Preview
ATTORNEY OR PARTY WITHOUT ATTORNEY. STATE SAR NO. FOR COURT USE ONLY
NAME: Svetlana Osokina 336696
FIRM NAME Meissner Joseph Palley & Ruggles, Inc.
sTREETADDREss 1555 Rivet Park Dr, Suite 108
an Sacramento STATE:CA ZIPCODE 95815
TELEpHoNENo (916) 920-5983 FAxNo.. (916) 405 — 3877
EMAILADDREss osokinaslawofficeinc. corn
ATTDRNEYFDR(name) Chelsea Marie Kuehne Phillips 11/14/2022
sUPERIQR coURT QF OALIFQRNIA, coUNTY oF Butte
sTREETADDREss'775 Concord Avenue
MAILING ADDRESS
GITYANDzIPcoDE Chico CA 95928
ERANcH NAME: Chico Courthouse
ESTATE OF (name):
Mark Andrew Kuehne
DECEDENT
PETITION FOR ~Probate of ~Lost Will and for Letters Testamentary cAsENUMEER:
~Probate of ~Lost Will and for Letters of Administration
with Will Annexed 22PR00612
~Letters of Administration
TIME'Letters
of Special Administration ~ with general powers
~Authorization to Administer Under the Independent
HEARING DATE AND
9: 00 am
DEPT.
1
Administration of Estates Act ~ with limited authority
1. Publicationwillbein(specifynameofnewspaper): Oroville Mercury-Register
a.
b.
~
~
Publication requested.
Publication to be arranged.
2. Petitioner(name each): Chelsea Marie Kuehne Phillips
requests that
a. ~ decedent's will and codicils,
b.(name): Chelsea Marie
ifany, be admitted to probate.
Kuehne Phillips be appointed
Cl executor
(1)
(2) ~
~ administrator with will annexed
administrator
(3)
(4)
and
~ special administrator
Letters issue upon qualification.
~ with general powers
c.
d.
~
(1)
full
Z)
~
bond
limited authority
not be required forthe
be granted to administer under the Independent Administration of Estates Act.
reasons stated in item 3e.
(2) CI 3 bond be fixed.The bond will be furnished by an admitted surety insurer or as otherwise
provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob.
Code, 5 8482.)
(3) ~ $ in deposits in a blocked account be allowed. Receipts will be filed.
(Specify institution and location):
3. a. Decedent died on (date)f October 3, 2022 at (p/ace): Orovi1 le, CA
(1)
(2)
~
~ a resident of the county named above.
a nonresident of California and leR an estate in the county named above located at (specify location permitting
publication in the newspaper named in item 1)f
b.
c.
~ Decedent was a citizen of a country other than the United States (specify country):
Street address, city, and county of decedent's residence at time of death (specify):
1454 6th Ave
Oroville, CA 95965
Butte County
Page 1 of4
Form Adopted for Mandatory Use PETITION FOR PROBATE Probate Code, Sg S002, 10450,
Judtoal Counal of Caltfomra www courts ce gov
(Probate-Decedents Estates)
DE-111 [Rev July 1, 2011]
ILQ'ssential
Phillips, Chelsea
(
M&~ )PJ Forms-
I
DE-111
ESTATE OF (name): CASE NUMBER
Mark Andrew Kuehne
g.
'.
3. d.
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(1)
(2)
(3)
(4)
(1)
(2)
(3)
(1)
Personal property:
Annual gross income from
(a)
(b)
CI
~
~
real property:
personal property:
Subtotal (add (1) and (2)):
Gross fair market value of real property:
(Less) Encumbrances:
Net value of real property:
Total (add (3) and (6)):
~
~
~
~
Willwaivesbond.
All
3e(2).)
All
~
$
$
$
$
$
($
$
3,000.00
3
210,000.00
143.nnn.nn
nnn
DECEDENT
Character and estimated value of the property of the estate (complete in ail cases):
0.00
0.00
nnn.nn
nn
1
Specialadministratoristhenamedexecutor,andthewillwaives bond
Sole personal representative is a corporate fiduciary or an exempt government agency.
Decedent died intestate.
Copy of decedent's will dated: May 2, 2005
Appointment of executor or administrator with will annexed:
(a)
(b)
(c)
(d)
~
~
~
~
~
Proposed executor is named as executor in the will and consents to act.
