HomeMy WebLinkAbout04-04-08
[ERRY R. OL'FFIE
RICH Aim W Sn:WAHT
C. Roy \\FII)\ER. IR
EDVIPiU G. MYERS
DWII' \\' DELl CF
)011\ A. ST\TLFR
fEHEllSO\ j SIIIPVIA\
jIHI\EY B. RETTIG
KEVIN E OSBOI(\E
RALP11 H. WRIGHT. JR.
\IARK C DLFFIE
[011\ R. \JINOSKY
\\IICIHII.I. CASSIDY
LAW OFFICES
JOHNSON
DUFFIE
MELISSA PEEL Grm:vy
ROBEHT M. WiLKEH
WADE O. ivLi\LEY
ELIZABETII D. Si\OVEH
KELLY L. B01\\\\o
OF COUNSEL
HOHACE A. JOHNSO\
F. LEE SHIPMAN
II Yf1'i-211I1hl
April 4, 2008
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Glenda Farner Strasbaugh
Office of the Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
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RE: Ancillary Letters - Estate of Patricia A. Collins
Dear Glenda:
We are submitting with this letter a Petition for Grant of Ancillary Letters for the Estate of
Patricia A. Collins, who died September 27, 2007, in California, which was her state of residence.
The Executor, Alan R. Collins, is also a resident of the State of California. We are requesting that
you commission the Clerk of the Superior Court of California, who is the counterpart to the Register
of Wills in Pennsylvania, to administer the oath of the personal representative to Mr. Collins.
Enclosed are the following documents:
1. The Petition for Grant of Ancillary Letters;
2. The Estate Information Sheet;
3. The necessary contact information for Walter B. Stone, Esquire, who is the attorney
for Alan R. Collins and the contact information for the Clerk of the Superior Court of
California;
4. The cover letter from Mr. Stone which accompanied the exemplified probate record.
5. The exemplified probate record from the Superior Court of the State of California in
and for the County of Santa Clara; and
6. A check for the necessary fees.
301 MARKET STREET PO. BOX 109 LEMOYNE. PENNSYLVANIA 17043-0109
WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@jDSW.COM
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
Glenda Farner Strasbaugh
April 4, 2008
Page~ 2
Please advise if there any other items that are required. We appreciate your assistance in
this matter.
Very truly yours,
JOHNSON, UFFIE, ~ART & WEIDNER
/~.
Ralph H. Wright, Jr.
gjm:3:28982
Enclosures
~\ o~ D3~b
In the Superior Court of the State of California
IN AND FOR THE COUNTY OF SANTA CLARA
STATE OF CALIFORNIA,
COUNTY OF SANTA CLARA
}.E~~'. ?nh\~~i\-. ~Y\S .
t\\<.~ POcl:-r-\~ ~ ~~
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Jomie Jacobs-May
, one of the Judges of the Superior
Court of said County and State, do hereby certify that
Jt'!~: 7':J'r;.~!!
ClHlEr G:3ZCi.,"'n',;: 8CT1::!'t'C!...f:M whose name is subscribed to the foregoing Certificate of
Attestation, now is, and was at the time of signing and sealing the same, Clerk of said above named
Court and keeper of the Records and Seals thereof, duly elected and qualified; that full faith and credit
are and of right ought to be given to all of his official acts as such in all Courts of Records and elsewhere;
that said signature is genuine, and that his attestation is in due form of the law and by the proper
officer.
day of
Judge of the Superior Court of California, in
The County of Santa Clara
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, Clerk>of the S~rior [C9U9:
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STATE OF CALIFORNIA, }
COUNTY OF SANTA CLA~TOM!
, eMIEF EXECUTIVE Ofi-1CErt!Ct..EM
I,
in land for said County and Stat~ do hereby certify that
Jemie Jacobs-May , whose genuine signature appeared to
the foregoing certificate, was, at the time of signing the same, one of the judges of the Superior Court of
the State of California, in and for the County of Santa Clara, duly commissioned and qualified; that full
faith and credit are and of right ought to be given to all his official acts, such as, in all Courts of Record
and elsewhere.
