Heggstad Petition

DARYL DALEY, SBN: xxxxxx
4806 MILLER AVENUE

1 ANGELES, CA 90020
LOS
TEL: (323) xxx-xxxx
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FAX:
(323) xxx-xxxx
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Attorney
for Petitioner Mary
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
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In the Matter of the
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ANNIE REVOCABLE LIVING TRUST

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March 15, 2000.
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Dated
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CASE NO. BP100207
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PETITION TO CONFIRM THAT REAL

PROPERTY WAS TRUST PROPERTY AT
SETTLORS DEATH
DATE:
TIME:
DEPT:
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Petitioner Mary Poindexter, in support of her Petition to Confirm that
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Real
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1.
Annie, as sole settlor and trustee, established the Annie Revocable
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PETITION TO CONFIRM THAT REAL PROPERTY WAS TRUST
PROPERTY AT SETTLORS DEATH
ESTATE OF ANNIE
Living Trust (the Trust) by instrument dated March 15, 2000. A true and
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correct copy of the Declaration of Trust is attached hereto as Exhibit A.
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2. Annie died on March 11, 2000 in Los Angeles, California, not having
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revoked the Trust. Annies daughters, Petitioner Mary and Bara, filed
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separate Petitions for Letters of Administration but will withdraw their
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Petitions due to the discovery of the Trust.
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PETITION TO CONFIRM THAT REAL PROPERTY WAS TRUST
PROPERTY AT SETTLORS DEATH
ESTATE OF ANNIE
3. Under the terms of Part 6, Paragraph D, of the Trust, Bara, the

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daughter of Annie, became sole successor trustee of the Trust upon the death
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of Annie on March 11, 2000.
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4. When Annie established the Trust, and at all times thereafter,

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Annie was a resident of Los Angeles County, California, and she administered
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the Trust in Los Angeles County, California. Bara, the successor trustee, is
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also a resident of Los Angeles County, California. Accordingly, the
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principal place of administration of the Trust is Los Angeles County,
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California.
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5. As is explained below, Petitioner Mary is a beneficiary of the real

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property that is subject to this Petition and, therefore, has standing to
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bring this proceeding.
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The Los Angeles Property
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6. This petition seeks judicial confirmation, under the procedure

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outlined in Estate of Heggstad, 16 Cal. App. 4th 943 (1993), that the
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following real property, commonly known as 109 76th Place, Los Angeles,
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California 90006 (the Los Angeles Property), was property of the Trust as
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of the death of Annie, on March 11, 2000:
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Lot 921 of Tract No. 6697, Sheet No. 1, in the City of Los
Angeles, as per map recorded in Book 69, Page 29 et seq. of Maps,
in the Office of the County Recorder of said County.
820-091
APN# 9023-
7. The Schedule of Trust property and Assignment of Property, attached

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to the Trust, expressly identifies the Los Angeles Property as Trust
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property. Under Part 10 of the Trust, the entire Trust estate is to be
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distributed, in equal shares, to Petitioner Mara, Anthony and Bara upon the
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death of Annie, the settlor.
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8. An order confirming that the Los Angeles Property was an asset of

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the Annie Revocable Living Trust is needed because a deed was never recorded
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formally transferring title to the Trust.
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Property History
9. Annie, and her husband, Charles, purchased the Los Angeles Property
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on October 19, 1968. Attached hereto as Exhibit B is a true and correct
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copy of the deed by which Annie and Charles acquired the Los Angeles
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Property, which was recorded as Document No. 2853 in the Office of the Los
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Angeles County Recorder on February 9, 1970.
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10. Annie and Charles took title to the Los Angeles Property as
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Husband and Wife, as Joint Tenants.
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11. Charles subsequently died without either Charles or Annie having

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severed the joint tenancy title to the Los Angeles Property. Accordingly,
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upon the death of Charles, Annie, as the surviving joint tenant, became the
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sole owner of the Los Angeles Property. Petitioner Mara will record, on
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behalf of her mother, an Affidavit Death of Joint Tenant with respect to
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the Los Angeles Property, which will have the effect of formally vesting
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title to the property in Annie.
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The Los Angeles Property Was an Asset of the Annie Revocable Living
Trust at Annies Death
12. This petition is made necessary by the fact that no deed was
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executed or recorded transferring the Los Angeles Property to the Annie
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Revocable Living Trust.

