Preview
DE-221
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adstessh: sin GQ5OO FOR COURT USE ONLY
|_. Timothy J. Walsh, Attorney at law
710 Missouri #3 F Superior Court of California F
Fairfield, CA. 94533 County of Butte
| |
TELEPHONE NO:707 429-1990
E-MAIL ADDRESS (Optiona): fflaw@comcast.net
FAX NO. (Optional: 707 429-1998 L 7/18/2019 L
ATTORNEY FOR (Nama): COLLEEN EMBERLAND E E
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE D D
s7ReET aporess: 1775 CONCORD AVE
MAILING ADDRESS:
By Deput:
‘ec ronically FILED
cITy AND ziP cope: CHICO, CA. 95928
BRANCH NAME:
ESTATE OF (Name): GARY STEVEN EMBERLAND CASE NUMBER: 1 QD R 1319
DECEDENT [HEARING DATE: po ) Be 7
SPOUSAL [_] DOMESTIC PARTNER PROPERTY PETITION DEPT:
"@200 4/4
Petitioner (name): requests
determin&tor ar Bhopaly BREA Pto the surviving spouse or surviving registered domestic partner witho ut administration
(Fam. Code, § 297.5, Prob. Code, § 13500).
confirmation of property belonging to the surviving spouse or surviving registered domestic pariner (Fam. Code, § 297.5,
Prob. Code, §§ 100, 101).
c. immediate appointment of a probate referee,
Petitioner is
surviving spouse of the decedent.
personal representative of (name): , surviving spouse.
guardian or conservator of the estate of (name): ; Surviving spouse.
surviving registered domestic partner of the decedent.
personal representative of (name): , surviving registered domestic partner.
f Co conservator of the estate of (name): , surviving registered domestic partner.
Decedent died on (date)‘APRIL 6, 2019
Decedent was
a resident of the California county named bbove.
b. [] anonresident of California and left an estate in the county named above.
c. Eg] intestate [7] testate and a copy ofttré 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.)
a. (Complete in all cases) The decedent is survived by
(1) C4 no chitd, [77 child as follows: natural or adopted [—_] natural, adopted by a third party.
@) no issue of a predeceased child. [7] issue ofa predeceased child.
b. Decedent [_] is 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,
(Complete only if no issue survived 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. [7] The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9.
Administration of ail 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 properly
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 7a! contains the {egal description (if real property add Assessor's Parce! 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 S00 Prob. Code, § 19658 for requited fling of alist of known creditors of a business and other informalion in certain instances, If requirad, include in Attachinont 7a,
Pago 4 of 2
For Adopted for Mandatory Us Family Code, § 297.5;
Sudicial Councit of California DE-224 SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION Probate Goda, § 13650
fev. January 1, 2014] Probate—Decedents Estates)
ESTATE OF CASE NUMBER:
GARY STEVEN EMBERLAND
DECEDENT
7. b, LX) 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 rata division of the aggregate value of the community property assets
or
quasi-community assets, or both.
8. There [_] exists does not exist a written agreement between the deceased spouse or deceased registered
domestic partner and the si urviving spouse or surviving registered domestic partner providing for a non pro rata division of
the
aggregate value of the community property assets or guasi-community assets, or both. (if petitioner
bases the description of the
property of the deceased spot use or partner passing to the surviving spouse or partner or the property to be contirmed 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.)
The names, relationships, ages, and residence or maili ing 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 [_] are listed in Attachment 9.
Name
relationship
and Age Residence
or mailing address
Willow Embertand ( daughter) adult 34 Quail Ridge Rd
Oroville, CA. 95966
Sarah Emberland ( daughter) adult 780 Robinson St.
Oroville, Ca. 95965
10. The names and addresses of all persons named as executors in the decedent's will and any codicil or aj inted as personal
representatives of the decedent's estate [__] are listed below [__] are listed in Attachment 10 none
11. [] The petitioner is the trustee of a trust that is a devise 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.