In Testimony Whereof, I have hereunto set my hand, and affixed the seal ~aid
Court, at my office, this Q2
c.-.h -A-.D.20 08'
i -
day of
6875 REV 2/00
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
W AL TER B. STONE (CSB #060069)
Attorney at Law
4340 Scotts Valley Dr., Suite 0
Scotts Valley, CA 95066
ATTORNEY FOR (Name) ALAN R. COLLINS Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS 191 N. First Street
117
/i /
DE-140
OR COURT USE ONL Y
MAILING ADDRESS
CITY AND ZIP CODE San Jose, CA 95113
BRANCH NAME:
ESTATE OF (Name):
PATRICIA A. COLLINS, aka PATRICIA ANN COLLINS
DECEDENT
<)>
UC~ .~
ORDER FOR PROBATE
[Z] Executor
D Administrator with Will Annexed
D Administrator D Special Administrator
[Z] Order Authorizing Independent Administration of Estate
[Z] with full authority D with limited authority
CASE NUMBER
<.9
1-07-PR-162491
ORDER
APPOINTING
WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED.
1. Date of hearing: ] -30-2008
THE COURT FINDS
2. a. All notices required by law have been given.
b. Decedent died on (date): 9-27-2007
(1) [Z] a resident of the California county named above.
(2) D a nonresident of California and left an estate in the county named above.
c Decedent died
(1) D intestate
(2) [ZJ testate
and decedent's will dated: 8-1-2006 and each codicil dated: none
was admitted to probate by Minute Order on (date): ] -30-2008
THE COURT ORDERS
3. (Name): ALAN R. COLLINS
is ~inted personal representative:
a. l.LJ executor of the decedent's will
b. D administrator with will annexed
c, D administrator
Time: 9:00 a.m.
DepURoom: 15
Judge: Mary Ann Grilli
d.D
special administrator
(1) D with general powers
(2) D with special powers as specified in Attachment 3d(2)
(3) D without notice of hearing
(4) D letters will expire on (date):
and letters shall issue on qualification,
4. a. 0 Full authority is granted to administer the estate under the Independent Administration of Estates Act.
b. D Limited authority is granted to administer the estate under the Independent Administration of Estates Act (there is no
authority, without court supervision, to (1) sell or exchange real property or (2) grant an option to purchase real property or
(3) borrow money with the loan secured by an encumbrance upon real property).
5. a. [Z] Bond is not required.
b. D Bond is fixed at: $ to be furnished by an authorized surety company or as otherwise
provided by law,
c. D Deposits of: $ are ordered to be placed in a blocked account at (specify institution and
location):
and receipts shall be filed. No withdrawals shall be made without a court order. D Additional orders in Attachment 5c.
d, D The personal representative is not authorized to take possession of money or any other property without a specific court order.
6. C:::J (Name): is appointed probate referee,
7, Number of pages attached: 0
Form Approved by the
Judicial Council of California
DE-140 [Rev. January 1,1998]
JUDGE OF THE SUPERIOR COURT
D IGN TURE FOllOWS LAST ATTACHME~ARY ANN I
ORDER FOR PROBATE Probate Code, ~~ 8006, 8400
American legalNet, Inc.
www.USCourtFormscom
Date: fJAN 3 0 2008
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):
WALTER B. STONE (CSB #060069)
Attorney at Law
4340 Scotts Valley Dr., Suite 0
Scotts Valley, CA 95066
DE-150
TELEPHONE AND FAX NOS..
831.438.1911
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS 191 N. First Street
MAILING ADDRESS'
CITY AND ZIP CODE San Jose, CA 95113
BRANCH NAME:
ESTATE OF (Name):
PATRICIA A. COLLINS, aka PATRICIA ANN COLLINS
DECEDENT
ticS/. ~
[LJ TESTAMENTARY LETTERS D OF ADMINISTRATION CASE NUMBER1_07_PR_162491 ~~
CJ OF ADMINISTRATION WITH WILL ANNEXED D SPECIAL ADMINISTRATION Q'
LETTERS AFFIRMATION
1. G~ The last will of the decedent named above having 1. D PUBLIC ADMINISTRATOR: No affirmation required
been proved, the court appoints (name): (Prob. Code, S 7621 (c)).
ALAN R. COLLINS
a. [Z] executor.
b, D administrator with will annexed.
2. C:::J The court appoints (name):
D administrator of the decedent's estate,
a.
b. D special administrator of decedent's estate
(1) D with the special powers speCified
in the Order for Probate.
(2) D with the powers of a general
administrator.
(3) D letters will expire on (date):
3. [l] The personal representative is authorized to administer
the estate under the Independent Administration of
Estates Act [Z] with full authority
D with limited authority (no authority, without
court supervision, to (1) sell or exchange real property
or (2) grant an option to purchase real property or (3)
borrow money with the loan secured by an
encumbrance upon real property).