No executor is named in the will.
EErnnn
codicil dated (specify for each):
nn
beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment
heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).)
are affixed as Attachment 3f(2). (Include typed copies of handwnilen documents snd English translations of foreign-
language documents.)
~ The will and all codicils are self-proving (Prob. Code, g
8220).
(Affix a copy of the lost wiii or codicil or a wn'tten
The original of the will andior codicil identified above has been lost.
statement of the testamentary words or their substance in Attachment 3i(3), and state reasons in that attachment
why the presumption in Prob. Code, g 6124 does not apply.)
Appointment of personal representative (check ail applicable boxes)
Proposed personal representative is a nominee of a person entitled to Letters.
(Affix nomination as Attachment 3g(1)(c).)
Other named executors will not act because of
~ other reasons (specify):
See
~
attachment 3g (l) (d)
Continued in Attachment 3g(1)(d).
Appointment of administrator:
~ death ~ declination
(2)
(a) ~
~ Petitioner is a nominee of a person entitledto Letters.
explain priorityin Attachment 3g(2)(a).)
Petitioner is a person entitled to Letters. (If necessary,
nomination as Attachment 3g(2)(b).)
(Affix
(3)
(b)
~
(c) ~ Petitioner is related to the decedentas (specify): Daughter
Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).)
h.
(4) ~ Proposed personal representative would be a successor personal representative.
Proposed personal representative is a
(1)
(2)
~
~
resident of California.
nonresident of California (specify permanent address):
(3)
(4)
~
~ resident of the United States.
nonresident of the United States.
DE-1 11 [Ray July 1, 2017] PETITION FOR PROBATE Page 2 of 4
("re Essential (Probate-Decedents Estates) Phillips, Chelsea
'JFonns.
i
DE-111
ESTATE OF (name): Mark Andrew Kuehne CASE NUMBER
DECEDENT
Decedent's will does not preclude administration of this estate under the Independent Administration af Estates Act.
a. Decedent was survived by (checklfems (1) or(2), and (3) or(4), and(5) or(6), and (7) or(8))
(1) ~
~ spouse.
no spouse as follows:
(2)
(a) ~
~
divorced or never married.
spouse deceased.
(3) ~
(b)
Zl
registered domestic partner.
no registered domestic partner. (See Fam. Code, 297.5(c); Prob. Code, 66 37(b), 6401(c), and 6402.)
(4)
(5) ~
(a)
child as follows:
~ natural or adopted.
II
(b)
Cl
~ natural adopted by a third party.
no child.
(6)
(7)
(8)
~
~
issue of a predeceased child.
no issue of a predeceased child.
b. Decedent
decedent but
~for
was
a legal
~ was not
barrier.(See
survived by a stepchild or foster child or children who would have been adopted by
Prob. Code, JI 6454.)
(Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no
spouse, registered domestic partner, or issue. (Check the first box that appliesj:
a.
b.
~
~
Decedent was survived by a parent or parents who are listed in item 8.
Decedent was survived by issue of deceased parents, all of wham are listed in item 8.
c.
d.
~
~
Decedent was survived by a grandparent or grandparents who are listed in item 8.
Decedent was survived by issue of grandparents, all of whom are listed in item 8.
e.
f.
~
~
Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
Decedent was survived by next of kin, all of whom are listed in item 8.
g. ~ Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
whom are listed in item 8.
h. ~ Decedent was survived by no known next of kin.
(Complete only if no spouse or issue survived decedent. I
a. ~ Decedent had no predeceased spouse.
b. ~ Decedent had a predeceased spouse who
(1) Cl died not more than 15 years before decedent and who owned an interest in real property that passed to decedent,
(2) ~ died not more than five years before decedent and who owned personal property valued at $ 10,000 or more that
passed to decedent, (lf you checked (1 j or (2), check only the first box that applies ):
(a) ~
~ Decedent was survived
Decedent was survived
by issue of a predeceased spouse, all of whom are listed in item 8.
a parent or parents of the predeceased spouse who are listed in item 8.
(b)
(c) ~
Cl
Decedent was survived
Decedent was survived
by
by issue of a parent of the predeceased spouse, all of whom are listed in item 8.
next of kin of the decedent, all of whom are listed in item 8.
