Jump to content
Sign in to follow this  
RumbaBumba

Last Will and Testament Sample

7 posts in this topic

Recommended Posts

Hello Everyone,

I've been searching the website for samples or ideas on notarized last will and testaments, I haven't had much luck find them. Could anyone point me in the right direction? Thank you


Event Date

Service Center : California Service Center

Consulate : Switzerland

Marriage (if applicable): 2009-07-28

I-130 Sent : 2010-08-07

I-130 NOA1 : 2010-08-10

Share this post


Link to post
Share on other sites

This is an immigration website. It doesn't have examples of wills and last testaments. You would have to speak to a lawyer or search google for examples.


-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Share this post


Link to post
Share on other sites

***** Moving CR-1 to Off Topic forum as this is not an immigration related topic *****


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

Share this post


Link to post
Share on other sites

Gimme a sec fellas. In the two years i've perused this website, I've seen examples and references to multiple self-notarized last will and testaments for interviews. hell, even darnell (where I originally got this idea from through his posts) has referenced similar information with Payable on death on bank accounts. I just can't find it right now. Its evidence related my friends.


Event Date

Service Center : California Service Center

Consulate : Switzerland

Marriage (if applicable): 2009-07-28

I-130 Sent : 2010-08-07

I-130 NOA1 : 2010-08-10

Share this post


Link to post
Share on other sites

Oh yes,

This area may be in the interest of the VJ community to explore given that I've been quoted 500.00 dollars plus (up to 1,000) dollars by lawyers for information on the subject.

Edited by RumbaBumba

Event Date

Service Center : California Service Center

Consulate : Switzerland

Marriage (if applicable): 2009-07-28

I-130 Sent : 2010-08-07

I-130 NOA1 : 2010-08-10

Share this post


Link to post
Share on other sites

Oh yes,

This area may be in the interest of the VJ community to explore given that I've been quoted 500.00 dollars plus (up to 1,000) dollars by lawyers for information on the subject.

I am in agreement with Inky on this one, you should seek legal advice. Nevertheless below is a sample will please note that there are variations depending on whether you have minor children, adult children, no children, are divorced or single. Consult with a lawyer if your life is a mess.

Here's Joe Dimaggio's Will:

The Will of Joe DiMaggio

I, JOSEPH P. DIMAGGIO, of the City of Hollywood, County of Broward and State of Florida, being of sound and disposing mind and memory do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils by me heretofore made.

ARTICLE I



STATEMENT ON FAMILY MEMBERS

I am not married, and I have one adult child and two (2) grandchildren, to wit: my son, JOSEPH PAUL DIMAGGIO, JR., and my grandchildren, KATHERINE MARIE DIMAGGIO and PAULA SUE DIMAGGIO, both of whom are adopted children of my said son.

ARTICLE II



PAYMENT OF DEBTS, TAXES AND COSTS OF ADMINISTRATION

I direct that all estate, inheritance, succession and other death taxes of any nature, together with any interest and penalties thereon, which may be levied or assessed by reason of my death by the laws of any state or of the United States with respect to property passing under this Will or any other property shall be considered a cost of administration of my estate, and that such taxes, together with all debts which I am legally obligated to pay at the time of my death, my last illness and funeral expenses and other costs of administration of my estate, shall be paid out of my residuary estate. In the event my residuary estate is insufficient to pay such debts, expenses, costs and taxes, I direct that the amount thereof in excess of residuary estate shall be paid from other assets in the order provided by law. I authorize my Personal Representative to pay any and all of my debts which it feels, in its sole judgment and discretion, to be just and reasonable without the necessity of a formal claim being filed in the court by the creditor; provided, however, that my Personal Representative shall file its sworn statement with the court as to such debts paid within the prescribed time provided by law.

I authorize my Personal Representative to spend such sums for funeral expenses, the acquisition of a burial site, the erection of a suitable headstone or monument over my grave and for the perpetual care of my grave as he may think proper, without regard to any provisions of law limiting such expenditures.

ARTICLE III



CASH BEQUESTS

I hereby give and bequeath the sum of One Hundred Thousand Dollars ($100,000) to my nephew, JOSEPH DIMAGGIO (son of my deceased brother, MIKE DIMAGGIO).

ARTICLE IV



BEQUEST OF TANGIBLE PERSONAL PROPERTY

A. I hereby give and bequeath to my granddaughter, PAULA SUE DIMAGGIO, outright, if living, any and all tangible personal property, (excluding cash, stocks, bonds and real estate) which I may own at the time of my death. This bequest includes, but is not limited to, household furnishings, silverware, china or linens, automobiles and jewelry together with all the prepaid insurance policies on the above items. If PAULA SUE DIMAGGIO shall not survive me, then I give, devise and bequeath to her surviving issue, in equal shares per stirpes, all my tangible personal property (excluding cash, stocks, bonds and real estate) which I may own at the time of my death. This bequest includes, but is not limited to, household furnishings, silverware, china or linens, automobiles and jewelry together with all prepared insurance policies on the above items.

B. Alternate Bequest. If there is no living issue of PAULA SUE DIMAGGIO, then I bequeath any and all of my tangible personal property to my granddaughter, KATHERINE MARIE DIMAGGIO, outright, if living, if not, then to her issue, in equal shares, per stirpes. My granddaughter's issue shall divide such property among themselves amicably if able to do so; otherwise, my Personal Representative shall make the division in any manner deemed advisable, and the decisions of my Personal Representative shall be final and binding on all concerned.

If any beneficiary should be under the age of eighteen (18) years at the time distribution is required to be made to him or her under this Article of my Last Will and Testament, my Personal Representative is authorized to distribute such beneficiary's portion of this property to any suitable person selected by them, to be free of trust, for distribution to such beneficiary when he or she reaches his or her majority, and a receipt of such person shall constitute a complete acquittance to my Personal Representative.

C. Any property that is not distributed under this Article because the named beneficiary does not survive me, shall pass under and be distributed as part of residuary estate.

ARTICLE V



YANKEE CLIPPER ENTERPRISES, INC.

