On October 07, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Mcconaghy, Julia,
and
for Petition for Letters of Administration
in the District Court of San Bernardino County.
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V ORTGINAL
Peter L. Funsten, Esq.SB # 80072
Dorothy M. Gibbons-White, Esq. SB #214763
Funsten & Franzen, An Association of Law Corporations
345 N. Maple Drive
Suite 208
Beverly Hills, CA 902 10
Tel. (3 10) 699-9389
m 0F51,55
sggfjj/On D
S‘W
:{nqfixL/ezonwm
WU
Attorneys for Petitioner, SEP ..
JULIA MCCONAGHY
‘
I 8 2UZJ
FAX
BY SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
lO
Case No.: PR0882100759
ll In the Matter of the
VERIFIED SUPPLEMENT TO EX
12
Estate of Kathleen Elizabeth King PARTE APPLICATION FOR ORDERS
ON PETITION FOR FINAL
l3 DISTRIBUTION ON WAIVER OF
ACCOUNTING REQUESTING
14 FURTHER ALTERNATE RELIEF:
REQUEST FOR DISTRIBUTION 0F
15 SEMPRA PENSION BENEFITS AS
PARTIAL DISTRIBUTION OF ESTATE;
l6 VVVVVVVVVVVVVVVVVVVVVV
DECLARATION OF DOROTHY M.
GlBBONS-WHITE
l7
Date: September 20, 2023
l8 Time: 9:002m
Dept: F—l
l9
The Honorable Damian Garcia
20
21
22
SUPPLEMENT TO EXiPAiRIE APPLICATIQN
23
On September l4, 2023, at 9:00 a.m. Petitioner Julia McConaghy’s Ex Pane Application
24
for Orders on Petition for Final Distn'bution on Waiver of Accounting was heard in Department
25
VERIFIED SUPPLEMENT TO EX PARTE APPLICATION FOR ORDERS0N PETITION FOR FINAL DISTRIBUTION 0N WAIVER 0F
ACCOUNTING REQUESTING FURTHER ALTERNATE RELIEF: REQUEST FOR DISTRIBUTION OF SEMPRA PENSION BENEFITS
AS PARTIAL DISTRIBUTION OF ESTATE; DECLARATION OF DOROTHY M‘ GlBBONS-WHITE
- I -
F-l of the above entitled Court, the Honorable Damian Garcia presiding. Petitioner requested ex
parte that the Court issue an immediate Order for Distribution on her Petition for Final
Distribution on Waiver of Accounting filed on June 12. 2023 and set for regular hearing on
October 26, 2023 in Department F-l in the Fontana Court of San Bemardino Superior Court (and
alternate relief for an order advancing the hearing 0n the Petition for Final Distribution and
Waiver of Accounting to the soonest available hearing date and an order for shortening time for
service). The Court continued the ex parte hearing to September 20, 2023 at 9:003m and
indicated thc Petitioner could file a Supplement to hcr Ex Pane Application so that alternate
orders could be considered at the hearing on September 20. 2023.
10
11 ALJER§AT7E REQUEST FOR RELIEF
12 The pending Ex Parte Application was made in order to ensure that the sole beneficiary
l3 of the Estate. Kate Ellen King, who is the mother of the decedent. is able t0 pay the taxes that
14 were due on her distribution, now owed to the IRS and the Franchise Tax Board for the fiscal
15 year ending on June 30. 2023.
16 The decedent‘s mother, Kate Ellen King (hereinafter. “Kate"). is the sole heir and
l7 currently has no cash assets to pay the taxes now due on the Sempra Pension Benefits under the
18 Southern California Gas Company Pension Plan (hcrcinaficr, “Scmpra Pension") that represent a
19 portion of the Estate. See Declaration of Kate Ellen King filed on September 7, 2023, currently
20 on file with the court (hereinafter, KK Decl.) §§2, 3. As reported on the Inventory and Appraisal
21 (currently on filc with the court), the Scmpra Pension held in cash by the estate total
22 $5] 1,364.00. The Plan Administrator withheld $5 ,000 for Federal taxes. which represents only
l
23 a ponion of the Federal taxes due. See Declaration of Peter L. Funsten filed on September 7,
24 2023, currently on file with the court (hereinafier, “PLF Decl.") §4. The Plan Administrator did
25 not withhold any amount for California taxes. PLF Decl. §4. The total in unpaid Federal income
VERIFIED SUPPLEMENT T0 EX PARTE APPLICATION FOR ORDERS ON PETITION FOR FINAL DISTRIBUTION 0N WAIVER OF
ACCOUNTING REQUESTING FURTHER ALTERNATE RELIEF. REQUEST FOR DISTRIBUTION 0F SEMPRA PENSION BENEFITS
AS PARTIAL DISTRIBUTION 0F ESTATE. DECLARATION 0F DOROTHY M. (ilBBONS-WHITE