4, C:::J The personal representative is not authorized to take
possession of money or any other property without a
speCific court order,
WITNESS, clerk of the court, with seal of the court affixed.
(SEAL)
Date:
Form Approved by the
Judic~al Council of California
DE-150 [Rev. January 1, 1998J
2 [l] INDIVIDUAL: I solemnly affirm that I will perform the
duties of personal representative according to law.
3. D INSTITUTIONAL FIDUCIARY (name):
I solemnly affirm that the institution will perform the
duties of personal representative according to law.
I make this affirmation for myself as an individual and
on behalf of the institution as an officer.
(Name and title):
4. Executed on (date): December 28,2007
at (place): San Jose
, California.
~x ~"L~ ~
CERTIFICATION
I certify that this document is a correct copy of the original on
file in my office and the letters issued the personal representa-
tive appointed above have not been revoked, annulled, or set
aside, and are still in full force and effect.
(SEAL)
Ie k
LETTERS
(Probate)
Probate Code, ~~ 1001, 8403,
8405. 8544, 8545;
Code of Civil Procedure, ~ 2015.6
I American LegalNet, Inc. II..........wusCourtFormscoml
Probate of Will and for Letters Testamentary
Probate of Will and for Letters of Administration with
Will Annexed
Letters of Administration
Letters of Special Administration D with general powers
Authorization to Administer Under the Independent
Administration of Estates Act D with limited authority
1. Publication will be in (specify name of newspaper): GILROY DISPATCH
a. D Publication requested.
b. W Publication to be arranged.
2. Petitioner (name each): ALAN R. COLLINS requests that
a. [Z] decedent's will and codicils, if any, be admitted to probate.
b. [Z] (name): ALAN R. COLLINS
be appointed
(1) m executor
(2) D administrator with will annexed
(3) D administrator
(4) D special administrator D with general powers
and Letters issue upon qualification.
c. [Z] full D limited authority be granted to administer under the Independent Administration of Estates Act
d (1) W bond not be required for the reasons stated in item 4d.
(2) D $ bond be fixed. The bond will be furnished by an admitted surety insurer or as
otherwise provided by law. (Specify reasons in Attachment 2 if the amount is different from the maximum
required by Prob. Code, !i 8482.)
(3) D $ in deposits in a blocked account be allowed. Receipts will be filed.
(Specify institution and location):
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)'
WALTER B. STONE (CSB #060069)
Attorney at Law
4340 Scotts Valley Dr., Suite D
Scotts Valley, CA 95066
TELEPHONE NOu 831.438.1911 FAX NO (Optional):
COPIES SE
ORDER IN
WILL IN
REFERRALS IN
LETTERS IN
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name) ALAN R. COLLINS, Petitioner
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS 191 N. First Street
MAILING ADDRESS:
CITY AND ZIP CODE San Jose, CA 95113
BRANCH NAME:
ESTATE OF (Name) PATRICIA A. COLLINS, aka
PATRICIA ANN COLLINS, aka PATRICIA COLLINS
DECEDENT
PETITION FOR W
D
D
D
W
'L \ b,€; l)3,Cf\
DE-111
FOR COURT USE ONLY
~
CASE NUMBER:
1-07-PR-162491
HEARING DATE:
1-30-2008
DEPT.
TIME:
15
9:00 a.m.
Estimated value of the estate for filing fee purposes (Complete in all cases. The estimated value of the estate is the fair
market value of the real and personal property of the estate at the date of the decedent's death, without reduction for
encumbrances. See Gov. Code, !i 26827.).'
(1) D Less than $250,000
(2) D At least $250,000 and less than $500,000
(3) D At least $500,000 and less than $750,000
(4) [Z] At least $750,000 and less than $1 million
(5) D At least $1 million and less than $1.5 million
b. CJ
3. a.
(6) CJ
(7) CJ
(8) CJ
(9) CJ
At least $1.5 million and less than $2 million
At least $2 million and less than $2.5 million
At least $2.5 million and less than $3.5 million
$
* (For estates of $3.5 million or more, specify total
estimated value of estate.)
