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William H. Holsinger, Esq. (SBN 084528)
Law Office of William H. Holsinger
1710 So. Amphlett Blvd., Suite 210A
F
San Mateo, California 94402-2705
Attorney for Petitioner San Francisco County Superior Court
Debra J. Dolch, Administrator with Will Annexed
DEC 13 2022
CLERK OF THE COURT
BY ne Lk
arc
SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
10
Estate of: ) Case No. PES-04-286107
1
Anne Shirley Outin, aka Anne S., Outin. eS 3 ORDER SETTLING
12 FURTHER AMENDED SIXTH ACCOUNT
Deceased AND STATUS REPORT AND ORDER
13 CONTINUING ESTATE
ADMINISTRATION
14
15
Date “Seeserat, 2022
Time 9:00 a.m
Dept. 204 (Probate)
16 Judge:
17 Petitioner, Debra J. Dolch, Administrator with Will Annexed for the estate of Anne
“y 18
19
Shirley Outin, deceased, having filed their Amended Sixth Account and Status Report and
Petition for Order Continuing Estate Administration (“Account and Report’) and the same
20 having been reviewed, the Court makes the following findings and orders:
21 1 Required Status Report. The estate was not in condition to be closed
22 within 12 months after thei issuance f general Letters.
ql , Upon: appo infment Bk
as BLL
23 with Will Annexed Pesoner eee June 5, 2019 (the “First Report’) A
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24 econd"Status Report was filed herein on November 26, 2019,and thg Order Approving the
Second Account and Report was filed herein on August 19, 2020.
mageess
A ThirdiStatus Report
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26 || was filed herein on September 9, 2020,and the Ord proving the Third Account and
27 Report was filed herein on February 16, 2021. A GarhyStatus R
Fourtl Status Report was filed herein on
ry, 28 A PES-04-286107|
@BOPRASE) ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT
AND STATUS REPORT AND
ORDER CONTINUING ESTATE ADMINISTRATION
Recent ‘id
March 17, 2021, a id the O rder Approving the Fourth Account and Report was filed herein on
“ol? May 25, 2021. nS
ATi R
itatus Report dh
was file herein on July 15, 2021, and the Order
Approving the Fifth Account and Report was dated October 4, 2021, and filed herein on
4 S2jlo[ 2
ly! October 5, 2021. A Sixth Account and Status Report was filed’in compliance with the
HEAT
A ad ”
October 2021 Order and tee7Fe azGH 3p
SOTrtRezer ¢ subsequent Amended,
A espetwe A 9/27/22
velo Sixth Accounts and Status po
2 Date of Death and Domicile. Anne Shirley Outin (the “Decedent”) died
testate on April 15, 2004, as a resident of the City and County of San Francisco, State of
California.
10 3 Wi ill Admitted to Probate; Letters Issued. The Decedent's Will, dated
11 February 28, 2001, was admitted to probate and Don C. Steele (hereafter “Mr. Steele” or
12 the “Executor”) was appointed Executor of the Will of the Decedent by an Order of this
13 Cou ad relma
err e4 on July 12, 2004. Letters Testamentary (“Letters”) were
14 issued to Mr. Steele on July 13, 2004. Mr. Steele died on November 15, 2009, and as a
15 result of his death,there was no personal representative of the estate until the
16 appointment of Debra J. Dolch (hereafter “Ms. Dolch” or the “Administrator”) as
17 Administrator with Will Annexed on December 20, 2018. Letters of Administration were
18 issued to Ms. Dolch on December 21, 2018.
19 4 Authority Granted Under the Independent Administration of Estate:
20 Act. Both Mr. Steele and Ms. Dolch were granted full authority to act under the
21 Independent Administration of Estates Act to administer the Decedent's estate.
22 5. Bond. Debra J. Dolch, as Administrator with Will Annexed, has obtained
23 total bonds in the amount of $716,000.00. The_total amount of bond is sufficient.
24 6. Notice of Petition to Administer Estate. Notice of the petition to
25 administer estate was published for the period and in the manner prescribed by law, the
26 first publication having been made on May 20, 2004.
