Preview
DE-221
nrIORNE'I OR PARTY
YATHOUT ATTORNEY INae. ernie,
Slsle Sa a dsdl as
f FOR CTRJI, T USL ONLY
JOSIE M. PORRAS CORPORON (State Bar ¹ 218529)
CORPORON LAW OFFICE
116 Henshaw Avenue, Suite B
Chico, CA 95973
TELEPHONE NO (530) 892-2421 FAxNO (530) 892-2321
(opto'tall
ADDRESS fopfto ali
E-ITIAIL 2/3/2021
ATTORNEYFORiNamel MARCIA McANDRESS HOOD
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE
sTREETADDPEss 1775 COnCOrd AVenue
MAILINGADDREss 1775 Concord Avenue
Chico 95928
CITYAND ZIP CODE
Probate
ORANT:H NAL'IE
ESTATE OF (Name) CASE NUMBER
JOHN RODERICK HOOD, also known as JOHN R. HOOD and ROD HOOD 21PR00045
DECEDENT HEARING DATE
February 23, 2021
Hx SPOUSAL H DOMESTIC PARTNER PROPERTY PETITION DEPT
Probate
T I bi E
9:00 a.m.
1 Petitioner (name). MARCIA McANDRESS HOOD requests
a ~x determination of property passing to the surviwng spouse or surviving registered domestic partner without administration
(Fam Code, 5 297 5, Prob Code 5 13500)
b ~x confirmation of property belonging to the surwwng spouse or surviving registered domestic partner (Fam Code, 5 297 5,
2
c ~ Prob
Petitioner is
Code, 85 100, 101)
immediate appointment of a probate referee
a.
b ~
~x
M
surviving spouse of the decedent
personal representative of (name). ,surviwng spouse
c
d ~
~
guardian or conservator of the estate of (name).
surviving registered domestic partner of the decedent
,surviwng spouse
3
e
f ~ personal representative of (name)
conservator
Decedent died on (dale).
ofthe estate
April
of(name).
15, 2020
surviwng registered domestic partner
surviving registered domestic partner
Decedent was
a
b
c.
~
~x
~x
a resident of the California county named above
~
a nonresident of Cakfornia and left an estate in the county named above
intestate testate and a copy of the will and any codiol is affixed as Attachment 4c.
a lypewnlten copy of any handwntien docilrneni,
(Attach copies of will and any corficii, and an
Eng)ish trans(arian of any foreign-language document )
5 a
(1)
(2)
~
(Complete in ail cases)
CK
no child. ~x
The decedent ts surwved by
child as follows
no issue of a predeceased child ~
~x natural or adopted ~ natural, adopted by a third party
issue of a predeceased child
b Decedent C] is Cx3 is not survived by a stepchild or foster child or children who would have been adopted by
decedent but for a legal barner. (See Prob.Code, ¹ 6454)
6.
a.
b.
~
(Complete only if no issue survrved the decedent
~
Check only the first box that applies)
The decedent is surwved by a parent or parents who are hated tn item 9.
The decedent is survwed by a brother, sister, or issue of a deceased brother or sister, all of whom are ksted 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
surwwng spouse or survtwng registered domestic partner The facts upon which petitioner bases the allegation that the property
descnbed in Attachments 7a and 7b fs property that should pass or be confirmed to the sunriving spouse or surviving registered
domestic partner are stated in Attachment 7
a ~x Attachment 7a contains the legal descnption (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 ihe 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 ln any unincorporated business that the deceased spouse or partner was
operating or managing at the time of death, subiect to any wntten agreement between the deceased spouse or partner
and the survwing spouse or partner prowding for a non pro rata division of the aggregate value of the community property
assets or quasi-community assets, or both.
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Page I of 2
Fot Adopted for MandatoN Us.
JudctalCou clofcalfo
aOE2 I SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION d.
