Motion for Spousal Support in Estate of: Moor, Roger Lewis| Trellis.Law

On September 20, 2017 a Complaint,Petition was filed involving a dispute between Moor, Patricia K, and for Spousal/Domestic Partner Property (PR13650) in the District Court of Butte County.

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i DE-221
A‘l'l'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY. .

— Christian A. Atherton SBN: 178187 F Su erior Court of California
F
Law Office of CA. Atherton County of Butte I
I
7448 Skyway L
Paradise, CA 95969 L SEPZUZUI?
877-6332 877-7054
FAX No. (Optional); (530)
E E
TELEPHONE No.:(530)
atherton Iawoffice@gmail.com
E-MAIL ADDRESS (Optional): D ﬁber ’ lener,Clerk
Mbeputv
D
ATTORNEYFOR (Name):Patricia K. MOOI' By ( a

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Butte
STREETADDRESS: 1775 COﬁCOl‘d Ave.
1775
MAILING ADDRESS: Concord Ave.
ChICO,
CITY AND ZIP CODE: CA 95928
BRANCH NAME:Probate
ESTATE OF (Name):
Roger Lewis Moor aka Roger L. Moor “WWPR 0 03 4 I
DECEDENT HEARING DATE:1

October 0, 2O 1 7
E] SPOUSAL CI DOMESTIC PARTNER PROPERTY PETITION
DEPT; C-18 I
TIME:9:00 am.
1. Petitioner (name): PatrlCla K. MOOI‘ requests
a. m determination of property passing to the surviving spouse or surviving registered domestic partner without administration
(Fam. Code, § 297.5, Prob. Code, § 13500).
b. m conﬁrmation of property belonging to the surviving spouse or surviving registereddomestic partner (Fam. Code, § 297.5,
Prob. Code, §§ 100, 101).
c. D immediate appointment of a probate referee.
2. Petitioner is
a. m surviving spouse of the decedent.
b. CI personal representative of (name): ,surviving spouse.
0. CI guardian or conservator of the estate of (name): ,surviving spouse.
d. D surviving registered domestic partner of the decedent.
e. D personal representative of (name): ,surviving registered domestic partner.
f. D conservator of the estate of (name): ,surviving registered domestic partner.
3. Decedent died on (date): August 5, 2016
4. Decedent was
a. a] a resident of the California county named above.
b. C] a nonresident of California and left an estate in the county named above.
0. C] intestate E] testate and a copy ofthe 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) CI no child. m child as follows: D natural or adopted C] natural, adopted by a third party.
(2) C] no issue of a predeceased child. m issue of a predeceased child.
b. Decedent C] is K] 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 survived the decedent. Check only the first box that applies.)
a. C] The decedent is survived by a parent or parents who are listed in item 9.
b. C] 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. K] Attachment 75 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.
See Prob. Code, § 1365810r required filing of a list of known creditors of a business and other Information in certain instances. If required, include in Attachment 7a.
Page1of 2
Form Adopted for Mandatory Use SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION Family Code,
297.5;
Judicial Council of California DE-221 Probate Code,
13650
[Rev. January 1, 2014]CEB’ Essential (Probate-Decedents Estates)
cebxom EFormS'
I
NUMBER:
-_'-ASE
ESTATE OF (Name):
Roger Lewis Moor aka Roger L. Moor
DECEDENJ

Attachment 7b contains the legal description (if real property add Assessors Parcel Number)
of the community or quasi-
7. b. E] Probate Code sections 100 and 101
community property petitioner requests to be determined as having belonged under
and Family Code section 297.5 to the surviving spouse or surviving registered
domestic partner upon the deceased
and the surviving
spouse's or partner's death, subject to any written agreement between the deceased spouse or partner
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.
8. There D exists m 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
assets or quasi-community assets, or both. petitioner
(If bases the description of the
aggregate value of the community property
passing the surviving spouse orpartner or theproperty to be confirmed to the
property of the deceased spouse or partner to
or both,on a writtenagreement, acopy ofthe agreement must be attached tothispetition as
surviving spouse or partner,
Attachment 8.)
ascertainable by petitioner
9. The names, relationships, ages, and residence or mailing addresses so far as known to or reasonably
whether or
living deceased, and (2)allpersons checked in items 5 and 6
of (1) all persons named in decedent's will and codicils,
E] are listed below m are listed in Attachment 9.
Residence or mailing address
Name and relationship Age

as personal
10. The names and addresses of all persons named as executors in the decedent's will and any codicil or appointed
representatives of the decedent's estate m are listed below D are listed in Attachment 10 D none