12. A petition for probate or for administration of the decedent's estate
a is being filed with this petition.
b was filed on (date):
¢. has not been filed and is not being filed with this petition.
13, Number of pages attached:
Date: g-/ sel -
TIMOTHY J. WALSH, ATTORNEY AT LAW
{TYPE OR PRINT NAME) {SIGNATURE OF ATTORNEY)
CS
| declare under penalty of perjury under the laws of the State of California that the foregoing is true rect.
Date:
S-1S-1F
COLLEEN EMBERLAND
(TYPE OR PRINT NAME)
ar (SIGHATURE OF PETITIONER)
DE-221 [Rev. January 1, 2014) Page 2of2
SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION
ite— Decedents Estates)
cof \
In re the ESTATE OF GARY STEVEN EMBERLAND
4
ATTACHMENT 7(a): legal description of deceased spouse’s property that petitioner requests
to be determined as having passed to the surviving spouse, to wit:
Financial accounts, including saving and checking accounts, money market accounts, at SAN
MATEO CREDIT UNION, Redwood City California.
These funds are all community property of the deceased and the petitioner, being funds earned
and deposited, during the marriage of the deceased and petitioner.
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In re the ESTATE OF GARY STEVEN EMBERLAND
ATTACHMENT 7(b): legal description of deceased spouse’s property that petitioner requests
to be determined as having passed to the surviving spouse, to wit:
Financial accounts, including saving and checking accounts, money market accounts, at SAN
MATEO CREDIT UNION, Redwood City California.
These funds are all community property of the deceased and the petitioner, being funds earned
and deposited, during the marriage of the deceased and petitioner.
o
~SAN MATEO~ P0.Boxst0
Redwood City, CA 94064-0910 4/1/2019 - 4/30/2019 XXXXXXO6-
CREDIT UNION
WCETan) =)|e) oro)o oe
jj se ai le)beley( G)aeis7.
12) a
I Vapjere)gicclsys (0; nr-larcicisy =) s16) N1O)ve uniey',
Ue criteria .0)0
GARY S_EMBERLAND
26 QUAIL RIDGE ROAD
OROVILLE CA 95966 Chet getiicve tits)
a ce et ~
Beginning the evening of June 7 and ending the morning of June 11, 2019, SMCU wilt perform a Technology
Upgrade to make our services faster and more efficient. During this time, Online Banking, Mobile Banking, and Call-
24 Telephone Banking will be unavailable, and branches will be closed on Saturday, June 8, and Monday, June 10.
ATMs, Debit Cards, and Credit Cards will nat be impacted. For more information and ways the Technology Upgrade
may impact your SMCU services, please visit smcu.org/techup. More details to follow.
Deposit Accounts Total Balance: $61,536.77
Account Previous Balance Deposits Withdrawals Ending Balance
REGULAR SHARES 00 140.05, 0.00 90.00 50.05
MONEY MARKET PLUS 10 56,538.90 23,19 0.00 56,562.09
FREE CHECKING 80 4,390.60 1,480.00 945.97 4,924.63
Loan Accounts Total Balance: $16,770.68
Account Previous Balance Payments Advances Ending Balance
40 17,058.74 288.06 0.00 16,770.68
L
eee ede) wy
PREVIOUS BALANCE: $140.05
Bi
Description Deposits Withdrawals Balance
Date
04/03 PRE-AUTHORIZED PAYMENT CMFG LIFE INS CO - 90.00 50.05
ENDING BALANCE: © $50.05
Annual Percentage Yield: 0.05% Dividends Year to Date: -00
Withholding: -00
Red
y ei uyeNsd dont eae io2 ale)
PREVIOUS BALANCE: $56,538.90
Eff. Description Amount
Date
Preview
