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DAVIDP. UCCELLI (SBN 63056) SAN MATEO COO~
Law Offices of David P. Uccelli
NOV 1V 2016
2 520 South El Camino Real, Suite 830
San Mateo, California 94402-1721
pf +g Pal lgf @QUES
3 Telephone
Facsimile
(650)
(650)
579-1100
342-9560 @ zs~i~ ngputv
/
CLERK
4
Attorneys for Petitioners
5 Wayne Podesta and Gary Podesta, Ca-Trustees
of The 1996 John A. Podesta and Mari
6 d tdJ 1 31,1996
7
SUPERIOR CCURT OF CALIFORNIA
COUNTY OF SAN MATEO
In the matter of 16PR000618
THE 1996 JOHN A, PODESTA AN3
MARK C. PODESTA TRUST ORDER CONFIRMING TRUST ASSETS
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DATED JULY 31, 1996
«PRO-00010
P,,
017200
Code 172001
Order (probete
Petitioners Wa ynee Podesta and Gary Podesta in their
eir capacity
ca aci as successor Co-Trustees of
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Th e 1996 John A. Podesta and
an Marie
arie C. Podesta
P Trust dated July 31, 1996 havi
aving submitted
theirr Petition
e i ion for
or Confirmation of Trust Ass=ts
= s, thee C ourt now finds as follows:
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1. Notice of the Petition was
as given or waived as required by law.
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2. The Petition is true nd
and correct and should be granted as filed.
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3. On Jul y,31 1 996, John A. Podes-a and Marie
arie C.. Podesta
P established a revocable
living trust (thee""1996 ohn
Joh and Marie Podesta Trust"
s ) b y an agreement
a between themselves as
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Settlors and themselves
ves as Trus
Trustees. On Jariuary19 2006 J o h n A. Podesta died and on
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March 10, 2015, Marie Podesta s a died
ie and
an the trust is now irrevocable.
ca e. Their
eir sons,
sons Wa
Wayne Podesta
24
and Gary Podesta,
o esta, became
ecame successor
s Co-Trustees of sai
said Trust
rust,and are currently acting as Co-
25 '
rustees of said Trust. A true
ruee and
an correct ca
copy oof a Certificate of Trusts wi
with an excerpt of the
26
Trust
rus Agreement, and Certificates of Death
o eat are attached hereto mark e d Attac hm ent A and
27
Attachment ive y and
B res p ectivel incorporated herein by reference.
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Order Confirming Trust Assets
The 1996 John A. Podesta
o estaand
an lilarie C. Podesta
Trast dated July 31 1996
1 2. Both John A. Podesta and Marie C. Podesta were residents of the County of San
2 Mateo, California for many years, and at all times herein relevant and at the time of their deaths
3 each resided at 638 Lisbon Street, Daly City, San Mateo County, California.
4 3. From the creation of the 1996 John and Marie Podesta Trust until their respective
5 deaths the Settlors were the sole beneficiaries of said trust.
6 4. Both of the above-named succes-or Co-Trustees are residents of San Mateo County,
7 California, which county is the place of adrr inistration of the 1996 John and Marie Podesta
8 Trust. Pursuant to Probate Code $ 17005, San Mateo County is the proper venue for
9 determination of the matters raised by this petition.
10 5. John A. Podesta (aka John Podesta) was the brother of Andrew Mario Podesta who
11 died on May 20, 1995. Andrew Mario Podesta died intestate and his estate was administered in
12 San Mateo County, Probate Case No. 9940, wherein John A. Podesta acted as Administrator of
13 said estate and was the decedent's sole heir at law. On June 3, 1996, the court issued and filed an
14 "Order For Final Distribution And Statutor Fees" in said estate, of which the court has taken
15 judicial notice. Said Order provides on page 4 thereof as follows:
16 Any other property of the Estate Iiot now known or discovered that may
belong to the Estate or in which the Decedent or the Estate may have any
17 interest shall be distributed as fol ows:
The whole thereof to JOHN A. PODESTA.
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A copy of said Order is annexed hereto as Attachment C.
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6. At the time of his death, Andrew Mario Podesta owned two securities held in
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investment accounts now administered thrcugh Computershare consisting of the following:
21
NAME SHARES
22
MFS Intermediate Income Trust Cxxxxx41009 1000 shares
23 Valpey-Fisher Corporation Cxxxxx25909 Certificate ¹ >M 300 snares
24 Copies of the Computershare notices regarding said accounts and securities are attached hereto as
25 Attachment D and incorporated herein by r=ference.
26 7. Through inadvertence and/or neglect, the above-mentioned securities were not
27 formally distributed to John A. Podesta, the sole heir of Andrew Mario Podesta and remain in the
Order Confirming Trust Assets
The 1996 John A. Podesta and Marie C. Podesta Trust dated July 31, 1996
1 name of Andrew Mario Podesta. Neverthel=ss, title tosaid securities passed to John A. Pocesta
2 by operation of law on the death of Andrew Mario Podesta pursuant to California Probate Code
3 $ 7000.
4 8. John A. Podesta and Marie C. Podesta intended all of their community property, and
5 all of their respective separate property (incFuding the above-mentioned accounts and securities}
6 be included in the 1996 John and Marie Pocesta Trust, and that the same would pass by way of
7 the 1996 John and Marie Podesta Trust witl:out the necessity of probate proceedings.