(d)
(e) ~ Decedent was survived
by
by next of kin of the predeceased spouse, all of whom are listed in item 8.
(3) ~ neither (1) nor (2) apply.
Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably
ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether (iving or deceased; (2) all persons
named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the
trustee and personal representative are the same person.
(
QPFarmS'ETITION
DE-111 iReu. July 1, 2017]
J3'I'ssential
mEmm,
FOR PROBATE
(Probate-Decedents Estates)
Phillips, Chelsea
Page 3 of 4
DE-111
ESTATE OF (name) Mark Andrew Kuehne CASE NUMBER;
DECEDENT
8. Name and relationshio to decedent A(Le Address
Kimberly Ann Kuehne Adult 3250 Laurelhurst Dr, Apt 252
(Former Spouse / Named Executor) Rancho Cordova, CA 95670
Chelsea Marie Kuehne Phillips Adult 2540 La Lorna Dr
(Adult Daughter) Rancho Cordova, CA 95670
Sonja Lucas Adult 105 D St
(Adult Daughter) Wheatland, CA 95692
Andrew J. Kuehne Adult 1200 Creekside Dr, Apt 1011
(Adult Son) Folsom, CA 95630
~ Continued on Attachment 8.
9. Number of pages attached:
" t((POQ8,W
Ssrmtlmnm r)mnktnz
(TYPE OR PRINT NAME OF ATTORNEY) (SIGNATURE OP
ATTORNEY)'Signatures 1020, 1021; Cal. Rules of Court, rule 7 103)
of ag petitioners ere also required Ag petitioners must sign, bu! Ibe petition may be verified by any o~eof t em (Prob Code,
)
I is true and correct.
declare under penalty of perjury under the laws of the State of California that the foregoin
". ii/4h~
Chml mrom Mant' K»rohnm Ph( 1 I 1nm
I
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
(TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER)
Signatures of additional petitioners follow last attachment.
OE-» I [Rev. July I, 2017] PETITION FOR PROBATE Page 4 of 4
( np'ssential (Probate-Decedents Estates)
L
mbuom AaeFOrma Phillips, Chelsea
Butte County Superior Court
Estate of Mark Andrew Kuehne
Attachment 3f(21 & 3f(3)
Attached hereto is a copy of the decedent's Will dated May 2, 2005
The original of the attached Will has been lost. It is believed that the original Will was stored in
the decedent's storage unit which he lost access to. The primary beneficiary of the Will is the ex-
wife of the decedent, however due to their divorce on July 31, 2012, this provision is revoked
under probate code IJ6122. The alternate distribution under the Will is to decedents three children
in equal shares. Since the distribution of the Decedent's estate is the same under intestate
succession or by the terms of the Will, the issue of whether the decedent intended to revoke his
Will is moot. Petitioner will leave the decision to probate the Will or proceed under intestate
succession to the Courts discretion.
MILITARY TESTAMENTARY INSTRUMENT
MILITARY TESTAMENTARY PREAMBLE: This is a MILITARY TESTAMENTARY
INSTRUMENT prepared pursuant to Title 10 United States Code, Section 1044d, and executed
by a person authorized to receive legal assistance from the military services. Federal law
exempts this document from any requirement of form, formality, or recording that is prescribed
for testamentary insttuments under the laws of a state, the District of Columbia, or a territory,
commonwealth or possession of the United States. Federal law specifies that this document shall
be given the same legal effect as a testamentary instrument prepared and executed in accordance
with the laws of the jurisdiction in which it is presented for probate. It shall remain valid unless
and until the Testator revokes it.
LAST WILL AND TESTAMENT
OF
MARK ANDREW KUEHNE
Will
I, ~ ANDREW KUEHNE, make, publish and declare
and Testament, revoking all wills and codicils at any time heretofore made by me.
the military service of the United States.
this to be my Last
I am in
FIRST: I direct that the expenses of my last illness and funeral, the expenses of
the administration of my estate, and all estate, inheritance and similar taxes payable with respect
to property included in my estate, whether or not passing under this will, and any interest or
penalties thereon, shall be paid out of my residuary estate, without apportionment and with no
right of reimbursement from any recipient of any such property (including reimbursement under
Section 2207B of the Internal Revenue Code).
