DE-111
`
`FOR COURT USE ONLY
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`07/02/2021
`Clerk of the Court
`BY: GINA R. S. GONZALEZ
`Deputy Clerk
` DEPARTMENT: 204
`Hearing: 07/28/2021 9:00 am
`PES-21-304591
`
`CASE NUMBER:
`
`HEARING DATE AND TIME:
`
`DEPT.:
`
`STATE BAR NO.:
`
`266965
`
`CA
`94111
`STATE:
`ZIP CODE:
`(415) 373-9359
`FAX NO.:
`
`ATTORNEY OR PARTY WITHOUT ATTORNEY:
`James M. O'Neil, Esq.
`NAME:
`Law Offices of James O'Neil
`FIRM NAME:
`100 Pine Street, Suite 1250
`STREET ADDRESS:
`San Francisco
`CITY:
`(415) 992-3123
`TELEPHONE NO.:
`james@oneil.legal
`E-MAIL ADDRESS:
`Gordon Gruen, Petitioner
`ATTORNEY FOR (name):
`SUPERIOR COURT OF CALIFORNIA, COUNTY OF
`San Francisco
`400 McAllister St., Probate Dept.
`STREET ADDRESS:
`400 McAllister St., Probate Dept., San Francisco, CA 94102
`MAILING ADDRESS:
`San Francisco 94102
`CITY AND ZIP CODE:
`Civic Center Courthouse
`BRANCH NAME:
`ESTATE OF (name):
`
`Martin William Gruen
`
`DECEDENT
`Probate of
`Lost Will and for Letters Testamentary
`Probate of
`Lost Will and for Letters of Administration
`with Will Annexed
`Letters of Administration
`with general powers
`Letters of Special Administration
`Authorization to Administer Under the Independent
`with limited authority
`Administration of Estates Act
`Publication will be in (specify name of newspaper):
`a.
`Publication requested.
`b.
`Publication to be arranged.
`
`Petitioner (name each):
`Gordon Gruen
`
`TBD
`
`
`
`PETITION FOR
`
`1.
`
`2.
`
`be appointed
`
`with general powers
`
`requests that
`decedent's will and codicils, if any, be admitted to probate.
`a.
`(name):
`b.
`Gordon Gruen
`executor
`(1)
`administrator with will annexed
`(2)
`administrator
`(3)
`special administrator
`(4)
`and Letters issue upon qualification.
`full
`limited authority
`be granted to administer under the Independent Administration of Estates Act.
`
`bond not be required for the reasons stated in item 3e.
`(1)
`
`(2)
`
`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, § 8482.)
`in deposits in a blocked account be allowed. Receipts will be filed.
`Specify institution and location):
`
`$
`
`$(
`
`
`
`c.
`d.
`
`(3)
`
`3.
`
`a.
`
`Decedent died on (date):
`May 23, 2021
`a resident of the county named above.
`(1)
`
`a nonresident of California and left an estate in the county named above located at (specify location permitting
`(2)
`publication in the newspaper named in item 1):
`
`San Francisco, CA
`
`at (place):
`
`b.
`c.
`
`Decedent was a citizen of a country other than the United States (specify country):
`Street address, city, and county of decedent's residence at time of death (specify):
`2555 Leavenworth Street, #205, San Francisco, CA 94133
`
`Form Adopted for Mandatory Use
`Judicial Council of California
`DE-111 [Rev. July 1, 2017]
`
`PETITION FOR PROBATE
`(Probate—Decedents Estates)
`
`.
`
`Page 1 of 4
`Probate Code, §§ 8002, 10450;
`www.courts.ca.gov
`
`
`

`

`ESTATE OF (name):
`
`Martin William Gruen
`
`CASE NUMBER:
`
`DE-111
`
`DECEDENT
`Character and estimated value of the property of the estate (complete in all cases):
`Personal property:
`(1)
`10,000
`Annual gross income from
`(2)
`(a) real property:
`(b) personal property:
`Subtotal (add (1) and (2)):
`Gross fair market value of real property:
`(Less) Encumbrances:
`Net value of real property:
`$
`Total (add (3) and (6)):
`672,000
`Special administrator is the named executor, and the will waives bond.
`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).)
`All heirs at law are adults and have waived bond. (Affix waiver as Attachment 3e(3).)
`Sole personal representative is a corporate fiduciary or an exempt government agency.
`Decedent died intestate.
`Copy of decedent's will dated:
`
`(3)
`(4)
`(5)
`(6)
`(7)
`(1)
`(2)
`
`(3)
`(4)
`(1)
`(2)
`
`
`
`
`
`3.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`)
`
`00
`
`10,000
`800,000
`138,000
`662,000
`
`$ $ $$
`
`$ $
`
`$
`
`(
`
`codicil dated
`
`(specify for each):
`
`are affixed as Attachment 3f(2). (Include typed copies of handwritten documents and English translations of foreign-
`language documents.)
`The will and all codicils are self-proving (Prob. Code, § 8220).
`The original of the will and/or codicil identified above has been lost. (Affix 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.)
`Appointment of personal representative (check all applicable boxes):
`(1)
`Appointment of executor or administrator with will annexed:
`Proposed executor is named as executor in the will and consents to act.
`(a)
`No executor is named in the will.
`(b)
`Proposed personal representative is a nominee of a person entitled to Letters.
`(c)
`(Affix nomination as Attachment 3g(1)(c).)
`Other named executors will not act because of
`other reasons (specify):
`
`(3)
`
`(d)
`
`death
`
`declination
`
`Continued in Attachment 3g(1)(d).
`Appointment of administrator:
`Petitioner is a person entitled to Letters. (If necessary, explain priority in Attachment 3g(2)(a).)
`(a)
`Petitioner is a nominee of a person entitled to Letters. (Affix nomination as Attachment 3g(2)(b).)
`(b)
`Petitioner is related to the decedent as (specify):
`(c)
`Uncle
`(3)
`Appointment of special administrator requested. (Specify grounds and requested powers in Attachment 3g(3).)
`(4)
`Proposed personal representative would be a successor personal representative.
`Proposed personal representative is a
`(1)
`resident of California.
`(2)
`nonresident of California (specify permanent address):
`793 W. Suggs Drive
`Memphis, TN 38120
`
`
`
`(2)
`
`
`
`(3)
`(4)
`
`
`
`resident of the United States.
`nonresident of the United States.
`
`DE-111 [Rev. July 1, 2017]
`
`PETITION FOR PROBATE
`(Probate—Decedents Estates)
`
`Page 2 of 4
`
`