8 9. In order to settle and complete tl-e administration of the 1996 John and Marie Podesta
9 Trust, Petitioners need to establish their authority and title as successor Co-Trustees to the above-
10 mentioned accounts and securities and theirright to access and possession of the same.
11 10. In this case the Settlor, John A Podesta, also has a "pour-over" Will which gives all
12 property to the trustee [in this case the successor Co-Trustees] of the 1996 John A. Podesta and
13 Marie C. Podesta Revocable Trust. A true and correct copy of the Will is annexed hereto and
14 incorporated herein by reference marked Attachment E. The probate of said Will would result in
15 the same outcome as requested in this petition, namely the transfer of title of the above-
16 mentioned accounts and securities to the su=cessor Co-Trustees of said Trust. The purpose of
17 this Order is to achieve the identical result, but without the expense and delay of further probate
18 proceedings regarding the Estate of Andrev Mario Podesta, and/or John A. Podesta.
19 11. The sole heir of the Estate of P ndrew Mario Podesta was and is John A. Podesta,
20 and the sole beneficiaries of the John A. Podesta Pour-Over Will are his sons, the Petitioners
21 herein in their capacities as successor Co-Trustees of the 1996 John and Marie Podesta Trust.
22 12. Petitioners in their capacities a- successor Co-Trustees each waived any and all
23 notice(s) regarding this Petition, and respectfully request the Court issue this Order on an Ex
24 Parte basis.
25 13. No administration of the estate of Jolin A. Podesta is pending.
26 14. Accordingly, the Court should confirm that the owners of the above-mentioned
27 accounts and securities are in fact Wayne Fodesta and Gary Podesta in their capacity as successor
28
Order Confirming Trust Assets
The 1996 John A. Podesta and Marie C. Podesta Trust dated July 31, 1996
1 Co-Trustees of the 1996 John and Marie Podesta Trust.
2 THEREFORE, IT IS HEREBY ORDERED that title to the above-mentioned accounts
3 securities presently administered by Computershare islegally held by Wayne Podesta and Gary
4 Podesta in their capacity as successor Co-Trustees of the 1996 John A. Podesta and Marie C.
5 Podesta Revocable Trust dated July 31, 1995, and that said Co-Trustees as the owners of said
6 accounts and securities have title and the right of access to,and possession of, the above-
7 mentioned accounts and securities.
9 Dated: MAV 1 A'20$
10
JUDGE'OF THE SUPERIOR COURT
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Order Confirming Trust Assets
The 1996 John A. Podesta and Marie C. Podesta T~st dated July 31, 1996
TACHMENT A
CERTIFICATION OF TRUST
REGARDING THE 1996 JOHN A. PODESTA AND MARIE C. PODESTA
REVOCABLX TRUST
Bated July 31, 1996
Wayne Podesta and Gary Podesta hereby p:esent this Certification of Trust, in lieu of
providing the trust instrument, to establish the exigence and terms of the Trust as set forth
hereinafter.
1. On July 31, 1996, at South San Francisco, California, John A. Podesta and Marie C.
Podesta as Trustors signed and established the 1995 John A. Podesta and Marie C. Podesta
Revocable Trust dated July 31, 1996.
2. John A. Podesta and Marie C. Podesta v ere the designated and appointed Co-Trustees
of said trust until the death on John A. Podesta on ~anuary 19, 2006, at which time the trust
became partially irrevocable and Marie C. Podesta continued as sole Trustee of said trust until
her death on March 10, 2015, at which time Wayne Podesta and Gary Podesta, decedents'ons,
became Successor Co-Trustees of said trust and continue to act as Successor Co-Trustees of said
trust. This Certification of Trust is signed by all of the currently acting Trustee(s) of the Trust.
3. The Trust Agreement is not of record in any court of law and has not been recorded in
the real property records of any county.
4. The Trust has not been revoked, modified, or amended in any manner which would
cause the statements contained in this Certification to be incorrect.
5. The Trust became completely irrevocab e upon the death of Marie C. Podesta on
March 10, 2015.
6. Title to assets of the Trust should be tak=n in the names of Wayne Podesta and Gary
Podesta as Successor Co-Trustees of the Marital Truest, or as Successor Co-Trustees of the
Residuary Trust, each is a sub-trust of the 1996 Joha A. Podesta and Marie C. Podesta Revocable
Trust.
7. The real properties listed in Exhibit "A'ttached hereto are held in the trust.
8. Under the terms of the Trust, the Trustees'owers include all powers and authority
granted to trustees under the California Probate Coce, as amended from time to time, and
expressly include the powers set forth in Exhibit "B" attached hereto.
9. This Certification is intended to serve as a "Certification of Trust" under California
Probate Code )18100.5, as amended. Its purpose is to certify the existence of the trust, to
identify the powers of the Co-Trustees, the manner of taking title to assets, and to summarize
some of the more important provisions of the trust so that the Co-Trustees can deal with third
parties, without disclosing the entire Trust, which is a private and confidential document.
