On February 16, 2023 a
Complaint,Petition
was filed
involving a dispute between
Giunta, Gary,
and
for Trust
in the District Court of San Bernardino County.
Preview
DUANE P. BOOTH (SBN:1 19452) F i LE D
LAW OFFICES OF DUANE P. BOOTH SUPER|OR COURT 0F CALIFORNIA
COUNTY OF SAN BERNARDING
555 N. "D" STREET, SUITE 110 SAN BERNARDING DISTRICT
SAN BERNARDINO, CA 92401
Telephone: (909) 888—7895
FEB 1 6 2923
V
Facsimile: (909) 888—7897
Duane@dpboothlaw.com
RY K CD? J}
VALERIE URUE‘NAi DEPUTY
Attorney for GARY GIUNTA, Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN BERNARDINO
lO
Case No.:
Assigned for
nggzg OOO gq
purposes
In re all t0:
Honorable
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AMENDMENT AND RESTATEMENT OF
THE JOHN A. PFAFF AND NINA R. PFAFF PETITION TOREMOVE TRUSTEE AND
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REVOCABLE TRUST, ESTABLISHED TO APPOINT SUCCESSOR TRUSTEE
l3 JULY 13, 2000 AND RESTATED MAY 15,
2009 Date}APR 1 U 2023
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Petitioner, Gary B. Giunta, alleges:
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1. Petitioner is Co-Successor Trustee and Beneficiary.
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2. Gary B. Giunta was appointed Co-successor Trustee of the Amendment and
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Restatement 0f the John A Pfaff and Nina R Pfaff Revocable Trust under the
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Declaration 0f Trust Amendment signed on May 15, 2009, Page 3, Paragraph E, a copy
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is attached hereto as Exhibit 1. Philip M. Guinta was also appointed as Co—Successor
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Trustee.
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PETITON TO REMOVE TRUSTEE AND TO APPOINT SUCCESSOR TRUSTEE
Gary B. Giunta was appointed t0 serve as executor under the Pour-Over Will 0f Nina R.
Pfaff, dated May 14, 2009, Page 2, Part 7, a copy is attached hereto as Exhibit 2.
N0 power 0f appointment was exercised in the Last Will of Nina R. Pfaff on Page 1,
Paragraph 1.5, a copy is attached hereto as Exhibit 3.
Amendment and Restatement of the John A. Pfaff and Nina R. Pfaff Revocable Trust a
true copy which is attached hereto as Exhibit 4 provides:
a. Pp 18-19, Paragraph 6.4 Disposition 0f Bypass Trust 0n Death of Nina R. Pfaff
if John A. Pfaff is Deceased Settlor; “If John A. Pfaff is the deceased settlor, 0n
10
the death 0f Nina R. Pfaff, the trustee shall distribute all property subject to the
ll Bypass Trust (including the trust principal, all net income then held by the
12 trustee, and all income then accrued but not collected by the trustee) t0 any one
13 or more of the group consisting of the then living issue of Nina Pfaff, and 0n any
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trust, terms, and conditions, as Nina R. Pfaff may direct by will, but only if that
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will expressly refers t0 and indicates an intention t0 exercise this power of
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appointment. The trustee may rely 0n any instrument admitted to probate (or in
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any summary administration proceeding) as the last will of Nina R. Pfaff in
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carrying out the terms of the power 0f appointment and shall not be liable for
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any good-faith act in reliance on that will, even if for any reason it is later
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determined to be invalid with respect to its purported exercise 0f this power of
