Judgment: IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST

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                                SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Aug-29-2017 8:57 am

Case Number: PTR-17-301171
Filing Date: Aug-29-2017 8:55
Filed by: MIRA YUZON

Image: 06004033
SUBSTITUTED JUDGMENT TRUST AGREEMENT

IN RE: MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST

001P06004033

Instructions:
Please place this sheet on top of the document to be scanned.G. FRANCHESCA CALLEJO

Attorney at Law
2140 Shattuck Avenue, #803, Berkeley, CA 94704

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G. Franchesca Calllejo, CSB#088028
Attomey at Law

Wells Fargo Building, 2140 Shattuck Ave. #803 FI LE D

Berkeley, CA 94704-1229 ‘San Francisco County Superior Court
(510) 526-7209

feallejn@sboglobal net AUG 2.9 2017

CLER| COURT
Attorney for Conservator BY.
Thomas A. Lucas Deputy Clerk

SUPERIOR COURT OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO

prp-17-3014 |

In re the ) Case No.
) Companion Case No. P CN-12-295409
MARILYN SILVERMAN- )
BALLONOFF REVOCABLE ) COPY OF ORDER FOR SUBSTITUTED
TRUST ) JUDGMENT AUTHORIZING CONSERVATOR
) TO EXECUTE REVOCABLE TRUST, TO
) TRANSFER CERTAIN ASSETS TO
) TRUSTEE AND TO EXECUTE
) POUR OVER WILL
)
)

Attached hereto is a true copy of the Order referenced above in Case No.
PCN-12-295409 with a copy of the trust and will approved therein and executed by Conservator

on August 24th, 2017.

Dated: August 28th, 2017 .
¢Franchesca Callejo
Attorney for Mr. Lucas

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Copy of Order for Substituted JudgmentG. FRANCHESCA CALLEJO

Attomey at Law

Mills Tower, 220 Bush St, #1650, S.F. CA 94104

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G, Prenchana Caltqio, CSBI0RR028

Attorney ot Lares
Wells Fargo Building, 2140 Shattuck Ave. #803

coma : F I L E D

foallejo@shoglobal.net ah Franoleco County Superior Court
AUG 172017

Attomey for Conservator

Thomas A. Lucas CLERK OF THE COURT

BY: nk

SUPERIOR COURT OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO

In re the Conservatorship of the ) Case No. PCN-12-295409
person and estate of )

) ORDER FOR SUBSTITUTED JUDGMENT
MARILYN SILVERMAN- ) AUTHORIZING CONSERVATOR TO
BALLONOFF aka MARILYN ) EXECUTE REVOCABLE TRUST, TO
BALLONOFF ) TRANSFER CERTAIN ASSETS TO

) TRUSTEE AND TO EXECUTE

) POUR OVER WILL

) PROBATE CODE §§2580(b)\(11) and (b)(13)

)

—-______Comservatees____) Date: 08/15/2017 9:00 a.m. Dept. 204

The petition of Thomas A. Lucas, conservator of the person and estate of MARILYN
SILVERMAN-BALLONOFF aka MARILYN BALLONOFF, for substituted judgment to
execute a revocable trust, to transfer assets to trustee and to execute a pour over will on behalf of
the conservatee came on regularly for hearing this date before the Hon Peter J. Busch, Judge
presiding. Conservator Thomas A. Lucas appeared by his attorney G. Franchesca Calléjo. No
one appeared in opposition. After examining the petition and hearing the evidence, the Court
finds:

1; All notices of hearing have been given as required by law.
2. The conservatee is not opposed to the proposed actions.

“1.

Order for Substituted Judgment
Case No. PCN-12-295409G. FRANCHESCA CALLEJO

Attomey at Law
Mills Tower, 220 Bush St, #1650, SF. CA 94104

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3. The proposed actions are consistent with the conservatee’s wishes and the documents
to be executed have been prepared by the conservatee’s court appointed attomey Mary Gemma
O’Keeffe. The proposed trust has been modified to address the concerns of the court conceming
the requirement for court supervision of certain actions by Trustee and clearly naming the
Trustee.

The Court therefore grants the petition and orders as follows:

1. Thomas A. Lucas, as conservator of the estate of Marilyn Silverman-Ballonoff aka
Marilyn Ballonoff, is authorized to execute the MARILYN SILVERMAN-BALLONOFF
REVOCABLE TRUST under PC§2580(b)(11) inthe form attached as Exhibit A,

2. Thomas A. Lucas, as conservator of the estate of Marilyn Silverman-Ballonoff aka
Marilyn Ballonoff, is authorized to execute the will on behalf of Marilyn Silverman-Ballonoff
under PC§2580(b)(13) in the form attached as Exhibit B;