Patricia K. Moor John A. Moor
1211 Severns Lane 27901 Norris Rd. #100
Paradise, CA 95969 Bozeman, MT 59718

Thadeus G. Moor
2781 Old South Court S.W.
Concord, NC 28027
persons
11. E] The petitioner is the trustee of a trust that is a devisee under decedent's will. The names and addresses of all
interested in the trust who are entitled to notice under Probate Code section13655(a)(2) are listed in Attachment 11.
12. for
A petition for probate or administration ofthe decedent's estate
a. D is being ﬁled with this petition.
b. D was ﬁled on (date) :
c.[XI has not been ﬁled and is not being ﬁled with this petition.
13. Number of pages attached: 8___
Date: Q”
ChristianA

I
7 //7
Atherton
(TYPE OR PRINT NAME)
) ﬂ
VM 6 w;—
(SIGNATURE OF ATTORNEY)

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

Date: CZ//?//7
Patricia K Moor } £71” 5,»; $7Mc7157 (SIGNATURE OF PETITIONER)
(TYPE 0R PRINT NAME)

Pagezofz
DE-221 (Rev. January1,2014] SPOUSAL OR DOMESTIC PARTNER PROPERTY PET I I ION
Essential (Probate-Decedents Estates)
CEB‘
sebum Em
1;.

LAST WILL AND TESTAMENT OF .

ROGER L. MOOR

FIRST: I, ROGER L. MOOR, the Testator,hereby declare that this is my will and
I

that I residein the County of Butte, State of California.

SECOND: Only this document is my Will. I revoke. any and all prior Wills and

Codicils made by me. There is only one signed original of my Will. Each page of this Will is

numbered at the end of the text on the page. I have written my initials next to each number at the

end of each page.

THIRD: I hereby declare that I am married to PATRICIA K. MOOR. For purposes

‘of this Will, all references to my SPOUSE shall refer to PATRICIA K. MOOR. I conﬁrm to my

Spouse my Spouse's share of our community property and my Spouse's expectancy in my quasi-

community property. I intend to dispose of my share of community property, my separate
I
property, if any, and my share of my quasi-community property, if any.
FOURTH: I hereby declare that I have the following children, MICHAEL J. MOOR,

ROGER L. MOOR, Jr., THADEUS G. MOOR, and JOHN A. MOOR. I have no other children,

living orideceased. For purposes of this Will, all references to my CHILDREN shall refer to my

children speciﬁcally identiﬁed in this paragraph.
‘ FIFTH: I hereby nominate PATRICIA K. MOOR to serve as executor of my Will.

If PATRICIA K. MOOR'is unable, unwilling or unable to qualify to serve as executor of my will,
'

I hereby nominate THADEUS G. MOOR to serve as alternate executor. If THADEUS G. MOOR

@9499;
Will. ofRoger L. Moor,
.
ﬁ'ﬁcﬂ, date /'2 [‘7'
i
2007 ‘ Law Ofﬁce ofChristian A. Athenon
R.L.M. C.A.A. B.A.M. 1849‘Robinson Street, Oroville, CA 95965
1 530-534-7300
'~
ATTACH ENT C
PAGE 093:.
is unable, unwilling or unable to qualify to serve as executor of my Will, I hereby nominate

JOHN A. MOOR to serveas alternate executor. No bond shall be required for any executor

serving separately or jointly. "Executor" includes Co-Executors and any personal representative

SIXTH: Except as otherwise provided in my Will, I hereby generally and

speciﬁcally disinherit each, any and all persons whomsoever claiming to be, or who may. lawfully

be determined to be, my heirs-at-law and any other person or persons not speciﬁcally named in

this Will.

