I, Roger Williams,declare that this is my last will and testament and that I hereby revokeall wills and or codicils previously made either jointly or severally by me. I declare I amof sound mind and of legal age to make this will and that this will and testament expresses my wishes without duress or undue stress.
I hereby nominate, constitute and appoint Anthony Smart as my Executor and Trustee or if this Executor is unable or willing to serve, then I appoint Sally Able as an alternate Executor and Trustee.
I hereby give and grant the Executor powers and authority as are required and allowed in the law and that in particular of assumption.
My Executors shall have the authority to engage the services of an attorney, accountants,as they may deem necessary to assist in the execution of my last will and testament.
My Executors shall use the BankTrust account worth 100,000 dollars to pay my debts and whatever is left to be divided equally amongst all my living heirs
I give the following legacies:
Blackacre Estate worth 300,000 dollars to my wife, Mary Williams
The shares at Greenacreworth 100,000 dollars to go to my children John, Susan, and Ramona and to be divided equally amongst them
The BankCom account worth 300,000 dollars earning 3% interest to go to Anthony Smart, as trustee, in trust for Mary Williams, to have as use of income from the account for life; and when she dies, to be divided equally among all his grandchildren 15 years after my death
The Good Bank checking account worth 25,000 dollars to Mary Williams
The stock in XCorp worth 1200 shares to my brother, Stanley, to have the income from the stock for life;
My whole life insurance policy with PayLife of 150,000 dollars to Mary Williams
The first editions to Susan Williams
The guns to Romana Williams
The watch to John Williams
The cufflinks to go to John Williams
The tap shoes to Romana Williams
The separate list describing my souvenirs and trinkets with the accurate list of names to be given to the people representedtherein at thetime of my death
If the individual named above in 6 (e) predeceases Mary, then the property goes to Mary for life andto be equally divided among John, Susan, Ramona, and George
If theres any property not specifically provided for in my will and testament, I would like such property to go to my wife, Mary Williams
Words signifying one gender shall include the others and words signifying the singular shall include plural and vice versa where appropriate
Signed on this day of1st February 2017at the Law Office of Angela Attorney,in Center City, Kansatuckyin the presence of the followingwitnesses:
SIGNATURE: ____________________
WITNESSES PRESENT
As witnesses, we declare that we are of legal age and of sound mindto witness a will and testament and that to the best of our knowledge. Roger Williams, the creator of this will, is of sound mind and of legal age to make this will and that this will and testament expresses his wishes without duress or undue stress.We declare that Roger Williams signed this will in our presence as we then signed as witnesses in his presence, all being present at the same time.
Under penalty of perjury, we declare to be genuine and correct on this day of1st February 2017at Law Office of Angela Attorney, in Center City, Kansatucky.
Witness 1
Name: Wally Thomas
Address: 02 Willow Lane, Happyville, Kansatucky
SIGNED: ____________
Witness 2
Name: Wanda Fully
Address: 112 Willow Lane, Happyville, Kansatucky
SIGNED: ____________
Witness 3
Name: Wilson Woods
Address: 32 Willow Lane, Happyville, Kansatucky
SIGNED: ____________
LAW OFFICE OF ANGELA ATTORNEY,CENTER CITY, KANSATUCKY
ATTORNEY: _________________________ SIGNED: _____________________
PART 2
Based on the descriptions of Susans situation, the best trust agreement to cover for her would be a discretionary trust agreement.
DISCRETIONARY TRUST AGREEMENT
THIS DEED OF TRUST made as of day of ___________ between ROGER WILLIAMS, of 12 Willow Lane, Happyville, Kansatucky(Hereinafter called the Original Settlor)OF THE FIRST PART andSUSAN WILLIAMS of 12 Willow Lane, Happyville, Kansatucky(Hereinafter called the Original Trustees).
IDENTIFICICATION OF TRUST
The trust created by this agreement shall be known as The Roger Family Trust
PURPOSE OF TRUST
The purpose for which the Trust is organized and operated is to exclusively provide the necessary expenses for food, housing, and medical care.
DEFINITION
Settlorhas a meaning the original settlor, or any other person (in his personal capacity as a trustee) assigns and transfers the agreement or testamentary to become part of the Trust Fund.
Trust means the trust formed in under the laws of the state
BENEFICIARY
The beneficiary of the Trust shall be, Susan Williams and not any other individuals who participate in the activities of the Settlor. The Trustees may make payments to serve the sole purposes of the welfare of the beneficiary, and a receipt of the same shall show the amounts thereof.
TRUST ASSETS
Settlors hereby transfer to the Trust on the Effective Date as previously mentioned in the binding agreement. For doubt avoidance, the settlors acknowledge their contributions to the Trust. Therefore, the settlor releases the transfers, remises, and quitclaims to the Trust. The settlor herein the BankCom account worth 300,000 dollars earning 3% interest and the stock in XCorp worth 1200 shares.
