Estate of: Barry, Shawn Thomas

that it is not obvious that the balance in the accounts was “money due the decedent” at the time of her death. Specifically, because neither account existed when Decedent died on November 29, 2024. Rather, both accounts were opened after her death by Petitioner pursuant to a Durable Power of Attorney that had no legal effect. As such, the Court concludes that if Petitioner contends that the funds deposited into the accounts at Wells Fargo Bank, N.A., were, in equity, property of the Trust or property that should have been titled in the Trust’s name, Petitioner's proper remedy is a petition under Probate Code §850. The Petition Under Probate Code §13100 to Compel Transfer of Assets and Request for Attorney's Fees Pursuant to Probate Code §13105(b) is denied.

The petition is granted, the Will dated April 6, 2021 is admitted to probate, letters testamentary with full authority shall issue, bond is set at $100,000.00, Jane Dolan is appointed as probate referee and Estate of a final distribution hearing is set for July 20, 2027 at 9:00 a.m. In the event the Executor is unable 9:00 26PR00147 Soerensen, to file the petition for final distribution seven (7) days prior to the final distribution hearing, the Thomas Klaus Executor shall file a status update seven (7) days prior to the hearing. The Court will sign the form of order submitted by counsel.

Estate of: Barry, 9:00 26PR00252 The petition is granted and the court will sign the form of order submitted by counsel. Shawn Thomas

George A Morrissette 9:00 26PR00254 Living Trust, The petition is granted and the Court will sign the form of order submitted by counsel. Dated July 7, 2008

The Court notes that Attachment 11 does not include the required statement of facts that show that the property was Decedent's primary residence. The Court is inclined to grant the petition if a Estate of: 9:00 26PR00256 declaration is received or a statement is made at the time of the hearing by Ms. Henman as an Conner, Janice L officer of the Court that the real property was the Decedent’s primary residence at the time of death and then the Court will sign the form of order submitted by counsel.