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HomeMy WebLinkAbout877857 When recorded mail to: Judith E. Facinelli i"< ~:'r ~:.~. ....... ,.....,...,, .., c/o Murphy Law Firm, Inc. 51 West Elliot, Suite 104 BOOK4__:---~.7'lq} ...pR PAGE_.. })_.~.](~ Tempe, Arizona 85284 CAPTION HEADING: 1. Letters of Personal Representative and Acceptance; 2. Death Cetificate; and 3. Will~ Richard A. Facinelli Estate Maricopa County Superior Court Cause No. PB 2001-003884 DO NOT REMOVE This is part of the official 'document. 3 StateB~No. 012825" ~PHY LAW FI~, INC. 4 p.O. Box 51244 Phoenix, AZ 85076 5 (480) 838-4838 . Attorney for Personal Representative 6 IN THE SUPERIOR COURT OF THE STATE OF ARIZONA 7 IN AND FOR THE COUNTY OF MARICOPA 8 9 In the Matter ofthe Estate of No. PB 2 10 ~CHARD A. FACI~LLI, LETTERS OF PERSONAL REP~SENTATIVE AND 11 ' Deceased. ACCEPTANCE (TESTATE ESTATE) 12 ISSUANCE OF LETTERS 13 ~ITH E. FACINELLI is hereby appo~ted as personal representative oft~s estate pursuant 14 to the Will of the above named decedent. Said personal representative shall not exercise the 15 following powers without prior order of the court: NONE 16 WITNESSED tlfis.~.~t day of ~2~1~ 2001. 17 ~cHa~~~i 19 By: "'**' ' '" 20 ACCEPTANCE: STATE OF WISCONSIN ) 21 County of Waukesha ) ss. 22 I hereby accept the duties of personal representative c e of the above-named degedent and do solemly swear that I w~_perform, according to~ lawn, the duties o~ personal 23 representative oftheestate. ~ /) .~ff ~ ~/_ '/)., 24 ~TH E. FACI~LLI 25 SUBSCRIBED AND SWORN to before me~s date: August ~.[, by ~DITH E. FAC~ELLI. 26 .,,,-'- " ~' 7 ,," .'.' Nbtary Public 27 My ~o~mi~on ExPims:Tff/~;fi/tT~ff  ( g ~ fifo In tffia office: : e:kprobate-3X facincllikintbrmal.pro doc-3 [fun *C~IN ~ the O~t~m a~ t~ I~ei n t~iu.~' i, STATE OF ARIZONA '.'~ ;, C. LAST · : SE)(,: .: ,'::.. ' DATE OF · ';' MONTH DAY ORIGIN: ? .:: ? :" ! : MEXICAN, SP ~.NISI :~iWHI~! !. ': · C~AN..m. , , , ., .. , . A. CQUNTY MONTH DAY [ iF UNDER 1 DAY MARRIED~ NEVER MARRtED, ?. 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TO OR AS A CONS[~QUENCE OF -':' ' ' ' :: ~ .-, ~- ..... :: ~ '.:-~ ':'- ' ' - · i:r~ealh but DOt resulting in Ibe underlying cause given in Part I~ AUTOPSY WAS CASE REFERRED TO MEDICAL EXAM NER . :,,~i '~,'"~ ...,": ",, ,'~ (Speci~ Ye=~ o~ Hal (Spec:,"/Ye~ o~ Nm "~. ~.NO j~0. YES '~ , ;'[; ISpeci~y Yes oi' NO) =':~:]' ,,o&~o, , ',, sz. ':' . ..... I ~. ' ~ I ~ 15~ ..... ,~ s~m~ ' :.. , "'.:: :~ '~ .' ' . = ~ ... '.~'='"'c~°amW"'..... .., STATE , '~ ,~ ,,. :; · ., .,~; , . ,. ~,',; ~:. . STATE OF ARIZON~ SS e': COUNTY O~ ~a^mC0PA ~ DATE ISSUED This Is a true and exa§t' reproduction of the document offlcmlly registered and placed .' · ' '~. on'file In the VITAL RECORDS SECTION DEPART~i~NT OF HEALTH SERVICES :: ' [~ J[ ~"~ PHOENIX. ARIZONA i~sued under the aut6,rRy of A.R.S. 36-341. and b~ Oitection ol: [ ~, . .. ..... llns copy not vahd re,less prepared on engraved border dnplaymg county seal m ~olor and r~9~u,ng agency. --.. CERTIFIED.CQP ' LAsT WILL AND TESTAMENT 2~1 RICHARD A. FACINELLI I, RICH~D A. FAC~ELLI, ogTempg Maricopa County, Arizona, d~iare that this is my last Will. I revoke all earlier Wills and Codicils. I am am not cu~ently marri~. My ~ormer spouse's name is J~ITH E. FACINELLI. I 'have two children, namely', STANLEY P. FACINELLI and STEVE S. FACINELLI, and one step-child, namely, KATHLEEN L. AVOLIO, all of whom have reached the age of majori~. A-l. D~position of Entire Estate. I give my entke estate, of every kind and nature and wherever situated: (a) . To my former spouse, JUDITH E. FACINELLI. (b) If JUDITH E. FACINELLI does not survive me, to my children, per ~tirpes. In the event any beneficiary of my estate shall be under the age of 25 years, then that beneficiary's share shall be held in trust pursuant to the terms of this Section A. This trust will be known as the FAC1NELLI GRANDCHILDREN'S TRUST and will be administered in accordance with · the following provisions: 1. Division, Administratio.n and Distribution of Trust. A separate trust share shall be created for each beneficiary, the Trustee of each trust share shall invest the trust assets and collect the income from such investments. The Trustee, in its sole discretion, shall apply so much of the income and principal of the Trust as the Trustee deems appropriate for the health, support, maintenance, and education of the beneficiary. The Trustee Shall then distribute to each beneficiary who reaches the age of [wenty-five (25) years such benefieiary's share of the Trust assets. 2. If a beneficiary dies prior to reaching the age of twenty-five (25) years, the beneficiary's share in the Trust which would otherwise be payable to such beneficiary shall be paid to the estate of that beneficiary. 