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HomeMy WebLinkAbout973179STATE OF CALIFORNIA COUNTY OF SANTA CLARA "Trust TRUSTEE SUCCESSION AFFIDAVIT ss. 0049 The undersigned, Robert Joseph Bonetti, being first duly sworn upon oath according to law, deposes and states as follows: 1. Robert Joseph Bonetti and Barbara Marie Bonetti established the Robert Joseph Bonetti and Barbara Marie Bonetti Revocable Trusts under agreement dated July 15, 1981 (the 2. Robert Joseph Bonetti, whose address is 309 Camille Ct., Mountain View, CA 94040, is currently the sole trustee of the Trust. 3. Attached hereto are true and correct copies of pages 1, 12 -15, 20, and 22 -23 of the Trust showing the due execution of said Trust, the designation of the undersigned as successor trustee, and all powers granted to the Trustee, including those conferred by California law. 4. This affidavit is given pursuant to Wyo. Stat. 4 -10 -1014 and pursuant to Wyo. Stat. 34 -2 -123 with respect to any real estate that may be described on Exhibit A, which is attached hereto and in which case is incorporated herein by this reference. 5. Barbara Marie Bonetti died on June 23, 2012, in Mountain View, Santa Clara County, California. Attached hereto is a copy of her official death certificate certified by the Vital Records and Registration, California Department of Health, the public authority with which the original death certificate is of record according to law. 6. By reason of the death of Barbara Marie Bonetti, the undersigned, Robert Joseph Bonetti, became the sole trustee of the Trust on June 23, 2012, having all power and authority RECEIVED 9/10/2013 at 11:30 AM RECEIVING 973179 BOOK: 820 PAGE: 49 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY Witness my hand and official seal. 7 A- IK L P.A. KOHLMANN`A[otary Public afforded to the trustee pursuant to said trust agreement and the laws of the State of California. 7. The Trust has not been revoked, modified or amended in any manner that would cause the representations contained in this affidavit to be incorrect. DATED: July 18, 2013 STATE OF CALIFORNIA ss. COUNTY OF SANTA CLARA My commission expires: September 24, 2016 lG Robert Joseph onetti rustee Subscribed and sworn to (or affirmed) before me on this 18 day of July, 2013, by ROBERT JOSEPH BONETTI, proved to me on the basis of satisfactory evidence to be the person who appeared before me. P. A. KOHLMANN Commission 1992177 Z Notary Public California Santa Clara County My Comm. Expires Sep 24, 2016 TRUSTEE SUCCESSION AFFIDAVIT Page 2 (seal) 0050 Exhibit A The Robert Joseph Bonetti and Barbara Marie Bonetti Revocable Trust under agreement dated July 15, 1981, owns the following property located in Lincoln County, State of Wyoming, to -wit: Lot 2, Taylor Fifth Subdivision as recorded in the Office of the County Clerk of Lincoln County, Wyoming. TRUSTEE SUCCESSION AFFIDAVIT Page 3 0051 I POHL ROBERT JOSEPH BONETTI, II GREGORY RAY BONETTI DOUGLAS GABRIEL BONETTI Husband and Wife have no issue. DECLARATION OF TRUST ROBERT JOSEPH BONETTI and BARBARA MARIE BONETTI, called the "Settlors" or the "Trustees depending on the context, and sometimes referred to as "Husband" and "Wife," declare that they have set aside and hold in trust the property described in Schedule A attached to this instrument. PREAMBLE Husband and Wife have four names and dates of birth are: LORETTA MARIE BONETT (4) children now living, whose August 23, 1949 November 28, 1950 September 7, 1952 January 25, 1956 deceased children who died leaving Husband and Wife have accumulated significant amounts of property during their marriage. It is Husband's and Wife's desire, by this instrument, to create an inter vivos revocable trust in accordance with the laws of the State of California whereby they will hold in trust their