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HomeMy WebLinkAbout971471__VED 6/1412013 at 11:17 AM RECEIVING 971471 BOOK: 813 PAGE: 636 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY STATE OF WYOMING SS. COUNTY OF LINCOLN AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF WENDELL H. MCNEAL COMES NOW KENNETH C. MCNEAL, after being sworn and under oath, hereby stating pursuant to Wyoming Statutes 2 -1 -201, which authorizes Affidavits of Distribution, as follows: 1. That Wendell H. McNeal, a resident of Alpine, Wyoming, died on December 19, 1999. An official copy of the Certificate of Death of Wendell H. McNeal is attached hereto. 2. That Wendell H. McNeal died testate. A copy of his Last Will and Testament, dated January 26, 1989, is attached hereto. U063 g 3. That the Last Will and Testament of Wendell H. McNeal complies with the requirements of Wyoming Statutes 2 -6 -114 and is therefore, a self proving will. 4. That the Last Will and Testament of Wendell H. McNeal provides that all of his interests in property shall be distributed to Kenneth C. McNeal as the surviving Trustee of the Wendell McNeal Trust dated January 1, 1989 (Margaret N. McNeal having died on July 12, 2002). AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF WENDELL H. MCNEAL PAGE 1 OF 3 hereby state: 5. That, in accordance with the requirement of Wyoming Statutes 2- 1- 201(a), I a. That the value of the entire estate of Wendell H. McNeal, wherever located, less liens and encumbrances, does not exceed Two Hundred Thousand Dollars ($200,000.00). b. That Thirty (30) days have elapsed since the death of Wendell H. McNeal. 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 Wendell H. McNeal, I, Kenneth C. McNeal, Trustee, am the sole beneficiary of his Estate. There are no other persons or entities having a right to the assets of his Estate under probate proceedings. 6. That I hereby request that the following assets be transferred to and be titled in the name of "Kenneth C. McNeal, Trustee with the address of record being: "HC 62, P.O. Box 7084, Star Valley Ranch, Wyoming 83127 1980 Honda Motorbike, VIN No. DA01 1 003 971. DATED this 13th day of June, 2013. AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF WENDELL H. MCNEAL PAGE 2OF3 NETH C. MCNEA U 0 R" ON THIS, the 13th day of June, 2013, KENNETH C. MCNEAL, affiant herein, appeared before me, and being duly sworn under oath, affirmed that the facts stated in this Affidavit of Distribution are, to the best of her knowledge, information, and belief, true and complete. M KEVIN VOYLES NOTARY PUBLIC County of e State of Lincoln Wyoming My Commission Expires: July 16, 2015 WITNESS my hand and official seal. My Commission expires: 0 6 t AFFIDAVIT OF DISTRIBUTION PURSUANT TO WYOMING STATUTES 2 -1 -201 FOR THE ESTATE OF WENDELL H. MCNEAL PAGE 3 OF 3 3 i CERTIFICATION OF VITAL RECORD 5A TYPE OR PRINT M PERMANENT BLACK INK 00 NOT UBE PELT TIP PEN INFORMANT DISPOSITION CAUSE OF DEATH e a1ats RAS MAI Td 04120 YNAN 1MYU04C MO*, THE cowxas MUST 4Ow1ET1 ANO.00110 Capra CM! 10 Nr. L U no cx�Cntl L OfIIY CORONER'S REVIEW ARLA REGISTR Q EC 2 7 '1999 CERTIFICATE OF DEATH SOCIAL SECURITY NUMBER ONLY A 00110 OF THIS 000UMENT COLORED eY THE SMTP 010110M O0L 0. HIAmI a MUFA01 PANIC 11111. SHALL BE U0Ea EYIOENCE 0F.1Ha 0FAH 8111. WM TI LHC1 0 MA100101 ipt 110). 3FEA UNDER 1 YEAR PLACE HOSPITAL OTHER of (1) Inpatient (4) Long-Term Care Facility (00.00 o0A' YaN) (2) ERiOutpattent; (3) El DOA (5) Own Residence FA NAME AND ADDRESS (11d a rHNpre( 3,1* 1w0 N p1O; 011.1 SW number) Nn0. OR LOCATION OF DEATH u,I COUNTY of DEATH K,Capitol "Care Nursing Facility- Boise Ada MARITAL STATUS M. Msmed. NOW 0(100 MO SPOUSE (h wk1gin g maiden name) DECEDENT'S USUAL OCCUPATION (00. 013 d ad/A dana KIND OF BUSINESS N0U3100 Waded, t 30003, Mortal (SSW during 01011 0) ,•0,'011➢1fe Da net us* /*eland Married' H. Margaret Silver ,T.. Contractor. ,,,Road Construction RES)DENCE'STATE 00(10?? CRY, TOWN OR LOCATION STREET AND NUMBER 2)11 CODE NLlyoming F Lincoln Alpine P.O. Box 3426 ,;83128 -0426. 