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Home My WebLink About925607 U'4..nJ1~'" {' CJ £../ I JOHNSON & SKABELUND A PROFESSIONAL CORPORATION '. McKAY JOHNSON ..,TEVEN R. SKABELUND 387 WEST CENTER OREM, UTAH 84057 OF COUNSEL B, RAY ANDERSON* .. ¡.. .. i ~...', '. , ;: ~ .; ,..\ ~ . '." ~,.... I ~. ,...;::.... ~....¡~~I ~ ': " '0 TEL: (80 I) 222-9700 FROM SALT LAKE CITY: 328-2240 LECOPIER NO: (80 I) 224-9960 ·^I)MI1TED IN C^LlFORNIA & WYOMING TIllE !V'M-llJ¿r ~(j b {( / MEMORANDUM r-.----NõTÃÃŸPUBüë--'1 I Þ GLENN D PAUL I 1985 E 7000 S I SALT LAKE CITY, UT 84124 I - y"""""""............. 200II I '-_____....?~.2!lJ.!:!!l.___' ~~-- "......,.,\.,.......-#..." March 10, 1992 TO: RENEE M. TOVEY FROM: STEVEN R. SKABELUND RE: RENEE M. TOVEY'S ESTATE PLANNING DOCUMENTS Here is a brief summary of your estate planning documents. Please call if you have any questions or concerns. " 6 \ i/ 1. Family Trust. You are both the Beneficiary and the Trustee. You control all aspects of the Trust, including investments and distributions for your benefit. After you pass away, your named trustee(s) will have full control of all trust properties -- without probate. They will distribute your assets according to your specific instructions. Your Trust is legally known as a revocable, inter-vivos, grantor-type trust. It protects you in at least four ways: (a) Avoids probate and saves time and money in transferring assets to your heirs at death. (b) Avoids conservatorships and saves time and money should you become disabled. (c) Provides a written, documented plan for proper distribution of assets to your heirs. (d) Provides continuous, controlled management in the conservation and transfer of your estate. RECEIVED 12/26/2006 at 3:43 PM RECEIVING # 925607 BOOK: 644 PAGE: 578 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY '\11,.11111 I "110.} "" U ,.. I qUe. v'\Ir , ur I nEi" ORIGINA~DOCUr..~.... ~' r-.----NõTÄRYPUB ~' I _GLENN D PJ..",_ OOr-~";1fD.¡ 002c:'If-::O'7 . 1985E7000S ...J « oJ SIGNATU _ J .....2~:} I ~ SALTLAKECITY,UT84124 I I y Commission Expires Dec. 29. 2OOB.J , State of Utah vb i (. . 'cate of Trust Establishkmrf:-~neëërtIfIë~t;"' of Trust Establishment is simply a synopsis of your Family Trust. It specifies the Successor Trustee(s) and the Trustee Powers. If a bank, brokerage firm or other institution requests a copy of your Trust, which they occasionally do , give them a copy of this certificate. 3, Pour-Over will. to the trustee of your personal representative The will simply "pours" all assets "over" Family Trust. The will also appoints a for your estate. 4. Durable Power of Attorney. with this document, you appoint an attorney-in-fact. If you become incapacitated or unavailable for any reason, then your attorney-in-fact can transact any business or handle any matter or transfer assets to your Family Trust. 5. Living will. "Living will" or Directives to Physicians express your right to a natural death in the event of a terminal illness or injury. 6 . Procedures at Dea th . These forms give instructions as to what should be done at your death. funeral, burial or other instructions as you see fit to this form. step-by-step In addition, may be added FUNDING YOUR TRUST Your Trust works best only if all of transferred to the Trust. The ownership of your legally transferred to tne Trust as follows: your assets are assets should be 1. In General, As you acquire new assets (such as real estate, stocks, bonds, mutual funds, certificates of deposit) you should take title to them in your names as Trustees by using the following language ("U/A/D" means "Under Agreement Dated"): :::~p lULE I\H·~rfl ¡J¡¡'~JJc.. v -- LAST WILL AND TESTAMENT OF 09ZSGO? ooorl!\~O '...Þ.....'; I (I) NOTARY F'U~LIc.; I I GLENN D PAUL I 1985 E 7000 S I SALTLAKECITY,UT84124 I ~''''''''''''''' ..... ""'.... ""J' Stata 01 Utah --....-......