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Document Filed Date
September 18, 2023
Case Filing Date
October 07, 2021
Category
Petition for Letters of Administration
Status
Under Court Supervision
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V ORTGINAL Peter L. Funsten, Esq.SB # 80072 Dorothy M. Gibbons-White, Esq. SB #214763 Funsten & Franzen, An Association of Law Corporations 345 N. Maple Drive Suite 208 Beverly Hills, CA 902 10 Tel. (3 10) 699-9389 m 0F51,55 sggfjj/On D S‘W :{nqfixL/ezonwm WU Attorneys for Petitioner, SEP .. JULIA MCCONAGHY ‘ I 8 2UZJ FAX BY SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES lO Case No.: PR0882100759 ll In the Matter of the VERIFIED SUPPLEMENT TO EX 12 Estate of Kathleen Elizabeth King PARTE APPLICATION FOR ORDERS ON PETITION FOR FINAL l3 DISTRIBUTION ON WAIVER OF ACCOUNTING REQUESTING 14 FURTHER ALTERNATE RELIEF: REQUEST FOR DISTRIBUTION 0F 15 SEMPRA PENSION BENEFITS AS PARTIAL DISTRIBUTION OF ESTATE; l6 VVVVVVVVVVVVVVVVVVVVVV DECLARATION OF DOROTHY M. GlBBONS-WHITE l7 Date: September 20, 2023 l8 Time: 9:002m Dept: F—l l9 The Honorable Damian Garcia 20 21 22 SUPPLEMENT TO EXiPAiRIE APPLICATIQN 23 On September l4, 2023, at 9:00 a.m. Petitioner Julia McConaghy’s Ex Pane Application 24 for Orders on Petition for Final Distn'bution on Waiver of Accounting was heard in Department 25 VERIFIED SUPPLEMENT TO EX PARTE APPLICATION FOR ORDERS0N PETITION FOR FINAL DISTRIBUTION 0N WAIVER 0F ACCOUNTING REQUESTING FURTHER ALTERNATE RELIEF: REQUEST FOR DISTRIBUTION OF SEMPRA PENSION BENEFITS AS PARTIAL DISTRIBUTION OF ESTATE; DECLARATION OF DOROTHY M‘ GlBBONS-WHITE - I - F-l of the above entitled Court, the Honorable Damian Garcia presiding. Petitioner requested ex parte that the Court issue an immediate Order for Distribution on her Petition for Final Distribution on Waiver of Accounting filed on June 12. 2023 and set for regular hearing on October 26, 2023 in Department F-l in the Fontana Court of San Bemardino Superior Court (and alternate relief for an order advancing the hearing 0n the Petition for Final Distribution and Waiver of Accounting to the soonest available hearing date and an order for shortening time for service). The Court continued the ex parte hearing to September 20, 2023 at 9:003m and indicated thc Petitioner could file a Supplement to hcr Ex Pane Application so that alternate orders could be considered at the hearing on September 20. 2023. 10 11 ALJER§AT7E REQUEST FOR RELIEF 12 The pending Ex Parte Application was made in order to ensure that the sole beneficiary l3 of the Estate. Kate Ellen King, who is the mother of the decedent. is able t0 pay the taxes that 14 were due on her distribution, now owed to the IRS and the Franchise Tax Board for the fiscal 15 year ending on June 30. 2023. 16 The decedent‘s mother, Kate Ellen King (hereinafter. “Kate"). is the sole heir and l7 currently has no cash assets to pay the taxes now due on the Sempra Pension Benefits under the 18 Southern California Gas Company Pension Plan (hcrcinaficr, “Scmpra Pension") that represent a 19 portion of the Estate. See Declaration of Kate Ellen King filed on September 7, 2023, currently 20 on file with the court (hereinafter, KK Decl.) §§2, 3. As reported on the Inventory and Appraisal 21 (currently on filc with the court), the Scmpra Pension held in cash by the estate total 22 $5] 1,364.00. The Plan Administrator withheld $5 ,000 for Federal taxes. which represents only l 23 a ponion of the Federal taxes due. See Declaration of Peter L. Funsten filed on September 7, 24 2023, currently on file with the court (hereinafier, “PLF Decl.") §4. The Plan Administrator did 25 not withhold any amount for California taxes. PLF Decl. §4. The total in unpaid Federal income VERIFIED SUPPLEMENT T0 EX PARTE APPLICATION FOR ORDERS ON PETITION FOR FINAL DISTRIBUTION 0N WAIVER OF ACCOUNTING REQUESTING FURTHER ALTERNATE RELIEF. REQUEST FOR DISTRIBUTION 0F SEMPRA PENSION BENEFITS AS PARTIAL DISTRIBUTION 0F ESTATE. DECLARATION 0F DOROTHY M. (ilBBONS-WHITE - 7 -