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  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
  • Estate of:  Peterson, Kyle DanielSpousal/Domestic Partner Property (PR13650) document preview
						
                                

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DE-221 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY Jason A. Fetchilc (State Bar # 227832) TRISKELL, GORDON & FETCHIK LLP SUUEIiL: CUUIIUI CHIHUIIiIi. FILED 180 N. Glendora Avenue, Suite 201 County uIHuIte EUITIr—Tl Glendora, CA 91741 TELEPHONE No.: (626) 914—7809 FAX No. (Optional).- (626) 335-7091 3/06/2024 E-MAIL ADDRESS (Optional): jfetchik@dgf_law_com ATTORNEY FOR (Name),- RObin Peterson, petitioner SUPERIOR COURT OF CALIFORNIA, COUNTY 0F BUTTE s STREET ADDRESS: 1775 Concord AVG nr ImaIIaII M Deputy MAILING ADDRESS: EEflNQWI-MEFLED CITY AND ZIP CODE; Chico 95928 BRANCH NAME: Civil/Probate Division ESTATE OF (Name).- CASE NUMBER: Kyle Daniel Peterson 24PR00105 DECEDENT HEARING DATE: April 23, 2024 X SPOUSAL E DOMESTIC PARTNER PROPERTY PETITION am; 1 TIME; 9:00 A.M. 1, Petitioner (name): Robin Peterson requests a. X determination of property passing to the surviving spouse or surviving registered domestic partner without administration (Fam. Code, §297.5, Prob. Code, § 13500). b. X confirmation of property belonging to the surviving spouse or surviving registered domestic partner (Fam. Code, § 297.5, c. E Prob. Code, §§ 100, 101). immediate appointment of a probate referee. 2. Petitioner is a. b. c, E E X surviving spouse ofthe decedent. personal representative of (name): guardian or conservator of the estate of (name): , surviving spouse. d, D surviving registered domestic partner of the decedent. , surviving spouse. e, [:3 personal representative of (name).' , surviving registered domestic partner. f, conservator of the estate of (name): , surviving registered domestic partner. 3. D e cedent died on (date).' January 12, 2023 4. Decedent was a.X a resident of the California county named above. b. c. X E a nonresident of California and left an estate in the county named above. intestate E testate and a copy of the will and any codicil is affixed as Attachment 4c. (Attach copies of will and any codicil, a typewritten copy of any handwritten document, and an English translation of any foreign-language document.) 5. a. (Complete in all cases) The decedent is survived by (1) X X no child. E: child as follows: natural or adopted [:3 natural, adopted by a third party. (2) no issue of a predeceased child. issue of a predeceased child. b. Decedent is X is not survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barrier. (See Prob. Code, § 6454.) 6. (Complete only if no issue sun/ived the decedent. Check only the first box that applies.) a. The decedent is survived by a parent or parents who are listed in item 9. b. E: The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9. 7. Administration of all or part of the estate is not necessary for the reason that all or a part of the estate is property passing to the surviving spouse or surviving registered domestic partner. The facts upon which petitioner bases the allegation that the property described in Attachments 7a and 7b is property that should pass or be confirmed to the surviving spouse or surviving registered domestic partner are stated in Attachment 7. a. X Attachment 7a1 contains the legal description (if real property add Assessor's Parcel Number) of the deceased spouse's or registered domestic partner's property that petitioner requests to be determined as having passed to the surviving spouse or partner from the deceased spouse or partner. This includes any interest in a trade or business name of any unincorporated business or an interest in any unincorporated business that the deceased spouse or partner was operating or managing at the time of death, subject to any written agreement between the deceased spouse or partner and the surviving spouse or partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. 