10 All third parties dealing with the Co-Trustees may rely on this Certification of Trust
as a true statement of the provisions of the Trust described herein as of the date this Certification
is presented to such person (regardless of the date of execution of this Certification), and such
third party is not liable to any person for so acting, unless such third party has actual knowledge
that the representations contained herein are incorr ct. [Calif. Prob. Code )18100.5(f))
11. Except when requested by a beneficiary or in the context of litigation concerning the
Trust and subject to the provisions of subdivision (e) of Calif. Probate Code $ 18100.5, any
person making a demand for the Trust documents m addition to a certification of trust to prove
facts set forth in the certification of trust acceptable to the third party shall be liable for damages,
including attorney's fees, incurred as a result of the refusal to accept the certification of trust in
lieu of the requested documents ifthe court determines that the person acted in bad faith in
requesting the trust documents.
12. The Trust's Internal Revenue Service EIN is 47-7085428,
We declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed at San Mat=o, California on September 8, 2016.
WAYNE PODESTA, Successor Co-Trustee of the
1996 ohn
~
A. Podesta and Marie C. Podesta Trust,
dated July 31, 1996
GARY PQbEAA, Successor Co-Trustee of the
1996 John A. Podesta and Marie C. Podesta Trust,
dated:uly 31, 1996
A notary public or other officer "ompleting this certificate
verifies only theidentity of theindividual who signed
the document to which this certificateis attached,and not &e truthfulness,accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF SAN MATEO
On September 8, 2016, before me, Doris A. Burke, Notary Public, personally appeared
WAYNEPODESTA and GARY PODESTA who proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to
me that ~lb@'they executed the same in h; /M/their authorized capacity(ies), and that by
brest~/their signature(s) on the instrument the pe:son(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PEN&.TY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
DORIS A. BURKE
Commission ¹ 2112S1 3
Notary Public - California
San Mateo County
Signature 2119k
My Comm. Expires May 23,
Signature of Notary Public
EXHIBIT "A"
The following real properties are held in the names of Wayne Podesta
and Gary Podesta as Co-Trustees of the Marital Sub-Trust or the
Residuary Sub-Trust under the 1996 John A. Podesta and Marie C.
Podesta Trust established on July 31, 1996, which trust is now
irrevocable.
50% interest in 700 Hoffman Street, Daly City, CA APN 011-331-060;
50% interest in Cabrillo HWY N., Half Moon Bay, CA APNs 048-310-120;
066-160-090; and 066-180-010.
100% interest in 17380 Amethyst Dr., Fort Bragg, CA APN 017-260-27; 019-570-04
100% interest in 17250 Boice Ln., Fort Bragg, CA APN 017-220-07; 017-262-22
1996 JOHN A. PODESTA AND MARIE C. PODESTA
REVOCABLE TRUST
ARTICLE ONE
CREATION OF TRUST
1.1. Declaration. John A. Podesta and Marie C. Podesta,
husband and wife, of San Mateo County, California, who are herein
referred to as "the settlors" or "the trustees," depending on the
context, hereby declare that they hold certain property (the "trust
estate") in trust, to be held, administered, and distributed
according to the terms of this instrument.
1 '. Names of Trusts. The trusts created by this instrument
shall be known collectively as the 1996 John A. Podesta and Marie
C. Podesta Revocable Trust, and each separate trust created under
this instrument shall be referred to by adding the name or
designation of that separate trust as it appears in the appropriate
section of this instrument.
1 ' 'ffective Date. Th:s declaration shall be effective
immediately on execution by all the parties.
1.4. Identification of Livincr Children. The settlors have
two living children, as follows: WAYNE PODESTA and GARY PODESTA.
1.5. No Deceased Children. The settlors have no deceased
children.
,p
surviving settlor shall be paid all income to which he or she is
entitled under the Survivor's Trust.
ARTICLE SEVEN
TRUSTEE
7.1 ~ Remainina Settlor to kct as Sole Trustee on Death or
Incaoacitv of Deceased Settlor. If, while both settlors are acting
as cotrustees, either settlor dies, becomes incapacitated, or is
otherwise unable or unwilling to "ontinue to act as a cotrustee,
and no successor cotrustee has been designated under any other
provision of this trust instrument, the other settlor thereafter
shall be sole trustee, with full power to continue the trust
administration.
7.2. Successor Trustees. If the office of trustee becomes
vacant, by reason of death, incapacity, or any other reason, and no
successor trustee or cotrustees 2;ave been designated under any
other provision of this trust instrument, then Nayne Podesta,
settlors'on, and Gary Podesta,-'se=tlors'on, shall be successor
cotrustees. If either successor cotrustee dies, becomes
incapacitated, or is otherwise unable or unwilling to serve as a
cotrustee, the remaining successor trustee shall be sole successor
trustee.
7.3. Definition of Trustee. preference in this instrument to
"the trustee" shall be deemed a reference to whoever is serving as
trustee or cotrustees, and shall include alternate or successor
trustees or cotrustees, unless the context requires otherwise.
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7.4. Removal and Realacemert of Trustee. While both settlors
are alive, the settlors shall have the power, at any time and for
any reason, with or without cause, to remove any trustee acting
under this instrument, and notwithstanding any other provision of
this instrument, designate another trustee to replace the removed
trustee. Removal shall be effected by giving a written notice of
removal to the trustee to be removed and to the designated
successor. The removal shall become effective on the delivery to
the settlors of a written acceptance of the trust, by the successor
trustee, and the settlors shall promptly notify the txustee being
removed of the receipt of that acceptance.
7.5. Waivex of Bond. No bond or undextaking shall be
required of any individual who serves as a txustee under this
instrument.