SECOND: I give all real estate owned by me at the time of my death, and all
rights that I have under any related insurance policies, to my wife KIMBERLY ANN
KUEHNE, if she survives me. If my wife shall not survive me, I give said real property to my
son ANDREW J. KUEHNE, my daughter CHELSEA M. KUEHNE and my daughter SON JA
C. KUEHNE in equal shares.
THIRD: I give all tangible personal property owned by me at the time of my
death, including without limitation personal effects, clothing, jewelry, furniture, furnishings,
household goods, automobiles and other vehicles, together with all insurance policies relating
thereto, to my wife KIMBERLY ANN KUEHNE, if she survives me, or if she does not survive
me, to those of my children (CHELSEA M. KUEHNE, ANDREW J. KUEHNE and SON JA
C. KUEHNE and any other children which I hereafter may have) who survive me, in
substantially equal shares, to be divided among them as they shall agree, or if they cannot agree,
or if any of them shall be under the age of twenty-one (21) years, as my Executor shall
determine.
FOURTH: I give all the rest, residue and remainder of my property and estate,
both real and personal, of whatever kind and wherever located, that I own or'o which I shall be
in any manner entitled at the time of my death (collectively referred to as my "residuary estate"),
as follows:
(a) If my wife KIMBERLY ANN KUEHNE survives me, to my wife outright.
(b) If my wife does not survive me, then to those of my children who survive me
and to the issue who survive me of those of my children who shall not survive me,
uer stirues.
(c) If my wife does not survive me and there shall be no issue of mine then
living, I give my residuary estate to those who would take from me as if I were
then to die without a will, unmarried and the absolute owner of my residuary
estate.
FIFTH: If any property of my estate vests in absolute ownership in a minor or
incompetent, my Executor, at any time and without court authorization, may: distribute the
whole or any part of such property to the beneficiary; or use the whole or any part for the health,
education, maintenance and support of the beneficiary; or distribute the whole or any part to a
guardian, committee or other legal representative of the beneficiary, or to a custodian for the
beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with
whom the beneficiary resides. Evidence of any such distribution or the receipt therefore
executed by the person to whom the distribution is made shall be a full discharge of my Executor
from any liability with respect thereto, even though my Executor may be such person. If such
beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such
property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as
a separate fund for the beneficiary with all of the powers described in Article SEVENTH hereof.
If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the
estate of the beneficiary.
SIXTH: I appoint my wife KIMBERLY ANN KUEHNE to be my Executor. I
direct that no Executor shall be required to file or furnish any bond, surety or other security in
any jurisdiction.
SEVENTH: I grant to my Executor all powers conferred upon executors
wherever my Executor may act. I also grant to my Executor power to retain, sell at public or
private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of
property, real or personal, for cash or on credit; to borrow money and encumber or pledge any
property to secure loans; to pay any legacy or distribute, divide or partition property in cash or in
kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of
property and undivided interests in property among any parts, funds or shares, and to determine
the fair valuation of the property so allocated, with or without regard to tax basis; to determine
what property shall receive basis increases pursuant to Section 1022(b) and (c) of the Internal
Revenue Code and the amount of such increases and to make such determinations without regard
to any duty of impartiality as between different beneficiaries; to exercise all powers of an
absolute owner of property; to compromise and release claims with or without consideration; and
to employ attorneys, accountants and other persons for services or advice. The term "Executor"
wherever used herein shall mean the executors, executor, executrix or administrator in office
from time to time.
EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to
predecease me unless such beneficiary survives me by more than thirty days. The terms "child"
and "children" as used in this will include not only the child and children (whether now or
hereafter born) of the person designated, but also the legally adopted child and children of such
person. The term "issue" includes not only the children and other issue (whether now or
hereafter born) of the person designated, but also the legally adopted children and issue of such
person.
NINTH: If my wife shall not survive me or is adjudged to be incapacitated, I
appoint my father-in-law JEFFERY BRUCE HUNT to be the Guardian and property of any
children of mine who have not attained the age of majority. No Guardian shall be required to file
or furnish any bond, surety or other security in any jurisdiction.