This petition is not the first petition for appointment of a personal representative with general powers filed in this
proceeding. The first petition was filed on (date):
Page 1 of4
Form Adopted for Mandatory Use
Judicial Council of California
DE-111 [Rev. January 1, 2005]
PETITION FOR PROBATE
(Probate-Decedents Estates)
Probate Code, ~~ 8002, 10450;
Government Code. ~ 26827
American LegalNet, Inc.
www.USCourtFonnscom
~ST ATE OF(N,m,} P A TRI CIA A. COLLINS, aka OA" '""'''
PATRICIA ANN COLLINS, aka PATRICIA COLLINS 1-07-PR-162491
DECEDENT
4 a. Decedent died on (date): 9-27-2007 at (place): 7751 Rea Street, Gilroy, CA
(1) [Z] a resident of the county named above.
(2) 0 a nonresident of California and left an estate in the county named above located at (specify location
permitting publication in the newspaper named in item 1):
b. Street address, city, and county of decedent's residence at time of death (specify):
7751 Rea Street, Gilroy, Santa Clara County, CA
c. Character and estimated value of the property of the estate (complete in all cases):
(1) Personal property:
(2) Annual gross income from
(a) real property:
(b) personal property:
(3) Subtotal (add (1) and (2)):
(4) Gross fair market value of real property:
(5) (Less) Encumbrances:
(6) Net value of real property:
(7) Total (add (3) and (6)):
$ 325,000
$ 0
$ 15,000
$ 340,000
$ 500,000
$( 411,000
$ 89,000
$ 429,000
d. (1) [l]
(2)0
(3)0
(4)0
e. (1) 0
(2) [Z]
Will waives bond. D 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 4d(2).)
All heirs at law are adults and have waived bond. (Affix waiver as Attachment 4d(3).)
Sole personal representative is a corporate fiduciary or an exempt government agency.
Decedent died intestate.
Copy of decedent's will dated: 8-1-2006
o codicil dated (specify for each):
are affixed as Attachment 4e(2).
(Include typed copies of handwritten documents and English translations of foreign-language documents.)
[Z] The will and all codicils are self-proving (Prob. Code, ~ 8220).
f. Appointment of personal representative (check all applicable boxes):
(1) Appointment of executor or administrator with will annexed:
(a) W Proposed executor is named as executor in the will and consents to act.
(b) D No executor is named in the will.
(c) 0 Proposed personal representative is a nominee of a person entitled to Letters.
(Affix nomination as Attachment 4f(1)(c).)
(d) 0 Other named executors will not act because of D death 0 declination
o other reasons (specify):
D Continued in Attachment 4f(1)(d).
(2) Appointment of administrator:
(a) 0 Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 4f(2)(a).)
(b) 0 Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 4f(2)(b).)
(c) 0 Petitioner is related to the decedent as (specify):
(3) D Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 4f(3).)
DE-111 [Rev. January 1, 2005]
PETITION FOR PROBATE
(Probate-Decedents Estates)
Page 2 of 4
~ST ATE OF (N"",'i' PATRICIA A. COLLIN S, aka """''''R
PATRICIA ANN COLLINS, aka PATRICIA COLLINS 1-07-PR-162491
DECEDENT
4. g. Proposed personal representative is a
[l] resident of California.
D nonresident of California (specify permanent address):
[l] resident of the United States.
D nonresident of the United States.
5. [Z] Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.
6. a. Decedent is survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))
(1) D spouse.
(2) W no spouse as follows:
(a) [l] divorced or never married.
(b) D spouse deceased.
(3) D registered domestic partner.
(4) m no registered domestic partner.
(See Fam. Code, 9 297.5(c); Prob. Code, 99 37(b), 6401(c), and 6402.)
(5) m child as follows:
(a) W natural or adopted.
(b) 0 natural adopted by a third party.
(6) D no child.
(7) D issue of a predeceased child.
(8) m no issue of a predeceased child.
b. Decedent 0 is CZJ 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, 9 6454.)
7. (Complete if decedent is 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):
a. [=:] Decedent is survived by a parent or parents who are listed in item 9.
b. [=:] Decedent is survived by issue of deceased parents, all of whom are listed in item 9.
c. [=:] Decedent is survived by a grandparent or grandparents who are listed in item 9.
d. [=:=J Decedent is survived by issue of grandparents, all of whom are listed in item 9.
e. [=:=J Decedent is survived by issue of a predeceased spouse, all of whom are listed in item 9.
f. [=::J Decedent is survived by next of kin, all of whom are listed in item 9.
g. [=::J Decedent is survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
whom are listed in item 9.
h. [=::J Decedent is survived by no known next of kin.