I hereby direct that my Personal Representative liquidate the corporation, YANKEE CLIPPER ENTERPRISES, INC., of which I owe one hundred percent (100%) of the outstanding stock as soon after ny death as possible. My personal Representative shall have the power to appoint directors and officers of YANKEE CLIPPER ENTERPRISES, INC. to effectuate the necessary liquidation of the corporation. I direct that all real estate owned by the corporation be sold as soon as possible after my death. I direct that the assets of the Corporation on liquidation be distributed to my residuary estate pursuant to the terms and conditions thereof.

ARTICLE VI



GREAT GRANDCHILDREN'S TRUSTS

I give, devise and bequeath the following:

(A) The sum of Two Hundred Fifty Thousand Dollars ($250,000) to my Trustees IN TRUST, for the following uses and purposes, said Trust to be know as the KENDAHL R. STEIN TRUST:

(1) Use of Income. My Trustee shall distribute all of the net income of the Trust on a monthly or more convenient basis, but at least quarterly, to or for the benefit of my great granddaughter, KENDAHL R. STEIN.

While any beneficiary is under the age of twenty-one (21), the Trustee shall use so much of the income of her fund for her reasonable support, comfort and education, as the Trustee determines to be required for these purposes. After she attains the age of twenty-one (21), the Trustee shall pay all of the current net income of her fund for her.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my great granddaughter, KENDAHL R. STEIN , from her Trust, so much of the principal of the Trust as may be needed for her proper maintenance, support, education, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be final and binding upon all persons whomsoever, and my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) Mandatory Distribution of Principal. My Trustee shall distribute to my great granddaughter, KENDAHL R. STEIN, from her separate Trust one-third (1/3) of the principal of her fund at the age of thirty (30). When my granddaughter shall have attained the age of thirty-five(35) years, the Trustee shall distribute to her one-half (1/2) of the remaining principal of her fund. When my granddaughter shall have attained the age of forty (40) years, the Trustee shall distribute to her the balance of the funds.

(4) Death of Great Grandchild. Should my great granddaughter, KENDAHL R. STEIN, die before her separate Trust has been distributed absolutely to her, the then remaining principal of such Trust shall be distributed to her issue, in equal shares, per stirpes, and if none, then to her brother, MITCHELL J. STEIN, if living, and if not, then to her brother's issue, in equal shares, per stirpes. Any portion thereof so divided and set apart for any issue who is the beneficiary of a separate trust hereunder which has not yet been fully distributed shall be added to the principal of such trust and managed and distributed as a part thereof under the terms of this Article; and any portion thereof set apart for any issue who is the beneficiary of a separate trust hereunder which has been fully distributed shall be distributed absolutely to such issue.

(B) The sum of Two Hundred Fifty Thousand Dollars ($250,000) to my Trustees, IN TRUST, for the following uses and purposes, said Trust to be know as the MITCHELL J. STEIN TRUST:

(1) Use of Income. My Trustee shall distribute all of the net income of the Trust on a monthly or more convenient basis, but at least quarterly, to or for the benefit of my great granddaughter, MITCHELL J. STEIN.

While any beneficiary is under the age of twenty-one (21), the Trustee shall use so much of the income of his fund for his reasonable support, comfort and education, as the Trustee determines to be required for these purposes. After he attains the age of twenty-one (21), the Trustee shall pay all of the current net income of his fund to him.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my great grandson, MITCHELL J. STEIN, from his Trust, so much of the principal of the Trust as may be needed for his proper maintenance, support, education, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be final and binding upon all persons whomsoever, and my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) Mandatory Distribution of Principal. My Trustee shall distribute to my great grandson, MITCHELL J. STEIN, from his separate Trust one-third (1/3) of the principal of his fund at the age of thirty (30). When my grandson shall have attained the age of thirty-five(35) years, the Trustee shall distribute to him one-half (1/2) of the remaining principal of his fund. When my grandson shall have attained the age of forty (40) years, the Trustee shall distribute to him the balance of the funds.

(4) Death of Great Grandchild. Should my great grandson, MITCHELL J. STEIN, die before his separate Trust has been distributed absolutely to him, the then remaining principal of such Trust shall be distributed to his issue, in equal shares, per stirpes, and if none, then to his sister brother, KENDAHL R. STEIN, if living, and if not, then to his sister's issue, in equal shares, per stirpes. Any portion thereof so divided and set apart for any issue who is the beneficiary of a separate trust hereunder which has not yet been fully distributed shall be added to the principal of such trust and managed and distributed as a part thereof under the terms of this Article; and any portion thereof set apart for any issue who is the beneficiary of a separate trust hereunder which has been fully distributed shall be distributed absolutely to such issue.

(A) The sum of Five Hundred Thousand Dollars ($500,000) to my Trustees, IN TRUST, for the following uses and purposes, said Trust to be know as the VALERIE F. HAMRA TRUST:

(1) Use of Income. My Trustee shall distribute all of the net income of the Trust on a monthly or more convenient basis, but at least quarterly, to or for the benefit of my great granddaughter, VALERIE F. HAMRA .

While any beneficiary is under the age of twenty-one (21), the Trustee shall use so much of the income of her fund for her reasonable support, comfort and education, as the Trustee determines to be required for these purposes. After she attains the age of twenty-one (21), the Trustee shall pay all of the current net income of her fund for her.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my great granddaughter, VALERIE F. HAMRA, from her Trust, so much of the principal of the Trust as may be needed for her proper maintenance, support, education, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be final and binding upon all persons whomsoever, and my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) Mandatory Distribution of Principal. My Trustee shall distribute to my great granddaughter, VALERIE F. HAMRA, from her separate Trust one-third (1/3) of the principal of her fund at the age of thirty (30). When my granddaughter shall have attained the age of thirty-five (35) years, the Trustee shall distribute to her one-half (1/2) of the remaining principal of her fund. When my granddaughter shall have attained the age of forty (40) years, the Trustee shall distribute to her the balance of the funds.

(4) Death of Great Grandchild. Should my great granddaughter, VALERIE F. HAMRA, die before her separate Trust has been distributed absolutely to her, the then remaining principal of such Trust shall be distributed to her issue, in equal shares, per stirpes, and if none, then to her sister VANESSA S. HAMRA, if living, and if not, then to her sister's issue, in equal shares, per stirpes. Any portion thereof so divided and set apart for any issue who is the beneficiary of a separate trust hereunder which has not yet been fully distributed shall be added to the principal of such trust and managed and distributed as a part thereof under the terms of this Article; and any portion thereof set apart for any issue who is the beneficiary of a separate trust hereunder which has been fully distributed shall be distributed absolutely to such issue.

