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NAME:
'I y
ATTORNEY 0R PARTY WITHOUT ATTORNEY:
Lorraine A. Smith, Esq.
’55
V
STATE BAR N0: 0431 01
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FOR COURT uss ONLY
DE'111
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FIRM NAME:LaW Offices Of Lorraine
A. Smith I
STREETADDRESS: 533 Airport Blvd., Suite 400 V
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CITY: Burlingame
TELEPHONE N0; 650.692.8122
STATE: CA ZIP CODE: 9401 0
F A
3
EMAIL ADDRESS:
FAX NO.:
8‘” M£1559 COL -NTV’
ATTORNEYF0R(name):, BENNET GUSSONI
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
sTREETADDREss:4OO County Center
MAILING ADDRESS:
CITYANDZIP CODE: Redwood City, CA 94063
BRANCH NAME:
ESTATE OF (name):MARGARET (ROSE BLACKADDER) GUSSONI
_, _
D‘ECEDENT
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_
PETITION FOR 1:"
Probate bf Lost» Willand for, Letters Testamentary
"Probate of
l#___,_ with Will Annexed
ELost Will and for Letters of AdminiStration
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CASE
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_
R 0 0 033 g V T
l Letters of Administration ’
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Letters of SpecialAdministration with general pbwers ‘
HEARING DATE AND TIME;
X. Authorization to Administer Under the
Administration of Estates Act»
Independent
I: .
W'th llm'ted authorIty MAY 1 1 2018 ,
..
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1. Publication will be in (specify name of newspaper): San
Mateo Times
V
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a. E: Publication requested.
II]
,
b- Publication to be arranged.
2. Petitioner (name each):
BENNET GUSSONI
requests that
a. decedent's will and codicils, if any, be admitted to probate.
b.
(1)
(2)
-'
(name):
I:
‘
executor
BENNET
administrator with will annexed
GUSSONI be appointed
1:] administrator
(3)
(4)
and
1:] special administrator
Letters issue upon qualification.
'
I: with general powers
c. full 1:]limited authority be granted to administer under the Independent Administration
of Estates Act.
d. (1 )
(2) I: bond not be require"I ft: the reasons stated in item 3e.
$
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Fag}! bond be fixed. The bond will be furnished by an admitted surety
provided by law. (Specify reasons in Attachment 2 if the amount is
insurer or as othen/I/ise
different from the maximum required by Prob.
(3) :| Code, § 8482.)
$
'
in. deposits in a blocked account be allowed.
(Specify institution and location):
Receipts will be filed.
3. a.
(1 )
(2)
-I:
Decedent died on (date): 06/24/2017
a resident of the county named above.
at (place):
Burlingame, San Mateo County, California
a nonresident qfiCalifornia and left an estate in the county named
publication in the newspaperézamed in item 1):
above located at (specify location permitting
-
.4?"
.
{1‘
18—PHO—00332
b. El Decedent was a citizen of a country other than the United States
(specify country):
PETIP
Petition for Probate of
1076772
c. Street address, city, and county of decedent's residence at time of
death (specify):
FormAdopted tor Mandatory Use
Jog:'5' $55717; $33312”?
1505 Drake Avenue, Burlingame, San Mateo County, California
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PETITION FOR PROBATE
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Probate Code,
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§§3502510450i
(Probate—Decedents Estates) CEB WWW' um ago
www.ceb.com
DE-111
ESTATE OF (name): CASE NUMBER:
MARGARET (ROSE BLACKADDER) GUSSONI DECEDENT
3. d. Character and estimated value of the property of the estate (complete in all cases):
(1) Personal property: $
,
465,887.29
(2) Annual gross income from .
(a) real property: $
(b) personal property:
'$
3,016.00
(3) Subtotal (add (1) and (2)): $ 468,903.29
(4) Gross fair market value of real property: $
(5) (Less) Encumbrances: ($ )
(6) Net value of real property: $ 0.00
Total (add (3) and (6)):
(7) $ 468,903.29
_
e. (1) IX) Will waives bond.
(2) I: |:|
Special administrator is the named executor, and the will waives bond.
All beneficiaries are adults and have waived bond, and the will does not require a bond. (Affix waiver as Attachment
3e(2).)
(3) |:] All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).)
I:] Sole personal representative is a corporate fiduciary or an exempt government agency.
f.
(4)
(1)
(2)
I:
1]
Decedent died intestate.
Copy of decedent's will dated: 06/04/1996 |::]
codicil dated (specify foreach):
are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign-
_
language documents.)