3. The trustee of the trust, created for any beneficiary herein shall be the parent(s) or legal guardian(s) of such beneficiary. The Tru§tee of any trust created under this will. ,, shall serve in such capacity without bond. 4. Powers of Trustee. With respect to each Trust assets, the Trustee have the authority to exercise the following powers: a. To acquire stocks, bonds, interests in mutual funds and other securities and RICtfARD ,4,. FACINELLI THO~J. MHRPHY to exercise any rights that the holder of such interests or securities is entitled to exercise. b. To add to principal that portion of the net income of the Trust in excess of net income distributed. c. To appoint an agent to act on behalf of the Co- Trustees. d. To determine and apportion principaland income. e. To borrow money for any purpose related to the protection, preservation, or improvement of Trust assets. f. To commence or defend litigation involving or impacting Trust assets. g. To develop, improve, repair, or demolish any real property that is Trust property. h. To guarantee, co-sign, or endorse an indebtedness for or on behalf of a Trust beneficiary. i. To make loans to any person at a reasonable interest.rate and with adequate security. j. To operate and manage any business in which the Trust has an interest. k. . To purchase insurance on the life of any person in whom the Trust has an insurable interest. 1. To sell, lease, pledge, mortgage, transfer, or otherwise dispose of any interest in any Trust asset. 5. Spendthrift Provision. The interest of a beneficiary in the income or principal of the Trust hereunder shall be free from the control or interference of any creditor of the beneficiary or of the spouse of the beneficiary and shall not be subject to attachment, execution or other process of law or susceptible to anticipation, alienation or assignment, whether voluntarily or involuntarily encumberedl except in those cases where Trustee, in Trustee' sole discretion, approves the credit extended and the assignment of the beneficiary's interest hereunder as collateral therefor. In exercising such discretion, Trustee shall ascertain whether or not it would be in the best interest of the beneficiary that credit be. accepted and collateral given. This provision includes obligations to pay alimony or support by any beneficiary or spouse of a married ~ beneficiary. Nothing contained in this paragraph shall be construed as restricting in any way the exercise of any powers or discretions granted hereunder. 6. Rule Against Perpetuities. Notwithstanding other provisions of this Trust, no Trust ~~'~L~' ~ created hereby shall continue for more than 21 years after the death/B/~of the last RICHARD A. FACINELLI T~J. MURPHY survivor of the Testator and beneficiaries and such descendants of Testator and beneficiaries as are in being at the date this Trust becomes irrevocable. If at the expiration of this period any property is still held in Trust hereunder, such property shall irmnediately be distributed to those persons as are then entitled to receive income therefrom, in the same proportion which the income such persons are receiving shall bear to the entire income of the Trust. B. DISTRIBUTIONS. B-1. Personal and Household Effects. The Personal Representative shall have sole discretion to divide all of the persona[ and household effects among the beneficiaries, taking into account any desires that ~. I may have made known to the Personal Representative and the desires of the beneficiaries. In making up the respective shares, the Personal Representative may equalize any inequality in monetary value (as determined by the Personal Representative) by a distribution of cash. All expenses of packing, shipping, insuring, and delivering any of these items to a beneficiary shall be paid by the Personal Representatives as an administration expense of my estate. B-2. Distributions During Administration. Prior to final distribution of my estate (which shall no.t be delayed beyond the period reasonably required for the administration of my estate), the Personal Representative may make partial distributions to one or more beneficiaries. A distribution may be made subject to any indebtedness or liability of my estate. B-3. Distributions to or for Beneficiaries. If any beneficiary of the gift of personal and household effects is under a legal disability, the Personal Representative may make a distribution to a person who is furnishing support, maintenance, or education for the beneficiary with whom the beneficiary is residing for expenditure on the beneficiary's behalf. The Personal Representative may also sell all or part of such a beneficiary's share of personal and household effects and then follow any of the above methods in making distribution of the sale proceeds. Any distribution