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HomeMy WebLinkAbout962250STATE OF WYOMING SS. COUNTY OF LINCOLN pursuant to Wyoming Statutes 2 -1 -201, which authorizes Affidavits of Distribution, as follows: An official copy of the Certificate of Death of James Leon Langston is attached hereto. dated August 12, 1996 is attached hereto. requirements of Wyoming Statutes 2 -6 -114 and is therefore, a self proving will. 4. That the Last Will and Testament of James Leon Langston names James L. Langston and Colleen Langston, Trustees, or their successors in trust, under the Jim Colleen Langston Living Trust dated August 12, 1996, and any amendments thereto, as the beneficiaries of his estate. A copy of the relevant portions of the Trust are attached hereto. hereby state: AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF JAMES LEON LANGSTON COMES NOW Colleen Langston, after being sworn and under oath, hereby stating 1. That James Leon Langston, a resident of Etna, Wyoming, died on July 10, 2011. 2. That James Leon Langston died testate. A copy of his Last Will and Testament, 3. That the Last Will and Testament of James Leon Langston complies with the 5. That, in accordance with the requirement of Wyoming Statutes 2- 1- 201(a), I AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF JAMES LEON LANGSTON PAGE 1 OF 4 RECEIVED 12/7/2011 at 11:00 AM RECEIVING 962250 BOOK: 777 PAGE: 564 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 00564 00565 a. That the value of the entire estate of James Leon Langston, wherever located, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars ($200,000.00). Langston. b. That Thirty (30) days have elapsed since the death of James Leon c. That no application for appointment of a Personal Representative is pending or has been granted in any jurisdiction. d. That pursuant to the Last Will and Testament of James Leon Langston, I as, the sole Trustee of the Jim Colleen Langston Living Trust dated August 12, 1996, and any amendments thereto, am the beneficiary of his Estate. There are no other persons or entities having a right to said assets under probate proceedings. 6. That as beneficiary of the Estate of James Leon Langston, I hereby request that the following assets belonging to James Leon Langston be transferred to "Colleen Langston, Trustee of the Jim Colleen Langston Living Trust dated August 12, 1996, and any amendments thereto a. 1985 Chevrolet Pickup VIN No. 3GCCW8OHXFS923586, currently titled in the names of "James or Colleen Livingston, as Joint Tenants with Right of Survivorship and Not as Tenants in Common The original Certificate of Title is enclosed with this Affidavit. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF JAMES LEON LANGSTON PAGE2OF4 b. 1988 Chevrolet Pickup VIN No. 2GCDK14K2J1114259, currently titled in the name of "James Langston The original Certificate of Title is enclosed with this Affidavit. c. 1989 GMC Pickup, VIN No. 2GTFC29K6K1565135, currently titled in the names of "James L. Colleen Langston to "Colleen Langston, Trustee of the Jim Colleen Langston Living Trust dated August 12, 1996, and any amendments thereto The original Certificate of Title is enclosed with this Affidavit. d. 1991 Chevrolet Pickup, VIN No. 1GCEK14ZOME196318, currently titled in the name of "James L. Langston An original Warranty Notarization Statement and an original Title Application are enclosed with this Affidavit. e. 1991 Jayco House Trailer VIN No. lUJAJO1F4M1BM0088, currently titled in the name of "James and /or Colleen Livingston, as Joint Tenants with Right of Survivorship and Not as Tenants in Common The original Certificate of Title is enclosed with this Affidavit. DATED this 21 day of October, 2011. ON THIS, the 211 day of October, 2011, Colleen