-----~--~~ ... ~, RENEE M. TOVEY I, RENEE M. TOVEY, a resident of Utah County, Utah, make, publish and declare this to be my Last will and Testament and hereby revoke all of my prior wills and Codicils. FIRST: Marital Status and Familv. I am single and have four children whose names are BRENDA FORD, TERENCE TOVEY, JERALD TOVEY and MICHELLE TOVEY. All reference herein to my child or children are to them. I do not intend to provide in this will for anyone except as may be specifically set forth in this will and that certain Trust described below. SECOND: Appointment of Personal Representative and Waiver of Bond. I nominate the following to act, in the priority and sequence named, as Personal Representative of this will and of my estate: 1. My four children, named above, with JERALD TOVEY to serve as spokesman; and then 2. Whomsoever my surviving, competent children shall unanimously appoint in writing. If my Personal Representative is unable, unwilling, or ceases to act, the next named nominee shall act instead. CERTIFY THIS TO L.., , "IW¿ COpy OF lliE 002 t:" r" Or-, :::;o~, f2 .~ .~c) 0005&~ INSTRUCTIONS FOR Ul~ , If /ð,MCj a Þ{'G WRITTEN STATEMENTDISPOSING OF .~~ -- TANGIBLE PERSONAL PROPERTY The Utah Probate Code expressly permits the use of a written statement that is separate from your will to dispose of your tangible ,personal property upon your death. To use such a separate wri tten statement you should follow the requirements set forth below: .-........-.---..-----...............--. re WPUBLIC I I ~ · GLENN 0 PAUL .. 1985 e 70006 I 9¡ SALTLAKECITY,UT84124J 1 ~~ y Commission expir.. Dec. 29, 2001 Stale 01 I)t.h '-----......-.................................. 1. For such a separate written statement to be effective, your will must expressly refer to a disposition by separate written statement. 2. The separate written statement should not include items already specifically disposed of in your will. 3. The use of a separate written statement will not effectively dispose of money, evidence of indebtedness, documents of title, interests in real property, securi ties or property used in a trade or business. Common examples of property that may be disposed of by the use of a separate written statement are personal effects, jewelry, family heirlooms, furniture, antiques, art works, books, household items, sporting equipment, automobiles, etc. 4. The statement should be dated and must be signed by you. 5. You should clearly describe each item so that it is easily identified and not confused with another similar item. 6. Each beneficiary should be identified by his or her proper name and relationship to you. The address of the beneficiary should be added if the beneficiary is not closely related to you so that proper identification is assured. 7. You may change the beneficiary or property designated in the separate written statement from time to time or revise or revoke the entire statement. Changes should be made only by preparing a new statement patterned after the form attached hereto. The old statement should be destroyed. Changes should never be made by alteration on the face of an executed statement; your intent will be unclear. 8. The separate written statement should be reviewed periodically and kept up to date. 9. If you move out of Utah, your new state of residence may not reco~nize the separate written statement as a legally binding J.nstrument of disposition. Following such a move you should consult with an attorney in your new state of residence to determine if changes in your will and the use of a separate written statement are advisable in light of the differences in state law. STEVEN R. SKABELUND Attorney-at-Law QÜ"':ÞI::",f"07 -:.1 "4,..;t ,(t AGREEMENT ESTABLISHING THE 0005,r)2 RENEE M. TOVEY FAMILY TRUST THIS AGREEMENT is made this ~ day of April, 1992, by and between RENEE M. TOVEY, hereinafter referred to as the "Trustor") and RENEE M. TOVEY (hereinafter referred to as the "Trustee"). This Agreement establishes the RENEE M, TOVEY FAMILY TRUST for the benefit of the Trustor and then her beneficiaries. ARTICLE ONE Property Transferred to the Trustee The Trustor has paid over, assigned, granted, conveyed, transferred and delivered to the Trustee the property described in schedulel "A," which is, or will be attached hereto and made a part I hereof. The Trustee hereby agrees to hold, administer, and distribute, in accordance with the provisions hereof, the property described in said Schedule and any other property acceptable to the Trustee which anyone may desire to add to the trust. All property initially or hereafter transferred to the trust, including property passing to the trust by the Trustor's Will, hereinafter sometimes is termed the "Trust Estate," ¡ t:;:;; ~ H j' ¡ ¡-II:) i íJ Ui: ii ¡HUt (.;u¡"j w· rrli.: owm:!i1L DOCUMENf. . " Q/l SIGNATUR~ é ..:..~ TITlLf\JD~1 fJv \'),¡ \ '~ r.