arrow left
arrow right
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
  • THE ESTATE OF ANNE SHIRLEY OUTIN PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY document preview
						
                                

Preview

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 pl? 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 q 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. 27 //1 28 2 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. bey? 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. 4 28 HT 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 28 HI 5 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. vey? 7 28 Hd 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} 28 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 14 15 [ZC /—— 16 vo dudge of the Superior Court ROSS C. MOODY 17 18 19 20 ORDERED WITHOUT HEARING 21 22 23 24 25 26 27 28 9 ORDER SETTLING FURTHER AMENDED SIXTH ACCOUNT AND STATUS REPORT AND ORDER CONTINUING ESTATE ADMINISTRATION