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ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
7 Notice to Creditors. Petitioner reported that all reasonable efforts to
ascertain creditors of the Decedent have been made. More than (4) four months have
elapsed since the date general letters were issued. The time for filing or presenting
creditor's claims expired on November 13, 2004.
8 Notices Required under Probate Code Section 9201. Petitioner has no
reason to believe any “public entity” described in Probate Code §9201 has any basis for
making a claim against the estate.
9 Notices Required Under Probate Code Section 9202.
a. Notice to Director of Health Services. Notice to the Director of Health
10 Services under Probate Code Section 9202(a) is not required because Decedent during
ll her lifetime did not receive any health care benefits under the California Medi-Cal Act
12 (Chapter 7, commencing with Section 14000 of the California Welfare and Institutions
13 Code) or the Waxman Duffy prepaid Health Plan Act (Chapter 8, commencing with
14 Section 14200, of the California Welfare and Institutions Code) and was not the surviving
15 spouse or registered domestic partner of a person who received such health care
16 benefits.
17 b. Notice to Director of California Victim Compensation and Government
18 Claims Board. Notice to the Director of the California Victim Compensation and
19 Government Claims Board was given on May 28, 2019.
20 C. Notice to Franchise Tax Board. Notice to the Franchise Tax Board was not
21 required because letters were initially issued prior to July 1, 2008.
22 10. Character of Estate Property. The estate consists entirely of the
23 separate property of the Decedent.
24 11. Personal Property Tax. No taxes on the personal property of this probate
estate atdea@Acestete were due or payable.
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26 12. California and Federal Estate Taxes. Neither California nor U.S. estate
27 tax returns were required to be filed for the Decedent's estate since the Decedent's total
28 Ht 3
ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
r/! gross 4psabi estate was valued less than $1,500,000.00, the U.S.
Estate Tax threshold in the year of the Decedent’s death.
13. Income Tax. Decedent's final Federal and California individual income tax
returns have been timely filed and any tax due has been paid.
14. Status of Estate. There was a vacancy in the office of personal
representative from Mr. Steele’s death on November 15, 2009 until the petitioner's
byl 7 appointment on December 20, 2018. At the time of the death of the ergdaet Executor in
2009, no accountings had been filed and not all of the estate assets had been
marshaled or inventoried. Since her appointment, the petitioner has been filing
10 incremental accountings in order to bring the estate current. Additionally, as described
11 in paragraph 15 below, the sole beneficiary of the Decedent's estate, both under the Will
12 and pursuant to the trust agreement of the Decedent, as well as the Decedent's only ,
13 issue (by adoption), was convicted of murdering the Decedent, which conviction has
14 been upheld. The sole beneficiary of the Decedent's estate is therefore barred from
vy receipt of any portion of the estate. [Probate Code §§250, et seq| As a result,and as
16 discussed hereinafter, the conviction of the only beneficiary named in the Decedent's
vel 17 (documents has created the requirement to determine the appropriate beneficiary of the
18 Decedent's estate.
19 15. Beneficiary/ies of the Estate.
20 a Terms of the Decedent's Will. The Decedent's Will distributes her entire
21 probate estate to a testamentary trust for the benefit of her only child, Thomas Z. Hanley
22 (hereafter “Mr. Hanley”), who was adopted by the Decedent. The Decedent had no other
23 children or issue. The Decedent's Will further provides that if her child predeceased her,
24 the testamentary trust is to benefit that child’s living issue. Pursuant to Paragraph C of
25 Article IV of the Decedent's Will, if there are no surviving descendants or issue of the
Lol 27
Decedent, as-a-resuttefwhieh; the contingent beneficiaries of the Decedent's
testamentary trust are the Decedent's heirs at law.