under this paragraph shall be a full discharge of the Personal Representative. C. FIDUCIARIES. C-1. Appointment. (a) Personal Representafi.v.e.. I appoint my former spouse, JUDITH E. FACINELLI, as Personal Representative of my estate. If she fails or ceases to act as Personal Representative for any reason, I appoint my sons, STANLEY P. FACINELLI and STEVE S. FACINELLI, as substitute or successor_Co-Personal Representatives. In the event either of them shall be unable or unwilling, or_for any reason shall cease to serve, as Personal Representative, the other of them, individually, may serve in such capacity. C-2. Rights and Liabilities. (a) Bond Not Required. No bond or other security shall be required of my Personal RICHARD A. FACINELLI . Representative. (b) Liabilities. This 'instrument always shall be construed in favor of the validity of any act by or omission of the' Personal Representative. The Personal Representative shall not be liable for any act or omission except in the case of gross negligence, bad faith, or fraud. (c) Compensation. The Personal Representative shall be entitled to receive reasonable compensation for services actually rendered to my estate without regard to the provisions of any statute dealing with fiduciary compensation. D. ADMINISTRATION. D-1. Personal Representative's Powers. No action shall be had in any court of probate jurisdiction in relation to the settlement of my estate other than the probating and recording of this Will and the return of an inventory, any required appraisement, and list of claims of my estate. In ad, dition, the Personal Representative shall have all powers conferred by the statutes of Arizona upon a Personal Representative. D,2. Taxes, Debts, and Expenses. The following items shall be charges against my residuary estate: (a) Taxes. All taxes (includir~g any interest and penalties thereon) payable.by reason of my death. No contribution for any of such taxes attributable to the proceeds of any insurance policy on my life shall be made by any policy beneficiary other than my estate. (b) Debts. All of my debts, other than debts that I have incurred by borrowing against the cash surrender value of life insurance policies on my life and debts to the extent secured by the assignment of life insurance policies on my life. Nothing herein shall require the payment of any indebtedness, secured by a mortgage or other lien on any property. (c) Expenses. All-'of my funeral expenses and expenses of administering my estate. These charges may be paid in such order and out of such of the assets in my residuary estate (including its income) as the Personal Representative deems appropriate. D-3. Ta.x. Elections. In determining the estate and income tax liability related to my estate, the Personal Representative's decision as to all available tax elections and any election with respect to employee benefits payable by reason of my death shall be conclusive on all concerned. No compensating ,. adjustments between income or corpus or in the amount of any girl under this Will shall be made as a result of any tax election. IfI am married at the time of mY death, and if the Personal Representative joins with that spouse in filing income tax returns, any resulting liability shall be borne by my estate and my spouse in such proportions as they may agree. D-.4. ~The Personal Representative shall have power without authorization of any court to disclaim on my behalf any interest in property passing to me. by reason of the death of any person or given me under the Will o'f or any trust established by any person to the extent that the Personal Representative determines that such disclaimer will result in an aggregate reduction of the death taxes payable by RICHARD A. FACINELLI TH(~IA./8~J. MURPHY reason of the deaths of such person and me, even though the disclaimer may affect the relative interests of the beneficiaries under my Will or the beneficiaries of the disclaimed property. E. DEFINITIONS AND GENERAL PROVISIONS. E-1. Survival. Any beneficiary who dies within 30 days after my death shall be considered not to have survived me. E-2. Personal and Household Effects. "Personal and household effects" means all personal automobiles, trucks, boats, household goods, furniture, furnishings, garden and sports equipment, china, jewelry, ~ silver, works of art, clothing, personal effects, and any other similar items, and includes any insurance on any of these items. The determination of which items fall within these categories shall be in the sole judgment of the Personal Representative, whose decision shall be binding on al.l parties. E-3. Descendants. The term "children" includes any children hereafter born to or adopted by me, as well as the children that I now have, and shall include my