III The will and all codicils are self—proving (Prob. Code, § 8220).
(3) I: The original of the will and/or codicil identified above has been lost. (Afflx a copy of the lost will or codicil or a written
statement of the testamentary words or their substance in Attachment 3f(3), and state reasons in that attachment
why the presumption in Prob. Code, § 6124 does not apply.)
9. Appointment of personal representative (check all applicable boxes):
(1) Appointment of executor or administrator with will annexed:
(a)
(b)
ll]
Proposed executor is named as executor in the will and consents to act.
[:3
No executor is named in the will.
(0) [3
Proposed personal representative is a nominee of a person entitled to Letters.
(d) l: I:|(Afflx nomination as Attachment 39(1) (0).)
Other named executors will not act because of
other reasons (specify):
:1 death |:| declination
E
(2) Appointment of administrator:
Continued in Attachment 39(1)(d).
|:|
(a)
(b)
(c)
I:
D
Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 39(2)(a).)
Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment
Petitioner is related to the decedent as (specify):
3g(2)(b).)
(3) |:|
Appointment of special administrator requested. (Specify grounds and requested powers in Attachment
39(3).)
(4) [:3
Proposed personal representative would be a successor personal representative.
h. Proposed personal representative is a
(1) IE
resident of California.
(2) :1
nonresident of California (specify permanent address):
(3) [X] resident of the United States.
(4) [:1 nonresident of the United States.
DE-111 (Rev. July 1, 2017]
PETITION FOR PROBATE CEBQ Page 2 of4
(Probate—Decedents Estates) www.cebmm
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DE-111
CASE NUMBER:
ESTATE OF (name):
MARGARET (ROSE BLACKADDER) GUSSONI DECEDENT
. 4. 1X]Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.
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5. 3a. Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))
(1)
(2)
[ll
|:]
spouse. ,'
no spouse as follows:
(a) (:1 divorced or never married.
(b)|:| spouse deceased.
(3)
(4)
|:|
I: registered domestic partner.
no registered domestic partner. (See Fam. Code, § 297.5(0); Prob. Code, §§ 37(b), 6401 (c), and 6402.)
[:1
(5)
i
(a)
(b)
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child as follows:
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natural or-adopted.
natural adopted by a third party.
(6) 1] no child.
(7) |:] issue of a predeceased child.
(8) El no issue of a predeceased child.
b. Decedent was|:| [1‘] was 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 if decedent was survived by ( 1) a spouse or registered domestic partner but no issue (only a or b apply), or (2) no
spouse, registered domestic partner, or issue. (Check the first box that applies):
.
.
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|—_X:|
Decedent was, survived by a parent or parents who are listed in item 8.
Decedent was survived by issue of deceased parents, all of whom are listed in item 8.
.
|:] Decedent was survived by a grandparent or grandparents who are listed in item 8.
.
|:l Decedent was survived by issue of grandparents, all of whom are listed in item 8.
|:|
LOWCDQOO'N
. Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
El Decedent was survived by next of kin, all ofwhom are listed in item 8.
.
|:| Decedent was survived by
whom are listed in item 8.
parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
h. :1
Decedent was survived by no known next of kin.
7. (Complete only if no spousa or issue survived decedent.)
:1
a.
b. :ll:| Decedent had no predeceased spouse.
Decedent had a predeceased spouse who
died not more than 15 years before decedent and who owned an interest in real property that passed to decedent,
(1)
(2) :I died not more than five years before decedent and who owned personal property valued at $10,000 or more that
passed to decedent, (If you checked ( 1) or (2), check only the first box that applies):
(a) |:|
Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
Cl
(b)
(c) l:
|:]
Decedent was survived by a parent or parents of the predeceased spouse who are listed in item 8.
Decedent was survived by issue of a parent of the predeceased spouse, all of whom are listed in item 8.
(3)
(d)
(e)
[:1
l: Decedent was survived by next of kin of the decedent, all of whom are listed in item 8.
Decedent was survived by next of kin of the predeceased spouse, all of whom are listed in item 8.
neither (1) nor (2) apply.
8. Listed on the next page are the names, relationships to decedent, ages, and addresses, so far as known to or reasonably
ascertainable by petitioner, of (1) all persons mentioned in decedent‘s will or any codicil, whether living or deceased; (2) all persons
named or checked in items 2, 5, 6, and 7; and (3) all beneficiaries of a trust named in decedent's will or any codicil in which the
trustee and personal representative are the same person.