P obale C 5 13 50
IPe Ja afy I, 2011]
(Probate — Decedents Estates)
LexlsaexlsCN
JIufaetafed Califonafa
.Aidlciai Cot
meirFarms
ESTATE OF (Nome) CASE NUMBER
JOHN RODERICK HOOD, also known as JOHN R. HOOD and ROD HOOD
DECEDENT
7 b. ~X 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, subiect 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
6 There ~ exists ~X does not exist a wntten agreement between the deceased spouse or deceased registered
domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the
aggregate value of the community property assets or quasi-community assets, or both. (If petitioner bases the description af the
property of the deceased spouse ar partner passing to the surviving spouse or partner ar the property la be confirmed ta the
sufwving spouse or partner, ar both, on a wnlten agreement, a copy af the agreement must be attached lo this pelilian as
Allacbment a)
g The names, relationships,ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner
of (1) all persons named in decedent's will and codicils, whether Irving or deceased, and (2) all persons checked in items 5 and 6
Cx] are listed below W are listed in Attachment 9
Name and relationshio A~e Residence or mailina address
MARCIA McANDRESS, Surviving spouse 73 10 Nancy Lane, Chico, CA 95926
JOEL HOOD, Adult child 43 4204 N. Damen Avenue, Unit 2, Chicago, IL 60618
RIA HOOD, Adult child 41 187 Terrace Drive, Chico, CA 95926
ZACHARY RYAN HOOD, Child 8 10 Nancy Lane, Chico, CA 95926
10 The names and
representatives of the decedent's estate ~ are listed below ~
addresses of all persons named as executors in the decedent's will and any codicil or appointed as personal
are hated in Attachment 10 ~X none
11 ~ The petitioner Is the trustee of a trust that is a devisee under decedent's will. The names and addresses of ail persons
13655(a)(2) are hated in Attachment 11
interested in the trust who are entitled to notice under Probate Code section
12 A petition for probate or for administration of the decedent's estate
a. M is being filed with this petition
b M was filed on (dale)
c C22 has not been fited and is not being filed with this petition
13 Number of pages attached 2
Date 71
/g+
JOSIE M. PORRAS CORPORON
(TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY)
Ideclare under penalty of perjury under the laws of the State of California
t t e foregoing is true and correct.
D t.
MARCIA McANDRESS HOOD k I I(xiCI/~ t l~,-Idnky:~--Hn D
(TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER)
OE 221 (ReJaoa&f I, 201 J) Page 2 of
2
SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION
(Probate — Decedents Estates)
rexfsNexis &If&forgo)ed Calfforma dad&a&at
Coaaeil Forms
Attachments
Attachment 7
The property described in Attachment 7a was community property held by the decedent.
Although at the time of decedent's demise title was held in his name alone, Petitioner and decedent
lived in the residence the entirety of their 30 year relationship. Decedent happened to own the
residence prior to their marriage and title was never changed. While the couple consulted counsel
regarding estate planning in which decedent stated his intention and belief that it should be
characterized as community property, he failed to complete any planning to change the vesting on
title to include Petitioner. Decedent conveyed this intention to other professionals the couple worked
with, including their financial planner. During the course of their relationship, the property was
refinanced several times. Each time Petitioner contributed significantly to making the mortgage
payments and both used their community property wages to make the payments. Further, Petitioner
paid off the final balance of the mortgage with her own savings, more than $ 40,000.00,
approximately a year before decedent's death. As such, the surviving spouse, Petitioner herein, is
entitled to have the property pass and confirmed to her. Decedent's eldest child, JOEL HOOD,
consents to the Petition as evidenced by his Consent filed with the Petition. To date, RIA IIOOD has
not returned the Consent.
Attachments 7a & 7b
APN: 045-441-055-000
THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF BUTTE, CITY OF CHICO, AND IS DESCRIBED AS FOLLOWS:
LOT 10, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HEATHER GARDENS
SUBDIVISION", WHICH MAP WAS RECORDED IN TIJE OFFICE OF THE
RECORDER OF THE COUNTY OF BUTTE, STATF. OF CALIFORNIA, RECORDED
FEBRUARY 8, 1978 IN BOOK 58 OF MAPS AT PAGES 84 AND 85.