TENTH: I have served in the Armed Forces of the United States. I therefore
request that my Executor make appropriate inquiries to ascertain whether there are any benefits
to which I,my dependents or my heirs may be entitled by virtue of any military affiliation. I
specifically request that my Executor consult with a retired affairs officer at the nearest military
installation, the Department of Veterans Affairs, and the Social Security Administration.
IN WITNESS WHEREOF, I, MARK ANDREW KUEHNE, sign my name
and declare this instrument as my last will and testament this 2nd day of May, 2005.
&7m~ a~Z
MARK ANDREW KUEHNE
The foregoing instrument was signed and declared by MARK ANDREW
KUEHNE, the above-named Testator, to be his last will and testament in our presence, all being
present at the same time, and we, at his request and in his presence and in the presence of each
other, have subscribed our names as witnesses on the date above written.
~ktt /~W
G~~ Hatt&~ having an address at
Butte County Superior Court
Estate of Mark Andrew Kuehne
Attachment 3 a(1) &d)
The named executor is the ex-wife of the decedent. Due to their divorce on July 31, 2012, her
appointment is revoked under probate code II6122. Pursuant to probate code $ 8461 the decedents
adult children have priority to serve. The Petitioner and proposed Administrator with Will
Annexed is an adult daughter of the decedent.
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ATTORNEY OR PARTY WITHOUT ATTORNEY. STATE SAR NO. FOR COURT USE ONLY NAME: Svetlana Osokina 336696 FIRM NAME Meissner Joseph Palley & Ruggles, Inc. sTREETADDREss 1555 Rivet Park Dr, Suite 108 an Sacramento STATE:CA ZIPCODE 95815 TELEpHoNENo (916) 920-5983 FAxNo.. (916) 405 — 3877 EMAILADDREss osokinaslawofficeinc. corn ATTDRNEYFDR(name) Chelsea Marie Kuehne Phillips 11/14/2022 sUPERIQR coURT QF OALIFQRNIA, coUNTY oF Butte sTREETADDREss'775 Concord Avenue MAILING ADDRESS GITYANDzIPcoDE Chico CA 95928 ERANcH NAME: Chico Courthouse ESTATE OF (name): Mark Andrew Kuehne DECEDENT PETITION FOR ~Probate of ~Lost Will and for Letters Testamentary cAsENUMEER: ~Probate of ~Lost Will and for Letters of Administration with Will Annexed 22PR00612 ~Letters of Administration TIME'Letters of Special Administration ~ with general powers ~Authorization to Administer Under the Independent HEARING DATE AND 9: 00 am DEPT. 1 Administration of Estates Act ~ with limited authority 1. Publicationwillbein(specifynameofnewspaper): Oroville Mercury-Register a. b. ~ ~ Publication requested. Publication to be arranged. 2. Petitioner(name each): Chelsea Marie Kuehne Phillips requests that a. ~ decedent's will and codicils, b.(name): Chelsea Marie ifany, be admitted to probate. Kuehne Phillips be appointed Cl executor (1) (2) ~ ~ administrator with will annexed administrator (3) (4) and ~ special administrator Letters issue upon qualification. ~ with general powers c. d. ~ (1) full Z) ~ bond limited authority not be required forthe be granted to administer under the Independent Administration of Estates Act. reasons stated in item 3e. (2) CI 3 bond be fixed.The bond will be furnished by an admitted surety insurer or as otherwise provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum required by Prob. Code, 5 8482.) (3) ~ $ in deposits in a blocked account be allowed. Receipts will be filed. (Specify institution and location): 3. a. Decedent died on (date)f October 3, 2022 at (p/ace): Orovi1 le, CA (1) (2) ~ ~ a resident of the county named above. a nonresident of California and leR an estate in the county named above located at (specify location permitting publication in the newspaper named in item 1)f b. c. ~ Decedent was a citizen of a country other than the United States (specify country): Street address, city, and county of decedent's residence at time of death (specify): 1454 6th Ave Oroville, CA 95965 Butte County Page 1 of4 Form Adopted for Mandatory Use PETITION FOR PROBATE Probate Code, Sg S002, 10450, Judtoal Counal of Caltfomra www courts ce gov (Probate-Decedents Estates) DE-111 [Rev July 1, 2011] ILQ'ssential Phillips, Chelsea ( M&~ )PJ Forms- I DE-111 ESTATE OF (name): CASE NUMBER Mark Andrew Kuehne g. '. 