DE-221 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adstessh: sin GQ5OO FOR COURT USE ONLY |_. Timothy J. Walsh, Attorney at law 710 Missouri #3 F Superior Court of California F Fairfield, CA. 94533 County of Butte | | TELEPHONE NO:707 429-1990 E-MAIL ADDRESS (Optiona): fflaw@comcast.net FAX NO. (Optional: 707 429-1998 L 7/18/2019 L ATTORNEY FOR (Nama): COLLEEN EMBERLAND E E SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE D D s7ReET aporess: 1775 CONCORD AVE MAILING ADDRESS: By Deput: ‘ec ronically FILED cITy AND ziP cope: CHICO, CA. 95928 BRANCH NAME: ESTATE OF (Name): GARY STEVEN EMBERLAND CASE NUMBER: 1 QD R 1319 DECEDENT [HEARING DATE: po ) Be 7 SPOUSAL [_] DOMESTIC PARTNER PROPERTY PETITION DEPT: "@200 4/4 Petitioner (name): requests determin&tor ar Bhopaly BREA Pto the surviving spouse or surviving registered domestic partner witho ut administration (Fam. Code, § 297.5, Prob. Code, § 13500). confirmation of property belonging to the surviving spouse or surviving registered domestic pariner (Fam. Code, § 297.5, Prob. Code, §§ 100, 101). c. immediate appointment of a probate referee, Petitioner is surviving spouse of the decedent. personal representative of (name): , surviving spouse. guardian or conservator of the estate of (name): ; Surviving spouse. surviving registered domestic partner of the decedent. personal representative of (name): , surviving registered domestic partner. f Co conservator of the estate of (name): , surviving registered domestic partner. Decedent died on (date)‘APRIL 6, 2019 Decedent was a resident of the California county named bbove. b. [] anonresident of California and left an estate in the county named above. c. Eg] intestate [7] testate and a copy ofttré 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.) a. (Complete in all cases) The decedent is survived by (1) C4 no chitd, [77 child as follows: natural or adopted [—_] natural, adopted by a third party. @) no issue of a predeceased child. [7] issue ofa predeceased child. b. Decedent [_] is 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, (Complete only if no issue survived 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. [7] The decedent is survived by a brother, sister, or issue of a deceased brother or sister, all of whom are listed in item 9. Administration of ail 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 properly 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 7a! contains the {egal description (if real property add Assessor's Parce! 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 S00 Prob. Code, § 19658 for requited fling of alist of known creditors of a business and other informalion in certain instances, If requirad, include in Attachinont 7a, Pago 4 of 2 For Adopted for Mandatory Us Family Code, § 297.5; Sudicial Councit of California DE-224 SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION Probate Goda, § 13650 fev. January 1, 2014] Probate—Decedents Estates) ESTATE OF CASE NUMBER: GARY STEVEN EMBERLAND DECEDENT 7. b, LX) 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 rata division of the aggregate value of the community property assets or quasi-community assets, or both. 8. There [_] exists does not exist a written agreement between the deceased spouse or deceased registered domestic partner and the si urviving spouse or surviving registered domestic partner providing for a non pro rata division of the aggregate value of the community property assets or guasi-community assets, or both. (if petitioner bases the description of the property of the deceased spot use or partner passing to the surviving spouse or partner or the property to be contirmed 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.) The names, relationships, ages, and residence or maili ing 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 [_] are listed in Attachment 9. Name relationship and Age Residence or mailing address Willow Embertand ( daughter) adult 34 Quail Ridge Rd Oroville, CA. 95966 Sarah Emberland ( daughter) adult 780 Robinson St. Oroville, Ca. 95965 10. The names and addresses of all persons named as executors in the decedent's will and any codicil or aj inted as personal representatives of the decedent's estate [__] are listed below [__] are listed in Attachment 10 none 11. [] The petitioner is the trustee of a trust that is a devise 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. 