7.6. Comoensation of Individual Trustees. Each individual
who is a trustee under this irstxument shall be entitled to
reasonable compensation fox'ervt.ces rendered, payable without
coux't order.
7.7. Procedure fox Resicrnation. A11y txustee may resign at
any time, without giving a reason for the resignation, by giving
written notice, at least thirty (30) days, before the time the
resignation is to take effect, to the settloxs, if living, to any
other trustee then acting, to any persons authorized to designate
a successor trustee, to all trust beneficiaries known to the
trustee (or, in the case of a minor beneficiary,.to the parent or
guardian of that beneficiary) and to the successor trustee. A
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QJ
r<'j,
resignation shall be effective cxn written acceptance of the trust
by the successor trustee.
7.8. General Powers of Trustee. To carry out the purposes of
the trusts created under this instrument, the trustee shall have
all of the powers enumerated i~ this trust instrument and all
powers now or hereafter conferred on trustees under California law,
subject to any limitations s=ated elsewhere in this trust
instrument.
7.9. Power to Retain Trust Prooertv. The trustee shall have
the power to retain property received into the trust at its
inception or later added to the trust, as long as the trustee
considers that retention in the best interests of the trust or in
furtherance of the goals of the settlors in creating the trust, as
determined from this trust instrument, but subject to the standards
set forth in California Probate Cade Section 16040.
7.10. Trustee's Power to Invest Prooertv. Subject to the
standards set forth in California Probate Code Section 16040, the
trustee shall have the power to invest in and acquire every kind of
property, real, personal, or mixed, and every kind of investment,
including but not limited to obligations of the United States
government.
7.11. Power Over Unproductive Pronertv. The trustee shall
have the power to retain or acquire unproductive or underproductive
property; provided, however, that as to any assets of the
Survivor's Trust, the surviving settlor shall have the right, by
delivery of a..written instrument to the trustee, to require the
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to make unproductive property productive, within a
reasonable time following receipt of the request.
7.12. Power to Self-Deal. The trustee, acting as an
individual or as a trustee of another trust not created by this
trust instrument, shall have the power to perform the following
acts with respect to the property of any trust under this trust
instrument: purchase property from or sell property to the trust
at fair market value; exchange property for trust property of equal
value; lease property from or tc the trust at fair rental value;
boxx'ow funds from or lend ox advance funds to the trust, wit4
intexest at then-prevailing rates, and give or xeceive security for
the loans in any commexcially reasonable form; and xeceive from any
business in which the trust has an intexest a reasonable salaxy and
xeimbursement, of expenses while performing duties as a~ trustee.
7.13. Retention of Familv Residence. The txustee shall
xetain, in any txust, ox trusts created by this trust instrument,
any interest in real px'opexty ased by the settloxs as theix
principal xesidence at the time of the deceased settlox's death
("the family xesidence"), and shal'eal with the family xesidence
in accordance with the following terms and conditions:
(a) During his or her lifetime, the surviving settlor
shall have the right to occupy the family residence (or
any substitute residence or residential property
purchased as provided in this section of the trust
instrument) free of any rent.
(b) The trustee shall pay as much of the mortgage or
trust deed payments, property taxes, assessments,
insurance, maintenance, and ordinary repairs on the
family residence (or any substitute residence or
residential property purchased as provided in this
section of the trust instrument) as corresponds to the
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interest or interests are held, as set forth in Article
Six of this trust instrument.
7.14. Power to Combine Trust Assets. Each trust created
under this instrument shall constitute a separate trust and be
administered accordingly; however, the assets of all of the trusts
may be combined for bookkeeping purposes and held for the trust
beneficiaries without physical division into separate trusts until
time of distribution.
7.15. Earlv Termination of Trusts. The trustee shall have
the power, in the trustee's discretion, to terminate any trust
created under this trust instrument whenever the fair market value
of the trust falls below fifty thousand dollars ($ 50,000), or
becomes so small in relation to he
-.
costs of administration as to
make continuing administration uneconomical. On termination, the
trustee shall distribute the principal and any accrued or
undistributed net income to the iacome beneficiaries in proportion
to their shares of the income. If no fixed amount of income is
payable to specific beneficiaries, the trustee shall distribute the
principal and any accrued or undistributed net income in equal
shares to those beneficiaries who would then be entitled to inc:-:;..";.'-;-
payments from the trust.
7.16. Division or Distribution in Cash or Kind. In order to
satisfy a pecuniary gift or to distribute or divide trust assets
into shares or partial shares, the trustee may distribute or divide
those assets in kind, or divide undivided interests in those
assets, or sell all. or any part of those assets and distribute or
divide the property in cash, in kind, or partly in cash and partly
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/'1'n
kind. Property distributec. to satisfy a pecuniary gift under
this instrument shall be valued at its fair market, value at the
time of distribution. This sec ion shall apply only to the extent
that it does not conflict wit? the provisions in this instrument
specifying allocation of assets involving the marital deduction
gift.