3. d. (1) (2) (3) (4) (5) (6) (7) (1) (2) (3) (4) (1) (2) (3) (1) Personal property: Annual gross income from (a) (b) CI ~ ~ real property: personal property: Subtotal (add (1) and (2)): Gross fair market value of real property: (Less) Encumbrances: Net value of real property: Total (add (3) and (6)): ~ ~ ~ ~ Willwaivesbond. All 3e(2).) All ~ $ $ $ $ $ ($ $ 3,000.00 3 210,000.00 143.nnn.nn nnn DECEDENT Character and estimated value of the property of the estate (complete in ail cases): 0.00 0.00 nnn.nn nn 1 Specialadministratoristhenamedexecutor,andthewillwaives bond Sole personal representative is a corporate fiduciary or an exempt government agency. Decedent died intestate. Copy of decedent's will dated: May 2, 2005 Appointment of executor or administrator with will annexed: (a) (b) (c) (d) ~ ~ ~ ~ ~ Proposed executor is named as executor in the will and consents to act. No executor is named in the will. EErnnn codicil dated (specify for each): nn beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).) are affixed as Attachment 3f(2). (Include typed copies of handwnilen documents snd English translations of foreign- language documents.) ~ The will and all codicils are self-proving (Prob. Code, g 8220). (Affix a copy of the lost wiii or codicil or a wn'tten The original of the will andior codicil identified above has been lost. statement of the testamentary words or their substance in Attachment 3i(3), and state reasons in that attachment why the presumption in Prob. Code, g 6124 does not apply.) Appointment of personal representative (check ail applicable boxes) Proposed personal representative is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(1)(c).) Other named executors will not act because of ~ other reasons (specify): See ~ attachment 3g (l) (d) Continued in Attachment 3g(1)(d). Appointment of administrator: ~ death ~ declination (2) (a) ~ ~ Petitioner is a nominee of a person entitledto Letters. explain priorityin Attachment 3g(2)(a).) Petitioner is a person entitled to Letters. (If necessary, nomination as Attachment 3g(2)(b).) (Affix (3) (b) ~ (c) ~ Petitioner is related to the decedentas (specify): Daughter Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).) h. (4) ~ Proposed personal representative would be a successor personal representative. Proposed personal representative is a (1) (2) ~ ~ resident of California. nonresident of California (specify permanent address): (3) (4) ~ ~ resident of the United States. nonresident of the United States. DE-1 11 [Ray July 1, 2017] PETITION FOR PROBATE Page 2 of 4 ("re Essential (Probate-Decedents Estates) Phillips, Chelsea 'JFonns. i DE-111 ESTATE OF (name): Mark Andrew Kuehne CASE NUMBER DECEDENT Decedent's will does not preclude administration of this estate under the Independent Administration af Estates Act. a. Decedent was survived by (checklfems (1) or(2), and (3) or(4), and(5) or(6), and (7) or(8)) (1) ~ ~ spouse. no spouse as follows: (2) (a) ~ ~ divorced or never married. spouse deceased. (3) ~ (b) Zl registered domestic partner. no registered domestic partner. (See Fam. Code, 297.5(c); Prob. Code, 66 37(b), 6401(c), and 6402.) (4) (5) ~ (a) child as follows: ~ natural or adopted. II (b) Cl ~ natural adopted by a third party. no child. (6) (7) (8) ~ ~ issue of a predeceased child. no issue of a predeceased child. b. Decedent decedent but ~for was a legal ~ was not barrier.(See survived by a stepchild or foster child or children who would have been adopted by Prob. Code, JI 6454.) (Complete if decedent was survived by (1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no spouse, registered domestic partner, or issue. (Check the first box that appliesj: a. b. ~ ~ Decedent was survived by a parent or parents who are listed in item 8. Decedent was survived by issue of deceased parents, all of wham are listed in item 8. c. d. ~ ~ Decedent was survived by a grandparent or grandparents who are listed in item 8. Decedent was survived by issue of grandparents, all of whom are listed in item 8. e. f. ~ ~ Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. Decedent was survived by next of kin, all of whom are listed in item 8. g. ~ Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of whom are listed in item 8. h. ~ Decedent was survived by no known next of kin. (Complete only if no spouse or issue survived decedent. I a. ~ Decedent had no predeceased spouse. b. ~ Decedent had a predeceased spouse who (1) Cl died not more than 15 years before decedent and who owned an interest in real property that passed to decedent, (2) ~ died not more than five years before decedent and who owned personal property valued at $ 10,000 or more that passed to decedent, (lf you checked (1 j or (2), check only the first box that applies ): (a) ~ ~ Decedent was survived Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8. a parent or parents of the predeceased spouse who are listed in item 8. (b) (c) ~ Cl Decedent was survived Decedent was survived by by issue of a parent of the predeceased spouse, all of whom are listed in item 8. next of kin of the decedent, all of whom are listed in item 8. (d) (e) ~ Decedent was survived by by next of kin of the predeceased spouse, all of whom are listed in item 8. (3) ~ neither (1) nor (2) apply. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably ascertainable by petitioner, of (1) all persons mentioned in decedent's will or any codicil, whether (iving or deceased; (2) all persons named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the trustee and personal representative are the same person. ( QPFarmS'ETITION DE-111 iReu. July 1, 2017] J3'I'ssential mEmm, FOR PROBATE (Probate-Decedents Estates) Phillips, Chelsea Page 3 of 4 DE-111 ESTATE OF (name) Mark Andrew Kuehne CASE NUMBER; DECEDENT 8. Name and relationshio to decedent A(Le Address Kimberly Ann Kuehne Adult 3250 Laurelhurst Dr, Apt 252 (Former Spouse / Named Executor) Rancho Cordova, CA 95670 Chelsea Marie Kuehne Phillips Adult 2540 La Lorna Dr (Adult Daughter) Rancho Cordova, CA 95670 Sonja Lucas Adult 105 D St (Adult Daughter) Wheatland, CA 95692 Andrew J. Kuehne Adult 1200 Creekside Dr, Apt 1011 (Adult Son) Folsom, CA 95630 ~ Continued on Attachment 8. 9. Number of pages attached: " t((POQ8,W Ssrmtlmnm r)mnktnz (TYPE OR PRINT NAME OF ATTORNEY) (SIGNATURE OP ATTORNEY)'Signatures 1020, 1021; Cal. Rules of Court, rule 7 103) of ag petitioners ere also required Ag petitioners must sign, bu! Ibe petition may be verified by any o~eof t em (Prob Code, ) I is true and correct. declare under penalty of perjury under the laws of the State of California that the foregoin ". ii/4h~ Chml mrom Mant' K»rohnm Ph( 1 I 1nm I (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) (TYPE OR PRINT NAME OF PETITIONER) (SIGNATURE OF PETITIONER) Signatures of additional petitioners follow last attachment. OE-» I [Rev. July I, 2017] PETITION FOR PROBATE Page 4 of 4 ( np'ssential (Probate-Decedents Estates) L mbuom AaeFOrma Phillips, Chelsea Butte County Superior Court Estate of Mark Andrew Kuehne Attachment 3f(21 & 3f(3) Attached hereto is a copy of the decedent's Will dated May 2, 2005 The original of the attached Will has been lost. It is believed that the original Will was stored in the decedent's storage unit which he lost access to. The primary beneficiary of the Will is the ex- wife of the decedent, however due to their divorce on July 31, 2012, this provision is revoked under probate code IJ6122. The alternate distribution under the Will is to decedents three children in equal shares. Since the distribution of the Decedent's estate is the same under intestate succession or by the terms of the Will, the issue of whether the decedent intended to revoke his Will is moot. Petitioner will leave the decision to probate the Will or proceed under intestate succession to the Courts discretion. MILITARY TESTAMENTARY INSTRUMENT MILITARY TESTAMENTARY PREAMBLE: This is a MILITARY TESTAMENTARY INSTRUMENT prepared pursuant to Title 10 United States Code, Section 1044d, and executed by a person authorized to receive legal assistance from the military services. Federal law exempts this document from any requirement of form, formality, or recording that is prescribed for testamentary insttuments under the laws of a state, the District of Columbia, or a territory, commonwealth or possession of the United States. Federal law specifies that this document shall be given the same legal effect as a testamentary instrument prepared and executed in accordance with the laws of the jurisdiction in which it is presented for probate. It shall remain valid unless and until the Testator revokes it. LAST WILL AND TESTAMENT OF MARK ANDREW KUEHNE Will I, ~ ANDREW KUEHNE, make, publish and declare and Testament, revoking all wills and codicils at any time heretofore made by me. the military service of the United States. this to be my Last I am in FIRST: I direct that the expenses of my last illness and funeral, the expenses of the administration of my estate, and all estate, inheritance and similar taxes payable with respect to property included in my estate, whether or not passing under this will, and any interest or penalties thereon, shall be paid out of my residuary estate, without apportionment and with no right of reimbursement from any recipient of any such property (including reimbursement under Section 2207B of the Internal Revenue Code). SECOND: I give all real estate owned by me at the time