TRUSTEES
Subject to the terms of the TrustDeed, the Trustees shall hold the Trust Fund in trust for the beneficiary and shall under their powers keep the same invested and under their discretion may pay for the benefit of the beneficiary and with authority to exclude any of them. The trustees through their power of discretion may decide to accumulate part or all income from the assets of the Trust Fund and add to the capital as they may deem right and shall hold and keep invested or re-invested share to the Trust Fund.
POWERS RIGHTS AND OBLIGATION OF THE TRUSTEES
Additional to powers conferred upon the trustees by this Agreement and or the law, the Trustees shall have the authority, power, and discretion as follows:
To retain any securities, cash and or property belonging to or forming part of the Trust Fund in the actual state from time to time or condition in which the same shall be received by the trustees as long as the Trustees deem it right.
To invest and reinvest any and all cash, property, and securities belonging to or are part of the assets of the Trust Fund without any limitation. In this context, the trustee may invest in and hold shares issued by any company, private or public.
ADMINISTRATION OF TRUST
The Trustees may adopt any regulations and rules they form from time to time and deem proper to govern their procedure. The trustees may act by either their resolutions decided by them using the power vested in them to determine for the benefit of the beneficiary.
REVOCABLE TRUST
The trusts herein declared are and shall be revocable by the original settlor.
DECLARATION BY THE SETTLOR
To the extent of any payment or transfer the property from the Trust Fund to the beneficiary constitutes property acquired by gift from a settlor. The beneficiary is subject to property division, analysis or allocation of benefits. All interests in this context show that the beneficiary will be exempted under specific issues including complete control over the Trust Fund.
TRUSTEES ACCEPTANCE
The Trusteesat this moment accept the trusts declared andagreed to act until discharged by resignation or by another legal manner.
AMENDMENTS
While the founder of the trust is alive or in existence, the provisions of this Trust may be amended for the time being to address the issues raised by the Founder.
IN WITNESS of which, the parties hereto have accepted the agreement to be executed but their authorized representatives as per the date that is written above.
SIGNED AND SEALED in presence of
WITNESS (Settlor):Roger WilliamsSIGNED_____________________
WITNESS (Trustee): Susan WilliamsSIGNED_____________________
WITNESS (Trustee):ROGER FAMILY TRUSTEESIGNED _____________________
ATTORNEY: __________________________________SIGNED_____________________
PART 3
THE STATE OF KANSATUCKY
COUNTY OF CENTER DISTRICT COURT
PROBATE DIVISION
_________ JUDICIAL DISTRICT
Court File No.________________
Estate of
Roger Williams
Decedent AND ORDER OF
INFORMAL APPOINTMENT OF
PERSONAL REPRESENTATIVE
The Application for the Informal Probate of Will and Informal Appointment of Personal Representative signed byAnthony Smart came before the Registrar on30thApril 2017. The Registrar having considered the Application determines the following:
The Application is complete
The Applicant has declared has declared or affirmed that the representations contained in the Applications are true to the best of Applicants knowledge and or belief.
The Applicant appears from the Application to be an interested person as defined by Kansatucky Law
On the basis of the statements in the Application, venue in this County is proper
Any notice required by the Minnesota Law has been given
Descendants will is comprised of the following:
Last will dated1st February 2017
Codicil(s) dated
Separate writings(s) under Kansa. Stat. 524.2 513
(Check if applicable) The Will Refers to a separate writing, but none has been found.
The documents comprising of the Will:
Are in the Registrars possession
Have been probated elsewhere, and an authenticated copy of the will and statement or order probating the same accompany thisstatement.
Decedent died on 1st April 2017 and at least 120 hours, but not more than 3 years, (except as permitted by Kansa. Stat. 524.3 108) have elapsed since the Descendants death.
(Check appropriate boxes)Decedent left no surviving spouse
Decedent left no surviving issue
All issue of Decedent is issues of Decedents surviving spouse except for:
There are issuesof the surviving spouse who are not issue of the Decedent
From the statements in the Application, the person appointed below has priority and is entitled to be appointed a personal representative, and is not disqualified to serve as a personal representative.
The will specifies
Bond:
No bond
Minimum bond
$_______bong
Unspecified
Administration:
Undesignated
Unsupervised
Supervised
The Application indicates that there is no personal representative appointed in this or another county of Minnesota whose appointment has not been terminated.
IT IS ORDERED:
The Application is granted.
The Will is informally probated
Anthony Smart is informally appointed as the personal representative of the Decedent
Upon filing the required bond and statement of acceptance and oath, letters testamentary will be issued.
_______________________________________
Registrar Signed
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