(A) The sum of Five Hundred Thousand Dollars ($500,000) to my Trustees, IN TRUST, for the following uses and purposes, said Trust to be know as the VANESSA S. HAMRA TRUST:

(1) Use of Income. My Trustee shall distribute all of the net income of the Trust on a monthly or more convenient basis, but at least quarterly, to or for the benefit of my great granddaughter, VANESSA S. HAMRA .

While any beneficiary is under the age of twenty-one (21), the Trustee shall use so much of the income of her fund for her reasonable support, comfort and education, as the Trustee determines to be required for these purposes. After she attains the age of twenty-one (21), the Trustee shall pay all of the current net income of her fund for her.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my great granddaughter, VANESSA S. HAMRA , from her Trust, so much of the principal of the Trust as may be needed for her proper maintenance, support, education, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be final and binding upon all persons whomsoever, and my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) Mandatory Distribution of Principal. My Trustee shall distribute to my great granddaughter, VANESSA S. HAMRA , from her separate Trust one-third (1/3) of the principal of her fund at the age of thirty (30). When my granddaughter shall have attained the age of thirty-five (35) years, the Trustee shall distribute to her one-half (1/2) of the remaining principal of her fund. When my granddaughter shall have attained the age of forty (40) years, the Trustee shall distribute to her the balance of the funds.

(4) Death of Great Grandchild. Should my great granddaughter, VANESSA S. HAMRA , die before her separate Trust has been distributed absolutely to her, the then remaining principal of such Trust shall be distributed to her issue, in equal shares, per stirpes, and if none, then to her sister VALERIE F. HAMRA, if living, and if not, then to her sister's issue, in equal shares, per stirpes. Any portion thereof so divided and set apart for any issue who is the beneficiary of a separate trust hereunder which has not yet been fully distributed shall be added to the principal of such trust and managed and distributed as a part thereof under the terms of this Article; and any portion thereof set apart for any issue who is the beneficiary of a separate trust hereunder which has been fully distributed shall be distributed absolutely to such issue.

ARTICLE VII



RESIDUARY ESTATE

All of the rest, residue and remainder of my estate of every kind, nature and sort whatsoever, real personal or mixed, legal or equitable and wheresoever situated, which I may own, possess, hold or be seized of or entitled to, or over which I have any power of appointment at the time of my death, together with the income, rents, profits, interest and increments thereof, which may arise or accrue therefrom, I give, devise and bequeath as follows:

A. Forty-five percent (45%) to the JOSEPH PAUL DIMAGGIO, JR., TRUST to be held, IN TRUST, by my Trustees hereinafter named, for the following uses and purposes:

(1) Use of Income. My Trustee shall distribute the total amount sum of Twenty Thousand Dollars ($20,000) of the net income of the Trust on a monthly or more convenient basis, but at least quarterly, to my son, JOSEPH PAUL DIMAGGIO, JR. All net income in excess of Twenty Thousand Dollars ($20,000.00) shall be accumulated and added to the principal of the Trust. Notwithstanding the fair market value of the assets of his Trust, this provision as to the net income must be strictly adhered to.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my son, from his Trust, so much of the principal of the Trust as may be needed for his proper maintenance, support, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) General Power of Appointment. Upon the death of my son, JOSEPH P. DIMAGGIO, JR., all of the remaining principal and accumulated income of the JOSEPH P. DIMAGGIO, JR. TRUST shall be distributed as my son, JOSEPH P. DIMAGGIO, JR., may appoint by his Will and by specific reference to this Power of Appointment. The Appointment may be made only to discharge his personal legal obligations owing at his death. Any property that remains in the Trust at the death of my son that has not been appointed by his Will in accordance with the above power vested in him shall be used to pay such portion of the estate taxes payable upon his estate but not more than the difference between the amount of those taxes that would be payable upon his taxable estate exclusive of the value of this trust and the amount of the taxes payable.

(4) Distribution Upon Death of Son if Power of Appointment is Not Exercised. In the default of effective exercise of the above-referenced General Power of Appointment, the remaining principal shall be distributed as follows:
(a) Thirty percent (30%) to the KATHERINE MARIE DIMAGGIO TRUST created under this my Last Will and Testament.

(b) Seventy percent (70%) to the PAULA SUE DIMAGGIO TRUST created under this my Last Will and Testament.

B. Fifteen percent (15%) to the KATHERINE MARIE DIMAGGIO TRUST, to be held, IN TRUST, by my Trustees hereinafter named, for the following uses and purposes:

(1) Use of Income. My Trustee shall distribute all of the net income to or for the benefit of my granddaughter, KATHERINE MARIE DIMAGGIO, from her Trust on a monthly or more convenient basis, but at least quarterly.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my granddaughter, KATHERINE MARIE DIMAGGIO, from her Trust, so much of the principal of the Trust, so much of the principal of the Trust as may be needed for per proper maintenance, support, education, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be final and binding upon all persons whomsoever, and my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) General Power of Appointment. Should my granddaughter, KATHERINE MARIE DIMAGGIO, die before her separate Trust has been distributed absolutely to her, the then remaining principal of such Trust shall be distributed, upon the death of my granddaughter as she may appoint by her Will and by specific reference to this Power of Appointment. The appointment may be made only to discharge her personal legal obligations owing at her death. Any property that remains in the Trust at the death of my granddaughter that has not been appointed by her Will in accordance with the above power vested in her shall be used to pay such portion of the estate taxes payable upon her estate as may be requested by the Personal Representative of her estate but not more than the difference between the amount of those taxes that would be payable upon her taxable estate exclusive of the value of this Trust and the amount of the taxes payable.

(4) Distribution Upon Death of Granddaughter if Power of Appointment is Not Exercised. In the default of effective exercise of the above-referenced General Power of Appointment, the remaining principal shall be distributed to her living issue, per stirpes, subject to the same terms and provisions of the Trusts created for her children's benefits in Article VII of this, my Last Will and Testament. In the event there are no such issue then living, the then remaining principal of the separate trust of my deceased granddaughter shall be distributed to the PAULA SUE DIMAGGIO TRUST. Any portion thereof so divided and set apart for any issue who is the beneficiary of a separate trust hereunder which has not yet been fully distributed shall be added to the principal of such trust and held in further trust and managed and distributed as a part thereof under the terms of this Article; and any portion thereof set apart for any issue who is the beneficiary of a separate trust hereunder which has been fully distributed shall be distributed absolutely to such issue.