community and their separate property and manage it for their benefit during their respective lives and provide for their issue upon the death of the last survivor of Husband and Wife. ARTICLE I Property subject to this instrument is referred to as the "trust estate" and shall be held, administered, and distributed in accordance with this instrument. Any community property transferred to the trust shall remain community property after its transfer. It is the Settlors' intention that they as Trustees shall have no more extensive power 0 0 5 2 death of the Surviving Spouse, neither trust may be amended, revoked, or terminated. Revocation and amendment shall be made in the manner provided in paragraphs a and c of this Article X. c. The Settlors may at any time during their joint lifetimes amend any of the terms of this instrument by an instrument in writing signed by both Settlors and delivered to the Trustees. No amendment shall substantially increase the duties or liabilities of the Trustees or change the Trustees' compensation without the Trustees' consent, nor shall the Trustees be obligated to act under such an amendment unless the Trustees accept it. If a Trustee is removed, the Settlors shall pay to that Trustee any sums due and shall indemnify that Trustee against liability lawfully incurred by that Trustee in the administration of the trusts. d. The powers of the Settlors to revoke or amend this instrument are personal to them and shall not be exercisable on their behalf by any guardian, conservator, or other person, except that revocation or amendment may be authorized, to the extent permitted by this instrument, after notice to the Trustees, by the court that appointed the guardian or conservator. ARTICLE XI a. In order to carry out the provisions of the trusts created by this instrument, the Trustees shall have the following powers in addition to those now or hereafter conferred by law: (1) To invest and reinvest all or any part of the trust estate in such common or preferred stocks, shares of investment trusts and investment companies, bonds, debentures, mortgages, deeds of trust, mortgage participations, notes, real estate, or other property as the Trustees in the Trustees' discretion may select; and the Trustees may continue to hold in the form in which received (or the form to which changed by reorganization, split -up, stock dividend, or other like occurrence) any securities or other property the Trustees may at any time acquire under the trusts -12- ©653 created by this instrument, it being the Settlors' express desire and intention that the Trustees shall have full power to invest and reinvest the trusts' funds without being restricted to forms of investment that the Trustees may otherwise be permitted to make by law; and the investments need not be diversified; provided, however, that the aggregate return of all investments of the Survivor's Trust from time to time shall be reasonable in light of then existing circumstances; provided further that during the Surviving Spouse's lifetime, he or she shall have the power to require the Trustees to make all or part of the principal of the Survivor's Trust productive or to convert promptly any unproductive part into productive' property. This power shall be exercised by the Surviving Spouse in a written instrument delivered to the Trustees. (2) To continue to hold any property including any shares of any Trustee's own stock and to operate at the risk of the trust estate any business that the Trustees receive or acquire under the trusts as long as the Trustees deem advisable. (3) To have all the rights, powers, and privileges of an owner with respect to the securities held in trust, including, but not limited to, the powers to vote, give proxies, and pay assessments; to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, and