EXCEPTING THEREFROM THE UNDERGROUND WATER, WITHOUT THE RIGHT
OF SURFACE ENTRY, AS DISCLOSED IN DEEDS OF RECORD.
MORE COMMONLY KNOWN AS 10 NANCY LANE, CHICO, CALIFORNIA.
SPOUSAL PROPERTY PETITION
ATTACHMENTS - 7, 7a and 7b
JOSIE M. PORRAS CORPORON, State Bar No. 218529
J. SCOTT CORPORON, State Bar No. 207941
CORPORON LAW OFFICE
116 Henshaw Avenue, Suite B
Chico, California 95973
4 Phone: (530) 892-2421
Fax: (530)892-2321
5
Attorneys for MARCIA McANDRESS HOOD, Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
10
In re: ) CASE NUMBER:
)
THE ESTATE OF JOHN R. HOOD ) CONSENT TO SPOUSAL PROPERTY
(SPOUSAL PROPERTY PETITION OF ) PETITION
MARCIA McANDRESS HOOD) )
)
14 [Probate Code II13650, Family Code ('1297.5)
)
)
15 Date:
)
) Time: 9:00 a.m.
16 Dept: Probate
)
)
17
18 I, JOEL HOOD, am the adult child of JOHN RODERICK HOOD. I understand that I am also
an intestate heir of JOHN RODERICK HOOD, deceased. Ihereby consent to the Spousal Property
Petition requested in the Petition filed herein, to confirm and pass the real property, commonly
known as 10 Nancy Lane, Chico, California, to Petitioner.
22
Dated: ~"" ~, 202)IX
24
25
26
27
CONSENT To SPOUSAL PROPERTY PETiTioN
Preview
DE-221 nrIORNE'I OR PARTY YATHOUT ATTORNEY INae. ernie, Slsle Sa a dsdl as f FOR CTRJI, T USL ONLY JOSIE M. PORRAS CORPORON (State Bar ¹ 218529) CORPORON LAW OFFICE 116 Henshaw Avenue, Suite B Chico, CA 95973 TELEPHONE NO (530) 892-2421 FAxNO (530) 892-2321 (opto'tall ADDRESS fopfto ali E-ITIAIL 2/3/2021 ATTORNEYFORiNamel MARCIA McANDRESS HOOD SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE sTREETADDPEss 1775 COnCOrd AVenue MAILINGADDREss 1775 Concord Avenue Chico 95928 CITYAND ZIP CODE Probate ORANT:H NAL'IE ESTATE OF (Name) CASE NUMBER JOHN RODERICK HOOD, also known as JOHN R. HOOD and ROD HOOD 21PR00045 DECEDENT HEARING DATE February 23, 2021 Hx SPOUSAL H DOMESTIC PARTNER PROPERTY PETITION DEPT Probate T I bi E 9:00 a.m. 1 Petitioner (name). MARCIA McANDRESS HOOD requests a ~x determination of property passing to the surviwng spouse or surviving registered domestic partner without administration (Fam Code, 5 297 5, Prob Code 5 13500) b ~x confirmation of property belonging to the surwwng spouse or surviving registered domestic partner (Fam Code, 5 297 5, 2 c ~ Prob Petitioner is Code, 85 100, 101) immediate appointment of a probate referee a. b ~ ~x M surviving spouse of the decedent personal representative of (name). ,surviwng spouse c d ~ ~ guardian or conservator of the estate of (name). surviving registered domestic partner of the decedent ,surviwng spouse 3 e f ~ personal representative of (name) conservator Decedent died on (dale). ofthe estate April of(name). 15, 2020 surviwng registered domestic partner surviving registered domestic partner Decedent was a b c. ~ ~x ~x a resident of the California county named above ~ a nonresident of Cakfornia and left an estate in the county named above intestate testate and a copy of the will and any codiol is affixed as Attachment 4c. a lypewnlten copy of any handwntien docilrneni, (Attach copies of will and any corficii, and an Eng)ish trans(arian of any foreign-language document ) 5 a (1) (2) ~ (Complete in ail cases) CK no child. ~x The decedent ts surwved by child as follows no issue of a predeceased child ~ ~x natural or adopted ~ natural, adopted by a third party issue of a predeceased child b Decedent C] is Cx3 is not survived by a stepchild or foster child or children who would have been adopted by decedent but for a legal barner. (See Prob.Code, ¹ 6454) 6. a. b. ~ (Complete only if no issue survrved the decedent ~ Check only the first box that applies) The decedent is surwved by a parent or parents who are hated tn item 9. The decedent is survwed by a brother, sister, or issue of a deceased brother or sister, all of whom are ksted 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 surwwng spouse or survtwng registered domestic partner The facts upon which petitioner bases the allegation that the property descnbed in Attachments 7a and 7b fs property that should pass or be confirmed to the sunriving spouse or surviving registered domestic partner are stated in Attachment 7 a ~x Attachment 7a contains the legal descnption (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 ihe 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 ln any unincorporated business that the deceased spouse or partner was operating or managing at the time of death, subiect to any wntten agreement between the deceased spouse or partner and the survwing spouse or partner prowding for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. se p b c de,g1355sfoff q fedilgcf I If . tdto ouab,snesandolner nlounanon nceftat sla ces a q t entre o:ncl da nntlac Page I of 2 Fot Adopted for MandatoN Us. JudctalCou clofcalfo aOE2 I SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION d. P obale C 5 13 50 IPe Ja afy I, 2011] (Probate — Decedents Estates) LexlsaexlsCN JIufaetafed Califonafa .Aidlciai Cot meirFarms ESTATE OF (Nome) CASE NUMBER JOHN RODERICK HOOD, also known as JOHN R. HOOD and ROD HOOD DECEDENT 7 b. ~X 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, subiect 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 6 There ~ exists ~X does not exist a wntten agreement between the deceased spouse or deceased registered domestic partner and the surviving spouse or surviving registered domestic partner providing for a non pro rata division of the aggregate value of the community property assets or quasi-community assets, or both. (If petitioner bases the description af the property of the deceased spouse ar partner passing to the surviving spouse or partner ar the property la be confirmed ta the sufwving spouse or partner, ar both, on a wnlten agreement, a copy af the agreement must be attached lo this pelilian as Allacbment a) g The names, relationships,ages, and residence or mailing addresses so far as known to or reasonably ascertainable by petitioner of (1) all persons named in decedent's will and codicils, whether Irving or deceased, and (2) all persons checked in items 5 and 6 Cx] are listed below W are listed in Attachment 9 Name and relationshio A~e Residence or mailina address MARCIA McANDRESS, Surviving spouse 73 10 Nancy Lane, Chico, CA 95926 JOEL HOOD, Adult child 43 4204 N. Damen Avenue, Unit 2, Chicago, IL 60618 RIA HOOD, Adult child 41 187 Terrace Drive, Chico, CA 95926 ZACHARY RYAN HOOD, Child 8 10 Nancy Lane, Chico, CA 95926 10 The names and representatives of the decedent's estate ~ are listed below ~ addresses of all persons named as executors in the decedent's will and any codicil or appointed as personal are hated in Attachment 10 ~X none 11 ~ The petitioner Is the trustee of a trust that is a devisee under decedent's will. The names and addresses of ail persons 13655(a)(2) are hated in Attachment 11 interested in the trust who are entitled to notice under Probate Code section 12 A petition for probate or for administration of the decedent's estate a. M is being filed with this petition b M was filed on (dale) c C22 has not been fited