Langston, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF JAMES LEON LANGSTON PAGE 3 OF 4 60566 Distribution are, to the best of her knowledge, information, and belief, true and complete. WITNESS my hand and official seal. M KEVIN VOYLES NOTARY PUBLIC County of State of Lincoln Wyoming My Commission Expires: July 16, 2015 My Commission expires: 7 /6 w AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF JAMES LEON LANGSTON PAGE 4 OF 4 00567 i1 t l CERTIFICATI VITAL RECORD TYPE OR` PRINT IN PERMANENT BLACK INK DECEDENT IF DEATH OCCURRED IN INST 'UTtON: SEE:HANDBOOK REGARDINO.. COMPLETION:OF .:RESIDENCE ':ITEMS' la. DECEASED -NAME (FIRST,MIDDLE,LAST,SUFFIX) James Leon LANGSTON 3b. CITY, TOWN,OR LOCATION:OF.DEATH WiiinefrtlICca S. RACE White: (Specify) 9a. STATE OF BIRTH (If not U.S.A., name country) Arkansas T3.. SOCIAL:SECURITYNUMBER 15a. RESIDENCE STATE Nevada 15b. COUNTY Humboldt 16. FATHER NAME (First Middle Last Suffix) Elisha. LANGSTON .1:ea. INFORMANT NAME (Type or Print) Colleen LANGSTON 19a.:EURIAL,;CREMATION, REMOVAL, OTHER (Specify) •Removal /Cremation 20a FUNERAL DIRECTOR SIGNATURE (Or Person Acting as Such) GARY 'COWGER .1. SIGNATURE AUTHENTICATED 28e, ACC., SUI.CIDE:HOM.; UNDET. OR PENDING INVEST. (Specify) 28e. I NJU RY. AT W ORK!(Spesify Yes or No) 3c. HOSPITAL OR OTHER INSTITUTION Name(If not either, give street. and number) 5086 Jacobsen Drive 6. Hispanic Origin? Specify. No Non- Hispanic 9b. CITIZEN OF WHAT:COUNTRY United States 10.EDUCATION 12 7a. AGE -Last birthday (Years) 75 14a. USUAL OCCUPATION (Give Kind of Work Done During Most of Working Life, Even If Retired) Locomotive Engineer 286;.:DATE.OF INJURY (Mo /Day/Yr) 15c CITY, TOWN :OR LOCATION Winnemucca 1,80. MAILING ADDRESS (Street or R.F.D. No, City or Minn; State, Zip) 5086Jacobsen Drive Winnemucca, Nevada 89445 19b. CEMETERY, OR °CREMATORY -,NAME La Paloma Funerai:Seryices 20b. FUNERAL DIRECTOR LICENSE 13 214:10 the:best of my knowledge, deeth:occurred at the time, datesand place arid due to the cause(s) stated: (Signature Title) U m m Era' 21b. DATE ,SIGNED (Mo /Day(Yr)" U z ro H (Type or Pnng 21c. HOUR OF DEATH, 21d. NAME OF- ATTENDING RHY.SICIAN IF OTHER THAN CERTIFIER p o 22d. PRONOUNCED DEAD (Mo /Day/Yr) I'_ e July:10, 201.0 15d. STREET AND NUMBER 5086 Jacobsen.Drive: E m:. o w U alp 22b. DATE SIGNED (M0 /Day/Yr) July 11,2010,:: 2. DATE OF DEATH (MO/Day/Year):_ July 10, 2010 24a::REGISTRAR (Signature)`, CHRISTINA GRIFFITH SIGNATURE A.IJTHENTJCATED:, 7b. UNDER 1 YEAR MOS:I DAYS 230. NAME AND:ADDRESS OF CERTIFII=R (PHYSICIAN; ATTENDING:PHYSIC(AN, MEDICAG:EXAMINER;IOR CORONER) (Type or Pdnt): Mary. Orr PO Box 843 Winnemucca NV .89446 24b. DATE RECEIVED BY REGISTRAR.`: (Mo/Day/Yr) July 14, 2010 14b: KIND OF BUSINESS' OR INDUSTRY Railroad PART II OTHER SIGNIFICANT CONDITIONS Condition's contaibuting to death but not resulting (n;the underlying' cause given'in Part 1. 28e. HOUR OF INJURY 28f:: PLACE OF:INJURY- At home,.farm, street, factory,.office building, etc; (Specify) 7c. UNDER 1 DAY HOURS MINS 26 :..AUT.O.PSY (Specify Yes;or No)''; °■o 3a: :COUNTY OP DEAFI-1 Humboldt 3e.lf Hosp.er Inst. indicate DOA,OP /Emer. Rm. Inpatient(Specify) Home 4. SEX: Male 8 DATE OF BIRTH (Mo /DayNr) ;July 28,:1934 11. MARRIED, NEVER MARRIED; WIDOWED,, DIVORCED (Specify) mated 12. SURVIVING::$POUSE (if:wife „g(ye maiden name): Colleen .CLARK;:. Ever.in US'Armed' Force No 15e. INSIDE CITY LIMITS (Specify Yes Of No) :Yes 17. MOTHER NAME (First Middle Last '.Suffix) ,'f bertha HENDRICKS 19o.:LOCATION City or Town State Las Vegas:'Nevada: 20c. NAME AND:ADDRESS OF FACILITY Lovelock:'Funeral Home. PO BOX 96 Lovelock; NV 89419 TRADE CALL NAMEAND`.ADDRESS 22a; On the basiSef exam)nationand /or inves igation, in my opinion death occurred at, v the Urns, 'date and :plaoe and due to the cause s) stated (Signature &'Title) o MARY .ORR SIGNATURE AUTHENTICATED 22c, HOUR OF DEATH 1 22 :,00 22e. PRONOUNCED DEAD. AT (Hour): 22:00 2311 LICENSE NUMB H244.: 24c. DEATH DUE TO. COMMUNICABLE,DISEASE YES':.Q NO 26. IMMEDIATE CAUSE (ENTER ONLY ONE CAUSE PE R LINEFOR (a),:(b); AND (c).) PART :I' Respiratory Failure DUE TO, 'DR: AS AI CONSEQUENCE OF;. (b) Alzheimers Disease (c):: (d) :DUE TO, ORASA CONSEQUENCE OF: DUE TO, OR ASIA CONSEQUENCE OF: 'Interval between onset and death' 12 Hours Interval between :onset:and death:::: 8.Years" ;ioterval:between onset:'and.deeth Interval between onset and death 27. WAS. CASE REFERRED TO CORONEFt::(Speclfy or No) Yes 28d. DESCRIBE HOW INJURY OCCURRED 28g. LOCATION STREET OR, R.F.D. No.; CITY OR TOWN STATE PARENTS IS POSITION RADE CAL).: CERTIFIER. REGISTRAR :CAUSE :C,F DEATH .CONDITIONS IF WHIOH F.GAVE: WSE TO C .:IMMEDIATE :OUSE: Sti'AttING THE UNDERLYING .CAUSE LAST to m MZM rn tit P DE DATE ISSUED; PARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF HEALTH 0 VITAL STATISTICS CERTIFICATE OF DEATH STATE REGISTRAR CERTIFIED COPY "OF :VITAL RECORDS This is a true and exact reproduction of the document offlOiailyregistered and placed on Ole in, the office of the State Registrar and Vital Records. T 01105/2011 This copy is not unless prepared on engraved border displaying date, seal and signature of Registrar. SIGNATURE AUTHENTICATED 2010010197 STATE FILE NUMBER 4�- v. VRS- Rev 20100216';1 rr OF IV OFFICE of els 9 .REGISTRAR and VITAL d )W sPCOROS .v ALlH' 0 oni EvaD This LAST WILL prepared for JAMES L. LANGSTON Randall J Holmgren Holmgren, Arnold Wiggins, L.C. 57 West, 200 South, Suite 404 Salt, Lake City, Utah 84101 (801) 328 -4333 FAX (801) 328 -1151 Randall Holmgren All Rights Reserved 00509 Last Will of JAMES L. LANGSTON Table of Contents Article One Introductory Provisions 1 Article Two Appointment of My Personal Representatives 2 Article Three Disposition of My Property. 3 Article Four Death Taxes. 3 Article Five General Provisions. 4 My Signature 5 Signatures and Addresses of Witnesses. 6 00570 I, JAMES L. LANGSTON, also known as JAMES LEON LANGSTON a resident of Etna, Wyoming, declare that this is my will. I hereby revoke all my previous wills and codicils. Section 1. Marital Status MARK JOHN LANGSTON LORETTA LYNN APODACA KEVIN JAMES LANGSTON BRENDA ELISE LUCAS RODNEY LEON LANGSTON TERESA ANN WOMACK CINDY LEE HANSON Last Will of JAMES L. LANGSTON Article One Introductory Provisions I am currently married to COLLEEN LANGSTON, and all references to my spouse in this will are to COLLEEN LANGSTON. Section 2. Children a. The names and birth dates of my children are: Name 1 Birth date December 14, 1962 November 11, 1964 April 15, 1970 November 29, 1955 May 09, 1957 June 13, 1959 June 07, 1960 All references to my children in this instrument are to these children and any children subsequently born to or adopted by me. 00571 Section 1. Nomination of My Personal Representatives I appoint the following to be my Personal Representative(s) in the order in which their names appear: If, for any reason, the Personal Representative(s) named above are unable or unwilling to serve, the following successor Personal Representative(s) shall serve until the successor Personal Representative(s) on the list have been exhausted. Unless otherwise specified, if Co- Personal Representatives are serving, the next following named successor Personal Representative shall serve only after all of the Co- Personal Representatives cease to act as Personal Representatives. Section 2. Waiver of Bond Article Two Appointment of My Personal Representatives COLLEEN LANGSTON TERESA ANN WOMACK and MARK JOHN LANGSTON LORETTA LYNN APODACA No bond or undertaking shall be required of any Personal Representative nominated in my will. Section 3. General Powers