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ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
b. Sole Beneficiary Convicted of Murdering Decedent. The sole designated
beneficiary of the estate is the Decedent's son, Thomas Z.. Hanley. Mr. Hanley was
convicted of murder in the second degree of his mother, the Decedent. (People of th
State of California vs. Thomas Hanley, San Francisco Superior Court, Case No
SCN202219). Mr. Hanley appealed the trial court decision. The Court of Appeals for the
First Appellate District, Division Four, upheld the conviction and issued an opinion on
September 28, 2021. There is no information about a further appeal. Assuming the
conviction stands, Mr. Hanley forfeits his right to the Decedent's property, pursuant to
Probate Code §§250, et. seq sand the assets of the estate would pass to the Decedent:
10 intestate heirs, other than Mr. Hanley
11 Cc. Alternate Estate Beneficiaries. The Administrator is informed, believes, and
12 thereon alleges that Mr. Hanley has no living issue. Therefore, the Decedent’s estate
13 would pass to the Decedent's intestate heirs, other than Mr. Hanley. Since Mr. Hanley is
14 the Decedent's only child, pursuant to California Probate Code §6402(b), if there is no
15 surviving issue, the estate passes to the Decedent’s parent or parents.
16 The Decedent was survived by her mother, Mabel Cocking, a resident of England
17 in the United eng Mabel
Mabel Cee King died
die Bn July 18, 2005 (a copy of Mabel
wyl8 Cocking’s Death ath cate is on file ak Re beneficiaries of Mabel Cocking’s will
wal? and estate are reportedly her daughter, Max} Findlay, and the Royal National Institute for
$1
20 the Blind. The Will designates John Michael Lewis as-excestor and Mat Findlay as the
(pheendle-erccutric Both John Michael Lewis and Maw Findlay have renounced their
22 appointment as executor.
23 The petitioner is informed and believes and thereon alleges that the estate of
24 Mabel Cocking was de minimis and did not, but for possible receipt of the distribution of
25 funds of this probate estate and the related trust estate, have sufficient assets to merit or
26 otherwise require judicial administration
27 11
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ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
Lpetitimerbclieves Taal)
wy } The‘Royal National Institute for the Blind, the principal beneficiary under the Will
of Mabel Cocking, has undertaken to initiate the administration of the estate of Mabel
Cocking ina Jurisdiction, venue and court of competent jurisdiction in the United
Kingdom, fort the prifnary and Specific purpose of receiving distribution of the assets of
rel 5 this probate estate and the related trust eState: This information and documentatio n
A
bey ° thereof wit be provided to the Court prior to any distribution of all or any part of the
assets of this probate estate
he es
the estate are on file with the Court
10 Inventory Date Filed Amount
1 Final 12/15/2004 $830,973.86
12 Corrected 08/05/2005 $830,973.86
13 Corrected Partial No. 1 01/23/2019 $14,
14 Corrected Final 02/15/2019 420,050.88
15 Corrected Partial No. 1 02/28/2019 $68,588.56
16 Amended Corrected Partial No. 1 04/19/2041 0.00
17 Supplemental No. 1 07/27/2022 $9,223.48
va 18
19
The “Final” inventory filed Decemb
August 5, 2005 included property in
15, 2004 and the “Corrected” inventory filed
h this probate estate and the related trust estate
20 (now pending as CCSF Case Ni TR-18-302220). Subsequent to petitioner's
21 appointment, the Court reqyésted and directed that a new, separate action be opened
22 for the administration ofGecedent's trust estate and that corrected inventories thereafter
23 be filed in this pro! ite estate action that included only probate estate property.
24 The ”C, rected” inventories filed on January 23, 2019 and February 15, 2019
25 show th alue of probate estate property to be $420,065.30 [14.42 + $420,050.88]. A
"Co;
26 cted Partial No. 1” was intended for the trust estate action and was filed on
27 bruary-238, 2079 In Error
28 6
bof
ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
“ tp Pp ad den ed-a
recovered since the last accounting.
Accordingly, the inventories con\ ain é assets and values of probate estate
property are those do lanuary 23, 2019, February 15, 2019, and July 27, 2022 set
e-asse art an ea
vy § (4% A roval of Amended Sixth Account and Report. Petitioner has
requested that this Court ratify all acts and deeds reflected in the Amended Sixth
ral?
