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HomeMy WebLinkAbout877108 ,., I: I.: 1::. 13 IN RE, THE ESTATE OF: NORMA ETHEL HINCKS, AFFIDAIVIT OF DISTRIBUTION PURSUANT TO W.S. § 2-1-201(c) Deceased. STATE OF NEVADA County of Clark I, LEN J. H1NCKS, being first duly sworn, do hereby state as follows: (1) I am an adult, competent to te-stify, and a surviving heir in the above captioned action; (2) I make the following affirmations based upon my own best information, investigation, and beliefs, and in accordance with W.S. § 2-1-201; (3) The value of the entire probate estate of NORMA ETHEL HINCKS, the above named ,&' Decedent, less liens and encumbrances, does not exceed seventy thousand dollars ($70,000.00); (4) NORMA ETHEL HINCKS, the above named Decedent, passed away on the 1st day of August, 2001, in the City of Alton, County of Lincoln, and State of Wyoming. See Attached Exhibit "A "' State of Wyoming Certificate of Death for NORMA ETHEL HINCKS; (5) No application for appointment of a personal representative is pending or has been granted in any jurisdiction; (6) Pursuant to Article 2, Section 2, of the Last Will and Testament of NORMA' ETHEL HINCKS, the above named Decedent, the residue of the estate of NORMA ETHEL 'HiNCKS, the above named Decedent, is to be distributed amongst her children, EVVA DEVERAUX, JOEANN GUDMONDSON, and LEN J. HINCKS as they shall agree. See Attached Exhibit "B ": Last Will and Testament of NORMA ETHEL HINCKS; (7) At the time of her death, NORMA ETHEL HINCKS, the above named Decedent, possessed the title to that certain 1975 Buick 4 door sedan, V.IN 4H29J5Z 122, 211 (H29). See Attached Exhibit "C": Vehicle Title; and AFFIDAVIT OF DISTRIBUTION PURSUANT TO W.S. § 2-1-201(c) Page- 1 of 2 (8) Pursuant to W.S. § 2-1-201(c), the Lincoln County Clerk is hereby requested to transfer the title to that certain 1975 Buick 4 door sedan, V1N 4H29J5Z 122, 211 (H29) to JOEANNE GUDMUNDSON, pursuant to the agreement of her siblings. FURTHER AFFIANT SAYETH NAUGHT. Datedthis ~,.~r~l.[x dayof (..i'TC.~:~e<.~'~ ,2001. L~.X~os,.~-r~fc~.O,~· , - ._ 555 SilveracI'[b-il[anch Boulevard, No. 2007 Las Vegas, Nevada 89123 STATE OF NEVADA } SS. COUNTY OF CLARK } The foregoing Affidavit Of Survivorship Pursuant To W.S. § 2-1-201 (c), was.subscribed, sworn to and acknowledged before me by LEN J. H1NCKS, Affiam, on this 2'/. q". L~- day of ~/'~(5.V~)/~ j~ ,2001. Witness my hand and official seal.  ---~""K"~ETH L. BATEi3 [ Appointment Recorded in Clark County ~ MY APPOINTMENI' ~PIRES' JAN 25, 2~J ; No{}r~ P~blic ~or th~st~}N~v~a [SEAL] My Co~ission Expires: AFFIDAVIT OF DISTRIBUTION PURSUANT TO W.S. § 2-1-201(e) Page - 2 of 2 OF NORMA ETHEL HINCKS I, Norma Ethel Hincks, of Grover, Lincoln County, Wyoming, make this Will and revoke all of my prior wills and codicils. ARTICLE ONE MY FAMILY The names of my children are: Evva Deveraux, born April 20, 1937 JoeAnn Gudmundson, born March 25, 1946 Len J. Hincks, born July 4, 1956 Ail references to my children are to them, as well as to any children subsequently born to, or legally adopted by, me. ARTICLE TWO DISTRIBUTION OF MY PERSONAL EFFECTS S~ction i. Personal Memorandum If permitted under the laws of Wyoming, I give all of my tangible personal property including, money, jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of art, books, boats, automobiles, all artifacts relating to my hobbies, and all other articles of household or personal use, in accordance with any written, signed, and dated memorandum left by me which directsthe distribution Qf my personal effects. Should I leave multiple written memorandums which conflict as to the disposition of any item of my tangible personal property, that memorandum which is dated las~ shall control as to any items which may be in conflict. Section 2. Distribution of Personal Effects to Family All of my tangible Personal property not distributed by memorandum shall be distributed equally among my children. My children shall divide the property among them as they shall agree. My personal representative may select the share for any child who is under any form of legal disability; he shall be· mindful of the desires of my child when making such selections. Page 1 of 4 If my children fail to agree as to the division of any property, within a reasonable period of time, my personal representative may either divide the property equally among my children, or sell the property and divide the proceeds equally among them. Any decision made by my personal representative with respect t~ either the selection or sale of my property shall be final and! binding on my children. ARTICLE THREE The Remainder of My Property Section 1. Pour-Over to My Living Trust The Remainder'of my property shall by distributed to: Norma Ethel Hincks and Len J. Hincks, Trustee, or their successor in trust, under the Norma Ethel Hincks Living Trust, and any amendments thereto, dated April 3, 1985. Section 2. Alternate Disposition If my living trust is not in effect at my death, I give all of my real property which includes the house and lot in Grover, Lincoln County, Wyoming to my son Len J. Hincks. All the remaining ~ersonal property shall be divided equally among those of my descendants, per stirpes, who survive me by thirty days. If none of my descendants survive me by thirty days, I give all of my property to my heirs at law according to the laws of descent and distribution in the state of Wyoming. ARTICLE FOUR Powers of My Personal Representative My personal representative shall have the power to perform all acts reasonably necessary to administer my estate, as well as any powers ~set forth in the statutes in the state of Wyoming relating to the powers of fiduciaries. ARTICLE FIVE Payment of Expenses and Taxes and Tax Elections Section 1. Cooperatin~ with the Trustee of My Living Trust I direct my personal representative to consult with the trustee of my living trust to determine whether any expense or tax shall be paid from my trust or from my estate. Page 2 of 4 Section 2. Manner of Payment and Tax Elections All taxes, other than any generation-skipping taxes, imposed as a result of my death which are not paid by the trustee of my living trust shall be paid from my estate without apportionment, and without contribution from any person. My personal representative, in his sole and absolute dispretion, may exercise any available elections with regard tO any state or federal tax laws. My personal representative, in his sole and absolute discretion, may elect to have all, none, or part of the property comprising my adjusted gross estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b) (7) of the Internal Revenue Code of 1954, as amended. My personal representative shall not be liable to any person for decisions made in-good faith under this Section. ARTICLE SIX Appointment of Personal Representative I appoint the following person to be my personal representative: Len J. Hincks. If the above named person cannot act, or is unwilling to act, I appoint the following persons to be replacement personal representative(s) in the order in which their names appear: Evva Deveraux JoeAnn Gudmundson I direct that my personal representative not be required to furnish bond, surety or other security. I have initialed all of the pages of this Will, and have signed it on April 3, 1985. NORMA ETHEL HINCKS The foregoing Will was, on the day and year written above, published and declared by the Testatrix in our presence to be her last Will, ih her presence and at her request, and .in the presence of each other, have attested the same and have signed our names as attesting witnesses. Page 3 of 4 We declare that at the time of our attestation of ·this Will, the Testatri.x was, according to our best knowledge and belief, of sound mi~d and me~y~ and under no undue duress or constraint. L~ 'u W~tne~s~-'~c'-' ' ~ ' ~ AddB~ss Witness STATE OF WYOMING ) ) ss. COUNTY OF LINCOLN Subscribed,.sworn to and acknowledged before me by Norma Ethel Hincks, the testgtrix, and subscKibed and swor~ to before me by ri ~itnesses, this 3rd day or p , · ~r N6TARY PUBLIC My commission Expires: Page 4 of 4 186 ~v~ oe wvo~,~ No. 12 76528 OFFIC~ OF ~OUN~ CLKRK LINCOLN COUN~ $2.00 DESCRIPTION OF VEHICLE Buick ' ~.= 1975 V.LS ....~g9J5Z 122,211 s~lvo~hip and not SPACES. BELOW FOR COUNTY CL~K USE ONLY FIRST LIEN Nature of Lien ...................... Amount .............. Date of Filin~___- Lien Holder ..................................... Address ........................................ Clerk'e Si~mature--~ ............................... By .................................... Dalmty Above lien discharged from County Clerk's Records. Date of Discharge .............................. Clerk's Si~m~ture ................................. By .................................... Deputy SECOI~D LIEN Nature of Lien ...................... Amount .............. Date of Filing ........................ Lien Holder ..................................... Addre~ ........................................ Clerk's Signature ................................. By .......... = ............... i ....... .__ Deputy Above lien discharged from County Clerk's Records. Date of Discharge___z ...... ~ ................... Clerk's .SiEnature_---'- ................... - ......... By ................................... Dapaty THIRD LIEN Nature of Lien ........ _L ............ Amount ............... Date of Filing ......... = .............. · Lien Holder ............................... = ..... Address .... - .................................... Clerk's Sih-nature--= .......... 7--7 ................. By .................................... Deputy Above lien discharged from County Clerk's Record~ Date of Discharge .............................. Clerk's SiEnature .................................. By .................................... Deputy CERTIFICATE I, - .......... ALAN E. ZIEGLER ........... County Clerk__--£ .... LINCOLN ......... County, Wyoming, do certify that the above applicant has stated under oath that he is the owner of the above described motor vehicle and that such motor vehicle, is subject to the liens listed above and no others. I hereby certify that reasonable diligence Baa been exercised in ascertaining that the facts stated in the application for a Certificate of Title are true, and that this instrument was filed for record on the. ___~_~_~_~_L__day of_ June ,19_~_, at ___~:_(~O____o'clock_J~._M., and duly recorded in Book__73 ....... pa~e_Z6_fi2_8__, of the records of this' office. IN WITNESS WHEREOF, I have hereunto caused this Certificate to be siEned and the official seal of this office to be placed thereon. (SEAL) II ~ PLAINTIFF'S I 12- 76528 ~ Alan E. Zlegler_ ___ '"~'~~T~"~-~W..J-- .............................. County C%rk L (Do not slier or lose thl: C. ertlf tale a~ It must be presented at the C,unty Treesurer'~ office when procuring ,motor vehicle Ilcens~ ~nd must be used In making a sale or trens~er. When Tltlo Is tremferred, eppllc&tlon fo~ new certificate must be mede to n Count,/ ~/~('U?" '"':" C:le~k within ten days after the esMgnment on the reverse ~lde hereof executed.) ' Section 2. Manner of Payment and Tax Elections All taxes, other than any generation-skipping taxes, imposed as a result of my death which are not paid by the trustee of my living trust shall be paid from my estate without apportionment, and without contribution from any person. My personal representative, in his sole and absolute discretion, may exercise any available elections with regard to any state or federal tax laws. My personal representative, in his sole and absolute discretion, may elect to have all, none, or part of the property comprising my adjusted gross estate for federal estate tax purposes qualify for the federal estate tax marital deduction as qualified terminable interest property under Section 2056(b) (7) of the Internal Revenue Code of 1954, as amended. My personal representativ~ shall not be liable to any person for decisions made in good faith under this Section. ARTICLE SIX Appointment of Personal Representative I 'appoint the following person to be my personal representative: Len J. Hincks. If the above named person cannot act, or is unwilling to act, I appoint the following persons to be replacement personal representative(s) in the order in which their names appear: ! Evva Deveraux JoeAnn Gudmundson I direct that my personal representative not be required to furnish bond, surety'or other security. I have initialed all of the pages of this will, and have signed' it on April 3, 1985. NORMA ETHEL HINCKS The foregoing Will was, on the day and year written above, published and declared by the Testatrix in our presence to be her last Will, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. ~age 3 of 4 We declare that at the time of our attestation of this Will, the Testatrix wa~ ~ccording to our best knowledge and belief, of sound mi/%d/l and ,m~;~ and under no undue duress or constraint. ~' W~tne-Ss'~--' ' ,~ ' - ~ Add:~ss Witness ~ ' A~dress STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN Subscribed, sworn to and acknowledged before me by Norma Ethel Hincks, the testatrix, and subscribed and'sworrL, to before me by witnesses, this 3rd day o.f April, 1985. ~- ~TARY PUBLIC My commission Expires: Page 4 of 4 ST^TE OF W,OM'.G NO. 12 ---- 76528 OFFICE OF COUNTY CLERK KEMMERER, WYOMING $~.00 Da~ June DESCR~TION OF VEHICLE Issued Buick ~ 1975 .,~, ~H29J5Z 122~211 Dr. Colon. waei~[a =~ .., Century Cue Y~ 4680 ~ivo~hip an~ not ~ O~er H~cks~ L~n or Norma k ~ VEHICLE SUBJE~ TO THE FOLLO~G L]~S ~D NO SPAC~ BELO~ FOR COUNTY CLUE USE ONLT FIRST LIEN Nature of Lien ...................... Amount .............. Date of Filing ................... . ..... Lien Holder ..................................... Addre~ ........................................ Clerk's Signature ................................. By ....... [ ............................ Dalmt7 Above lien discharl~ed/rom County Clerk's Recor(h~ Date of Discharge .............................. Clerk's Signature ................................ BF .................................... Deputy SECOND LIEN Nature of Lien ...................... Amount .............. D~te of lq!i-g ........................ Lien Ho]der ..................................... Addre~ ....................................... Clerk's fli~nature By. Deputy Above lien discharged from County Clerk's R4~ord~ Date of Discharge .............................. Clerk*s .. Signature .... ' ............. ' By ................................... Delm~ TIilIiD T,T~N Nature of Lien ...................... Amount .............. Date of Filiu~ ........................ Addres~ .... L ................................... Lien Holder ..................................... BE .... ' ................... ~ ........... Deputy Clerk's .qignature ......... - ........................ Above lien discharged from county. Clerk's Records. Date of Diachari, e .............................. Clerk's .qiimature .................................. BY .................................... Deputy CERTIFICATE I ........ '___ ALAN E. ZIEGLER v .......... County Clerk__--2 .... LINCOLN ......... County, Wyoming, do certify that the above apphcant has stated under oath that he is the owner of the above described motor vehicle and that such motor vehicle is subject to the liens listed above and no others. I hereby certify' that reasonable dilitrence has been exercised in ascertaining that the facts stated in the application for a Certificate of Title are true, and that this instrument was filed for record on the. re~orded in Book_73 ....... ra _7_6fia8 o~ the records of this. office. IN WITNES.~ WHEREOF. I have hereun-t'~ caused this Certificate to be signed and the official seal of this office to be placed thereon. (SEAL) of alter or me this C~rtlflrste ~s It mull be I~eeented a! the County Treasurer's office when procuring motor vehicle Ilcen~ --- I at"ter the i~lgnmenf on the revs,Il lido rllreor ixecu/e<l I