3. Thomas A. Lucas, as conservator of the estate of Marilyn Silverman-Ballonoff aka
Marilyn Ballonoffi, is authorized to transfer the following existing assets to himself as Trustee
that were listed in Exhibit C to the petition of the Trust,

a. Funds on deposit with Wells Fargo Bank Checking account #XXX1928;

b. Funds on deposit with Citibank, accounts #s XXX1026, 2203, 7703 and 9474;

c. Funds on deposit with First Republic Bank account XXX 1842;

d. Promissory Notes from Louis Lipset dated 12/15/2008 and 3/1/2010, principal
balances of $300,000.00 and $234,707.00 respectively;

e. The conservatee’s monthly income from all sources, including social security,

retirement benefits and payments on promissory notes from Louis Lipset.

f. Funds ordered to be returned to the conservatorship estate by Selene Ballonoff
in the sum of $343,138.76 per statement of decision filed herein on October 11th, 2016, as they
are collected by Petitioner;

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Order for Substituted Judgment
Case No. PCN-12-295409~

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G. FRANCHESCA CALLEJO
Attomey at Law

Mills Tower, 220 Bush St, #1650, SF. CA 94104

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4. Bond is ordered in the sum of $909,000.00.
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5. A staps Leaving bhall be at fe ajeela pw
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ACCOUNT FOR THE PERIOD 8/ -F
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7. The Twstee'« seamel aeeomt perisd wil be
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3.

Order for Substituted Judgment
Case No, PCN-12-298409THE MARILYN SILVERMAN-BALLONOFF REVOCABLE TRUST

THIS TRUST, known as THE MARILYN SILVERMAN-BALLONOFF REVOCABLE
TRUST, Ils executed by MARILYN SILVERMAN-BALLONOFF aka MARILYN SILVERMAN,
by and through her court-appointed Conservator, THOMAS A. LUCAS, as
“Trustor," and THOMAS A. LUCAS as “Trustee.”

ARTICLE |. TRUST PROPERTY. The Trustor has caused, or will cause, the
conveyance and transfer to the Trustee of all the property described in Schedule
“A" attached hereto, and the Trustee accepts such property for the purposes
and on the conditions hereinafter set forth.

Trustor may from time to time assign, transfer, deliver, bequeath and
devise additional property through the Trust, to be held and administered,
subject to all the terms and conditions of this Trust.

ARTICLE Hl. DISTRIBUTIONS DURING LIFETIME OF TRUSTOR. During the lifetime
of the Trustor, the Trustee may pay to or apply for the benefit of the Trustor all of
the net Income, in monthly or other convenient instalments. In addition, the
Trustee shall pay to or apply for the benefit of the Trustor so much of the principal
as the Trustee shall, from time to time, deem necessary for the support, care and
maintenance of the Trustor.

ARTICLE Ill, DISTRIBUTION ON DEATH OF TRUSTOR. Upon the death of
MARILYN SILVERMAN-BALLONOFF, the Trustee shall distribute the balance
remaining in the Trust Estate to SELENE BALLONOFF, daughter of Trustor, or if she

should be deceased, then to the heirs at law of Trustor.

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ARTICLE IV. COMPLIANCE WITH CALIFORNIA RULE OF COURT 7.903.
Notwithstanding any provisions herein to the contrary, the following provisions
shall apply to this Trust, in compliance with California Rule of Court 7.903:

1. This Trust Is subject to the continuing jurisdiction of the court, and is
subject to court supervision.

2. This Trust shall not be modified or revoked without prior court approval.

3. All investments are prohibited by the Trustee except those permitted
under Probate Code Section 2574. ,

4. The Trustee must post bond in the amount required under Probate
Code Section 2320 et seq.

5. The Trustee shall file accounts and reports for court approval in the
manner and frequency required by Probate Code Sections 1060 et seq. and
2620 et seq.

6. The court must approve any change in Trustee, and a court must
appoint any Successor Trustee.

7. The Trustee and the Trustee's attorneys shall be entitled to just and
reasonable compensation in amounts fixed and allowed by the court.

8. Sale of Trust real property shall require prior court approval and is
subject to court supervision.

9. The Trustee shall provide for the Trustor's needs without regard to the
Interest of any remainder or contingent beneficiary.

10. The Trustee shall obtain court authority prior to making any gifts on
behalf of the Trustor.

ARTICLE Vi. CALIFORNIA LAW TO APPLY. This Trust shall be governed
and controlled by the laws of the State of California.

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ARTICLE V. TRUSTEE. Thomas A. Lucas shall serve as Trustee.

IN WITNESS WHEREOF, MARILYN SILVERMAN-BALLONOFF, by and through
her Conservator, THOMAS A. LUCAS, as Trustor, and THOMAS A. LUCAS, as Trustee,
has executed this Revocable Living Trust on this 24 day of

Cian

MAN-BALLONOFF - Trustor
AS A. LUCAS, Conservator

A. LUCAS - Trustee

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A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate Is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
)ss
COUNTY OF SAN FRANCISCO, )
A
On this, the +t day of A “a aust 2017, before

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me, Mow A A Abate a Notary Public, personally appeared

THOMAS A. LUCAS, who proved to me on the basis of satisfactory evidence to

be the person whose name Is subscribed to the within instrument, and
acknowledged that he executed the same in his authorized capacity, and that
by his signature on the instrument the person or entity upon behalf of which the
person acted, executed the instrument.

| certify under PENALTY OF PERJURY under the laws of the State of

California that the foregoing paragraph is true and correct.