My Personal Representative shall have full authority to administer my estate under the laws of the State of Utah relating to the powers of fiduciaries. My Personal Representative shall have the power to administer my estate under the Independent Administration of Estates Act. 2 00572 Section 1. Distribution to My Revocable Living Trust I give all of my property of whatever nature and kind and wherever located to my revocable living trust of which I am a Trustor known as: JAMES L. LANGSTON and COLLEEN LANGSTON, Trustees, or their successors in trust, under the JIM COLLEEN LANGSTON LIVING TRUST dated AUG 1 21996 and any amendments thereto Section 2. Alternate Disposition If my revocable living trust is not in effect for any reason, I give all of my property to my Personal Representative under this will as Trustee who shall hold, administer and distribute my property as a testamentary trust the provisions of which are identical to those of my revocable living trust on the date of execution of my will. Section 1. Definition of Death Taxes Article Three Disposition of My Property Article Four Death Taxes The term "death taxes," as used in my will, shall mean all inheritance, estate, succession, and other similar taxes that are payable by any person on account of that person's interest in the estate of the decedent or by reason of the decedent's death, including penalties and interest, but excluding the following: a. Any addition to the federal estate tax for any "excess retirement accumulation" under Internal Revenue Code Section 4980A. 3 00573 b. Any additional tax that may be assessed under Internal Revenue Code Section 2032A. c. Any federal or state tax imposed on a generation- skipping transfer, as that term is defined in the federal tax laws, unless the applicable tax statutes provide that the generation- skipping transfer tax is payable directly out of the assets of my gross estate. Section 2. Payment of Death Taxes Pursuant to the terms of my revocable living trust, all death taxes whether or not attributable to property inventoried in my probate estate shall be paid by the Trustee from that trust. However, if that trust does not exist at the time of my death or if the assets of that trust are insufficient to pay the death taxes in full, I direct my personal representative to pay any death taxes that cannot be paid by the trustee from the assets of my probate estate by prorating and apportioning those taxes among the beneficiaries of this will. Notwithstanding any other provision in my trust, all death taxes incurred by reason of assets transferred outside of my trust or probate estate shall be assessed against those persons receiving such property. Section 1. No Contest Clause Section 2. Captions Article Five General Provisions If any person or entity other than me singularly or in conjunction with any other person or entity directly or indirectly contests in any court the validity of this will including any codicils thereto, then the right of that person or entity to take any interest in my estate shall cease and that person or entity shall only inherit $100.00 (One- Hundred Dollars). The captions of Articles, Sections and Paragraphs used in this will are for convenience of reference only and shall have no significance in the construction or interpretation of this will. 4 00574 This will shall be construed, regulated and governed by and in accordance with the laws of the State of Utah. IN WITNESS WHEREOF, I have hereunto set my hand and seal on A UG 1qg JAMES L. LANGSTON Section 3. Severability Should any of the provisions of my will be for any reason declared invalid, such invalidity shall not affect any of the other provisions of this will and all invalid provisions shall be wholly disregarded in interpreting this will. Section 