10510E CITY 0(M1TSY WAS DECEDENT OF HISPANIC ORq)NT (Sp.aM a fa, RACE AmukW ndlen, BM011. to 'S mum ION 11 )04 *wily Cuban, 810x01.0, Porto 1400, 0A: Japan.M, Wh)la 130 (S 11014) lSPeaaY only np0af Pea OmpeNtl) ©Yes ®No Vey E)emeh)Sec'ondary (0-112) college or a a (SaeCM9: N White FATHER ',NAT" BIR LA THPCE MOTHER— FULL MAIDEN NAME BIRTHPLACE 1.0' Civde McI' sal ,,Montana Laura La Montana INFORMANT'S NAME (3*1&FWnt) MAILING ADDRESS (50u Number p end Number Aunt Routs Numb Co a SUM. y WYO 2p Code) .,Clyde .McNeal .7103 Brentwood Drive, Boise, Idaho ,8'3,9,Q8 ,I 41 li M ETHOD OF 0151100)500 PLACE OF DISPOSITION (Nah1.W c1HMHK animators a other plplead p LOCATION Day P(T*T),p li II Muriel ❑Cremation ❑Removal from Idaho U.onation ❑Other (Spebly) Blodgett. Cemetery Hamlltbn��Mb 'tl rte Iii l�llwlR °!F 1RFUNER I0 CENSE OR PERSON ACTING AS SUCH LICENSE NUMBER (d Limon) NAME AND ADDRESS OF FAC(LIT( II �I'lit A Summers Funera Homes se Chape<, M M -669 1205 W. Bannock St., B'bi Idaho $!p�dii,v TIME a BATH eke PITON UNCED M0011 OsA limo AS CASE REFERRED *0 0011013E T MANNER of DEATH (Cheek 0 Mature; D Homtcide O Suic)de OAccIdent :22' P. M .,Decem 19, 1999 ❑YesNo ❑Pending Investigation ICouldNot Be Determined PART I Enter the diseases, injuries, or complications that caused the death. Do not enter me mode of dying, such; as cardiac or'respiratoty arceat shock, or heart atlure, 0)at only one cause 00 each line. IMMEDIATE CAUSE (Final IMMEDWE anise or Condition 1 reauhing M death). 'a Yr'�'^^ DUE 10 far as a 0oseoence 0-e: Sequentially list conditions, if any, leading to immediate cause. Enler UNDERLYING CAUSE (disease orinlury that initiated esame resulting M death) LAST DUE TO for t a consequence of): OUE 10 (a as a canna wance DS, N.AMEI(IND ADDRESd OF CERTIFB:R 2Ml' Dr. Edward H. Newcombe, 2036 N. Cole Rd., Boise, Idaho DATE OF INJURY ((30.. 0,0 AT 'HOUR OF INJURY 'DESCRIBE HOW INJURY OCCURRED IP TRANSPORTATION ACCIDENT, Spaaly ODr)ver ❑Passenger ❑Pedestrian CORONER'S ACTION a% I have reviewed and/or amended, and certified. 'III 0)10) 0ARS SIGNATURE DATE ISSUED.: STATE OF IDAHO IDAHO DEPARTMENT OF HEALTH AND WELFARE CENTER FOR VITAL STATISTICS AND HEALTH POLICY DEC; 2 79 PLACE. OF INJURY At Nana lawn. wow, IsamN. off. building, Me (Specify) This copy is not valid unless prepared on engraved border displaying state seal and signature of the Registrar. UNDER 1 DAY DATE OF BIRTH (Month, Day. Nu) Oct. 25H 1916 CORONER'S SIGNATURE This is a true and correct reproduction of the document officially registered and placed on file with the IDAHO CENTER FOR VITAL STATISTICS AND HEALTH POLICY. LOCATION (Shaw or R uts, NPaber. 0 $tale F�IO No"' 4 0ga Local egl'No DATE OE DEATH (MOOM„ Dry, ';.DECEMBER 19 1999 BIRTHPLACE (C1y o0* SRN APONyn Covoy) 4orvallis', lliontana II II WERE '0700311 FTNOINOS lill PRIOR TO COMPLETION OF CAUSE OF DEATH? /A(ro{WIItna ImeNaf l i e pl'.. l e e e tiY p01 f /JANE S. SMITH STATE EECI$TRAR DATE SIGNED (March. ba)t 1030) 375-0722 27. PART 11. Other Slgnllksnt Conditions contributing to death but not resulting In the underlying cause given in WA 4 PBR I, PRF0RME07 r ❑Yes IdN O yes No (C er' ry �•C LSIae., i ✓F �'�Ui�(s. *Ow. :0-a CERTIFIER dry ana) raeHYSICIAN ,To the beat of my knowledge, deem occurred at the time, date, and place, and due to the mutters) and manner as stated. 