step-daughter, KATHLEEN L. AVOLIO. "Descendants" means the legitimate children of the person designated and the legitimate lineal descendants of such children, including the descendants ofKATHLEEN L. AVOLIO, and includes any person adopted before attaining age 18 and the adopted person's legitimate lineal descendants. A posthumous child shall be considered as living at the death of his parent. ' Except for discretionary distributions which may be made unequally among a group of beneficiaries, whenever a distribution is to be made to the descendants of any person, the property to be distributed shall be divided into as many shares as there are living children of the person and deceased children of the person who left descendants who are then living. Each living and deceased child (if any) shall take one share. The share of each deceased child shall be divided among his then living descendants in the same manner. E-4. Contingent Beneficiaries. Any distribution to be made to "my contingent beneficiaries" shall be made: (a) One-half to the persons who would have inherited my personal property if I had died intestate 30 days after the.date Of'my death (if the distribution is fi.om my probate estate), or had died intestate at the time the distribution is to be made (if the distribution is upon termination of a trust), domiciled in Arizona and not married, under the laws of Arizona in force on the date this Will is signed, with the shares of taking determined by those laws. (b) One-half to the persons who would have inherited my spouse's persgnal property.if she had died intestate 30 days after the date of my death (if the distribution iS from my probate estate), or had died intestate at the time the distribution is to be made (if the distribution is upon * termination of a trust), domiciled Arizona and not married, under the laws of Arizona in force · on the date this Will is signed, with the shares of taking determined by those laws. If, at. the time the distribution to "my contingent beneficiaries" is to be made, there are no living persons or beneficiaries to take under either of the above subparagraphs, the share described in that subparagraph shall be distributed, in the same proportions, to the persons ELLI TIIOMA~tJ. MURPHY 1 described in the other subparagraph. E-5. Other Terms.. The use of any gender includes the other genders, and the use of either the singular or plural includes the other.' I have signed this Will at Tempe, Arizona on thi.s 3rd day of November, 1998. I, the testator, sign my name to this instrument this 3rd day of November, 1998, and being first duly sworn, do hereby declare to the Undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound ..m~d, and under no comt~int or undue influence. RICHARD A. FAC1NELLI, TeStator. We, Betty L. White and Thomas J. Murphy, the witnesses, sign our names to this instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), .and we, in the presence and hearing of the testator, hereby sign this will as witnesses to the testator's signing, and that to the best of our know, Jedge the testator is eighteen year, of age or older, .o,f sound mind, and under no constraint or undue influ~nc .~./ . .......~ Betty L..W te, Witnes'~- "{fmas J.. ~ph~y, STATE OF ARIZONA ) COUNTY OF MARICOPA ) ss. SUbscribed, sworn to, and acknowledged before me by RICHARD A. FACINELLI, the testator, and subscribed and sworn to before me by Betty L. White,,a witness, this 3rd day of Nove~r, ~ ~ THOMASJ, MURPHY 1~ Tho ' J-Murrl:>l/w//~//~ fy/Not ary Public ~ [~ ~_1~ Madcopa County ~ Attorney at La ~. 1{~_~-~lx~)' My Commission Expires STATE O~ ARIZONA ) CO~TY O~ MAR]COPA ) ss. Subscribed, sw~m to, and acknowledged before mc by RICHARD A. FAC~ELL[, the testator, and subscribed and sworn to before'me by Thomas ]. Murphy, a witness, this 3rd~ o[Nov~ber, ~ 1~~ BetW L. White ~tW L. Wh~e, Nota~ Pubic ~ [[~~ata~ Publis-A~zona ~A~ A. FACINELLI ,'"' ' ~OMAS J. M~PHY LAST WILL AND TESTAMENT TESTATOR: RICHARD A. FACINELLI 2047 East StanfOrd Drive Tempe, Arizona 85283 Hm (602) 838-5526 wk (602) 437-0320 PERSONAL REPRESENTATIVE: JUDITH E. FACINELLI 2418 Willowood Drive Unit B ' Waukesha, WI 53188 hm (414) 542-0148 wk (414) 780-2371 ALTERNATE PERSONAL REPRESENTATIVES: STANLEY P. FACINELLI ' 4341 ,North 87th Place Scottsdale, Arizona 85251 hm &wk (602) 994-3134 wk mobile (602) 397-4532 and STEVE S. FACINELLI 1613 West Mariposa Street Chandler, Arizona 85224 Hm (602) 821-9355 universal # 320-0288 &\estate pla nning-2kfacinelli\ test-trust-fpoa-hpoa-lw-sm doc- 1 The foregoing instm~m~..~t i~ a full, true and the Original on fi[,e. IJl ll~l~,office,correct copy of NII(~I'J~ELK;'r'OF--ANE8,... .,~ Clerk of. the. Sup~ri~r~ ¢ ¢-, - % ~/-~ : .... pup/ ' ' ' "* '"-"** .... ~: ,.~ ~ILdItARD A. FACINELLI ' ';',. THOMAS J. MURPHY