-----N'õTÃÃŸPüšüC--1 I . BENJAMIN C STEWART I I ... 4 1985 E 7000 S I . SAL TLAKE CITY, UT 84121 I - My C,._,"'...........,,., "" I '------ SIQI$Q'IJI,l.!h.J ............... """""....I!!!!I!!! 09;~ VJ ..II 'I 7 tCERll ' OR1Gl: ~~J~:r~ rnUE COpy O~ THE SI6NA1U~ ~# TITLE & iiJ " . ¿lw/ AIl,/, ( _ ARTICLE TWO 000583 f(t_-i-~^f=-l I 1985 E7000 S I SALT LAKE CITY, UT 84124 I I y Commission Expires Dec. 29, 2008 ------~~.!..~-_.J Family Members At the time of the execution of this Trust, the Trustor is single and has four children whose names are BRENDA FORD, TERENCE TOVEY, JERALD TOVEY and MICHELLE TOVEY. All references to the Trustor's child or children are to them. ARTICLE THREE Provisions for the Trustor Durinq Her Lifetime The Trustee shall hold, manage, invest and reinvest the Trust Estate for the exclusive benefit of the Trustor and shall collect and distribute the income and principal as follows: 3.1 Distributions Upon Request. During the Trustor's lifetime, the Trustee shall pay to or apply for the benefit of the Trustor as much of the net income and principal of the Trust Estate as the Trustor may request from time to time. 3 . 2 Distributions Bv the Trustee. Our ing the Trustor's lifetime, the Trustee shall also pay to or apply for the benefit of the Trustor such sums from the income and principal of the Trust Estate as shall be necessary or advisable from time to time to provide for her medical care, happiness, comfort and welfare. 2 0925(,07 distribute to such Beneficiary all of his or her share, 0005t}1 respectively, free of this Trust, 6.4 contingent Beneficiaries, After division into shares pursuant to Paragraph 6.1, and upon the death of a Beneficiary hereunder prior to final distribution of such Beneficiary's share, the undistributed balance of such Beneficiary's share shall be allocated by representation to his or her then living issue. Any distribution to any such contingent Beneficiary shall be made according to the provisions of Paragraphs 6.2 and 6,3 above. If there should be no surviving Beneficiaries with respect to any portion of the Trust Estate, the Trustee shall distribution the same to the Trustor's heirs at law, pursuant to the laws of intestate succession then existing in the state of Utah. ,r.-Ñm;;YPUSiië--', '_ GLENN D PAUL 1985 E 7000 S 'I SALT LAKE CITY, UT 84124 " Commission expires Dec. 29, 2008 of Trustee '4- State 01 Utah .J .........~-....._~---- SEVEN , CERTIFY 'O'IIS TO BE A TRUE COpy OF THE ORIGINAlDO,CUMENT. ~, AR~ICLE SlGNATU!.-- ~ Appointment T'TL~ 11/t.7/~ 1".1 fJu b t. ú J7.1 Appointment, Trustor hereby nominates and appoints RENEE M. TOVEY as the initial Trustee of this Trust, 7.2 Appointment of Successor. (a) Upon the death, incapacity, resignation or discharge of the initial Trustee, then the Trustor's four children shall serve as Successor Co-Trustees, with JERALD TOVEY to act as spokesman. Decisions are to be made by majority vote. (b) Any Trustee or Successor Trustee may resign by instrument in writing. 5 0925607 0005~5 could then be made directly to or for such Beneficiary. This authority shall be liberally construed to permit payments reasonably necessary to ease the financial burden on such person and such person's family resulting from the accommodations of such Beneficiary, 10.4 Spendthrift Provisions. Except as otherwise specifically provided herein, no interest in the principal or income of the trust shall be anticipated, assigned, encumbered, or subject to any creditor's claim or to legal process prior to its actual receipt by a Beneficiary. 10.5 Division of Trust Property. There need be no physical segregation or division of the trusts created hereunder, except as such segregation or division may be required by the express terms of this Agreement or by the termination of any of the trusts created hereunder, but the Trustee shall keep separate accounts for the different trusts. The Trustee may hold or invest the assets of any of the trusts as undivided common interests. In any case in which the Trustee is required to set aside, divide, transfer, or distribute any trust property, the Trustee is authorized, in the Trustee's discretion, to make the set aside, division, transfer, or distribution, on a pro rata or non pro rata basis, in kind, including undivided interests in any property, or partly in kind and partly in money, at fair market valuations at the date or dates of set aside, di vision, transfer, or distribution. For this purpose, the Trustees may make such sales of trust property as the Trustee deems necessary. , CERTIFY lli/S TO BE A TRUE COpy OF THE ORIGINAL DOCUMENT. --7 - '7) SIGNATURE.. ~~ ~ '~'n._. _ 1ffif ;J.~) a k {. è =: 14 re-----ÑOTARYPüBüë-., , GLENN D PAUL I 1985E7000S' .. SALTLAKECITY,UT84124 I - y eo_,.._ _....... J ------2~~~__.J O-·.Þetf'"07 0-.,:]"",,, .,2 Ü OOO!;t~G That this Trust Agreement is approved in all particulars; and That this Trust Agreement is accepted and effected as of the day and year first above written, TRUSTOR AND TRUSTEE: STATE OF UTAH SSe COUNTY OF UTAH On the ::r- day of April, 1992, before me, personally appeared RENE~OVEY personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same as Trustor and Trustee. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal. N01'AR't PU8UC STEVEN R, SKABELUND 387W1st~ 0rIm. \ÞI ....... My Commission &IlIa: 4-1-94 Stale 01 Utah I CERTIFY 1}nS TO BE A TRUE COpy Of THE ORlGINAlOOCUMOO. ". . &,',: SJG~~ " 1IIŒ . /\Io~ P. b I,·Ç,.~ , ,"~~~ r .....----- I. -~TÄÃŸPüãÜC--, . GLENN D PAUL ,.. 1985E7000S' ~ SALTlAKECITY UT84124 I - y """""""'''''' 0... ... """ I '---__ State of Utah I ----------1 18 9-->1::' f.~O' 7 O.p.~ .2\;,,) AFFIDAVIT OIl"t¡·n.r-'~"7 'V'U'~.b',) All assets owned by me as Trustor of the RENEE M. TOVEY FAMILY TRUST, which are not transferred into this Trust through a formal document, such as a deed or stock power, are hereby a part of my family trust. This includes such items as promissory notes, trust deeds, automobiles, household furnishings, tools, equipment, etc. Such properties shall be disposed of as set forth in the RENEE M. TOVEY FAMILY TRUST. Notwithstanding the above, items of personal tangible property shall be distributed as set forth in the Memorandum of Disposition of Personal Property as allowed by my Last Will and Testament. ~C-C-e_ À~{. ~~ RENEE M. TOVEY STATE OF UTAH ) . ss, ) COUNTY OF UTAH Subscribed and sworn to before me, a Notary PUblic, this ..::;;;;;.--.- day of April, 1992. I CERTIFY THIS TO BE ORIGINAL DOCUMENT~ TRUE COpy OF THE SIGNA1U~ ~.47 1TIl.L. !JL -i"j 4, /; /ì c _" r.------___ I NOTARY PUBüë--, '''.. GLENN D PAUL I . . SALT 1985 E 7000 S ! - V__~~~~24 / ----___Sfaf.of UtQI¡ , 08-1 ----- 19 889298 RECE IVED LINCOLN COUNTY CLERK (\') n,DP 11 n'~ 10: 4 1 J..J ~!! " t ; I I . OI(}'~)I r::" f~ 01 I"'j" ..:5, -4....¿ ,J fl Onl""'::~''''P o .'\ì..I..'þi"O -.1 F .L, ~'.; ~:'-.: ;":.:' . ..~ I", -. ," ,,1\-\:', - ~.: :. " , " . 6~ ' , B00I51B_PR PAGE 0 0 A298-10 R298-04 .... QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this 'fJ. day of lIrV"~ \ by fIrst party, Grantor, J e,.v(..\l\c..e 5 I I 0 vc-{ whose post office address is ?, 0 I 150 X z (P gz. \ , 2.003 (year), S,L, c. U+. gtf!¿Le to second party, Grantee, X~I1~~ 111. -¡;;V-r:.,( ... ~.'i~k\.; 85 Pl ~(lt1Td-e t-Zv-vJlk.e :IF ¡olD .i..t..~,eilr~, _4jm'üœ,~tIt 'iiI!!.:,"':',':''; L /' I 'I \ C.>LL /2. \ Iff ¡.¡¡. ~tATU ,YTO !XHA.t!.IAI '. ,..~ "', .~ . . L.,.. '-" '"t'". 0 -, imíJ~-\ìS·t ftX:1 J;..~M03 '. ',~..;~ ' wrrN~ssß'1'Jl, -'f1Ïâf the said first party, for good consideration and for the sum of ~ Dollars ($ / I 4Øo ) paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances there- to in the County of LincolN , State of W~ðn'\\~ to wit: PlA-i *s- svR Lo + :ii:' 12-0 ðn........ (1 ) Rev. 4199 Oðb:J;¿;~~ 'r~etC'07 09 t'~ ,;.2 'û 06 7 0005,~9 IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: Signature of Witness Print name of Witness Signature of First Party Signature of Witness Print name of Witness Print name of First Party State of Utah County of Salt La k e On April 4, 2003 before me, appeared Terence S, Tovey personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. S~t~D\ 'f{). tì-\\~d- Signatur of Notary A Type of ill State of County of On before me, appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher/their authorized capacity(ies), and that by hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, (Seal) Signature of Notary Affiant _Known_Produced ill Type of ill (Seal) Signature of Preparer Print Name of Preparer Address of Preparer · ""'t"'II'U; III ,.,rormaIlO" 011 IhlS 'órm IS Ilmlteu und'll'r Ihe·V"IISlilllstk:sAt:1 and Rules. LOCAL FILE '"N!\ME"O~ .lJECE v/.Pt"p, !'"~ut:ï-t\r\ IIVICI'4 I vr nCML I n , "',eATEOF DEATH 7