8. (Complete only if no spouse or issue survived decedent.)
a. [=:J Decedent had no predeceased spouse.
b. [=:J Decedent had a predeceased spouse who
(1) 0 died not more than 15 years before decedent and who owned an interest in real property that passed
to decedent,
(2) 0 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) D Decedent is survived by issue of a predeceased spouse, all of whom are listed in item 9.
(b) D Decedent is survived by a parent or parents of the predeceased spouse who are listed in item 9.
(c) 0 Decedent is survived by issue af a parent afthe predeceased spouse, all afwhom are listed in item 9.
(d) D Decedent is survived by next af kin of the decedent, all of whom are listed in item 9
(e) 0 Decedent is survived by next of kin of the predeceased spouse, all afwhom are listed in item 9.
(3) D neither (1) nor (2) apply.
DE-111 [Rev. January 1, 2005J
Page 3 of 4
PETITION FOR PROBATE
(Probate-Decedents Estates)
~ST ATE OF (Name), PATRICIA A. COLLIN S, aka """ '""'''
PATRICIA ANN COLLINS, aka PATRICIA COLLINS 1-07-PR-162491
DECEDENT
9. Listed below 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 2,6, 7, and 8; 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.
Name and relationship to decedent Aqe Address
]. LINDA CHRISTINE WILLIAMS Adult 1855 Butterfield, #1024
Daughter Morgan Hill, CA 95037
2. MEGAN GREEN Adult 1855 Butterfield, # I 024
Grandchild (child of # I) Morgan Hill, CA 95037
3. CORTNIE ANN WILLIAMS 7 1855 Butterfield, # 1024
Grandchild (child of#l) Morgan Hill, CA 95037
4. HUNTER WILLIAMS 5 1855 Butterfield, # 1024
Grandchild (child of#l) Morgan HilI, CA 95037
5. ALAN R. COLLINS Adult 2035 Jefferson Drive
Nominated Executor & Trustee Gilroy, CA 95020
6. LYNN LOWELL Adult 7412 140th St. Ct. East
Nominated alternate Executor & Ttee Puyallup, W A 98373
C:::J Continued on Attachment 9
10. Number of pages attached: ~
Date/:J. ~ ~ f.- 07
WALTER B. STONE
.
~ J..L, /J(( ~
(TYPE OR PRINT NAME OF ATTORNEY)
(SIGNATURE OF ATTORNEY)'
. (Signatures of all petitioners are also required. All petitioners must SIgn, but the petition may be venfied by anyone of them (Prob Code, ~~ 1020, 1021: Cal. Rules of Court, rule 7.103).)
I declare under penalty of pe~ury under the laws of the State of California that the foregoing is true and correct
Date '< 1;;~;1 f-c; ?
ALAN R. COLLINS
.><
~"Gd,~
(TYPE OR PRINT NAME OF PETITIONER)
.
(1YPE OR PRINT NAME OF PETITIONER)
[~ Signatures of additional petitioners follow last attachment
(SIGNATURE OF PETITIONER)
DE-tIt [Rev. January 1, 2005J
PETITION FOR PROBATE
(Probate-Decedents Estates)
Page 4 of 4
(
LAST WILL AND TESTAMENT
OF
PATRICIA COLLINS
I, PATRICIA COLLINS, a resident of Gilroy, Santa Clara County, California, declare that
this is my Will.
FIRST: I revoke all Wills and Codicils that I have previously made.
SECOND: I declare that I am single. I have one living child; namely, LINDA
CHRISTINE WILLIAMS, of Morgan Hill, California. I have no deceased or adopted children.
THIRD: I make the following disposition of my estate:
(a) I hereby give all of my estate to ALAN R. COLLINS, of Gilroy, California, in trust, to
hold, administer and distribute as follows:
(1) The Trustee shall pay to or apply for the benefit of my child, LINDA CHRISTINE
WILLIAMS, and my grandchildren, MEGAN GREEN, CORTNIE ANN WILLIAMS, and
HUNTER WILLIAMS, so much of the net income and so much of the principal from the Trust
Estate, up to the whole thereof, as the Trustee in his absolute discretion may from time to time
deem necessary or advisable for the health, education support and maintenance of LINDA
CHRISTINE WILLIAMS, MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER
WILLIAMS. The balance of said net income, if any shall be accumulated by the Trustee and from
time to time added to the principal of the Trust Estate.