C. Forty percent (40%) to the PAULA SUE DIMAGGIO TRUST, to be held, IN TRUST by my Trustees hereinafter named, for the for the following uses and purposes:

(1) Use of Income. My Trustee shall distribute all of the net income to or for the benefit of my granddaughter, PAULA SUE DIMAGGIO, from her Trust on a monthly or more convenient basis, but at least quarterly.

(2) Discretionary Distribution of Principal. In addition, my Trustee may distribute to or for the benefit of my granddaughter, PAULA SUE DIMAGGIO, from her Trust, so much of the principal of the Trust as may be needed for her proper maintenance, support, education, health and welfare. Said distribution shall be at the sole and absolute discretion of my Trustee and any such distribution made by my Trustee shall be final and binding upon all persons whomsoever, and my Trustee shall be liable only for their acts or gross negligence and willful misconduct. The decision of my Trustee shall not be questioned by any beneficiary.

(3) General Power of Appointment. Should my granddaughter, PAULA SUE DIMAGGIO, die before her separate Trust has been distributed absolutely to her, the then remaining principal of such Trust shall be distributed, upon the death of my granddaughter as she may appoint by her Will and by specific reference to this Power of Appointment. The appointment may be made only to discharge her personal legal obligations owing at her death. Any property that remains in the Trust at the death of my granddaughter that has not been appointed by her Will in accordance with the above power vested in her shall be used to pay such portion of the estate taxes payable upon her estate as may be requested by the Personal Representative of her estate but not more than the difference between the amount of those taxes that would be payable upon her taxable estate exclusive of the value of this Trust and the amount of the taxes payable.

(4) Distribution Upon Death of Granddaughter if Power of Appointment is Not Exercised. In the default of effective exercise of the above-referenced General Power of Appointment, the remaining principal shall be distributed to her living issue, per stirpes, subject to the same terms and provisions of the Trusts created for her children's benefit in Article VII of this, my Last Will and Testament. In the event there are no such issue then living, the then remaining principal of the separate trust of my deceased granddaughter shall be distributed to the KATHERINE MARIE DIMAGGIO TRUST. Any portion thereof so divided and set apart for any issue who is the beneficiary of a separate trust hereunder which has not yet been fully distributed shall be added to the principal of such trust and held in further trust and managed and distributed as a part thereof under the terms of this Article; and any portion thereof set apart for any issue who is the beneficiary of a separate trust hereunder which has been fully distributed shall be distributed absolutely to such issue.

Here's Frank Sinatra's Will:

The Will of Francis Albert Sinatra

also known as

FRANK SINATRA

I, FRANCIS ALBERT SINATRA, also known as FRANK SINATRA, declare this to be my Will and revoke all former Wills and Codicils. I am a resident of Riverside County, California.

CLAUSE FIRST: Marital Status And Family.

I am married to BARBARA SINATRA, who in this Will is referred to as "my Wife." I was formerly married to NANCY BARBATO SINATRA, to AVA GARDNER SINATRA, and to MIA FARROW SINATRA, and each of said marriages were subsequently dissolved. I have three children, all of whom are the issue of my marriage to NANCY BARBATO SINATRA: NANCY SINATRA LAMBERT, FRANCIS WAYNE SINATRA, and CHRISTINA SINATRA. All of the above-named children are adults. I have never had any other children.

CLAUSE SECOND: Nomination Of Executor; Executor’s Powers.

A. I nominate ELIOT WEISMAN and HARVEY L. SILBERT to act as Co-Executors of this Will. I specifically empower my Co— Executors at any time to designate and appoint any bank or other corporate fiduciary to act as Co—Executor with them, or as Agent on their behalf, and with the further power to change the designation of the said bank or other corporate fiduciary from time to time. If either ELIOT WEISMAN or HARVEY L. SILBERT is unable, unwilling or ceases to act as Co—Executor, I nominate NATHAN S. GOLDEN to act as Co-Executor with the other of them. If two of said three individuals become unable, unwilling or ceases to act as Executor, I nominate CITY NATIONAL BANK, Beverly Hills, California, to act as Co-Executor with the remaining individual, or as sole Executor if all three of said individuals become unable, unwilling, or cease to act hereunder. Whenever the word "Executor" or "Co—Executor" is used in this Will, it shall be deemed to refer to whichever one or more of them is acting from time to time. I direct that no bond shall be required of any Executor or Co—Executor as a condition to qualifying to serve hereunder, whether acting jointly or alone.

B. I authorize my Executor to sell, lease, mortgage or encumber the whole or any part of my estate, with or without notice; to transfer registered securities into street name or to hold them in the name of a nominee, without any liability on the part of my Executor; and at the option and sole discretion of my Executor, to continue to hold, manage and operate any property, business or enterprise that may be an asset of my estate from time to time, whether in corporate, partnership (limited or general) or other form, and whether or not such asset is one in which my Executor is personally interested, the profits or losses therefrom to inure to or be charged against my estate and not my Executor. My Executor shall have absolute discretion as to how much cash, if any, to invest at interest.

C. I authorize my Executor to invest and reinvest funds of my estate, including surplus moneys and the proceeds from the sale of any assets of my estate, in every kind of property, specifically including, but not by way of limitation, corporate or governmental obligations of every kind, securities of any regulated investment trust, and stocks, preferred or common and any common trust fund administered by any corporate fiduciary under this Will.