4. Governing Law 5 00575 We, and Mikel Birch, witnesses, do hereby certify that JAMES L LANGSTON, on the date an. ..d above written, signed the foregoing instrument consisting of pages, including the signature page(s), in the presence of both of us, and publishd and declared the same in our presence to be his Last Will and Testament, and we being of the age over twenty -one (21) years at the same time at his request and in his presence, and in the presence of each other hereunto set our hands as subscribed witnesses. We further declare that at the time of the execution of this Will as aforesaid, the testator appeared to be of sound and disposing mind and memory and not acting under any duress, menace, fraud or the undue influence of any person whomsoever. Signature: Address: City, State, Zip: Signature: I Address: 57 West 200 South, #404 City, State, Zip: Salt Lake City, Utah 84101 STATE OF UTAH COUNTY OF SALT LAKE The fo etggin CC `1Vent was acknowledged before me by JAMES L. LANGSTON and the witnesses on �U tl SS 6 00576 This LIVING TRUST prepared for JAMES L. LANGSTON and COLLEEN LANGSTON Randall J Holmgren Holmgren, Arnold Wiggins, L.C. 57 West, 200 South, Suite 404 Salt Lake City, Utah 84101 (801) 328 -4333 FAX (801) 328 -1151 Randall Holmgren All Rights Reserved 00577 JIM COLLEEN LANGSTON LIVING TRUST 00578 Article One Trust Creation Section 1. Parties to Our Trust Our Trust Agreement, dated AUG 2 1996 is made between JAMES L. LANGSTON, the Husband Trustor, also known as JAMES LEON LANGSTON, and COLLEEN LANGSTON, the Wife Trustor, also known as COLLEEN CLARK LANGSTON (collectively referred to as "Trustors and the following initial Trustees: Section 2. Name of Our Trust Our Trust may be referred to as the: JIM COLLEEN LANGSTON LIVING TRUST, dated AUG 1_ 2 1996 The formal name of our Trust and the designation to be used for the transfer of title to the name of our Trust is: JAMES L. LANGSTON and COLLEEN LANGSTON, Trustees, or t s `ccessors in trust, under the JIM COLLEEN LANGSTON LIVING TRUST dated 2 1996 and any amendments thereto. Section 3. Revocable Living Trust Our Trust is a revocable trust. JAMES L. LANGSTON COLLEEN LANGSTON 1 -1 c. Incapacity Trustees of JAMES L. LANGSTON If JAMES L. LANGSTON becomes incapacitated while serving as an initial Trustee, he shall be replaced by the following Incapacity Trustee(s): COLLEEN LANGSTON If, for any reason, any Incapacity Trustee named above is unable or unwilling to serve, the following successor Incapacity Trustee(s) shall serve in the priority listed until the list has been exhausted. Unless otherwise specified, if Co- Incapacity Trustees are serving, the next following named successor Incapacity Trustee shall serve only after all of the Co- Incapacity Trustees cease to act as Trustees. TERESA ANN WOMACK and MARK JOHN LANGSTON LORETTA LYNN APODACA d. Incapacity Trustees of COLLEEN LANGSTON If COLLEEN LANGSTON becomes incapacitated while serving as an initial Trustee, she shall be replaced by the following Incapacity Trustee(s): JAMES L. LANGSTON If, for any reason, any Incapacity Trustee named above is unable or unwilling to serve, the following successor Incapacity Trustee(s) shall serve in the priority listed until the list has been exhausted. Unless otherwise specified, if Co- Incapacity Trustees are serving, the next following named successor Incapacity Trustee shall serve only after all of the Co- Incapacity Trustees cease to act as Trustees. MARK JOHN LANGSTON and LORETTA LYNN APODACA e. Death Trustees of JAMES L. LANGSTON Upon the death of JAMES L. LANGSTON, he or his Incapacity Trustee, if either is then serving as Trustee, shall be replaced by the following Death Trustee(s): COLLEEN LANGSTON 3 -3 0 05' 9 If, for any reason, any Death Trustee named above is unable or unwilling to