liquidations, and incident to such participation to deposit securities with and transfer title to any protective or other committee on such terms as the Trustees may deem advisable; and to exercise or sell stock subscription or conversion rights. (4) To buy and sell options, write options, establish and maintain margin accounts, and to sell securities "short against the box (5) To hold securities or Trustees' names as Trustees under the instrument, or in the Trustees' own names Trustee, or in the name of a nominee, securities unregistered in such condition other property in the trusts created by this or in the name of either or the Trustees may hold that ownership will pass. (6) To manage, control, grant options on, sell (for cash or on deferred payments), convey, exchange, partition, divide, improve, and repair trust property. (7) To lease trust property for terms within or beyond the term of the trusts created by this instrument for any purpose, including exploration for and removal of gas, oil, and other minerals; and to enter into community oil leases, pooling, and unitization agreements. (8) To lend money to any person, including the probate estate of either Settlor, provided that any such loan shall be adequately secured and shall bear a reasonable rate of interest. (9) To purchase property at its fair market value as determined by the Trustees in the Trustees' discretion, from the probate estate of either Settlor. -13- 0054 (10) To loan or advance the Trustees' own funds to the trusts created by this instrument for any trust purpose, with interest at current rates; to receive security for such loans in the form of a mortgage, pledge, deed of trust, or other encumbrance of any assets of such trusts; to purchase assets of the trusts at their fair market value as determined by an independent appraisal of those assets; and to sell property to the trusts at a price not in excess of its fair market value as determined by an independent appraisal. (11) To release or to restrict the scope of any power that the Trustees may hold in connection with the trusts created under this instrument, whether such power is expressly granted in the instrument or implied by law. The Trustees shall exercise this power in a written instrument executed by the Trustees, specifying the powers to be released or restricted and the nature of the restriction: (12) To purchase bonds and to pay such premiums in connection with the purchase as the Trustees in the Trustees' discretion deem advisable, provided, however, that each premium shall be repaid periodically to principal out of the interest on the bond in such reasonable manner as the Trustees shall determine and, to the extent necessary, out of the proceeds on the sale or other disposition of the bond. (13) To purchase bonds at such discount as the Trustees in the Trustees' discretion deem advisable provided, however, that each discount shall be accumulated periodically as interest in such reasonable manner as the Trustees shall determine and to the extent necessary paid out of the proceeds on the sale or other disposition of the bond or out of principal. Notwithstanding the foregoing, all discounts shall be accumulated during the Surviving Spouse's lifetime in respect to the Survivor's Trust. (14) To borrow money, and to encumber trust property by mortgage, deed of trust, pledge, or otherwise in order to secure a loan or loans to the trust for a trust purpose, or to secure a loan to either or both Settlors in their individual capacities for a purpose not connected with the trust. (15) To commence or defend, at the expense of the trust, such litigation with respect to the trusts or any property of the trust estate as the Trustees may deem advisable, and to compromise or otherwise adjust any claims or