of my death, and all rights that I have under any related insurance policies, to my wife KIMBERLY ANN KUEHNE, if she survives me. If my wife shall not survive me, I give said real property to my son ANDREW J. KUEHNE, my daughter CHELSEA M. KUEHNE and my daughter SON JA C. KUEHNE in equal shares. THIRD: I give all tangible personal property owned by me at the time of my death, including without limitation personal effects, clothing, jewelry, furniture, furnishings, household goods, automobiles and other vehicles, together with all insurance policies relating thereto, to my wife KIMBERLY ANN KUEHNE, if she survives me, or if she does not survive me, to those of my children (CHELSEA M. KUEHNE, ANDREW J. KUEHNE and SON JA C. KUEHNE and any other children which I hereafter may have) who survive me, in substantially equal shares, to be divided among them as they shall agree, or if they cannot agree, or if any of them shall be under the age of twenty-one (21) years, as my Executor shall determine. FOURTH: I give all the rest, residue and remainder of my property and estate, both real and personal, of whatever kind and wherever located, that I own or'o which I shall be in any manner entitled at the time of my death (collectively referred to as my "residuary estate"), as follows: (a) If my wife KIMBERLY ANN KUEHNE survives me, to my wife outright. (b) If my wife does not survive me, then to those of my children who survive me and to the issue who survive me of those of my children who shall not survive me, uer stirues. (c) If my wife does not survive me and there shall be no issue of mine then living, I give my residuary estate to those who would take from me as if I were then to die without a will, unmarried and the absolute owner of my residuary estate. FIFTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefore executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of twenty-one (21) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SIXTH: I appoint my wife KIMBERLY ANN KUEHNE to be my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any jurisdiction. SEVENTH: I grant to my Executor all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to pay any legacy or distribute, divide or partition property in cash or in kind, or partly in kind, and to allocate different kinds of property, disproportionate amounts of property and undivided interests in property among any parts, funds or shares, and to determine the fair valuation of the property so allocated, with or without regard to tax basis; to determine what property shall receive basis increases pursuant to Section 1022(b) and (c) of the Internal Revenue Code and the amount of such increases and to make such determinations without regard to any duty of impartiality as between different beneficiaries; to exercise all powers of an absolute owner of property; to compromise and release claims with or without consideration; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. The terms "child" and "children" as used in this will include not only the child and children (whether now or hereafter born) of the person designated, but also the legally adopted child and children of such person. The term "issue" includes not only the children and other issue (whether now or hereafter born) of the person designated, but also the legally adopted children and issue of such person. NINTH: If my wife shall not survive me or is adjudged to be incapacitated, I appoint my father-in-law JEFFERY BRUCE HUNT to be the Guardian and property of any children of mine who have not attained the age of majority. No Guardian shall be required to file or furnish any bond, surety or other security in any jurisdiction. TENTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I,my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. IN WITNESS WHEREOF, I, MARK ANDREW KUEHNE, sign my name and declare this instrument as my last will and testament this 2nd day of May, 2005. &7m~ a~Z MARK ANDREW KUEHNE The foregoing instrument was signed and declared by MARK ANDREW KUEHNE, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. ~ktt /~W G~~ Hatt&~ having an address at Butte County Superior Court Estate of Mark Andrew Kuehne Attachment 3 a(1) &d) The named executor is the ex-wife of the decedent. Due to their divorce on July 31, 2012, her appointment is revoked under probate code II6122. Pursuant to probate code $ 8461 the decedents adult children have priority to serve. The Petitioner and proposed Administrator with Will Annexed is an adult daughter of the decedent.