of my entire estate shall be distributed outright to Sandra Babcock. If she predeceases me, this portion of my estate shall be distributed as set forth below. The remainder of my estate shall be distributed as follows: commencing with the date of my death, distributions shall be made at least quarterly such that my entire estate wil! be distributed over the succeeding ten (10) year period to the following individuals equally: Barbara Hunt, Helga Prangl and Sharon Williams. In the event that Barbara Hunt predeceases me, her share shall be distributed to Sandy Cabrea. In the event that both Barbara Hunt and Sandy Cabrea predecease me, said share(s) shall be distributed to Sandy Cabrea’s son, Cruz P. Perez, as set forth herein. In the event that any of the above individuals predecease me, the remainder of my estate shall be distributed equally to those individuals named above who survive me. All my interest in my tangible personal property, not effectively disposed of above, together with any insurance on such property, shall be distributed by the Trustee outright as set forth above. In the event that none of the individuals set forth above survive my death, the Trustee shall distribute my estate outright to the Hospice of San Francisco. The remainder of the Trust shall remain unchanged and shall be in full force and effect. AMENDMENT TO TRUST AGREEMENT FOR THE ALOHA L. AILES 2000 TRUST yt mee.OVirginia Palmer . From: Virgilio {virgilios@peoplepc.com} Sent: Sunday, December 26, 2010 7:33 PM To: Virginia Palmer Subject: Aloha Ailes scan0002.jpg (1 MB) Hi Virginia. Going to my files on your client Ms. Aloha Ailes I*ve found an Amendment to Ms. Ailes Trust Agreement, as I dont know if the four people named have recieved a copy of it, I plan to send copies to each of them. Hope the new year is a good one for you. Bob Sileo PeoplePC Online A better way to Internet http: //www.peoplepc.comPROOF OF SERVICE - C.C.P. §1013A I, the undersigned, declare: 1 am employed in the County of Alameda, State of California. I am over the age of 18 and not a party to the within action. 1 am employed by Fitzgerald Abbott & Beardsley LLP, located at 1221 Broadway, 21" Floor, Oakland, California 94612. | am readily familiar with this firm’s business practice of processing of documents for service. On January 4, 2011, I served a true and correct copy of the following document: DECLARATION OF VIRGINIA PALMER on all of the following interested parties, by causing service by the method indicated below: Katie Stanley David Sutton Sandy Babcock-Goates 43 Sistova Road 29 Alfriston Grove 1157 Valencia Street, #9 Balham, London SW 129QR Kings Hill, Kent ME194AS — San Francisco, CA 94110 England United Kingdom Barbara Hunt Helga Prangl Attorney General's Office 2101 Anderson Lane, #216 555 Pershing Drive State of California Austin, TX 78757 Walnut Creek, CA 94597 P. O. Box 903447 Sacramento, CA 94203-4470 George Smith Sharon Williams Hospice By The Bay 764 Second Avenue 32-79 44" Street, #4D 1902 Van Ness Avenue, 2" F]. Chula Vista, CA 91910 Long Island City, NY 11103 San Francisco, CA 94109 Attention: Ms. Sandra Lew US San Francisco British Consulate-General One Sansome Street, Suite 850 San Francisco, CA 94104 U.S. Mail - By placing a copy of said document(s) in a sealed envelope with postage thereon fully prepaid, and depositing said envelope with the U.S. Postal Service, following this firm's business practices. x I declare under the penalty of perjury under laws of the State of California that the foregoing is true and correct. Executed on January 4, 2011, at Oakland, California. YM | Brenda V. Mallia PROOF OF SERVICE L441] (26539) #399823.1