litigation against or in favor of the trust. To carry as the Trusteesdeemadvisable, c at the expense of the trusts, zri to protect the trust estate and the Trustees personally against any hazard. (17) To withhold from distribution, in the Trustees' discretion, at the time for distribution of any property in the trusts, without the payment of interest, all or any part of the property, as long as the Trustees shall determine in the Trustees' discretion that such property may be subject to conflicting claims, to tax deficiencies, or to liabilities, contingent or otherwise, properly incurred in the administration of the estate. -14- -15- 6056 (18) To purchase in the Trustees' discretion at less than par, obligations of the United States of America that are redeemable at par, in payment of any federal estate tax liability of either Settlor in such amounts as the Trustees deem advisable, and for that purpose the Trustees may partition a portion of the community property of the trust estate and make such purchases from either or both portions. The Trustees shall not be liable to either Settlor, any heir of either Settlor, or any beneficiary of the trusts for losses resulting from purchases made in good faith. The Trustees are directed to redeem any such obligations that are part of trust corpus to the fullest extent possible in payment of federal estate tax liability of either Settlor. (19) To partition, allot, and distribute the trust estate, on any division or partial or final distribution of the trust estate, in undivided interests or in kind, or partly in money and partly in kind, at valuations determined by the Trustees, and to sell such property as the Trustees may deem necessary to make such division or distribution. In making any division or partial or final distribution of the trust estate, the Trustees shall be under no obligation to make a pro rata division, or to distribute the same assets to beneficiaries similarly situated; but rather, the Trustees may, in the Trustees' discretion, make a non -pro rata division between trusts or shares and non -pro rata distributions to such beneficiaries, as long as the respective assets allocated to separate trusts or shares, or distributed to such beneficiaries, have equivalent or proportionate fair market value. b. Except as otherwise specifically provided in this instrument, the Trustees' powers shall be subject to the Trustees' duty to treat income beneficiaries and remaindermen equitably, and the following requirements shall be observed by the Trustees: (1) A reasonable reserve for depreciation of all income producing depreciable real and personal property, and capital improvements and extraordinary repairs on income producing 'property, shall be charged to income from time to time; (2) A reasonable reserve for depletion of all depletable natural resources, including, but not limited to, oil, gas, and mineral and timber property, shall be charged to income from time to time; (3) Distributions by mutual funds and similar entities of gains from the sale or other disposition of property shall be credited to principal; (4) A reasonable reserve for amortization of all intangible property having a limited economic life including, but not limited to, patents and copyrights shall be charged to income from time to time; (5) All premiums paid and all discounts received in connection with the purchase of any bond or other obligation shall be amortized by making an appropriate charge or credit to income as the case may be. either of substitution of state. h. be. a. as Trustee. California in force from time to time. This paragraph g shall apply regardless of any change of residence of the Trustees, or them, or any beneficiary, or the a Trustee residing lawful, lineal descendants of all degrees, -20- any 0057 appointment