SEVENTH: -Ihereby give the residue of my estate to my Spouse, if my Spouse survives
me by forty-ﬁve (45) days. If my Spouse does not survive me, then my estate shall be equally

divided by my CHILDREN, or the survivors of the group that is comprised of my CHILDREN,
who survive me at the time of distribution.

EIGHTH: .
I direct my Executor to administer my probate estate under the
T

Independent Administration of Estates Act.

NINTH: My Executor has all the powers conferred by the California Probate Code

as it exists at my death. My Executor also has the powers stated in this will..

TENTH: I direct my executor to pay, out of my probate estate, all estate or other

death taXes, including interest and penalties on them, that may by reason of my death be
attributable to my probate estate or any portion of my probate estate, or any property received by

.any person as a family allowance or homestead; not make any adjustment for those taxes among

my residuary beneﬁciaries; and not charge against or collect from any beneﬁciary of my probate

estate any part of those taxes.

7
Will ofRoger L. Moor,5%
R.L.M. C.A.A.
-

liﬂc‘ﬁ,
B.A.M.
date /"2) - 263197
‘ Law Ofﬁce ofChristian A. Alhenon
1849 Robinson Street, Oroville, CA 95965
2 ‘
,
530-534-7800
L/L’1

ATTACH ENT
PAGE OF
ELEVENTH: With or without notice, at either public or private sale, my Executor may

sell any asset or lease any asset.

TWELFTH: My Executor may hire and pay from my probate estate the fees for

investment, legal, tax, and accounting advice, and probate estate administration and management

assistance. The Executor may hire any ﬁrm of which the Executor is a member, employee,

shareholder, or consultant. If the Executor exercised care in selecting any adviser, the Executor

is not liable for acts taken or not taken by the adviser in good faith.

THIRTEENTH: Where the word "heirs" appears in this will,'the identities of my
heirs shall be determined under Galifornia law in effect when I die, and their shares shall be

determined according to that law as itrelates to the succession of separate property not acquired
from a parent, grandparent or previously deceased spouse.
I

FOURTEENTH: If any beneﬁciary of my Will, heir of mine, or person

claiming under any beneﬁciary or heir (all are referred to as person or persons in this section)

contests this Will or any trust to which any of my assets are transferred, attacks any of the

provisions, or tries to impair or invalidate any of the provisions of this will, or conspires with or

voluntarily assists anyone trying to do any act described in this paragraph, then I speciﬁcally

disinherit that person or persons. I do not want any of those persons to receive any of my assets.
FIFTEENTH: The masculine, feminine, or neuter gender, and the singular or plural

number includes the others whenever the context indicates. ‘

SIXTEENTH; If any provision of this Will is not enforceable, the other provisions are
.

enforceable.

Moongﬂ,
Will of Roger L.
R.L.M.
M, ﬁf KL
C.A.A. B.A.M.
date/'35’ ’ 20237 \ Law Ofﬁce ofChristian A. Athenor:
I849Robinson Street, Orovillc. CA 95965
-

3 530-534-7803

ATTAC' '
ENT #C
PAGE OF
SEVENTEENTH: I have not entered into either a contract to make a Will or a
contract not to revoke a Will.
.

On this Elthay of (lawn, [g at: l
,2001, at Paradise, California, 'Isign my name to

this Will consisting of a total of four pages, including signature pages.

KW»
ROGElijf. MOOR
may
We, the witnesses to this Will, declare:

(l) we do not expect to receive anything under this Will.
(2) The Testator signed above at the end of this Will in our presence, all of us (a) being
present at the same time and (b) observing the Testator sign this Will. I

(3) At this time, the Testator is over 18 years of age and appears to be of sound mind.
(4) We have no knowledge of any facts showing that this Will, or any part of it, was procured
by duress, menace, fraud, or undue inﬂuence.
(5) At the time of signing this Will, the Testator said to us that it was the Testator's Will.
Now, at the Testator's request and in the Testator's presence, we, in the presence of each other,
sign as witnesses below.