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appointment. If no such probate or summary estate proceeding is otherwise
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23 required or instituted, the trustee may rely 0n any will that on its face appears t0
24 be the last validly executed will 0f Nina R. Pfaff. If the trustee receives no
25 notice 0f the existence 0f a will of Nina R Pfaff within six (6) months after the
PETITON TO REMOVE TRUSTEE AND TO APPOINT SUCCESSOR TRUSTEE
-2—
Document Filed Date
February 16, 2023
Case Filing Date
February 16, 2023
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DUANE P. BOOTH (SBN:1 19452) F i LE D LAW OFFICES OF DUANE P. BOOTH SUPER|OR COURT 0F CALIFORNIA COUNTY OF SAN BERNARDING 555 N. "D" STREET, SUITE 110 SAN BERNARDING DISTRICT SAN BERNARDINO, CA 92401 Telephone: (909) 888—7895 FEB 1 6 2923 V Facsimile: (909) 888—7897 Duane@dpboothlaw.com RY K CD? J} VALERIE URUE‘NAi DEPUTY Attorney for GARY GIUNTA, Petitioner SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN BERNARDINO lO Case No.: Assigned for nggzg OOO gq purposes In re all t0: Honorable ll AMENDMENT AND RESTATEMENT OF THE JOHN A. PFAFF AND NINA R. PFAFF PETITION TOREMOVE TRUSTEE AND 12 REVOCABLE TRUST, ESTABLISHED TO APPOINT SUCCESSOR TRUSTEE l3 JULY 13, 2000 AND RESTATED MAY 15, 2009 Date}APR 1 U 2023 l4 15 16 l7 l8 Petitioner, Gary B. Giunta, alleges: 19 1. Petitioner is Co-Successor Trustee and Beneficiary. 20 2. Gary B. Giunta was appointed Co-successor Trustee of the Amendment and 21 Restatement 0f the John A Pfaff and Nina R Pfaff Revocable Trust under the 22 Declaration 0f Trust Amendment signed on May 15, 2009, Page 3, Paragraph E, a copy 23 is attached hereto as Exhibit 1. Philip M. Guinta was also appointed as Co—Successor 24 Trustee. .25 PETITON TO REMOVE TRUSTEE AND TO APPOINT SUCCESSOR TRUSTEE Gary B. Giunta was appointed t0 serve as executor under the Pour-Over Will 0f Nina R. Pfaff, dated May 14, 2009, Page 2, Part 7, a copy is attached hereto as Exhibit 2. N0 power 0f appointment was exercised in the Last Will of Nina R. Pfaff on Page 1, Paragraph 1.5, a copy is attached hereto as Exhibit 3. Amendment and Restatement of the John A. Pfaff and Nina R. Pfaff Revocable Trust a true copy which is attached hereto as Exhibit 4 provides: a. Pp 18-19, Paragraph 6.4 Disposition 0f Bypass Trust 0n Death of Nina R. Pfaff if John A. Pfaff is Deceased Settlor; “If John A. Pfaff is the deceased settlor, 0n 10 the death 0f Nina R. Pfaff, the trustee shall distribute all property subject to the ll Bypass Trust (including the trust principal, all net income then held by the 12 trustee, and all income then accrued but not collected by the trustee) t0 any one 13 or more of the group consisting of the then living issue of Nina Pfaff, and 0n any l4 trust, terms, and conditions, as Nina R. Pfaff may direct by will, but only if that 15 will expressly refers t0 and indicates an intention t0 exercise this power of 16 appointment. The trustee may rely 0n any instrument admitted to probate (or in l7 any summary administration proceeding) as the last will of Nina R. Pfaff in 18 carrying out the terms of the power 0f appointment and shall not be liable for l9 any good-faith act in reliance on that will, even if for any reason it is later 20 determined to be invalid with respect to its purported exercise 0f this power of 21 appointment. If no such probate or summary estate proceeding is otherwise 22 23 required or instituted, the trustee may rely 0n any will that on its face appears t0 24 be the last validly executed will 0f Nina R. Pfaff. If the trustee receives no 25 notice 0f the existence 0f a will of Nina R Pfaff within six (6) months after the PETITON TO REMOVE TRUSTEE AND TO APPOINT SUCCESSOR TRUSTEE -2—