7 '7 Pavements to Lecrallv Incavacitated Persons. If at any
time any trust beneficiary is a minor, or it appears to the trustee
that any trust beneficiary is incapacitated, incompetent, or for
any other reason not able to receive payments or make intelligent
or responsible use of the payments, then the trustee, in lieu of
making direct payments to the trust beneficiary, may make payments
to the beneficiary's conservator or guardian; to the beneficiary's
custodian under the Uniform Gifts to Minors Act or Uniform
Transfers to Minors Act of any state; to one or more suitable
persons as the trustee deems proper, such as a relative of or a
person residing with the beneficiary, to be used for the
beneficiary's benefit; to any other person, firm, or agency for
services rendered
Preview
DAVIDP. UCCELLI (SBN 63056) SAN MATEO COO~ Law Offices of David P. Uccelli NOV 1V 2016 2 520 South El Camino Real, Suite 830 San Mateo, California 94402-1721 pf +g Pal lgf @QUES 3 Telephone Facsimile (650) (650) 579-1100 342-9560 @ zs~i~ ngputv / CLERK 4 Attorneys for Petitioners 5 Wayne Podesta and Gary Podesta, Ca-Trustees of The 1996 John A. Podesta and Mari 6 d tdJ 1 31,1996 7 SUPERIOR CCURT OF CALIFORNIA COUNTY OF SAN MATEO In the matter of 16PR000618 THE 1996 JOHN A, PODESTA AN3 MARK C. PODESTA TRUST ORDER CONFIRMING TRUST ASSETS 12 DATED JULY 31, 1996 «PRO-00010 P,, 017200 Code 172001 Order (probete Petitioners Wa ynee Podesta and Gary Podesta in their eir capacity ca aci as successor Co-Trustees of 16 Th e 1996 John A. Podesta and an Marie arie C. Podesta P Trust dated July 31, 1996 havi aving submitted theirr Petition e i ion for or Confirmation of Trust Ass=ts = s, thee C ourt now finds as follows: 18 1. Notice of the Petition was as given or waived as required by law. 19 2. The Petition is true nd and correct and should be granted as filed. 20 21 3. On Jul y,31 1 996, John A. Podes-a and Marie arie C.. Podesta P established a revocable living trust (thee""1996 ohn Joh and Marie Podesta Trust" s ) b y an agreement a between themselves as 22 Settlors and themselves ves as Trus Trustees. On Jariuary19 2006 J o h n A. Podesta died and on 23 March 10, 2015, Marie Podesta s a died ie and an the trust is now irrevocable. ca e. Their eir sons, sons Wa Wayne Podesta 24 and Gary Podesta, o esta, became ecame successor s Co-Trustees of sai said Trust rust,and are currently acting as Co- 25 ' rustees of said Trust. A true ruee and an correct ca copy oof a Certificate of Trusts wi with an excerpt of the 26 Trust rus Agreement, and Certificates of Death o eat are attached hereto mark e d Attac hm ent A and 27 Attachment ive y and B res p ectivel incorporated herein by reference. 28 Order Confirming Trust Assets The 1996 John A. Podesta o estaand an lilarie C. Podesta Trast dated July 31 1996 1 2. Both John A. Podesta and Marie C. Podesta were residents of the County of San 2 Mateo, California for many years, and at all times herein relevant and at the time of their deaths 3 each resided at 638 Lisbon Street, Daly City, San Mateo County, California. 4 3. From the creation of the 1996 John and Marie Podesta Trust until their respective 5 deaths the Settlors were the sole beneficiaries of said trust. 6 4. Both of the above-named succes-or Co-Trustees are residents of San Mateo County, 7 California, which county is the place of adrr inistration of the 1996 John and Marie Podesta 8 Trust. Pursuant to Probate Code $ 17005, San Mateo County is the proper venue for 9 determination of the matters raised by this petition. 10 5. John A. Podesta (aka John Podesta) was the brother of Andrew Mario Podesta who 11 died on May 20, 1995. Andrew Mario Podesta died intestate and his estate was administered in 12 San Mateo County, Probate Case No. 9940, wherein John A. Podesta acted as Administrator of 13 said estate and was the decedent's sole heir at law. On June 3, 1996, the court issued and filed an 14 "Order For Final Distribution And Statutor Fees" in said estate, of which the court has taken 15 judicial notice. Said Order provides on page 4 thereof as follows: 16 Any other property of the Estate Iiot now known or discovered that may belong to the Estate or in which the Decedent or the Estate may have any 17 interest shall be distributed as fol ows: The whole thereof to JOHN A. PODESTA. 18 A copy of said Order is annexed hereto as Attachment C. 19 6. At the time of his death, Andrew Mario Podesta owned two securities held in 20 investment accounts now administered thrcugh Computershare consisting of the following: 21 NAME SHARES 22 MFS Intermediate Income Trust Cxxxxx41009 1000 shares 23 Valpey-Fisher Corporation Cxxxxx25909 Certificate ¹ >M 300 snares 24 Copies of the Computershare notices regarding said accounts and securities are attached hereto as 25 Attachment D and incorporated herein by r=ference. 26 7. Through inadvertence and/or neglect, the above-mentioned securities were not 27 formally distributed to John A. Podesta, the sole heir of Andrew Mario Podesta and remain in the Order Confirming Trust Assets The 1996 John A. Podesta and Marie C. Podesta Trust dated July 31, 1996 1 name of Andrew Mario Podesta. Neverthel=ss, title tosaid securities passed to John A. Pocesta 2 by operation of law on the death of Andrew Mario Podesta pursuant to California Probate Code 3 $ 7000. 4 8. John A. Podesta and Marie C. Podesta intended all of their community property, and 5 all of their respective separate property (incFuding the above-mentioned accounts and securities} 6 be included in the 1996 John and Marie Pocesta Trust, and that the same would pass by way of 7 the 1996 John and Marie Podesta Trust witl:out the necessity of probate proceedings. 