D. It is my intention that my Executor be permitted to take advantage of all tax savings that the law of any jurisdiction allows, without regard to conflicting interests of those interested in my estate and without making any adjustments among such persons. To that end, I authorize my Executor, in my Executor’s absolute discretion, to take any one or more of the following actions as may appear advisable:

1. To join with my Wife in executing joint income tax returns;

2. To value my gross estate for federal estate tax purposes as of the date of my death or as of the alternative valuation date as allowed for such purposes;

3. To claim as estate or inheritance tax deductions, or both, expenses which would otherwise qualify as income tax deductions;

4. To elect to have gifts by my Wife treated as made one-half by me for federal gift tax purposes; and

5. To make any other elections allowed by the Internal Revenue Code or the tax law of applicable jurisdiction.

E. If at my death I hold any stock purchase warrants, stock subscription or conversion rights, or rights under any stock option plan, I authorize my Executor to exercise any or all of those warrants and rights if my Executor, in my Executor’s discretion, deems such exercise to be in the best interests of my estate and the beneficiaries thereof, and to borrow money for that purpose if my Executor, in my Executor’s discretion, deems it advisable.

F. I authorize my Executor to administer my estate under The California Independent Administration of Estates Act.

G. Upon any preliminary or final distribution of the residue of my estate, my Executor may distribute the residue in undivided interests or in kind, or in money, or partly in any of them at such valuations and according to such method or procedure as my Executor shall determine, including the power to distribute all or part of any particular asset to any beneficiary as my Executor shall determine.

H. All decisions of my Executor made in good faith shall be binding and conclusive on all persons interested in my estate, but shall be subject to such confirmation or Court authority as is required by law.

CLAUSE THIRD: Amount Of Property Disposed Of.

I intend that my Will shall govern the disposition of all property wherever situated that I have the power to will at the time of my death, including both my separate property and my one-half interest in such community property as my Wife and I may own at the time of my death.

CLAUSE FOURTH: Payment Of Debts and Taxes.

I direct my Executor to pay in full any and all lawful debts which may be owing by me at the time of my death, both secured and unsecured, and regardless of when they might otherwise be due and payable, in the following order of priority and from the following sources:

1. My Executor shall first pay and discharge in full from our community assets, including my Wife’s share thereof to the full extent her share is liable for such debts and to the full extent of such community property, any and all debts chargeable to the community estate of myself and my Wife, other than payments in satisfaction of any promissory notes secured by mortgages and/or trust deeds which are a lien on the Rancho Mirage residential real property owned by us.

2. My Executor shall next pay and discharge in full from my share of our community property the full amount of any promissory notes secured by mortgages and/or trust deeds which are a lien on the Rancho Mirage residential real property owned by us, and regardless of whether said real property is owned by us as joint tenants with the right of survivorship, as community property, or as my sole and separate property. If my share of our community property is insufficient to pay said debt in full after payment of our unsecured debts, then any shortfall in payment of this secured debt shall be paid from my separate property. No other debts secured by residential real property in which I have an interest shall be paid in full as a result of my death.

3. I direct that all estate, inheritance or other death taxes occasioned or payable by reason of my death, whether related to the bequests set forth in this will, and whether attributable to property subject to probate administration or not, and all of the expenses of administration of my estate, including but not limited to executor commissions, attorneys fees, court, publication and filing fees, and funeral expenses and expenses of my last illness, if any, shall next be paid from my share of our community property, to the full extent remaining after payment of the debts described in subparagraphs 1 and 2 above. If my share of our community property is insufficient to pay said taxes and expenses, they shall be paid from the residue of my separate property.

CLAUSE FIFTH: Specific Bequests.

I make the following specific bequests from my share of our community property to the extent such remains after payment in full of the items described in CLAUSE FOURTH above, and if my share of our community property shall be insufficient to satisfy these bequests, from my separate property:

A. To my former Wife, NANCY BARBATO SINATRA, if she survives me, the sum of Two Hundred Fifty Thousand Dollars ($250,000). If NANCY BARBATO SINATRA does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

B. To DOROTHY IJHLEMANN of North HollywoOd, California, if she survives me, the sum of Fifty Thousand Dollars ($50,000). If DOROTHY UHI~EMANN does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

C. To ELVINA JOUBERT of Rancho Mirage, California, if she survives me, the sum of Fifty Thousand Dollars ($50,000). If ELVINA JOUBERT does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

D. To JILLY RIZZO, if he survives me, the sum of One Hundred Thousand Dollars ($100,000). If JILLY RIZZO does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

E. To my Wife’s SOn, ROBERT OLIVER MARX, if he survives me, the sum of One Hundred Thousand Dollars ($100,000). If ROBERT OLIVER MARX does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

F. To my daughter, CHRISTINA SINATRA, if she survives me, the sum of Two Hundred Thousand Dollars ($200,000). If CHRISTINA SINATRA does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

G. To my son, FRANCIS WAYNE SINATRA, if he survives me, the sum of Two Hundred Thousand Dollars ($200,000). If FRANCIS WAYNE SINATRA does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

H. To my daughter, NANCY SINATRA LAIIBERT, if she survives me, the sum of Two Hundred Thousand Dollars ($200,000). If NANCY SINATRA LAMBERT does not survive me, this gift shall lapse and shall be considered as part of the residue of my estate.

I. To the Trustees of that certain Trust established by me and my former Wife, NANCY BARBATO SINATRA, by Trust Agreement dated December 13, 1983, for the benefit of the children of NANCY SINATRA LAMBERT, the sum of One Million Dollars ($1,000,000), to be added to the assets of said trust and allocated equally between the separate trusts being administered thereunder for the benefit of my two grandchildren, ANGELA JENIFER LAMBERT and AMANDA KATHERINE LAMBERT.

J. To my Wife, BARBARA SINATRA, provided that we are married and living together at the time of my death, all of my rights as licensor pursuant to that certain License Agreement dated February 29, 1988 with Sheffield Enterprises, Inc., including my twenty-five percent (25%) royalty thereunder, or in the alternative such shares of Capital Stock of Sheffield Enterprises, Inc. as I may have acquired during my lifetime in exchange for said rights. If my Wife does not survive me or we are not married and living together at the time of my death, this gift shall lapse and shall be considered as part of the residue of my estate.

K. To my Wife, BARBARA SINATRA, provided that we are married and living together at the time of my death, my interest in that certain Master Recording entitled "Trilogy", and all rights to royalties and future distribution related thereto. If my Wife does not survive me or we are not married and living together at the time of my death, this gift shall lapse and shall be considered as part of the residue of my estate.

L. I give to my children, in undivided interests as tenants in common, upon the principle of representation, my community interest in that certain partnership known as Wilshire—Camden AssociateS, in which I am a limited partner.