DE—111 [Rev. July 1, 2017] of4
PETITION FOR PROBATE CEB® Page 3
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(Probate—Decedents Estates) www.ceb.com
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DE-111
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CASENUMBERI
ESTATE OF (name):
MARGARET (ROSE BLACKADDER) GUSSONI DECEDENT
._8. .
Name and relationship to decedent .
Age Address
Bennet Gussoni Adult 1505 Drake Avenue, Burlingame, CA 94010
Susan Mullen f Deceased -- ---- '
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Theresa Bratton 7 Spouse's Stepdaughter Adult 145 Lake Street, Ndcona, TX 76255
Edwin Blackadder - Brother Adult 28 Ranelagh Rd, Burradoo NSW 2576, Australia
Robert Blackadder Brother —
Adult 2 Bridge Rd, Glebe NSW 2037, Australia
St. ‘Vincent dePaul Society -—
50 North B. Street, San Mateo, CA 94401
American Heart Association -— 1710 Gilbreth Road #100, Burlingame, CA 94010
American Cancer Society -— 1650 S. Amphl'et Blvd #110 San Mateo, CA 94402
Simone Quinn, Sr. Lawyer, KQ Lawyers Adult P. O. Box 1428, Bowral NSW 2576, Australia
[XI Continued on Attachment 8.
9. Number of pages attached: 3
Date: 0.5 {2? “8
LORRAINE A. SMITH, ESQ.
(TYPE OR PRINT NAME OF ATTORNEY)
p: B , §A meta
(SIGNATURE OF ATTORNEY)
T
' (Signatures of all petitioners are also required. All petitIoners must sign, but the petition maybe verified by any one of them (Prob. Code, §§ 1020, 1021; Cal. Rules of Court, rule 7.103).)
l declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. .
Date: 03 l lREENNET g ,
GUSSONI
(TYPE OR PRINT NAME OF PETITIONER)
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@(44f /ZWWML
/‘
/W.
(SIGNATURE OF PETITIONER)
/
(TYPE OR PRINT NAME OF PETITIONER)
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«
/
(SIGNATURE OF PETITIONER)
Signatures of additional petitioners follow last attachment.
DE-111 [Rev. July 1, 2017]
PETITION FOR PROBATE Page 4 of4
CEB®
(Probate—Decedents Estates wwwcebmm
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Attachment 8
Petition for Probate
LBWNl—J
Margaret (Rose Blackadder) Gussoni
Declaration In Support Of
Petition for Probate
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filed in
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Estate of MARGARET (ROSE BLACKADDER) GUSSONI
1o
I, BENNET GUSSONI, hereby declare the following:
11
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One. My Wife, MARGARET GUSSONI, aka MARGARET ROSE
12
BLACKADDER—GUSSONI, passed away on 06/24/2017.
13
14 Two. Her Last Will & Testament executed on 06/04/1996 provided:
15
2.Bequests to Primary Beneficiaries. If my husband, BENNE T
1
16 GUSSONI, survives me, / leave my estate as follows:
17
i. / leave all of my assets located in Australia to my brothers,
18
EDWIN BLA CKADDER and ROBERT BLA CKADDER, in
19 equal shares or to the survivor thereof.
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20
ii. I leave the rest and residue of my estate to my husband,
21
BENNE T GUSSONI.
22
23 Three. Assets located in Australia consisted of two (2) cash bank accounts
being held in Westpac Banking Corporation in Sydney, Australia totaling
24
$468,903.97 USD, plus ongoing interest. Varous documents were sent to
25 EDWIN BLACKADDER and to ROBERT BLACKADDER that were thought
26' to. be sufficient to transfer the cash assets to those beneficiaries.
27
28
Law Offices of Lorraine A. Smith / Bennet Gussoni Petition for Probate Page 1 of 3
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Four. Assets located in California included cash and a residence. Cash. '
assets were being held in a local bank under Joint Tenancy registration and
those assets were distributed to the surviving joint tenant, BENNET
GUSSONI. The residence is located in Burlingame, California, and a
11>.m
Spousal Property Petition was filed on 08/25/2017 [17 Pro 00893] to confirm
that the decedent’s one-half Community Property interest in this property
evolved to her spouse, BENNET GUSSONl: This Petition was granted by
\lmUW
the San Mateo County Superior Court on 09/25/2017, was filed with the
Court on 10/04/2017 and has been submitted to the San Mateo County
Recorder for recordation.
Five. We were subsequently informed by Simone Quinn, Senior Lawyer for
1o the Australian law firm of K0 Lawyers, that she is now representing the
Australian beneficiaries and she will need a certified copy of the US Grant
11
to forward to their New South Wales Supreme Court as part of their
12 application to distribute the cash assets. This necessitates that we file a
13 formal Probate Proceeding to generate the forms needed in Australia.