(2) If at any time, in the absolute discretion of the Trustee, the Trustee shall determine that
LINDA CHRISTINE WILLIAMS is sufficiently capable of managing her financial affairs, the
Trustee shall distribute to her, free of trust, one-half (112) of the Trust Estate. In such event, the
Trustee shall divide the other one-half (1/2) of the Trust Estate into separate equal shares for
MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER WILLIAMS to be held and
administered as provided herein. When each such grandchild reaches the age of thirty-five (35)
years, the Trustee shall distribute and deliver to each such grandchild the then balance of the
principal of his or her share of the trust estate.
.
.
ATTACHMENT 4e(2)
(6f) )
(3) In the event that the Trustee shall determine that LINDA CHRISTINE WILLIAMS is
not sufficiently capable of managing her financial affairs when the oldest of said grandchildren
n~aches the age of thirty-five (35) years, the Trustee shall divide one-half (112) of the Trust Estate
into separate equal shares for MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER
WILLIAMS to be held and administered as provided herein. When each such grandchild reaches
the age" of thirty- five (35) years, the Trustee shall distribute and deliver to each such grandchild the
then balance of the principal of his or her share of the trust estate. The Trustee shall continue to
hold the other one-half (1/2) in trust for LINDA CHRISTINE WILLIAMS until either the Trustee
determines that she is sufficiently capable of managing her financial affairs, or until her death. In
the event of her death, her one-half (112) of the Trust Estate shall be divided into equal shares for
the said grandchildren and added to their respective shares to be held and administered as provided
herein.
(4) If any such grandchild should die prior to attaining the age of thirty-five (35) years, then
upon the death of such grandchild the Trustee shall add the balance of such deceased grandchild's
share of the trust estate to the shares of the other such grandchildren to be held and administered as
provided herein.
(5) If ALAN R. COLLINS shall for any reason fail to qualify or cease to act as Trustee
bc:::cause of physical or mental incapacity or other reason, LYNN LOWELL, of Puyallup,
Washington, is hereby appointed as successor Trustee and shall have all the powers, rights,
discretions, obligations and immunities conferred on such Trustee. Physical or mental incapacity
shall be conclusively established if two doctors, authorized to practice medicine in the State of
California, issue written certificates to that effect.
(6) Provided, further, however, if I have left any written instructions outside of this Will
regarding the disposition of any items of my automobiles, silver, chinaware, books, pictures,
household furniture and furnishings, jewelry, clothing and other personal effects, then I direct the
Executor to distribute such items in accordance with my instructions.
FOURTH: Except as otherwise provided in this Will, I have intentionally omitted to
provide herein for any of my heirs living at the date of my death.
2
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FIFTH: If any beneficiary under this Will in any manner directly or indirectly,
contests or attacks this Will or any of its provisions, any share or interest in my estate given to that
contesting beneficiary under this Will is revoked and shall be disposed of in the same manner
provided herein as if that contesting beneficiary had predeceased me without issue.
SIXTH: I hereby nominate ALAN R. COLLINS as Executor of this Will to serve
without bond. If he shall for any reason be unwilling or unable to serve as Executor, then I hereby
nominate LYNN LOWELL to serve without bond. I authorize my Executor to sell, with or without
notice, at either public or private sale, and to lease any property belonging to my estate, subject
only to such confirmation of court as may be required by law.
I further authorize my Executors either to continue the operation of any business belonging
to my estate for such time and in such manner as my Executor may deem advisable and for the best
interests of my estate, or to sell or liquidate the business at such time and on such terms as my
Executor may deem advisable and for the best interests of my estate, except as otherwise provided
herein. Any such operation, sale or liquidation by my Executor in good faith shall be at the risk of
my estate and without liability on the part of my Executor for any resulting losses.
SEVENTH: I have not entered into any contract to make a Will or a devise, not to revoke
a Will or a devise, or to die intestate.
EIGHTH: If any portion of this Will shall be adjudged invalid, then I direct that the
balance of the Will shall be carried into effect, it being my intention to enact and create each
section as valid independently of each other section.
..1-Y /i
. I. subscribe my name to this Will on the . day of (ja~)-' 2006, at Gilroy,
C~furma U
LfJWlum ~
A TRlCIA COLLINS
The foregoing instrument, consisting of four (4) pages, including the page signed by us as
witnesses, was at the date hereof, by PATRICIA COLLINS, signed as and declared to be her Will,
in the presence of us who, at her request and in her presence and in the presence of each other, have
3
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subscribed our names as witnesses thereto. Each of us observed the signing of this Will by
PATRICIA COLLINS, and by each other subscribing witness and knows that each signature is the
tITle signature of the person whose name was signed.