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13.
Under Estate of Heggstad, 16 Cal. App. 4th 943, 950 (1993),
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Annies written declaration and assignment in the Annie Revocable Living
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Trust, dated March 5, 2000, establishing that the Los Angeles Property was
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property of the Trust was sufficient to vest ownership in the Trust.
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Persons Entitled to Notice
14. The following persons, who constitute all persons named in the
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Annie Revocable Living Trust, dated March 5, 2000, and all persons who would
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be heirs at law of Annie had she died intestate, will be given notice of the
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hearing on this petition:
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Bara, Successor Trustee and Adult Daughter of Annie, 1166 El Molino

Avenue, Torrance, CA 93104;
Mara Adult Daughter of Annie, 1118 East 10th Street,

Los Angeles, CA 90017;
Andre, Adult Son of Annie, 1309 W. 76th Place,

Los Angeles, CA 90006;
Tyler, Adult Granddaughter of Annie, 822 North First Street, Unit G,

Cerritos, CA 90703;
Ann, Adult Granddaughter of Annie, 15417 Washington Way,

Glendora, CA 91336; and
Charika Braxton, Alternate Trustee and Adult Granddaughter of Annie,
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1166 El Molino Avenue, Pasadena, CA 91104.
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No person has filed a request for special notice.
WHEREFORE, Petitioner Mary P. prays for an order as follows:
(1) Declaring that the Los Angeles Property was, as of the death of
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Annie on March 11, 2007, property of the Annie Revocable Living Trust, dated
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March 15, 2006; and
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(2) Granting such order and further relief as the Court deems just and
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proper.
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Date:
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_______________________________
Mary P., Petitioner
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VERIFICATION OF MARY P.
I, the undersigned, am the Petitioner. I have read the foregoing

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PETITION TO CONFIRM THAT REAL PROPERTY WAS TRUST PROPERTY AT SETTLORS
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DEATH.
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It is true of my own knowledge except for matters stated to be on information
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and belief, and as to those matters I believe them to be true.
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I declare under penalty of perjury under the laws of the State of
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California that the foregoing is true and correct and that I signed this
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declaration in Los Angeles, California.
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Date:
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_______________________________
Mary P, Petitioner

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DARYL DALEY, SBN: xxxxxx

4806 MILLER AVENUE

ANNIE REVOCABLE LIVING TRUST

CASE NO. BP100207

PETITION TO CONFIRM THAT REAL

Annie, as sole settlor and trustee, established the Annie Revocable

3. Under the terms of Part 6, Paragraph D, of the Trust, Bara, the

4. When Annie established the Trust, and at all times thereafter,

5. As is explained below, Petitioner Mary is a beneficiary of the real

The Los Angeles Property

6. This petition seeks judicial confirmation, under the procedure

7. The Schedule of Trust property and Assignment of Property, attached

8. An order confirming that the Los Angeles Property was an asset of

11. Charles subsequently died without either Charles or Annie having

Revocable Living Trust.

Under Estate of Heggstad, 16 Cal. App. 4th 943, 950 (1993),

Persons Entitled to Notice

Bara, Successor Trustee and Adult Daughter of Annie, 1166 El Molino

Mara Adult Daughter of Annie, 1118 East 10th Street,

Andre, Adult Son of Annie, 1309 W. 76th Place,

Tyler, Adult Granddaughter of Annie, 822 North First Street, Unit G,

Ann, Adult Granddaughter of Annie, 15417 Washington Way,

Charika Braxton, Alternate Trustee and Adult Granddaughter of Annie,

1166 El Molino Avenue, Pasadena, CA 91104.

No person has filed a request for special notice.

WHEREFORE, Petitioner Mary P. prays for an order as follows:

I, the undersigned, am the Petitioner. I have read the foregoing

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