0 CORONER On the basis of examination andlor investigation, in my opinion, death occurred at the time, dale. and plebe, and due to the cause(s) and manner as suited. SNNATURE A /o OF,C /J R/ JJ I- /or LICENSE NUM-B FN `111. i An Ile DATE :SIGNED r F Msr) DATE FIL,E0 (MN0h, Dry, Mu) DEC 1999 LAST WILL AND TESTAMENT OF WENDELL H. McNEAL ALSO KNOWN AS WENDELL HARRY McNEAL I, WENDELL H. McNEAL, hereby publish and declare this to be my Last Will and Testament hereby revoking any and all Wills and Codicils heretofore made by me. I. PAYMENT OF DEBTS I authorize my Personal Representative to pay all of my expenses of last illness and burial, including suitable gravestone expense in the discretion of said Personal Repre- sentative, and next to pay all of my just debts as they come due requiring or waiving the filing and proof of any claim or debt in the discretion of said Personal Representative; provided, however, that my Personal Representative shall not accelerate and prepay the principal balance remaining on any mortgage, installment purchase contract, or other evidence of indebtedness secured by a security interest upon any property,or interest in property I own, unless my Personal Representative, in her sole discretion., determines that it is in the best interests of my beneficiaries to do so. Further, provided, however, that the provisions of this paragraph shall not subject any of my exempt property to the payment of my debts, unless my Personal Representative shall choose in her discretion to waive any exemption and apply such exempt property to such uses. II. SPECIFIC AND RESIDUAL BEQUESTS I give, devise and bequeath all of my estate of whatso- ever nature and wheresoever situate, which I may have the power to dispose of at my death as follows: Page 1 of 4 pages Wendell H. McNeal Will 00641 A. Listed Property: I may provide a written statement or list disposing of items of tangible personal property which are not otherwise specifically disposed of by this Will. I direct that such items be distributed by my Personal Repre- sentative to the persons named in such written statement or list. If there are two (2) or more lists, the lists shall be treated as one (1) except to the extent that there are inconsistences, in which case the statement or list bearing the most recent date shall control. B. Residual Bequest: All of the rest, residue and remain- der of my estate, of whatsoever nature, and wheresoever sit- uated, I give, devise and bequeath unto The Wendell H. McNeal Family Trust under agreement dated January 1, 1989. III. APPOINTMENT OF PERSONAL REPRESENTATIVE I nominate and appoint my wife, MARGARET N. McNEAL, as Personal Representative of this, my Last Will and Testament, to serve without bond. In the event my wife fails to sur- vive me or is otherwise unable or unwilling to serve, then I nominate and appoint my son, KENNETH C. McNEAL, as Successor Personal Representative, also to serve without bond. I hereby authorize my Personal Representative to sell any of my property, whether real or personal, at public auction or by private treaty, upon terms which are deemed to be in the best interest of my estate, without obtaining prior Court approval or authorization. IN WITNESS WHEREOF, I, WENDELL H. McNEAL, also known as WENDELL HARRY MCNEAL, subscribe my name hereto and initial each typewritten page hereof in the presence of the wit- nesses whose names are below subscribed., and to whom I de- clare this to he my Last Will and Testament, this ;24 day of 19 lam\ Wendell H. McNeal, T estdtor Page 2 of 4 pages Wendell H. McNeal Will Witnesses: �°C l Name residing in "I'i t7. Le in Name I, Wendell H. McNeal, the Testator, sign my name to this instrument this ,;2c, day of 4„etki -',96, s-r I9, and being first duly sworn, do hereby declare to the under- signed authority that I sign and execute this instrument as my Last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein ex- pressed, and that I am an adult person, of sound mind, and under no constraint or undue influence. Wendell H. McNeal, est,tor We, 1 C —T R 00 4 and Z4De l 17, t sil f--Ki the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instru- ment as his Last Will and Testament and that he signs it willingly and that he executes it as his free and voluntary act for the purposes therein expressed, and that each of us, in the presence and hearing of the Testator, hereby signs this Will as witnesses to the Testator's signature and that to the best of our knowledge the Testator is an adult per- son, of sound mind, and under no constraint