8 9. In order to settle and complete tl-e administration of the 1996 John and Marie Podesta 9 Trust, Petitioners need to establish their authority and title as successor Co-Trustees to the above- 10 mentioned accounts and securities and theirright to access and possession of the same. 11 10. In this case the Settlor, John A Podesta, also has a "pour-over" Will which gives all 12 property to the trustee [in this case the successor Co-Trustees] of the 1996 John A. Podesta and 13 Marie C. Podesta Revocable Trust. A true and correct copy of the Will is annexed hereto and 14 incorporated herein by reference marked Attachment E. The probate of said Will would result in 15 the same outcome as requested in this petition, namely the transfer of title of the above- 16 mentioned accounts and securities to the su=cessor Co-Trustees of said Trust. The purpose of 17 this Order is to achieve the identical result, but without the expense and delay of further probate 18 proceedings regarding the Estate of Andrev Mario Podesta, and/or John A. Podesta. 19 11. The sole heir of the Estate of P ndrew Mario Podesta was and is John A. Podesta, 20 and the sole beneficiaries of the John A. Podesta Pour-Over Will are his sons, the Petitioners 21 herein in their capacities as successor Co-Trustees of the 1996 John and Marie Podesta Trust. 22 12. Petitioners in their capacities a- successor Co-Trustees each waived any and all 23 notice(s) regarding this Petition, and respectfully request the Court issue this Order on an Ex 24 Parte basis. 25 13. No administration of the estate of Jolin A. Podesta is pending. 26 14. Accordingly, the Court should confirm that the owners of the above-mentioned 27 accounts and securities are in fact Wayne Fodesta and Gary Podesta in their capacity as successor 28 Order Confirming Trust Assets The 1996 John A. Podesta and Marie C. Podesta Trust dated July 31, 1996 1 Co-Trustees of the 1996 John and Marie Podesta Trust. 2 THEREFORE, IT IS HEREBY ORDERED that title to the above-mentioned accounts 3 securities presently administered by Computershare islegally held by Wayne Podesta and Gary 4 Podesta in their capacity as successor Co-Trustees of the 1996 John A. Podesta and Marie C. 5 Podesta Revocable Trust dated July 31, 1995, and that said Co-Trustees as the owners of said 6 accounts and securities have title and the right of access to,and possession of, the above- 7 mentioned accounts and securities. 9 Dated: MAV 1 A'20$ 10 JUDGE'OF THE SUPERIOR COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Order Confirming Trust Assets The 1996 John A. Podesta and Marie C. Podesta T~st dated July 31, 1996 TACHMENT A CERTIFICATION OF TRUST REGARDING THE 1996 JOHN A. PODESTA AND MARIE C. PODESTA REVOCABLX TRUST Bated July 31, 1996 Wayne Podesta and Gary Podesta hereby p:esent this Certification of Trust, in lieu of providing the trust instrument, to establish the exigence and terms of the Trust as set forth hereinafter. 1. On July 31, 1996, at South San Francisco, California, John A. Podesta and Marie C. Podesta as Trustors signed and established the 1995 John A. Podesta and Marie C. Podesta Revocable Trust dated July 31, 1996. 2. John A. Podesta and Marie C. Podesta v ere the designated and appointed Co-Trustees of said trust until the death on John A. Podesta on ~anuary 19, 2006, at which time the trust became partially irrevocable and Marie C. Podesta continued as sole Trustee of said trust until her death on March 10, 2015, at which time Wayne Podesta and Gary Podesta, decedents'ons, became Successor Co-Trustees of said trust and continue to act as Successor Co-Trustees of said trust. This Certification of Trust is signed by all of the currently acting Trustee(s) of the Trust. 3. The Trust Agreement is not of record in any court of law and has not been recorded in the real property records of any county. 4. The Trust has not been revoked, modified, or amended in any manner which would cause the statements contained in this Certification to be incorrect. 5. The Trust became completely irrevocab e upon the death of Marie C. Podesta on March 10, 2015. 6. Title to assets of the Trust should be tak=n in the names of Wayne Podesta and Gary Podesta as Successor Co-Trustees of the Marital Truest, or as Successor Co-Trustees of the Residuary Trust, each is a sub-trust of the 1996 Joha A. Podesta and Marie C. Podesta Revocable Trust. 7. The real properties listed in Exhibit "A'ttached hereto are held in the trust. 8. Under the terms of the Trust, the Trustees'owers include all powers and authority granted to trustees under the California Probate Coce, as amended from time to time, and expressly include the powers set forth in Exhibit "B" attached hereto. 9. This Certification is intended to serve as a "Certification of Trust" under California Probate Code )18100.5, as amended. Its purpose is to certify the existence of the trust, to identify the powers of the Co-Trustees, the manner of taking title to assets, and to summarize some of the more important provisions of the trust so that the Co-Trustees can deal with third parties, without disclosing the entire Trust, which is a private and confidential document. 10 All third parties dealing with the Co-Trustees may rely on this Certification of Trust as a true statement of the provisions of the Trust described herein as of the date this Certification is presented to such person (regardless of the date of execution of this Certification), and such third party is not liable to any person for so acting, unless such third party has actual knowledge that the representations contained herein are incorr ct. [Calif. Prob. Code )18100.5(f)) 11. Except when requested by a beneficiary or in the context of litigation concerning the Trust and subject to the provisions of subdivision (e) of Calif. Probate Code $ 18100.5, any person making a demand for the Trust documents m addition to a certification of trust to prove facts set forth in the certification of trust acceptable to the third party shall be liable for damages, including attorney's fees, incurred as a result of the refusal to accept the certification of trust in lieu of the requested documents ifthe court determines that the person acted in bad faith in requesting the trust documents. 