MARK A. ABATE
WITNESS my hand and official seal. j Notary Public» California

sess San Francisco County
2NCZS7 commission # 2151492

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My Comm. Expites Apr 30, 2020

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SCHEDULE "A"(THE MARILYN SILVERMAN-BALLONOFF TRUST)

1. Funds on deposit with Wells Fargo Bank Checking account #XXX1928

2. Funds on deposit with Citlbank, accounts #s XXX1026, 2203, 7703 and 9474,
12/31/16

3. Funds on deposit with First Republic Bank account XXX 1842

4. Promissory Notes from Louis Lipset dated 12/15/2008 and 3/1/2010, principal
balances of $300,000.00 and $234,707.00 respectively.

5. The conservatee's monthly income from all sources, including social security,
retirement benefits and payments on promissory notes from Louis Lipset.

6. Funds ordered to be returned to the conservatorship estate by Selene
Ballonoff in the sum of $343, 138.76 per statement of decision filed herein on
October 11th, 2016, as they are collected by Petitioner.
any other-efter-discoverec-assets-of the-eenserratee thatceme-tnte-the—
knewlecdge-ene-pessession-of eemervaterthomes Ar Lucas—

Sof 5LAST WILL AND TESTAMENT
OF
MARLYN SILVERMAN-BALLONOFF

|, MARILYN SILVERMAN-BALLONOFF, a resident of the City and County of San
Francisco, State of California, declare this to be my Last Will and Testament.

FIRST; | hereby revoke all former Wills and Codicils to Wills made by me.

SECOND: I declore thatlama single woman, and that | have one child now
living, whose name is SELENE BALLONOFF.

THIRD: All of my estate, of whatever kind, character or description and
wheresoever situated, | hereby give, devise and bequeath to the Trustee under the
Marilyn Sierman-Bailonoff Trust dated fccye LA 20f Ek _, otwnich |

am the Trustor. | direct that the residue of my estate shall be added to, administered

and distributed as part of that Trust, according to the terms of the Trust and any
amendment made to it before my death. To the extent permitted by law, it is not my
Intent to create a separate Trust by thls Will or to subject the Trust or the property added
to It by this Will to the jurisdiction of the probate court, except to the extent provided for
in the Trust mentioned above.

If the disposition in this Paragraph THIRD Is not operative or Is invalid for any
reason, or if the Trust referred to In this Paragraph THIRD fails or has been revoked, then |
hereby Incorporate by reference the terms of that Trust, as executed previously without

giving effect to any amendments made subsequently, and | bequeath and devise thent

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residue of my estate to the Successor Trustee(s) named in the Trust, to be held,
administered and distributed as provided in that instrument.

FOURTH: | direct that any Inheritance, estate, or other death taxes that may by
reason of my death be attributable to my probate estate, or any portion of it, or to any
property or transfers of property outside my probate estate, shall be pald by my
Executor out of the residue of my estate disposed of by this Will, without adjustment
among the residuary beneficiaries, and shall not be charged against or collected from
any beneficiary of my probate estate, or from any transferee or beneficiary of any
property outside my probate estate.

FIFTH: | hereby nominate and appoint THOMAS A. LUCAS, as Executor of this Will,
to serve without bond. If said THOMAS A. LUCAS should for any reason fall to quallfy as
Executor, or should cease to act as Executor, then and In such event | request that a
court-appointed private professional fiduciary be named as Executor of this Will, to
serve without bond.

| authorize my Executor to sell any property belonging to my estate, at either
public or private sale, either with or without notice, subject-to such confirmation as may
be required by law, and to hold, manage, iease and operate any such property.

IN WITNESS WHEREOF, MARLYN SLVERMANBALLOHOEE he teri We petson and

named, have to this, aay Last Will and Testament, hereunto set my hand this a

coy of Roars, Z°/F _ pursuant to ae Deda Subshbied
Rud B-13-14 im’ the Ser Fram Aoctce Spevio Csuct dls:Cc Q

Thomas A. Lucas, on behalf of MARILYN SILVERMAN-BALLONOFF, the testator
above named, dectared to us, the undersigned, that this Instrument, consisting of three
{3) pages, Including this page signed by us as witnesses, was the testator's Will and
requested us to act as witnesses to It. The testator hereupon signed this Will in our
Presence and In the presence of each of us. The testator, an adult over 18 years of
age, appears to us to be of sound mind, and we have no knowledge of any facts
indicating that this instrument or any part of It was procured by duress, menace, fraud,
or undue influence. We now, at the testator's request, in the testator's presence, and in
the presence of each other, subscribe our names as witnesses.

We declare under penalty of perjury, under the laws of the State of California,
that the foregoing is true and correct.

Executed on hgeee rt, te/ Lat San Francisco, California.

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4b. Residing at ‘2! Kévere Are.

San Fiance cp CA 24124

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