We declare under penalty of perjury under the laws of the State of California that the
statements in this Attestation Clause are true and correct, and that we now sign this declaration
on this ”5—D dayvof
3 mm»; , 2001, at Paradise, California.

Witness:ﬂ ww>y
Christian A. Atherton
C Address: 1849 Robinson Street, Oroville. CA

Witness:%ﬂ€fba MGWQLCQ ‘. Address: 1849 Robinson Street, Oroville, CA
Brooke Mansﬁeld

Wi" OfROECI' L- M00124 gllLQm/t’, [a /"}’6’ “257297
[2‘4 date Law Ofﬁce ofChrislian A. Atherton
R.L.M. C.A.A. B.A.M. ~184§Robinson Street,Oroville,CA 959:):
4 530-534-72 yo

ATTACH LIC
ENT
PAGE OF
Spousal Property Petition - Estate of Roger Lewis Moor aka Roger L. Moor
Attachment No. 7

1. Petitioner and decedent were married on October 7, 1961.

2. The property that is subject to this petition was acquired during marriage.

3. At the time the property was acquired, decedent and petitioner were residents of the State of

\DOOQONUl-b-
California.

4. Title is held in the names of both spouses as community property.

5. The decedent willed his interest to his surviving spouse and a true and correct copy of the will
is attached hereto and is incorporated by reference.

26 ATTACHMENT 7 "
PAGE _~l_ OF
27

28
ATTACHMENT 7 TO SPOUSAL PROPERTY PETITION
.

1
/
Spousal Property Petition - Estate of Roger Lewis Moor aka Roger L. Moor
Attachment No. 7(a)

PROPERTY OWNED BY DECEASED SPOUSE

LEGAL DESCRIPTION OF REAL PROPERTY
\OOO\)O\M-I>b3l\Jb-‘

A community property interest in all that certain real property situate in the Town of Paradise, County
of Butte, State of California, more particularly described as follows:

: BEING a portion of the Northeast quarter of Section 11, Township 22
North, Range 3 East, M. D B. 6: IE., and mere particularly described
f'a 3 follows .
Lot 2, as shown On that certain Parcel Map recorded in the office of the
Recorder of the County of Butte, State of California, on May 7, 1973 in
Eook 46 of Parcel Maps, at page 9. '
~

EXCEPTINGLTHEREFROM all mineral s of every kind and character, all rights
of entry to extract said minerals were waived and Quit Claimed by Document,
recorded Augutrust 14, 1950 in Book 550 of Official Records, at page 277.

TOGETHER WITH a non—eXClusive easement for road purposes and public utility
purposes over a strip of land oeginning at a point in the South line of the
" whichpoint bears 89° 52‘ feet
above described parcel, South West, 189.86
from the Southeast corner of- said parcel; thence from said point of beginne
ing, North 00° 05' East, 20.00 feet; thence North 89° 52' East, 439-86 feet;
Vthen’ce South 00° 051 West, 20.00 feet; thence North 89° 52' East, 66-00
feet and South 89° ~55' East, £20.00 feet to the center line of Rocky'Lane'
thence along said
NNNNNNNNNP‘F‘F—‘i—‘b—‘h—ﬁH—lb-dbt
center line, South 00° 05‘ West, 25.00 feet; thence North
89° 55' West, 420. 00 feet; South 89° 52‘ West, 205.86 feet, thenCe
South 00° 05' West, 15. 00 feet; thence South 89° 52' West, 300. 00 feet;
thence North 00° 05‘ East, 40. 00 feet to the point of beginning
OOQQM-PWN’ﬁOKOOONQM-bwwh‘o

AP No. 051—13—2—ll2—-O

ATTACH ENT 1(9)
'5 “OF:7:

ATTACHMENT 7 TO SPOUSAL PROPERTY PETITION
2
Spousal Property Petition - Estate of Roger Lewis Moor aka Roger L. Moor
Attachment No. 7(b)