12. The Trust's Internal Revenue Service EIN is 47-7085428, We declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at San Mat=o, California on September 8, 2016. WAYNE PODESTA, Successor Co-Trustee of the 1996 ohn ~ A. Podesta and Marie C. Podesta Trust, dated July 31, 1996 GARY PQbEAA, Successor Co-Trustee of the 1996 John A. Podesta and Marie C. Podesta Trust, dated:uly 31, 1996 A notary public or other officer "ompleting this certificate verifies only theidentity of theindividual who signed the document to which this certificateis attached,and not &e truthfulness,accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN MATEO On September 8, 2016, before me, Doris A. Burke, Notary Public, personally appeared WAYNEPODESTA and GARY PODESTA who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ~lb@'they executed the same in h; /M/their authorized capacity(ies), and that by brest~/their signature(s) on the instrument the pe:son(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PEN&.TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DORIS A. BURKE Commission ¹ 2112S1 3 Notary Public - California San Mateo County Signature 2119k My Comm. Expires May 23, Signature of Notary Public EXHIBIT "A" The following real properties are held in the names of Wayne Podesta and Gary Podesta as Co-Trustees of the Marital Sub-Trust or the Residuary Sub-Trust under the 1996 John A. Podesta and Marie C. Podesta Trust established on July 31, 1996, which trust is now irrevocable. 50% interest in 700 Hoffman Street, Daly City, CA APN 011-331-060; 50% interest in Cabrillo HWY N., Half Moon Bay, CA APNs 048-310-120; 066-160-090; and 066-180-010. 100% interest in 17380 Amethyst Dr., Fort Bragg, CA APN 017-260-27; 019-570-04 100% interest in 17250 Boice Ln., Fort Bragg, CA APN 017-220-07; 017-262-22 1996 JOHN A. PODESTA AND MARIE C. PODESTA REVOCABLE TRUST ARTICLE ONE CREATION OF TRUST 1.1. Declaration. John A. Podesta and Marie C. Podesta, husband and wife, of San Mateo County, California, who are herein referred to as "the settlors" or "the trustees," depending on the context, hereby declare that they hold certain property (the "trust estate") in trust, to be held, administered, and distributed according to the terms of this instrument. 1 '. Names of Trusts. The trusts created by this instrument shall be known collectively as the 1996 John A. Podesta and Marie C. Podesta Revocable Trust, and each separate trust created under this instrument shall be referred to by adding the name or designation of that separate trust as it appears in the appropriate section of this instrument. 1 ' 'ffective Date. Th:s declaration shall be effective immediately on execution by all the parties. 1.4. Identification of Livincr Children. The settlors have two living children, as follows: WAYNE PODESTA and GARY PODESTA. 1.5. No Deceased Children. The settlors have no deceased children. ,p surviving settlor shall be paid all income to which he or she is entitled under the Survivor's Trust. ARTICLE SEVEN TRUSTEE 7.1 ~ Remainina Settlor to kct as Sole Trustee on Death or Incaoacitv of Deceased Settlor. If, while both settlors are acting as cotrustees, either settlor dies, becomes incapacitated, or is otherwise unable or unwilling to "ontinue to act as a cotrustee, and no successor cotrustee has been designated under any other provision of this trust instrument, the other settlor thereafter shall be sole trustee, with full power to continue the trust administration. 7.2. Successor Trustees. If the office of trustee becomes vacant, by reason of death, incapacity, or any other reason, and no successor trustee or cotrustees 2;ave been designated under any other provision of this trust instrument, then Nayne Podesta, settlors'on, and Gary Podesta,-'se=tlors'on, shall be successor cotrustees. If either successor cotrustee dies, becomes incapacitated, or is otherwise unable or unwilling to serve as a cotrustee, the remaining successor trustee shall be sole successor trustee. 7.3. Definition of Trustee. preference in this instrument to "the trustee" shall be deemed a reference to whoever is serving as trustee or cotrustees, and shall include alternate or successor trustees or cotrustees, unless the context requires otherwise. 18 7.4. Removal and Realacemert of Trustee. While both settlors are alive, the settlors shall have the power, at any time and for any reason, with or without cause, to remove any trustee acting under this instrument, and notwithstanding any other provision of this instrument, designate another trustee to replace the removed trustee. Removal shall be effected by giving a written notice of removal to the trustee to be removed and to the designated successor. The removal shall become effective on the delivery to the settlors of a written acceptance of the trust, by the successor trustee, and the settlors shall promptly notify the txustee being removed of the receipt of that acceptance. 7.5. Waivex of Bond. No bond or undextaking shall be required of any individual who serves as a txustee under this instrument. 7.6. Comoensation of Individual Trustees. Each individual who is a trustee under this irstxument shall be entitled to reasonable compensation fox'ervt.ces rendered, payable without coux't order. 7.7. Procedure fox Resicrnation. A11y txustee may resign at any time, without giving a reason for the resignation, by giving written notice, at least thirty (30) days, before the time the resignation is to take effect, to the settloxs, if living, to any other trustee then acting, to any persons authorized to designate a successor trustee, to all trust beneficiaries known to the trustee (or, in the case of a minor beneficiary,.to the parent or guardian of that beneficiary) and to the successor trustee. A 19 QJ r<'j, resignation shall be effective cxn written acceptance of the trust by the successor trustee. 