or or doing business in another Whenever provision is made to pay for the education of a beneficiary, the term "education" shall include college and postgraduate study as long as in the Trustees' discretion it is pursued to advantage by the beneficiary at an institution of the beneficiary's choice. In determining payments to be made to the beneficiary for such education, the Trustees shall consider the beneficiary's reasonably related living and traveling expenses. i. In this instrument, the term "issue" shall refer to and the terms "child "children" and "issue" shall include adopted children who minors at the date of adoption. ARTICLE XIV If ROBERT JOSEPH BONETTI shall for were reason fail to qualify or cease to act as a Trustee, BARBARA MARIE BONETTI shall act. as sole Trustee. If BARBARA MARIE BONETTI shall for any reason cease to act as a Trustee, ROBERT JOSEPH BONETTI shall act as sole Trus If both ROBERT JOSEPH BONETTI and BARBARA MARIE BONETTI shall for any reason fail to qualify or cease to act as Trustee LORETTA MARIE BONETTI POHL, ROBERT JOSEPH BONETTI, II, GREGORY RAY BONETTI and DOUGLAS GABRIEL BONETTI, or the survivors or survivor of them, shall act as Trustees or as sole Trustee, as the case may b. No bond shall be required of any person named in this instrument as a Trustee, for the faithful performance of his duties beneficiaries, shall deliver a written objection to the Trustees within sixty (60) days after receipt of the Trustees' account, the account shall be final and conclusive in respect to the transactions disclosed in the account as to all beneficiaries of the trust including unborn and unascertained beneficiaries. After settlement of the account by agreement of the parties objecting to it or by the expiration of the sixty (60) day period, the Trustees shall no longer be liable to any beneficiary of the trust including unborn and unascertained beneficiaries, in respect to transactions disclosed in the account, except for the Trustees' intentional wrongdoing or fraud. ARTICLE XV The trusts created in this instrument may be referred to collectively as the ROBERT JOSEPH BONETTI and BARBARA MARIE BONETTI TRUSTS, and each separate •trust created in this instrument may be referred to by adding the name of the beneficiary. Executed at Palo Alto, California, on July 1981: SETTLORS G�G•G BARBARA MARIE BONETTI TRUSTEES -22 0(48 BARBARA MARIE BONETTI Y [SEAL 25T -293 STATE OF CALIFORNIA COUNTY OF SANTA CLARA ss. On July 1,x, before me, a Notary public for the State of California personally appeared ROBERT JOSEPH BONETTI and BARBARA MARIE BONETTI, known to me to be the Settlors and the Trustees of the trusts created by the above instrument, and to be the persons Whose names are subscribed to the instrument, and they acknowledged that they executed the same as such Settlors and Trustees. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. OFFICWL SEAL DOUGLAS M. LAURICE NOTARY PUBLIC CALIFJRNIA Santa Clara County My Commisslon Expires Dec. 16, 1983 —23— Notar P c in and State of California 0059 or the p L O A 5`'9 E UREK ga 1.130211401' DECEOENT- BARBARA R9r. (Given):•, 13. EDUCATION labeal Le/a0eyee':13/15.WAS DECEDENT HISPANIC/UTIND(Ay9pAN151r! Olyee...waedeet on bedd HS :GRADUATE YES 17. 9SUALOCCUPATION -Type ol:w IK 'for rmoat ¢1019. 00,146T USE RETIRED ASSEMBLER 20. DECEDENT'S RESIDENCE (Stew and number, or'Ioafon) 309 CAMILLE CT. 22. COUNTY/PROVINCE. SANTA- CLARA; 26 .:(NFORMANT,'SNAME:1ELATIONEHIP ROBERT J. BONETTI, HUSBAND: :28 NAMEOF:SURMNN POUSE/8R0r -FIRST ROBERT 31. NAME OF FATHER/PARENT -FIRST GABRIEL. 