Account and Report of the estate.
frvended
(48. Period Covered by the’Sixth Account and Report. On file herein is an
10 accounting of the assets, liabilities, income, receipts, disbursements,and expenses of the
vay! estate for the period covering May 1, 2017,to April 30, 2020 (the “Amended Sixth
12 Account and Report’).
13 18. Summary of Account. The Petitioner, as Administrator with Will Annexed,
14 is chargeable, and is entitled to the credits, as set forth in the Amended Sixth Account
15 and Report
16 19. Estate Report.
TE
of 17 a During the period of the Amended Sixth Account and Report, many of the
18 assets were liquidated and the bulk of the estate consists of cash or cash equivalents.
19 Since the amount of cash in the money market account exceeded the FDIC limits, in
20 September 2020, the personal_.representative transferred funds to an ISC account so
21 that the cash will be fully covered by the FDIC.
yal 22 b. No compensation for services to the now-deceased signal Executor has
23 been paid and no compensation to the current personal representative has been paid or
24 is sought at this time.
25 e-pe od-o andin den othe Am endeded-S ceeu
ww 26 Repert-Ao compensation has been paid to the attomey’ ersonal representative kes
f
hook pateopis sought at this time.
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ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
vy! d There are no unusual items appearing in the [mended Sixth Account and
Status Report other than newly discovered and recovered escheated assets of the
estate.
e. The now-deceased 4%gigai Executor died prior to the period of the
Amended Sixth Account and Status Report.
20. Future Accounts. reo mtts aera Ce
Se tt ete
Local Rules, Rule 14.35, subsequent interim accounts cove 6e-year period of time.
The Amended Sixth Account and Sta’ Epo covers the period from May 1, 2017
O 9 through April 30. the estate is not closed prior thereto, the yet account will
10 ett Ora e a c-a, Seventh Account,
fn covering the period from May 1, 2020, through April 30.
12 21. Notice. Notice has been given as required by law.
13 22. Request for Special. A Request for Special Notice was filed on June 6,
14 2022 on behalf of The Royal National Institute for the Blind by:
15
Jeremiah Moffit, Esq.
16 Withers Bergman, LLP
101 West Broadway, Suite 1000
17 San Diego, CA 92104
R state en St
18
19 for the benefit of Thomas Z. Hanley, the adopted son of Decedent. Thomas Z, aniey
20 has been convicted of the murder of Decedent and the conviction is ew final. Pursuant
21 to Probate Code §§ 250, et seq. Thomas Z. Hanley is precluded from receipt of any
22 distribution of the estate of decedent.
val 3 24, Alternative Beneficiaries. he Decedent’s was survived by and her next
24 of kin at the time of her death, en d to distribution and receipt of the assets of the
25 Estate, was Mabel Cocking he mother of decedent, a resident of England. Mabel
26 Cocking died on dfy 18, 2005. A copy of her Death Certificate is on file in this action.
27 Under the ferms of the Last Will and Testament of Mabel Cocking, a copy of which is on
e-bene R 3
MENDED SIKTHAG COUNT AND
ta Crag}
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ORDER SE’ RTHER TTLING FU
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION
-Y-
Be oe retard
gland
The co-executors of the Will of Mabel Cocking were May Findla: dJohn
Michael Lewis. They have both renounced service as ex eeutors of the Will, copies of
which renouncements are on file in this a
The establishment ofa administration of the estate of Mabel Cocking is now
pending in ng and. It is anticipated that the proceeds of this Estate will be distributed to
be é-pe.
5e on apresenta sue ate-afte seert and-proo
WHEREFORE, it is ordered, adjudged,and declared as follows
bay 9 1 The, Amended Sixth Account and Report is settled, allowed, and approved
wy 10 The administration of the estate abut be continued; and
De >theLes state-is-notse oe ene adda Seventh fAccount al
be filed y04e ey WIN& inal Arsinbuhs
Ct ctued ofa:fui
12 Report for the period Way 1, 2020 hroug April 30, 2023 shall’on or Cae June 4, 2023.
PEAR. Me required | Mao ows ee nor filed.
13 Dated: {2 , 2022
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[ZC /——
16 vo dudge of the Superior Court
ROSS C. MOODY
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ORDERED WITHOUT HEARING
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ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND
STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION