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Home My WebLink About877109 IN RE. THE ESTATE OF: ....... ~'~' NORMA ETHEL HINCKS, AFFIDAIVIT OF DIST~BUTION Deceased. PURSUANT TO W.S. ~ 2-1-201 STATE OF NEVADA } .... County of Clark } ':~ 0OK_:Ak~t:..~,._pR. PAGE -! !J (} I, LEN J. HINCKS, being first duly sworn, do hereby state as follows: (1) I am an adult, competent to testify, 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 Aflon, County of Lincoln, and State of Wyoming. See Attached Exhibit "A "' State. of Wyoming Certificate of Death ./b'r NOR&iA 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 ~Yill and Testament of NORMA ETHEL HINCKS; and (7) Pursuant to W.S. § 2-1-201, all individuals and/or entities which are indebted to, or which possess assets titled in the name of, NORMA ETHEL HINCKS, the above named Decedent, are hereby requested, when presented vzi. tha copy of this Affidavit of Distribution, to satisfy such debts and/or distribute and transfer such assets to EVVA DEVERAUX, JOEANN GUDMONDSON, and LEN J. HINCKS, according to their written instructions. AFFIDAIVIT OF DISTRIBUTION PURSUANT TO W.S. § 2-1_201 Page - 1 of 2 FURTHER AFFIANT SAYETH NAUGHT. Dated this ~.~Pt,k. day of (~,~_':k~_..~h . _, 2001. IS"55~Siive~ra~°d~?~nch 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, was ~ubscribed, sworn to and aqknowledged before me by LEN J HINCKS, Affiant, on this~ day of ,200 , ' Witness my hand and official seal', ~ K NNETH L. BATES' -] i '~'~'~:~?*' MY APPOINTMENT EXPIRES JAN 25, 20~[ I ........ ,,, ~&ary Public for the ~ of Nevada [SEAL] My Commission Expires: ~C- AFFIDAIVIT OF DISTRIBUTION PURSUANT TO W.S. § 2-1-201 Page - 2 of 2 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 All 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 Section 1. Personal Memorandum If permitted under the laws of Wyoming, I give all of my tangible persohal property including, money, jewelry, clothing, household furniture, furnishings and fixtures, chinaware, silver, photographs, works of a~rt, 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 directs, the distribution of 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 last 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' a~y 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 ~_/l ~ i 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 to either the selection or sale of my property shall be final and binding on my children. ARTICLE THREE The Remainder of My Property Section ]. 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 personal property shall be divided equally among those of my descendants, per stirpes, wh'o 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 representat%ve shall have the power to perform all acts reasonably necessary to administer my estate, as well as any powers set forth in thee statutes in the state of Wyoming relating to the powers of fiduciaries. ARTICLE FIVE Payment of Expenses and Taxes and Tax Elections Section 1. Cgoperating~with the Trustee of My Living Trust I direct my personal representative to Consult with the trustee of my li~ing 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 discretion, may exercise any available elections with regard t~ 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 ~ppointment of Personal Representative I appoint the following person to be my personal representative: Len J. Hincks. I.f the above named person cannot act, or is unwilling to act, I appoint the follow~.ng 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, i 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 Testatrix wa~ ~ccording to our best knowledge and belief, of sound' mi~d/l and m~ and under no undue duress or constraint. Witness 0 ' A~dress STATE OF WYOMING ) ) SS. COUNTY OF LINCOLN ) Subscribed, .sworn to and acknowledged before me by Norma Ethel Hincks, the test/trix, and subscribed and sworn, to before me by ,~,~,, ~, ,', z. ~.,,-,4,,,,'~'~ ~.7.-.,-, and .,/~,',.~ i ~' z~J,,'f.- '.., ~ Witnesses,' this 3rd day of April, 1985. ' My commission Expires: be':