1 See Prob, Code, § 13658 for required filing of a list of known creditors of a business and other information in certain instances. lf required, include in Attachment 7a. Page 1 of2 lidiLiZ/Edfi'liiLibtibifilitfiéii SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION JESSYZSSQ'IZ: giggle-5a lReV- J 1' 2°14] (Probate—Decedents Estates) LexisNexis® Automated California Judicial Council F arms DocuSign Envelope ID: 8071 18F1—EF06-4529-8F73-ECZ3F7DBB1 1 E ESTATE OF (Name): CASE NUMBER: Kyle Daniel Peterson DECEDENT 7. b. m Attachment 7b contains the legal description (if real property add Assessor's Parcel Number) of the community or quasi- community property petitioner requests to be determined as having belonged under Probate Code sections 100 and 101 and Family Code section 297.5 to the surviving spouse or surviving registered domestic partner upon the deceased spouse's or partner's death, subject to any written agreement between the deceased spouse or partner and the surviving spouse or partner providing for a non pro rate division of the aggregate value of the community property assets or quasi—community assets. or both. 8. There [:3 exists does not exist a written agreement between the deceased spouse or deceased registered domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the aggregate value of the community property assets or quasi~community assets, or both. (If petitioner bases the description of the property of the deceased spouse or partner passing to the surviving spouse or partner or the property to be confirmed to the surviving spouse or partner, or both, on a written agreement, a copy of the agreement must be attached to this petition as Attachment 8.) 9_ The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named in decedent's will and codicils, whether living or deceased, and (2) all persons checked in items 5 and 6 are listed below [j are listed in Attachment 9. Name an l ti shi Age Residence or mailing address Curtis Peterson (issue of grandparent) 13770 Grover Lane, Magalia, CA 95954 Joy Shannon (issue of grandparent) 8129 Driver Ranch Ct, Antelope, CA 95843 10. The names and addresses of all persons named as executors in the decedent's will and any codlcil or appointed as representatives of the decedent's estate E are listed below E] are listed in Attachment 10 none personal 11. [:1The petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all persons interested in the trust who are entitled to notice under Probate Code section 13655(a)(2) are listed in Attachment 11. a. b. E 12. A petition for probate or for administration of the decedent's estate 1:] is being filed with this petition. was filed on (dare).- C- [2:] has not been filed and is not being filed with this petition. 13. Number of pages attached: Date: Q/p/g—c/ Jason A. Fetchiic (TYPE 0R PRINT NAME) ' i (SIGNATURE OF ATTORNEY) l declare of perjury under the laws of the State of California that the f egoing is true and correct. 3 under()%e4nalty Date: Doc igned by: Robin Peterson (TYPE 0R PRINT NAME) ' folio» 63m pfl'mw (SIGNATURE 0F PETITIONER) DE"221[RE'V'J"'""W'2°"" f2 SPOUSAL on DOMESTIC PARTNER PROPERTY PETITION (Probate-—Decedents Estates) LexisNexis® Automated California Judicial Council Forms DocuSign Envelope ID: B07118F1-EF06—4529—8F73-EC23F7DBB11 E Attachment 7 Petitioner, Robin Peterson, declares: I am the surviving spouse of Decedent, Klye Daniel Peterson, and the petitioner herein. Kyle was a victim of the Camp Fire in 2018, and was part of a class of plaintiffs who sought damages from Pacific Gas & Electric (PG&E). A settlement was reached whereby Kyle shall receive settlement proceeds. Unfortunately, Kyle has since passed away. Kyle and I were married on July 6,2013, and remained married until his death. Kyle had no children. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DocuSlgned by: UOOUDI9 3/5/2024 film 735mm," DATED: RORRFRC egsgfiszamecxzse Robin Peterson Attachment 7 Attachment 7 a and 7b Funds from a confidential settlement reached in litigation against Pacific Gas & Electric concerning the 2018 Camp Fire, proceeds of which were community property. Attachment 7a and 7b Attachment 9 NOTICE Kyle had no children. Both of Kyle's parents predeceased him. Kyle had no siblings. Kyle's grandparents predeceased him. Kyle s grandparents left two issue who survived Kyle. They are Curtis Peterson (Kyle's uncle) and Joy Shannon (Kyle's aunt) Attachment 9 Points and Authorities California Family Code section 2603(a) reads: (a) "Community estate personal injury damages" as used in this section means all money or other property received or to be received by a person in satisfaction of a judgment for damages for the person's personal injuries or pursuant to an agreement for the settlement or compromise of a claim for the damages, if the cause of action for the damages arose during the marriage but is not separate property as described in Section 7 81, unless the money or other property has been commingled with other assets of the community estate. As established by Family Code section 2603(a), the settlement proceeds at issue in this matter are community property. Decedent died intestate. As such, the proceeds pass to the surviving spouse. (Probate Code section 6401(a).) Petitioner asks that the court order that the funds be distributed to fiobin Peterson, the surviving spouse of Decedent. DATED: az // , 2024 Q Jas A-. F etchik, _ At rney for Petitioner