M. I hereby forgive any and all loans or indebtedness which may exist at the time of my death, whether in writing or otherwise, which may be owed to me by any of my children.

CLAUSE SIXTH: Confirmation Of Separate and Joint Tenancy Assets.

A. I confirm to my Wife, if she survives me, my interest in the real property situated in Riverside County, California, and commonly known as 70—588 Frank Sinatra Drive, Rancho Mirage, California, including all adjacent guest houses on the grounds thereof, commonly known as 70—200, 70-548, and 70-630 Frank Sinatra Drive, Rancho Mirage, California, which property is held of record by my Wife and I as joint tenants with the right of survivorship.

B. I confirm to my Wife, if she survives me, my interest in the real property situated in Los Angeles County, California, and commonly known as 915 Foothill Road, Beverly Hills, California 90210, which property is held of record by my Wife and I as joint tenants with the right of survivorship.

C. I confirm to my Wife, if she survives me, my interest in the real property situated in Riverside County, California, and commonly known as 1130 Starlight Lane, Rancho Mirage, California, which property is held of record by my Wife and I as joint tenants with the right of survivorship.

D. I confirm to my Wife as her sole and separate property the parcel of real property situated in Riverside County, California, and commonly known as 36928 Pinto Palm Drive, Cathedral City, California.

E. I confirm to my Wife, if she survives me, my interest in the real property situated in Los Angeles County, California, and commonly known as 30966 Broad Beach Road, Malibu, California 90265, subject to all existing encumbrances. If said parcel of real property is not held of record by my Wife and I as joint tenants with the right of survivorship on the date of my death, I give my interest in the said parcel of real property to my Wife, if she survives me and if we are married and living together at the time of my death, and in such event, if my Wife fails to survive me, or we are not married and living together at the time of my death, the above-described real property shall be considered as part of the residue of my estate.

CLAUSE SEVENTH: Gifts Of Tangible Personal Property

A. I give to my Wife, if she survives me, and we are married and living together at the time of my death, all of the silverware, books, displayed paintings, and household furniture and furnishings located in the homes described in CLAUSE SIXTH above, and xay interest in any policies of insurance covering the foregoing items of personal property. If my Wife fails to survive me or we are not married and living together at the time of my death, the above-described personal property and any policies of insurance covering such personal property shall be considered as part of the residue of my estate.

B. I give all of my jewelry, art objects, clothing, household furniture and furnishings, personal automobiles (except the 1988 Rolls Royce and the 1990 Mercedes which are the separate property of my Wife), train collections, music and recording collections, memorabilia and other tangible articles of a personal nature, and my interest in any such property not otherwise specifically disposed of by this Will or in any other manner, together with any insurance on such property existing at the time of my death, in the following manner;

1. My Executor shall first return to any child of mine any of such items which said child may have given to me;

2. My Executor shall then honor such written contractual commitments, if any, which I may have entered into during my lifetime for delivery of such items of personal property at my death;

3. I give all of my sheet music to my son, FRANK WAYNE SINATRA;

4. Thereafter each of my Wife, if she survives me and we are married and living together at the time of my death, and each of my children who survive me may designate to my Executor any of the aforementioned items of property which that beneficiary ~& desirous of receiving. My Executor shall have all such objects appraised in the manner he deems appropriate, and the appraised value shall be allocated to the requesting beneficiary. My Wife shall be entitled to receive up to a maximum of twenty-five percent (25%) of the total aggregate value of such property, and my children shall be entitled to receive the remaining maximum aggregate value of seventy five percent (75%) of such property, with each of my three children being entitled to receive a maximum of one—third of said remainder, or twenty-five percent (25%) of the total aggregate value of the whole of said property, upon the principle of representation. If my Wife should fail to survive me or we are not married and living together at the time of my death a].]. of said property shall be divided amongst my children. If none of my children or their issue survive me, such property shall be considered as part of the residue of my estate. Notwithstanding the foregoing, my Executor shall have the authority, in my Executor sole and absolute discretion, to distribute any of my personal items and memorabilia to such of my friends and my employeeS as he may deem appropriate.

C. I give to my Wife, if she survives me and we are married and living together on the date of my death, from my share of our community property remaining after the payment and distribution of all amounts and specific bequests hereinabove in this Will set forth, such additional assets, valued at the date of my death, as equals the total sum of Three Million Five

Hundred Thousand Dollars ($3,500,000); provided, however, that if my share of our community property remaining after the payment and distribution of all amounts and specific bequests herein in this Will set forth, is insufficient to provide my Wife with said total sum of Three Million Five Hundred Thousand Dollars ($3,500,000), I give my Wife all of my then remaining community property; Provided, further, if my Wife fails to survive me, or we are not married and living together on the date of my death, this gift shall lapse and shall be considered a part of the residue of my estate.

CLAUSE EIGHTH: Power Of ApPointment.

I hold a limited power of appointment conferred upon me by the Somerset Trust established by that certain declaration of trust dated January 1, 1989 in which I am the Trustor, which power is given me pursuant to numbered paragraph 5 on page 8 of said declaration of trust. I hereby exercise said power of appointment by appointing and giving all assets subject to it in equal shares to CHRISTINA SINATRA, FRANK WAYNE SINATRA, and NANCY SINATRA LANBERT, or the issue of any of them who do not survive me, according to the principle of representation, and if any of them should predecease me leaving no issue, to the survivors of them.

CLAUSE NINTH: Gift Of Residue.

A. I give the residue of my community property estate and all of my separate property remaining after giving effect to the foregoing provisions of this Will, in equal shares to CHRISTINA SINATRA, FRANK WAYNE SINATRA, and NANCY SINATRA LAMBERT, or the issue of any of them who survive me, according to the principle of representation, and if any of them should predecease me leaving no issue, to the survivors of them.

B. If none of my issue survive me, I give the residue of my estate to my heirs, according to the laws of succession of the State of California in force at the date of this Will.

CLAUSE TENTH: No Contest Clause.