PROPERTY BELONGING TO SURVIVING SPOUSE

LEGAL DESCRIPTION OF REAL PROPERTY

All that certain real property situate in the Town of Paradise,
O\OOO\)O\UIJ>~UJN>—-
County of Butte, State of California, more
particularly described as follows:

'BEING a portion of the Northeast quarter of Section 11, Township 22
North, Range 3 East, M. D. B. d- M., and more particularly described
.ias follows:
Lot 2, as shown on that certain Parcel Map recorded in the office of the
Recorder of the County of Butte, State of California, on May 7, 1973 in
Book 46 of Parcel maps, at page 9.
EXCEPTING THEREFROM all minerals of every kind and character; all rights
of entry to extract said mine_-ls were waived and Quit Claimed by Document
recorded Oust
Augu 14, 1950 in Book 550 of Official Records, at page 277-
TOGETHER WITH a non—eXclusive easement for road purposes and public utility
“
purposes over a strip of land beginning at a point in the South line of the
above described parcel, which point bears South 89° 52' West, 189. 86 feet
.' from the Southeast corner of- said parcel; thence from said point of beginn—
ing,ANorth 00° 05' East, 20. CO feet; thence North 89° 52' East, 439 86 feet‘ 1
thence South 00° 05’ West, 20. 00 feet; thence Itorth 89° 52' East, 66-00
feet, and South 89° 55' East, —.~20. 00 feet to the center line Of Rocky Dane
thence along said
NNNNNNNNND—il—dr—ir—‘I—Ay—ﬁr—lt—ll—Ip—A

center line, South 00° 05' West, 25.00 feet; thence North
89° 55' West, 420.00 feet; ‘taence South 89° 52‘ West, 205.86 feet”; thence
South 00° 05' ‘West, 15.00 feet; thence South 89° 52’ West," 500. 00 feet;
thence North 00° 05‘ East, 40.00 feet to the point of beginning.
WQOMAWNHOCOOVONLh-bwwﬂ

A]? No. 051—13—2—112—0

ATTAC MENg‘ 7.
(40>
PAGE

ATTACHMENT 7 TO SPOUSAL PROPERTY PETITION
3
Spousal Property Petition - Estate of Roger Lewis Moor aka Roger L. Moor
Attachment No. 9

NAMES, RELATIONSHIPS AND ADDRESSES OF ALL INTERESTED PERSONS:

Patricia K. Moor Spouse - Adult
1211 Sevems Lane
Paradise,
\OOO\lO\Ul-l>~
CA 95969

Thadeus G. Moor Child - Adult
2781 Old South Court S.W.
Concord, NC 28027

John A. Moor Child - Adult
27901 Norris Road #100
10 Bozeman, MT 59718
H Michael J. Moor Child- Adult
1211 Sevems Lane
12 Paradise, CA 95969

13 Roger L. Moor, Jr. - Child - deceased

14 June K. Moor Garﬁeld Issue of Predeceased Child - Adult
6235 Leicester Drive
15 Magalia, CA 95954

16 Ian H. Moor Issue of Predeceased Child - Adult
160 E. Lassen Ave. # 12
17 Chico, CA 95928

18 Eli Moore Issue of Predeceased Child - Adult
806 Luther Lane #2
19 Paradise, CA 95969

20 Brandice M. Moor Issue of Predeceased Child - Adult
20010 Dawn Hollow Court
21 Humble, TX 77346

22 Braun Moor Issue of Predeceased Child - Adult
20010 Dawn Hollow Court
23 Humble, TX 77346

24 Roger L. Moor, III Issue of Predeceased Child - Child
1188 Wagstaff Rd.
25 Paradise, CA 95969

26
c1
ATTACH XENT -

27 13‘AGE 011:1:
28

Case Info

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Robert A. Glusman Track Judge’s New Case

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Document Filed Date

September 20, 2017

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September 20, 2017

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Complaint,Petition: Estate of: Moor, Roger Lewis

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