or undue influ- ence. Witness 606 4 Page 3 of 4 pages Wendell H. McNeal Will STATE OF WYORNNO County of ss. Subscribed, sworn to and acknowledged before me by Wendell H. McNeal, the Testator, and subscribed and sworn to before me My Commission expires: by /fro r3% o �CJs j ,09 a—)/7/E-7 19 the witnesses, this WITNESS my hand and official seal. Notary Public )4y Cc mmf';:'.;s c E;t Page 4 of 4 pages Wendell H. McNeal Will 00B43 and day of OF THE WENDELL McNEAL TRUST UNDER AGREEMENT DATED JANUARY 1, 1989 $12.00 R.GCOPdED ...August ..28., .1989....AT 9AM. p�vv��I6 �a 2771). R PAGE MMERi'P�''�, WYO. NO. 4/.0.6,9 9 :L ZA-M_ 1 H C. WADE, CLERK DECLARATION OF TRUST THIS DECLARATION OF TRUST is made effective January 1, 1989, regardless of the date signed, by and between WENDELL H. McNEAL (herein referred to as "Grantor and WENDELL He McNEAL, MARGARET N. McNEAL, and KENNETH C. McNEAL (herein referred to collectively as "Co- Trustees Grantor and Co- Trustees entered into the Trust Agree- ment of the Wendell McNeal Family Trust dated January 1, 1989 Under the terms of the Trust Agreement the Co- Trustees are to hold certain designated assets in trust for the ben- efit of the beneficiaries. Relevant portions of the Trust Agreement provide as follows: I. Beneficiaries: Wendell McNeal is the beneficiary of the trust for the remainder of his life. He also has a general power to appoint the remainder. II. Right to Revoke or Amend Trust Agreement or Remove Co- Trustees: The Agreement provides that: Grantor may modify or. revoke this Trust, com- pletely or any part, at any time. Upon Grantor's request, Co- Trustees shall execute and deliver unto Grantor such deeds, bills of sale and other documents of title as may be necessary to return title to all or any portion of the trust property to Grantor. rr M.-.n. 51, 9 33 00644 4 III. Grantor's Right to Possess Trust Property During Lifetime: The Agreement provides: Co- Trustees shall use the trust property, in- cluding any income resulting therefrom, for the benefit of the Grantor during his lifetime. Grantor shall have the right to physically possess all trust property during his lifetime. IV. Authority to Execute Documents on Behalf of Trust: The Agreement provides: The Co- Trustees are authorized to execute all deeds, notes, mortgages, assignments or other in- struments of any kind which are necessary, helpful or appropriate to the administration of the Trust. During Grantor's lifetime, only his signature shall be required on any such instruments. After Grantor's death, only the signature of one sur- viving Co- Trustee shall be required on any such instruments. V. Co- Trustees Authority and Third Parties: The Agreement provides: No person purchasing, renting or leasing any property from the Trust, or in any manner dealing with the Trust or with the Co- Trustees, shall be required to inquire into the authority of the Co- Trustees to enter into any transaction, or to ac- count for the application of any monies paid to the Co- Trustees on any account. VI, Successor Co- Trustees: The Agreement provides: Upon the death, resignation or incompetence of the Grantor or MARGARET N. McNEAL, no successor Co- Trustee shall be named to assume his or her duties. The surviving Co- Trustees shall have all powers and duties of the Trust. In the event that KENNETH Ca McNEAL dies, resigns, becomes incom- petent or is removed prior to the death or inca- pacity of the Grantor, the Grantor shall have the power to either designate a successor or to direct that the remaining Co- Trustees continue to act without replacing that Co- Trustee. In all such situations, no judicial appointment or declaration shall be required to vest authority in the re- maining Co- Trustees or the new Co- Trustee, as the case may be. Instead, the remaining Co- Trustee shall execute an affidavit stating all facts as to why said person is no longer a Co- Trustee and identifying who, if anyone will replace such Co- Trustee. If the transfer of