A. If any devisee, legatee or beneficiary under this Will, or any legal heir of mine or person claiming under any of them directly or indirectly engages in any of the following conduct, then in that event I specifically disinherit each such person, and all such legacies, bequests, devises and interests given under this Will or any trust created by me at any time to that person shall be forfeited as though he or she had predeceased me without issue, and shall augment proportionately the shares of my estate going under this Will to, or in trust for, such of my deviSeeS, legateeS and beneficiaries who have not participated in such acts or proceedings:

1. contests this Will or, in any manner, attacks or seeks to impair or invalidate any of its provisions,

2. claims entitlement to any asset of my estate by way of any written or oral contract (whether or not such claim is successful),

3. unsuccessfully challenges the appointment of any person named as an executor or a trustee,

4. objects in any manner to any action taken or proposed to be taken in good faith by my Executor, whether my Executor iS acting under court order, notice of proposed action or otherwise, whether such objection is successful or not,

5. objects to any construction or interpretation of my Will, or any provision of it, that is adopted or proposed in good faith by my Executor,

6. unsuccessfully seeks the removal of any person acting as an executor,

7. files any creditor’s claim in my estate that is based upon a claim arising prior to the date of this Will (without regard to its validity),

8. claims an interest in any property alleged by executor to belong to my estate (whether or not such claim is successful),

9. challenges the characterization proposed by my Executor of any property as to whether it is separate or community (without regard to the ultimate resolution of the merits of such challenge),

10. challenges the position taken by my Executor as to the validity or construction of any written agreement entered into by me during my lifetime,

11. attacks or seeks to impair or invalidate any of the following:

a. any designation of beneficiaries for any insurance policy on my life;

b. any designation of beneficiaries for any pension plan or IRA account;

c. any trust which I created or may create during my lifetime or any provision thereof;

d. any gift which I have made or will make during my lifetime;

e. any transaction by which I have sold any asset to any child or children of mine (whether or not any such attack or attempt is successful),

12. conspires with or voluntarily assists anyone attempting to do any of these things; or

13. refuses a request of my Executor to assist in the defense against any of the foregoing acts or proceedings.

B. Further, if any of my Wife’s issue or my grandchildren do any of the things referred to in this CLAUSE TENTH, then any legacy, bequest, device or other interest which would otherwise pass to my Wife or the parents of my grandchildren who so act, as the case may be shall likewise be forfeited, and such forfeiting legatees shall be deemed to have predeceased me without issue.

C. Expenses to resist any contest or other attack of any nature upon any provision of this Will shall be paid from my estate as expenses of administration.

d. in the event that any provision of this CLAUSE TENTH, including any of the provisions of the subparagraphs of paragraph A hereof, is held to be invalid, void or illegal, the same shall be deemed severable from the remainder of the provisions in this CLAUSE TENTH and shall in no way affect, impair or invalidate any other provision in this CLAUSE TENTH. If such provisiOn shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.

CLAUSE ELEVENTH: Conflicts of Interest; ExculDation.

The following provisions shall be applicable to any Executor or Co-Executor under this will (hereafter "fiduciary"):

A. Any fiduciary, or any firm with which a fiduciary is affiliated, that performs services in connection with the regular operations of any business, partnership, firm or corporation in which my estate is financially interested may be compensated for services independently of compensation for services as a fiduciary hereunder.

B. The general rule of law whereby actions, decisions, or transactions are held to be void or voidable if a fiduciary is directly or indirectly interested therein in a non-fiduciary capacity shall not be applicable to transactions between my estate and any business entity in which the individual fiduciary is involved. I recognize that the dual role of my fiduciary may result in situations involving conflicts of interest or selfdealing, and it is my express intent that my fiduciary shall not be liable as aforesaid, except in the event of his own bad faith or gross negligence. Notwithstanding the foregoing, all such transactions shall be fair and reasonable. The fiduciary’s power hereunder shall be exercised in good faith for the benefit of my estate and in accordance with the usual fiduciary obligations, except that the rule against self-dealing shall not be applicable as provided in this paragraph.

C. A fiduciary who is an attorney, accountant, investment advisor or other professional shall not be disqualified from rendering professional services to my estate and from being compensated on a reasonable basis therefor in addition to any compensation which he or she is otherwise entitled to receive as fiduciary; neither shall a firm with which a fiduciary is associated be disqualified from dealing with, rendering services to or discharging duties for my estate and from being compensated theref or on a reasonable basis.

D. No fiduciary under this Will shall be liable to any person interested in my estate for any act or default of that fiduciary or of any other fiduciary or any other person, unless resulting from that fiduciary’s own bad faith or gross negligence.

CLAUSE TWELFTH: ~

If on the date of the order of distribution of any of my property, the leqatee thereof is a minor, such property may, in my Executor’s discretion, be delivered to a custodian chosen by my Executor to be held by such custodian for such minor under the California Uniform Transfers To Minors Act. At the time of such delivery, my Executor may also designate one or more successor custodians to act if such custodian becomes unable, unwilling or ceases to so act, and my Executor may specify whether or not any such custodian or successor custodian shall be required to post bond.

CLAUSE THIRTEENTH: IntePREtation of This Will.

A. As used in this Will, the terms "child," "children," "grandchild", "grandchildren", and "issue" shall include only children born in wedlock and lawfully adopted children and issue of such children.

B. As used in this Will, and to the extent appropriate, the masculine, feminine and neuter gender shall include the other two genders, the singular shall include the plural, and the plural shall include the singular.

C. If there is no sufficient evidence that my Wife and I died otherwise than simultaneously, it shall be presumed, f or the purposes of this Will, that my Wife died before me.

D. For the purposes of this Will, any beneficiary who dies within thirty (30) days after my death shall be deemed to have died before me.

E. No interest shall be paid on any gift, legacy or right to income under this Will or any Codicil to it.

F. The Table of Contents and the headings used herein are solely for the purpose of setting forth the organizational outline of this Will and are not to be considered provisions hereof.

G. If any provision of this Will shall be invalid or unenforceable, the remaining provisiOnS hereof shall subsist and be carried into effect.

H. Except as otherwise specifically provided, the validity and construction of this Will and all rights hereunder shall be governed by the laws of the State of California.

SIGNED at , California, on , 1991.