7.8. General Powers of Trustee. To carry out the purposes of the trusts created under this instrument, the trustee shall have all of the powers enumerated i~ this trust instrument and all powers now or hereafter conferred on trustees under California law, subject to any limitations s=ated elsewhere in this trust instrument. 7.9. Power to Retain Trust Prooertv. The trustee shall have the power to retain property received into the trust at its inception or later added to the trust, as long as the trustee considers that retention in the best interests of the trust or in furtherance of the goals of the settlors in creating the trust, as determined from this trust instrument, but subject to the standards set forth in California Probate Cade Section 16040. 7.10. Trustee's Power to Invest Prooertv. Subject to the standards set forth in California Probate Code Section 16040, the trustee shall have the power to invest in and acquire every kind of property, real, personal, or mixed, and every kind of investment, including but not limited to obligations of the United States government. 7.11. Power Over Unproductive Pronertv. The trustee shall have the power to retain or acquire unproductive or underproductive property; provided, however, that as to any assets of the Survivor's Trust, the surviving settlor shall have the right, by delivery of a..written instrument to the trustee, to require the 20 to make unproductive property productive, within a reasonable time following receipt of the request. 7.12. Power to Self-Deal. The trustee, acting as an individual or as a trustee of another trust not created by this trust instrument, shall have the power to perform the following acts with respect to the property of any trust under this trust instrument: purchase property from or sell property to the trust at fair market value; exchange property for trust property of equal value; lease property from or tc the trust at fair rental value; boxx'ow funds from or lend ox advance funds to the trust, wit4 intexest at then-prevailing rates, and give or xeceive security for the loans in any commexcially reasonable form; and xeceive from any business in which the trust has an intexest a reasonable salaxy and xeimbursement, of expenses while performing duties as a~ trustee. 7.13. Retention of Familv Residence. The txustee shall xetain, in any txust, ox trusts created by this trust instrument, any interest in real px'opexty ased by the settloxs as theix principal xesidence at the time of the deceased settlox's death ("the family xesidence"), and shal'eal with the family xesidence in accordance with the following terms and conditions: (a) During his or her lifetime, the surviving settlor shall have the right to occupy the family residence (or any substitute residence or residential property purchased as provided in this section of the trust instrument) free of any rent. (b) The trustee shall pay as much of the mortgage or trust deed payments, property taxes, assessments, insurance, maintenance, and ordinary repairs on the family residence (or any substitute residence or residential property purchased as provided in this section of the trust instrument) as corresponds to the 21 interest or interests are held, as set forth in Article Six of this trust instrument. 7.14. Power to Combine Trust Assets. Each trust created under this instrument shall constitute a separate trust and be administered accordingly; however, the assets of all of the trusts may be combined for bookkeeping purposes and held for the trust beneficiaries without physical division into separate trusts until time of distribution. 7.15. Earlv Termination of Trusts. The trustee shall have the power, in the trustee's discretion, to terminate any trust created under this trust instrument whenever the fair market value of the trust falls below fifty thousand dollars ($ 50,000), or becomes so small in relation to he -. costs of administration as to make continuing administration uneconomical. On termination, the trustee shall distribute the principal and any accrued or undistributed net income to the iacome beneficiaries in proportion to their shares of the income. If no fixed amount of income is payable to specific beneficiaries, the trustee shall distribute the principal and any accrued or undistributed net income in equal shares to those beneficiaries who would then be entitled to inc:-:;..";.'-;- payments from the trust. 7.16. Division or Distribution in Cash or Kind. In order to satisfy a pecuniary gift or to distribute or divide trust assets into shares or partial shares, the trustee may distribute or divide those assets in kind, or divide undivided interests in those assets, or sell all. or any part of those assets and distribute or divide the property in cash, in kind, or partly in cash and partly 23 /'1'n kind. Property distributec. to satisfy a pecuniary gift under this instrument shall be valued at its fair market, value at the time of distribution. This sec ion shall apply only to the extent that it does not conflict wit? the provisions in this instrument specifying allocation of assets involving the marital deduction gift. 7 '7 Pavements to Lecrallv Incavacitated Persons. If at any time any trust beneficiary is a minor, or it appears to the trustee that any trust beneficiary is incapacitated, incompetent, or for any other reason not able to receive payments or make intelligent or responsible use of the payments, then the trustee, in lieu of making direct payments to the trust beneficiary, may make payments to the beneficiary's conservator or guardian; to the beneficiary's custodian under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of any state; to one or more suitable persons as the trustee deems proper, such as a relative of or a person residing with the beneficiary, to be used for the beneficiary's benefit; to any other person, firm, or agency for services rendered