Each of us is now more than 18 years of age and a competent witness and resides at the
address set forth after his name.
Weare acquainted with PATRICIA COLLINS. At this time she is over the age of 18 years,
and to the best of our knowledge she is of sound mind and is not acting under duress, menace,
fraud, misrepresentation or undue influence.
We declare under penalty of perjury that the foregoing is true and correct.
z::fro the ihr day of 2ur ,2006, at Gilroy, California.
~ ~ RESIDING AT 840 W. 8'" St.
Gilroy, CA 95020
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LAST WILL AND TESTAMENT
PATRICIA COLLINS
I, PATRICIA COLLINS, a resident of Gilroy, Santa Clara County, California, declare that
this is my WilL
FIRST: I revoke all Wills and Codicils that I have previously made.
SECOND: I declare that I am single. I have one living child; namely, LINDA
CHRISTINE WILLIAMS, of Morgan Hill, California. I have no deceased or adopted children.
THIRD: I make the following disposition of my estate:
(a) I hereby give all of my estate to ALAN R. COLLINS, of Gilroy, California, in trust, to
hold, administer and distribute as follows:
(1) The Trustee shall pay to or apply for the benefit of my child, LINDA CHRISTINE
WILLIAMS, and my grandchildren, MEGAN GREEN, CORTNIE ANN WILLIAMS, and
HlJNTER WILLIAMS, so much of the net income and so much of the principal from the Trust
Estate, up to the whole thereof, as the Trustee in his absolute discretion may from time to time
deem necessary or advisable for the health, education support and maintenance of LINDA
CHRISTINE WILLIAMS, MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER
WILLIAMS. The balance of said net income, if any shall be accumulated by the Trustee and from
time to time added to the principal of the Trust Estate.
(2) If at any time, in the absolute discretion of the Trustee, the Trustee shall determine that
LTNDA CHRISTINE WILLIAMS is sufficiently capable of managing her financial affairs, the
Tmstee shall distribute to her, free of trust, one-half (1/2) of the Trust Estate. In such event, the
Trustee shall divide the other one-half (1/2) of the Tmst Estate into separate equal shares for
MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER WILLIAMS to be held and
administered as provided herein. When each such grandchild reaches the age of thirty-five (35)
years, the Trustee shall distribute and deliver to each such grandchild the then balance of the
principal of his or her share of the trust estate.
\@
(3) In the event that the Trustee shall determine that LINDA CHRISTINE WILLIAMS is
not sufficiently capable of managing her financial affairs when the oldest of said grandchildren
reaches the age of thirty-five (35) years, the Trustee shall divide one-half (112) of the Trust Estate
into separate equal shares for MEGAN GREEN, CORTNIE ANN WILLIAMS, and HUNTER
WILLIAMS to be held and administered as provided herein. When each such grandchild reaches
the age of thirty-five (35) years, the Trustee shall distribute and deliver to each such grandchild the
then balance of the principal of his or her share of the trust estate. The Trustee shall continue to
hold the other one-half (112) in trust for LINDA CHRISTINE WILLIAMS until either the Trustee
determines that she is sufficiently capable of managing her financial affairs, or until her death. In
the event of her death, her one-half (1/2) of the Trust Estate shall be divided into equal shares for
the said grandchildren and added to their respective shares to be held and administered as provided
herein.
(4) If any such grandchild should die prior to attaining the age of thirty-five (35) years, then
upon the death of such grandchild the Trustee shall add the balance of such deceased grandchild's
share of the trust estate to the shares of the other such grandchildren to be held and administered as
provided herein.
(5) If ALAN R. COLLINS shall for any reason fail to qualify or cease to act as Trustee
because of physical or mental incapacity or other reason, LYNN LOWELL, of Puyallup,
Washington, is hereby appointed as successor Trustee and shall have all the powers, rights,
discretions, obligations and immunities conferred on such Trustee. Physical or mental incapacity
shall be conclusively established if two doctors, authorized to practice medicine in the State of
California, issue written certificates to that effect.
(6) Provided, further, however, if I have left any written instructions outside of this Will
regarding the disposition of any items of my automobiles, silver, chinaware, books, pictures,
household furniture and furnishings, jewelry, clothing and other personal effects, then I direct the
Executor to distribute such items in accordance with my instructions.
FOURTH: Except as otherwise provided in this Will, I have intentionally omitted to
provide herein for any of my heirs living at the date of my death.