serve, the following successor Death Trustee(s) shall serve in the priority listed until the list has been exhausted. Unless otherwise specified, if Co -Death Trustees are serving, the next following named successor Death Trustee shall serve only after all of the Co -Death Trustees cease to act as Trustees. TERESA ANN WOMACK and MARK JOHN LANGSTON LORETTA LYNN APODACA f. Death Trustees of COLLEEN LANGSTON Upon the death of COLLEEN LANGSTON, she or her Incapacity Trustee, if either is serving as Trustee, shall be replaced by the following Death Trustee(s): JAMES L. LANGSTON If, for any reason, any Death Trustee named above is unable or unwilling to serve, the following successor Death Trustee(s) shall serve in the priority listed until the list has been exhausted. Unless otherwise specified, if Co -Death Trustees are serving, the next following named successor Death Trustee shall serve only after all of the Co -Death Trustees cease to act as Trustees. MARK JOHN LANGSTON and LORETTA LYNN APODACA Section 5. Definition of Incapacity A Trustee shall be considered incapacitated in the event that such Trustee has been determined to be legally incompetent by a court of competent jurisdiction; has been certified by two licensed physicians to be unable to properly handle his or her own affairs by reason of physical illness or mental illness; or otherwise is unable freely to communicate for a period of 90 days. Notwithstanding any other provision of our Trust Agreement, it is conclusively presumed that such Trustor intends to return home. Section 6. No Designated Successor Trustees If at any time there is no Trustee acting under our Trust Agreement and there is no person or institution designated and qualified as a successor Trustee, a majority of the beneficiaries then eligible to receive distributions of income or principal under our Trust Agreement, or their Personal 3 -4 00580 Trustors (including extensions) and a return has not yet been filed, it shall be deemed that the generation skipping transfer exemption has been allocated to such transfers to the extent necessary and possible to exempt such transfers from generation skipping transfer tax. P. AMES L. LANGSTON Unused Unified Credit Equivalent The term "Unused Unified Credit Equivalent" means that value of a Deceased Trustor's taxable estate determined without regard to the marital deduction that can be transferred at death without causing any federal estate tax liability because of: and that is in excess of the net value of all property includable in the taxable estate of a Deceased Trustor that does not qualify for the marital deduction or any other deduction; whether that value passes outside of our Trust (by way of joint tenancy, life insurance contract, will, or otherwise) or under other provisions of our Trust. We have executed our Trust Agreement on the date set forth on the first page of our Trust Agreement. We certify that we have read our Trust Agreement and that it correctly states the terms and conditions under which our Trust Estate is to be held, managed and disposed of by our Trustee. We approve this revocable living trust in all particulars and request our Trustee to execute it. Trustees I` JAMES L. LANGSTON COLLEE L i GSTON 1. Any available Unified Credit, 2. The Credit for State Death Tax to the extent it does not increase the amount of death taxes payable to any state, 3. The Credit for Prior Transfers, Allowable exclusions from the Taxable Estate, 15 -8 00581 STATE OF UTAH COUNTY OF SALT LAKE The foregoing instrument was acknowledged before me this AUG 1 2 1996 by JAMES L. LANGSTON and COLLEEN LANGSTON. Prepared by: Randall J Holmgren Holmgren, Arnold Wiggins, L.C. 57 West, 200 South, Suite 404 Salt Lake City, Utah 84101 (801) 328 -4333 FAX (801) 328 -1151 SS 15 -9 '00t82