`

`ESTATE OF (name):
`
`Martin William Gruen
`
`CASE NUMBER:
`
`DECEDENT
`
`DE-111
`
`a.
`
`b.
`
`4.
`5.
`
`6.
`
`7.
`
`Decedent's will does not preclude administration of this estate under the Independent Administration of Estates Act.
`Decedent was survived by (check items (1) or (2), and (3) or (4), and (5) or (6), and (7) or (8))
`(1)
`spouse.
`(2)
`no spouse as follows:
`divorced or never married.
`
`spouse deceased.
`registered domestic partner.
`no registered domestic partner. (See Fam. Code, § 297.5(c); Prob. Code, §§ 37(b), 6401(c), and 6402.)
`child as follows:
`natural or adopted.
`natural adopted by a third party.
`(6)
`no child.
`(7)
`issue of a predeceased child.
`(8)
`no issue of a predeceased child.
`
`survived by a stepchild or foster child or children who would have been adopted by
`Decedent
`was
`was not
`
`decedent but for a legal barrier. (See Prob. Code, § 6454.)
`(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):
`a.
`Decedent was survived by a parent or parents who are listed in item 8.
`
`b.
`Decedent was survived by issue of deceased parents, all of whom are listed in item 8.
`c.
`Decedent was survived by a grandparent or grandparents who are listed in item 8.
`d.
`Decedent was survived by issue of grandparents, all of whom are listed in item 8.
`e.
`Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
`Decedent was survived by next of kin, all of whom are listed in item 8.
`f.
`g.
`Decedent was survived by parents of a predeceased spouse or issue of those parents, if both are predeceased, all of
`whom are listed in item 8.
`h.
`Decedent was survived by no known next of kin.
`(Complete only if no spouse or issue survived decedent.)
`a.
`Decedent had no predeceased spouse.
`
`b.
`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,
`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):
`Decedent was survived by issue of a predeceased spouse, all of whom are listed in item 8.
`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.
`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.
`
`(3)
`(4)
`(5)
`
`
`(a)
`(b)
`
`
`
`(a)
`(b)
`
`
`(1)
`(2)
`
`(3)
`
`(a)
`(b)
`(c)
`(d)
`(e)
`
`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]
`
`PETITION FOR PROBATE
`(Probate—Decedents Estates)
`
`Page 3 of 4
`
`

`

`ESTATE OF (name):Martin William Gruen
`
`CASE NUMBER:
`
`DECEDENT
`
`DE-111
`
`8.
`
`Name and relationship to decedent
`Nancy Gruen
`
`~
`Adult
`
`Address
`2803 Victoria Way, Unit D-1
`Coconut Creek FLA 33066
`
`Gordon Gruen
`
`Adult
`
`793 W. Suggs Drive
`Memphis. TN 38120
`
`D Continued on Attachment 8.
`9. Number of pages attached:--=-3 __
`
`Date: J/J./Jctdl (
`
`James M. O'Neil, Esq.
`(TYPE OR PRINT NAME OF ATTORNEY)
`
`Date:
`
`'7 J ')... J 2-,)'2.. I
`
`Gordon Gruen
`
`(TYPE OR PRINT NAME OF PETITIONER)
`
`(TYPE OR PRINT NAME OF PETITIONER)
`
`(SIGNATURE OF PETITIONER)
`
`Signatures of additional petitioners follow last attachment.
`
`DE-111 (Rev.July 1, 2017}
`
`PETITION FOR PROBATE
`(Probate-Decedents Estates
`
`Page4of4
`
`

`

`
`
`James M. O’Neil (SBN 266965)
`LAW OFFICES OF JAMES O’NEIL
`100 Pine Street, Suite 1250
`San Francisco, CA 94111
`Telephone:
`(415) 992-3123
`Fax Line:
`(415) 373-9359
`Email:
`james@oneil.legal
`
`Attorney for Proposed Administrator,
`Gordon Gruen
`
`ESTATE OF
`MARTIN WILLIAM GRUEN,
` Decedent.
`
`
`
`
`
`
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`CITY AND COUNTY OF SAN FRANCISCO
`
`
`
`
`
`
`ATTACHMENT 3g(2)(a) TO PETITION FOR
`PROBATE – PERSON ENTITLED TO
`LETTERS
`
`
`
`Petitioner Gordon Gruen is the biological uncle of the decedent and, therefore, following
`the order of priority is entitled to Letters pursuant to California Probate Code Section 8461(i).
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ATTACHMENT 3G(2)(A) TO PETITION FOR PROBATE
` 1
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`