authority involves the death of one of the Co- Trustees, a certified copy of the death certificate of the deceased Co- Trustee shall be attached to the affidavit. The successor Co- Trustee, if one is named, shall exe- cute a written acceptance of the appointment as Successor Co- Trustee. The affidavit and the ac- ceptance shall be recorded in the office of the Recorder of any county in which the Trust owns property or has a principal place of business to establish the passage of title as a matter of law of all property and the authority of the successor Co- Trustee to act on behalf of the predecessor Co- Trustee or the authority of the remaining Co- Trustee or Co- Trustees to act without the absent Co- Trustees Any person dealing with the Trust thereafter may rely on such documents, or copies thereof certified by the official in the office where they are recorded, as evidence of authority of the successor or surviving Co- Trustees to act. In the event that the last surviving Co- Trustee dies, resigns, becomes incompetent or is removed before the termination of the Trust thereby leav- ing the Trust without a Trustee, any of the bene- ficiaries may petition a court of competent juris- diction to appoint a successor Trustee. Such pe- tition shall not extend the Court's authority over the subsequent administration of this Trust. Any successor Co- Trustee shall have all powers and duties which the original Co- Trustees have under this Agreement or the laws of the State of Wyoming. VII. Spendthrift Provision: The Agreement contains a spendthrift provision which precludes any beneficiary except the Grantor from anticipating, selling, assigning, mort- gaging, pledging or otherwise disposing or encumbering any interest in the Trust and prohibits any legal process against any interest, such as attachment, garnishment, exe- cution, creditor's bill or other legal or equitable process. Any person with a valid reason may obtain a copy of the Trust Agreement from the Grantor or from the Co Trustees. GRANTOR Wendell Ho McNeal CO- TRUSTEES 606 t No Mc al Kenne h. C. McNeal STATE OF VV\ V\ County of `nCo \\r\ The above and foregoing Declaration of Trust was sub- scribed, sworn to and acknowledged before me this \L k. day of �c� 1989, by Wendell H. McNeal Manias J. Dom County of Lincoln My Commission Explr st My Commission expires: STATE OF \Uyv'\\ County of \N -0 \v\ The above and foregoing Declaration of Trust was sub- scribed, sworn to and acknowledged before me this \\,A\ day of c\v,v.),s\ 1989, by Margaret N. McNeal. WITNESS my hand and official seal. My Commission expires: STATE OF County o The scriJted, of Notary Public State of Wyoming SS d official seals ss ss, above and foregoing Declaration of Trust sworn to and acknowledged before me this 1989, by Kenneth C. McNeal. ,x'o 1 r official seal. Cetus y of rl 6 m Cot 3$, a9 4 i My Commission expir Notary Public ‘VA_ \aClO Notary Public was sub ok day CO cc 2 C4 Lii LL- 0 0 U 2 U ui Z w g 60649 DATE ISSUED 8 OFFICE OF COUNTY CLERK OWNER McNEAL, W. H. P. 0. Box 10 Alpine, Wyoming 83128 I N WITNESS WHEREOF, I have hereunto caused this Certif- icate to be signed and the official seal of this office to be placed thereon. Elizabeth C. Wade NI B y County Clerk (SEAL) DA01 1 003 971 e s NOI1VH311V ANV 30V1d 33VS V NI d33)I N N311 1SHI J N3Il UNDO 3S N3Il OHIH1 ff :yA� {Y iu Y-�l�Vr:1 Q�:... L, M�"p� lv, tt l.:1' ".cwt` vv. r..,1,P, h1A.. tt.) wv CO cc 2 C4 Lii LL- 0 0 U 2 U ui Z w g 60649 DATE ISSUED 8 OFFICE OF COUNTY CLERK the true and lawful owner of the motor vehicle described erein and further warrant that the liens and encumbrances noted hereon are the only liens and encumbrances ag 'nst the mot. /vehicle herein described and hereby transfer and convey all rights, title and interest that I /we have in them Ave i �h:r- n ibed to the above named individual(s). SI(;NATIIRF (7F SFI 1 FR(SI nearer ..,er uucaie iw. By 31111 AO 311131A111133 AO 1N3WN9ISSV 1N3WNWISSV d3ltl3U NOI1tl0Ilddi S,d3SVN3NOd