and is not being filed with this petition 13 Number of pages attached 2 Date 71 /g+ JOSIE M. PORRAS CORPORON (TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY) Ideclare under penalty of perjury under the laws of the State of California t t e foregoing is true and correct. D t. MARCIA McANDRESS HOOD k I I(xiCI/~ t l~,-Idnky:~--Hn D (TYPE OR PRINT NAME) (SIGNATURE OF PETITIONER) OE 221 (ReJaoa&f I, 201 J) Page 2 of 2 SPOUSAL OR DOMESTIC PARTNER PROPERTY PETITION (Probate — Decedents Estates) rexfsNexis &If&forgo)ed Calfforma dad&a&at Coaaeil Forms Attachments Attachment 7 The property described in Attachment 7a was community property held by the decedent. Although at the time of decedent's demise title was held in his name alone, Petitioner and decedent lived in the residence the entirety of their 30 year relationship. Decedent happened to own the residence prior to their marriage and title was never changed. While the couple consulted counsel regarding estate planning in which decedent stated his intention and belief that it should be characterized as community property, he failed to complete any planning to change the vesting on title to include Petitioner. Decedent conveyed this intention to other professionals the couple worked with, including their financial planner. During the course of their relationship, the property was refinanced several times. Each time Petitioner contributed significantly to making the mortgage payments and both used their community property wages to make the payments. Further, Petitioner paid off the final balance of the mortgage with her own savings, more than $ 40,000.00, approximately a year before decedent's death. As such, the surviving spouse, Petitioner herein, is entitled to have the property pass and confirmed to her. Decedent's eldest child, JOEL HOOD, consents to the Petition as evidenced by his Consent filed with the Petition. To date, RIA IIOOD has not returned the Consent. Attachments 7a & 7b APN: 045-441-055-000 THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF BUTTE, CITY OF CHICO, AND IS DESCRIBED AS FOLLOWS: LOT 10, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "HEATHER GARDENS SUBDIVISION", WHICH MAP WAS RECORDED IN TIJE OFFICE OF THE RECORDER OF THE COUNTY OF BUTTE, STATF. OF CALIFORNIA, RECORDED FEBRUARY 8, 1978 IN BOOK 58 OF MAPS AT PAGES 84 AND 85. EXCEPTING THEREFROM THE UNDERGROUND WATER, WITHOUT THE RIGHT OF SURFACE ENTRY, AS DISCLOSED IN DEEDS OF RECORD. MORE COMMONLY KNOWN AS 10 NANCY LANE, CHICO, CALIFORNIA. SPOUSAL PROPERTY PETITION ATTACHMENTS - 7, 7a and 7b JOSIE M. PORRAS CORPORON, State Bar No. 218529 J. SCOTT CORPORON, State Bar No. 207941 CORPORON LAW OFFICE 116 Henshaw Avenue, Suite B Chico, California 95973 4 Phone: (530) 892-2421 Fax: (530)892-2321 5 Attorneys for MARCIA McANDRESS HOOD, Petitioner SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE 10 In re: ) CASE NUMBER: ) THE ESTATE OF JOHN R. HOOD ) CONSENT TO SPOUSAL PROPERTY (SPOUSAL PROPERTY PETITION OF ) PETITION MARCIA McANDRESS HOOD) ) ) 14 [Probate Code II13650, Family Code ('1297.5) ) ) 15 Date: ) ) Time: 9:00 a.m. 16 Dept: Probate ) ) 17 18 I, JOEL HOOD, am the adult child of JOHN RODERICK HOOD. I understand that I am also an intestate heir of JOHN RODERICK HOOD, deceased. Ihereby consent to the Spousal Property Petition requested in the Petition filed herein, to confirm and pass the real property, commonly known as 10 Nancy Lane, Chico, California, to Petitioner. 22 Dated: ~"" ~, 202)IX 24 25 26 27 CONSENT To SPOUSAL PROPERTY PETiTioN