35. NAME;OF MOTHEWPARENT -FIRST MARIE 3B. DISPOSITION DATE neNdN oA' 07/02/2012 at TYPE OF DISPOSITION(S) BU 'ad, NAME OF FUNERA ESTABLISHMENT CUSIMANO FAMB Y COLONIAL MORTUARY 101: PLACE OFOEATH RESIDENCE. SANTA'CLARA.; 114.1 CERTIFY THAT TO THE BEST OF mY(OIOW 1E01;E DEATH OCCURRED AT THE HOUR, DATE AND PLACE STATED FROM THE CAUSES STATED. Decadent Attended SM. Decedent leaf Swn AIN. (44 mm /ddhcyy 1 (B) mm/ddheyy 11 /01 /1.999. ;;.06%09/2012 10. SOCIAL SECURITY NUMBER 111. EVER IN U:S: •ARMED FORCES? yes ND UNK 32.E MIDDLE at MIDDLE, 95. LICENSE NUMBER FD1041 1 CERTIFY.THAT..' MY OPINION _MANNER OF DEATH N.lb, ATN'OCCUPRED AT THE HCUR, DA E; AND PLACE STATEDFROM TNECAUSES STATED. Auidenl Hammed SU rtle'. PerdKp:.. Core ra be My :bDAr4n a m;»a 12661GNATURE'O3 CORONER:/ DE4UTYCORONER 12):DATE mm/3d/ccyy 23. ZIP CODE 94040 AKA2150 KNOWN'AS- InmlUde lull AKA (RRST,.I 1 4 :DATE OF BIRTH mm%Udm.y, 0.3/17/1930, 12 MARAL:STA1U0 /SRDP',•'(N10 201.14 MARRIED 16: DECEDENTS RACE -Up to 3 ram CAUCASIAN ';)A.. KIND OF BU6)NE'SS OR,'INOU9TRY;(.d: youry.1019 road donaml2141. SEMICONDUCTOR d0 PU ceof( NALDISP09RION 'GATE. OF :HEAVEN'TCEMETERY 22555 CRISTO REY DR LOS ALTOS;'CA 94040;'' 46. SIGNATURE OF REGISTRAR I. MARTIN D FENSTERSHEIB, MO; _29 IN.COUNTY. ea maybe ailed'(eea we 105. FACILITY: ADDRESS.OR'LODATION WHEREFOUNO(6Veet 904 tw,Wer, ar Iauu 309 GAMILLE.CT, 107. CAUSE OF DEATH Enl.r IN c1ey1 of wares ceseasei !Nudes. a Y llpllulbns -:119,1 diac0y malned death DO#IOTinler terminal:'evenls:9ucti ea creche wrest, respiratory 91119. or venlnciAer SN,6allonwilhail si10 q Yee adolegy. 00 NCr'FBRAEV WTE IMMEDIATE CAUSE w RESPIRATORY FAILURE :jFme(dHeaae:ai condelonrnU61np 5 AGE'yn 1 IF UNDER°NEVEW'. 7. DATE OFDEATN 0141 3 3y 06/23/2012 113: WAS OPERATION PERFORMED FOR:ANY CONDITION'IN REM 107 OR 112? 01 yea 191100.21,o419040la 14 date.)_',' 116. SIGNATURE AND TRLEOF CERTIFIER ►MARIAM ROBERT MANOUKIAN D. rr`� 120. INJURED AT WORK? ❑,YES NO 111111111111UII11IIIIIIIIIIIII1111 11 IIIII11III11111C1111111111111111111111 '010001002095502* 19. YEARS IN OCCUPATION 27 INFORMANT'S MAILING A00RESS d number, orlu11412. 0lmber, town. Nate and 31p) 309 :CAMILLE CT. MOUNTAIN VIEW, CA 9 39; L2ET JOIFTH NAp1E).; BONETTI; SANCHEZ 37. LAST (BIRTH NAME) LAWRENCE 92 SIGNATURE :OF EMBALMER: 1, BRIAN COATSWORTH an w :e:ar w TOBACCO USE r. UNDERLYING In dea111: candes u IIy 6 llI N y 491 CHRONIO'EM.PHYSEMP;` 'an YEARS 93:kICENSENUM15 EMB 8570 1? :PATE ecyy:.'':- 06/27/2012: 103. IF OTHER THAN HOSPITAL; SPECIFY ONE Hoeyiu Home .TC I1Demednt§ Omer MOU17AIN'VIEW' RIi1ei11pva18elw.l( aiwl Maa>,w.-., HOURS; 106 0EA1H BERORTED. TO:CDRONERI �vES ®IJO: e[eeA/,r.Aw9iP 112,.OTNER SIGNIFICANT CONDITIONS' CONTRIBUTING TO OEATH BUT NOT RESULTING IN THE UNDERLYING CAUSE GIVEN IN 107 D1:4BETES' 1TUS:; ;2;;': 116 LICENSE NUMBER 117.OA3E mril/dd/ceyy 055632. 1 06/26/20'1 2 116. TYPE ATTENDING PHYSICIANS NAME,'MAILING 20ORE8&'ZIP CODE MARIAN 2500 HOSPITAL DR BLDG 4A, MOUNTAIN VIEW, ROB MANOUKIAN M:D, CA 940 121:-INJURY DATE.mmkleke y 1,22:.9096 (44 Hoom) :.123, P1ACE OF INJURY 1.. .114166 44,9000940 Nla. w00d.d aroa;'alc.) 124. DESCRIBE HOW INJURY OCCURRED (Even. wench (ee4lted In injury) ,2s:;LOCATION'OF INJURY 191'..1.nd nlanber, 4r louden. and mly. and sip) 126. TYPE NAME TITLE OF CORONER DEPUTY CORONER FA (AUTH.6 CENSUS TRACT 5T ATE�:' REGISTRAR STATE FILE NUMBER' STATE 1 F ALIFOlINIA CERTIFICATI I ITAL RECORD PUBLIC HEALTH DERARTMENT VITAL RECORDS AND REGISTRATION STATE OF CALIFORNIA: SS 'DATE ISSUED' COUNTY OF III IIIfl1HII1ll �I SATA C14RA L �fi,. H 2 7 6 6 ':1 9 This is a true and exact reproduction of the document officlally:registered and on file: in the VLTAL RECORDS SECTION, DEPARTMENT OF PUBLIC HEALTH: CERTIFIED• OF VITAL RECORDS OF. BIRTHS:AND:D This copy not valid unless. prepared on engraved border; displaying seal and'signature, oF. Reg>gtra► P0NCO (R6a) 04/19 ERTIFICATE OF DEATH. t IN6 poly /N.1p2LneS 'AMTEOUTS CRATE/UV:NS ...:VS- 11{PEV3/06) MARTIN D. FENSTERSHEIB HEALTH OFFICER AND LOCAL REGISTRAR LOCAL REGISTRATION NUMBER