12. A petition for probate or for administration of the decedent's estate a is being filed with this petition. b was filed on (date): ¢. has not been filed and is not being filed with this petition. 13, Number of pages attached: Date: g-/ sel - TIMOTHY J. WALSH, ATTORNEY AT LAW {TYPE OR PRINT NAME) {SIGNATURE OF ATTORNEY) CS | declare under penalty of perjury under the laws of the State of California that the foregoing is true rect. Date: S-1S-1F COLLEEN EMBERLAND (TYPE OR PRINT NAME) ar (SIGHATURE OF PETITIONER) DE-221 [Rev. January 1, 2014) Page 2of2 SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION ite— Decedents Estates) cof \ In re the ESTATE OF GARY STEVEN EMBERLAND 4 ATTACHMENT 7(a): legal description of deceased spouse’s property that petitioner requests to be determined as having passed to the surviving spouse, to wit: Financial accounts, including saving and checking accounts, money market accounts, at SAN MATEO CREDIT UNION, Redwood City California. These funds are all community property of the deceased and the petitioner, being funds earned and deposited, during the marriage of the deceased and petitioner. yeti cet pve ii ae: ‘Al ‘Oily, CAGA0Ed-0810 a aN eas os ee ert geet) met Rote en SUSI Rorey aeurciry a) oes Saluesaeieniclics 4 cen log watt cise va 966 Se Per certeneccretttiy rae wee Bee arai ea this: 13) ts Fikin a ee is; ‘Del a5 a Credit i Ol ied jai eu Moi SC STC? ree eS Me caue ‘5. HECKING! 45 pea Bales ‘Bal ie aa SSS E018) AS Ee 70: AUTH Mi CMFG LIFE: vie ds cin se =) relies ei cicataid Beane vu: a a In re the ESTATE OF GARY STEVEN EMBERLAND ATTACHMENT 7(b): legal description of deceased spouse’s property that petitioner requests to be determined as having passed to the surviving spouse, to wit: Financial accounts, including saving and checking accounts, money market accounts, at SAN MATEO CREDIT UNION, Redwood City California. These funds are all community property of the deceased and the petitioner, being funds earned and deposited, during the marriage of the deceased and petitioner. o ~SAN MATEO~ P0.Boxst0 Redwood City, CA 94064-0910 4/1/2019 - 4/30/2019 XXXXXXO6- CREDIT UNION WCETan) =)|e) oro)o oe jj se ai le)beley( G)aeis7. 12) a I Vapjere)gicclsys (0; nr-larcicisy =) s16) N1O)ve uniey', Ue criteria .0)0 GARY S_EMBERLAND 26 QUAIL RIDGE ROAD OROVILLE CA 95966 Chet getiicve tits) a ce et ~ Beginning the evening of June 7 and ending the morning of June 11, 2019, SMCU wilt perform a Technology Upgrade to make our services faster and more efficient. During this time, Online Banking, Mobile Banking, and Call- 24 Telephone Banking will be unavailable, and branches will be closed on Saturday, June 8, and Monday, June 10. ATMs, Debit Cards, and Credit Cards will nat be impacted. For more information and ways the Technology Upgrade may impact your SMCU services, please visit smcu.org/techup. More details to follow. Deposit Accounts Total Balance: $61,536.77 Account Previous Balance Deposits Withdrawals Ending Balance REGULAR SHARES 00 140.05, 0.00 90.00 50.05 MONEY MARKET PLUS 10 56,538.90 23,19 0.00 56,562.09 FREE CHECKING 80 4,390.60 1,480.00 945.97 4,924.63 Loan Accounts Total Balance: $16,770.68 Account Previous Balance Payments Advances Ending Balance 40 17,058.74 288.06 0.00 16,770.68 L eee ede) wy PREVIOUS BALANCE: $140.05 Bi Description Deposits Withdrawals Balance Date 04/03 PRE-AUTHORIZED PAYMENT CMFG LIFE INS CO - 90.00 50.05 ENDING BALANCE: © $50.05 Annual Percentage Yield: 0.05% Dividends Year to Date: -00 Withholding: -00 Red y ei uyeNsd dont eae io2 ale) PREVIOUS BALANCE: $56,538.90 Eff. Description Amount Date