14
Six. Although the assets in question are located in Australia, it is believed
15 that the San Mateo County Superior Court has jurisdiction in this matter.
16 The jurisdictional facts in this case (Prob. Code §8005) are as follows:
17
6.1 The decedent passed away on 06/24/2017 in the City of
18 Burlingame, California at the age of 78. (§8005(a)(1), (b)
19 (A))
2o
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6.2 She resided in the City of Burlingame at the time of her
21 death and was therefore domiciled in the State of
22 California, County of San Mateo. (§8005(a)(2); (b)(B).
23
6.3 The decedent’s property not yet distributed consists of two
24 (2) cash bank accounts valued at $468,903.97 plus
25 ongoing interest. (§8005(a)(3).
26
6.3 She left a Last Will & Testament dated 06/04/1996 which
27 has been filed with this Court. in the Will, the decedent
28 nominated her husband, BENNET GUSSONI, as Executor
Law Offices of Lorraine A. Smith / Bennet Gussoni Petition for Probate Page 2 of 3
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of her estate. If confirmed by this Court,'h'e will be a “local
personal representative” (§12504) since he also resides
in the City of Burlingame.
OXU'ILBOONH
6.4 Notice of this Petition will be served to all relevant persons
(Prob. Code §8110) and will be published in the San
Mateo Times which is a newspaper of general circulation
in this area §8120). (§8005(b)(1)(C), (b)(3).
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)
Declarant declares under penalty of perjury under the laws of trhe State of
California that the foregoing is true and correct to the best of his knowledge.
10 and belief, and he requests the Court to accept jurisdiction to hear this
Petition and to issue Orders thereon. Such Orders need not recite the
11
existence of facts upon which jurisdiction depends. (§1047)
12
13
14
15
16
Date: Djlzgjjx Signed; W /'
#fi/JW
BENNET GUSSONI, Declarant
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19
20
21
In Support:
Date: 0 5 [23 j jg Signed: 6M LORRAINE A. SMITH, Esq.
Attorney for Bennet Gussoni
22
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25
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Law Offices of Lorraine A. Smith / Bennet Gussoni Petition for Probate Page 3 of 3
16/10/2017 5' i .
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Your Reference: SLQ:KE:17115
Our Reference: 2333307
CERTIFICATE OF PRODUCTS HELD
In regards to the Late Margaret Rose Blackadderl can confirm that we hold the productslisted below.
"mi-£5 ‘5“ z :5; N: mamiumz tn; zx‘gd‘ in 5: mm; t. tn
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TEA'NSAC 9515‘s}; wucrsmgsouun“ 5;: :
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3:5: :5 a 3:5 ; : I, 5
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Account Number Account Name(s) Balance as at: Accrued lnterest Current Balance
‘
24/06/2017 to 24/06/2017
032002 398530 Margaret Rose $38,363.82 Cr $0.00 $38,363.82 Cr
Blackadder 3
*
i 55 3% 3% 152:; 5=55
.
3
55 32;:35 55 35:5 ‘IF‘ 3:5 55
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.3 555 15555 .
Account Account Principal interest Accrued Term Maturity Date
N umber Name(s) Rate -
Interest to
24/06/2017
032002 398522 Ms Margaret $427,523.4 2.550% $3,016.68 12 Mths 0 16 I 03 I 2018
Rose 7 _
Days
Blackadder
,
No other assets, documents, safe custody or security ’packets Were held by the Late Margaret Rose Blackadder.
Yours Sincerely,
551:6 lax
"Bra_tll'e7"C61e"‘
Team Manager.
Estates Management
LAST WILL AND TESTAMENT
0F
MARGARET GUSSONI .
I, MARGARET GUSSONI (aka Margaret Blackadder and Margaret Blackadder
Gussoni), a resident of San Mateo County, California, declare that this is my Last Will
and Testament.
ARTICLE ONE.
INTRODUCTION
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1.1 Revocation of Prior Wills. Upon execution of this document, I totally and
intentionally revoke all prior Wills and Codicils.
1.2 Marital and Family Status. I am married to BENNET GUSSONI and all
references in this document to "my husban " are to him. I have no children now
living and no children who predeceased me leaving issue.
1.3 Property To Pass Under This Will. I confirm to my husband his one—half
interest in our community property. It is my intention in this Will to dispose of all the
separate property I may own and my one-half mterest in our community property. I
understand that property placed in trust o