2
@
FIFTH: If any beneficiary under this Will in any manner directly or indirectly,
contests or attacks this Will or any of its provisions, any share or interest in my estate given to that
contesting beneficiary under this Will is revoked and shall be disposed of in the same manner
provided herein as if that contesting beneficiary had predeceased me without issue.
SIXTH: I hereby nominate ALAN R. COLLINS as Executor of this Will to serve
without bond. If he shall for any reason be unwilling or unable to serve as Executor, then I hereby
nominate LYNN LOWELL to serve without bond. I authorize my Executor to sell, with or without
notice, at either public or private sale, and to lease any property belonging to my estate, subject
only to such confirmation of court as may be required by law.
I further authorize my Executors either to continue the operation of any business belonging
to my estate for such time and in such manner as my Executor may deem advisable and for the best
interests of my estate, or to sell or liquidate the business at such time and on such terms as my
Executor may deem advisable and for the best interests of my estate, except as otherwise provided
herein. Any such operation, sale or liquidation by my Executor in good faith shall be at the risk of
my estate and without liability on the part of my Executor for any resulting losses.
SEVENTH: I have not entered into any contract to make a Will or a devise, not to revoke
a 'Vill or a devise, or to die intestate.
EIGHTH: If any portion of this Will shall be adjudged invalid, then I direct that the
balance of the Will shall be carried into effect, it being my intention to enact and create each
section as valid independently of each other section.
I subscribe my name to this Will on the
California.
.~. /)
/ day of 0:01-' 2006, at Gilroy,
~~
A TRICIA COLLINS
The foregoing instrument, consisting of four (4) pages, including the page signed by us as
witnesses, was at the date hereof, by PATRICIA COLLINS, signed as and declared to be her Will,
in the presence of us who, at her request and in her presence and in the presence of each other, have
3
~
subscribed our names as witnesses thereto. Each of us observed the signing of this Will by
PATRICIA COLLINS, and by each other subscribing witness and knows that each signature is the
true signature of the person whose name was signed.
Each of us is now more than 18 years of age and a competent witness and resides at the
address set forth after his name.
We are acquainted with PATRICIA COLLINS. At this time she is over the age of 18 years,
and to the best of our knowledge she is of sound mind and is not acting under duress, menace,
fraud, misrepresentation or undue influence.
~1J~
Gilroy, CA 95020
RESIDING AT
-3 '-/31 k~
ll(7fJkf, t!A-15l>3f
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WALTERB. STONE
A TTORNEY A T LAW
4340 SCOTTS VALLEY DRIVE, SUITE D
SCOTTS VALLEY, CALIFORNIA 95066
(831) 438-1911
FAX: (831) 438-1919
via Fed Ex
March 31,2008
Jerry R. Duffie
Johnson Duffie
301 Market Street
Lemoyne, PA 17043
Re: Estate of Patricia A. Collins
Dear Mr. Duffie:
Enclosed are exemplified and certified copies of the following California probate
documents in the Estate of Patricia A. Collins:
1. Order for Probate
2. Letters Testamentary
3. Petition for Probate
4. Will of Patricia Collins, dated 8-1-06
Any contact with the California court should be directed to:
Santa Clara County Superior Court
Attn: Probate Clerk
191 N. First Street
San Jose, CA 95113
(408) 882-2654
Very truly yours,
t dJ, ~ h~,----
WALTER B. STONE
Attorney at Law
WBS:dj
Encls.
San Jose Office: (408) 288-5901
950 S. Bascom Ave., Suite 1016
San Jose, CA 95128
INFORMATION - ESTATE OF PATRICIA A. COLLINS
Attorney for Alan R. Collins: Walter B. Stone
4340 Scotts Valley Drive, Suite D
Scotts Valley, CA 95066
Telephone: (831) 438-1911
FAX: (831) 438-1919
San Jose Offfice
950 S. Bascom Avenue, Suite 1016
San Jose CA 95128
Telephone: (408) 288-5901
PROBATE CLERK'S OFFICE - CALIFORNIA
Main Telephone Number: (408) 882-2654
KIRI TORPE
CLERK OF SUPERIOR COURT OF CA
COUNTY OF SANTA CLARA
191 N. FIRST STREET
SAN JOSE CA 95113
ESTATE OF PATRICIA A. COLLINS -ALAN R. COLLINS EXECUTOR
LETTERS TESTAMENTARY -1-07-PR-162491