FRANCIS ALBERT SINATRA

also known as

FRANK SINATRA

Here's Jerry Garcia's Will:

The Will of Jerry Garcia

TABLE OF CONTENTS

WILL OF JEROME J. GARCIA

REVOCATION OF PRIOR WILLS

DECLARATIONS

COMMUNITY PROPERTY

PERSONAL PROPERTY

GUITARS

DISTRIBUTION OF RESIDUE OF ESTATE

ULTIMATE DISTRIBUTION

TRUSTEE'S POWERS

PAYMENT OF TAXES AND EXPENSES

NO CONTEST CLAUSE

SPENDTHRIFT PROVISION

EXECUTOR'S APPOINTMENT AND POWERS

TRUSTEE'S APPOINTMENT AND COMPENSATION

GUARDIAN

DELAYED DISTRIBUTION

DEFINITIONS

WILL OF JEROME J. GARCIA

I, JEROME J. GARCIA, also known as JERRY GARCIA, a resident of Marin County, California, hereby make, publish and declare this to be my Last Will and Testament.

FIRST REVOCATION OF PRIOR WILLS

I revoke all Wills and Codicils heretofore made by me.

SECOND DECLARATIONS

I declare that I am married; my wife's name is DEBORAH KOONS. We have no children by our marriage. I have four children now living from prior relationships, namely HEATHER GARCIA KATZ, born December 8, 1963, ANNABELLE WLAKER GARCIA, born February 2, 1970, THERESA ADAMS GARCIA, born September 21, 1974, and KEELIN GARCIA, born December 20, 1987. I have no deceased children leaving issue, and I have not adopted any children. The terms ``child'' or ``children'' as used in this Will shall refer only to my children and if any person shall claim and establish any right to participate in my estate other than as provided in this Will, whether as heir or in any other capacity whatsoever, I give and bequeath to each such person the sum of One Dollar ($1.00).

THIRD COMMUNITY PROPERTY

I declare my intention to dispose of all property, real and personal, of which I have the right to dispose by Will, including any and all property as to which I may have at the time of my death a power of appointment by Will. I confirm to my wife her interest in our community property. It is my intention by this Will to dispose of all my separate Property and of my one-half (1/2) interest in our community property.

FOURTH PERSONAL PROPERTY

Except as specifically provided hereinbelow, I give my jewelry, clothing, household furniture and furnishings, personal automobiles, books, pictures, objects of art and other tangible articles of a personal nature, or my interest in such property, which I may have at the time of my death, not otherwise specifically disposed of by this Will or in any other manner, together with any insurance on such property, to my wife, if she survives me for sixty (60) days, and if she does not, then to such of my children, by representation, who survive me for sixty (60) days in equal shares as they shall agree, or as my Executor shall, in my Executor's discretion, determine if my children do not agree within one hundred fifty (150) days of my death.

In the absence of a conflict of interest, my Executor shall represent any child under age eighteen (18) in matter relating to any distribution under this Article FOURTH, including selection of the assets that shall constitute that child's share, and my Executor may, in my Executor's discretion, sell for the child's account any part of that child's share. Any property or its proceeds distributable to a child under age eighteen (18) pursuant to this Paragraph may be delivered without bond to the guardian of such child or to any suitable person with whom he or she resides or who has the care or control of him or her.

If neither my wife nor any of my children shall survive me, then this gift shall lapse and such property, and any insurance thereon, shall become part of the residue of my estate.

FIFTH GUITARS

I give all my guitars made by DOUGLAS ERWIN, to DOUGLAS ERWIN, or to his estate if he predeceases me.

SIXTH DISTRIBUTION OF RESIDUE OF ESTATE

After payment of all my debts, my last illness and funeral expenses, and provision for my child support obligations for KEELIN GARCIS, my marital settlement agreement with CAROLYN ADAMS GARCIA which is being drafted at the time of signing this will, and my agreement with MANASHA MATHESON regarding the house to be owned one-half by her and one-half by the trust established for KEELIN GARCIA which is being drafted at the time of signing this will, my Executor shall divide and distribute the remainder of my estate for my wife/husband and children as follows:

A. If my wife survives me for sixty (60) days, I give her one-third (1/3) of my estate outright and free of trust. If my wife fails to survice me for sixty days this bequest shall lapse and the amount shall be included with the remainder of my estate under paragraph B.

B. I give the remaining two-thirds (2/3) of my estate, or if my wife fails to survive me, my entire remaining estate, to my daughters, my friends, and my brother as follows:

1. The following shares shall be distributed outright and free of trust, by right of representation, to the persons indicated:

HEATHER GARCIA KATZ ONE-FIFTH (1/5)

ANNABELLE WALKER GARCIA ONE-FIFTH (1/5)

SUNSHINE MAY WALKER KESEY ONE-TENTH (1/10)

CLIFFORD GARCIA ONE-TENTH (1/10)

2. I give to the Trustee hereinafter named, IN TRUST, for the benefit of my younger daughters, THERESA ADAMS GARCIA and KEELIN GARCIA, one-fifth (1/5) of my estate for each, to be held, administered and distributed as a separate trust for each child as follows: a. So long as my child is living and is under age twenty-one (21), the Trustee shall pay to or apply for her benefit, as much of the net income and principal of the Trust as the Trustee, in the Trustee's absolute discretion, shall deem necessary for her proper support, health, maintenance and education, after taking into consideration, to the extent the Trustee shall deem advisable, any other income or resources of my child, known to the Trustee. Any net income not distributed shall be accumulated and added to principal.

b. When the child attains the age of twenty-one (21), the trust share allocated on account of such child shall thereupon be distributed free of trust to that child.

c. If my child dies prior to receipt of her entire share of principal and income provided herein, and that child is survived by issue, then the remaining principal and income shall be held in trust for those issue under the terms of this subparagraph 2. If my child is not survived by issue, then the remaining principal and income shall be distributed free of trust to the other residual beneficiaries receiving fractional interests in my estate under this paragraph B in proporation to those fractional interests, by right of representation; provided, however, if a part of that balance would otherwise be distributed to aperson for whose benefit a trust is then being administered under this Will, that part shall instead be added to that trust and shall thereafter be administered according to its terms.

d. Whenever provision is made in this Article SIXTH for payment for the ``education'' of a beneficiary, the term ``education'' shall be construed to include college and postgraduate study, so long as pursued to advantage by the beneficiary at an institution of the beneficiary's choice; and in determining payments to be made for such college of post-graduate education, the Trustee shall take into consideration the beneficary's related living expenses to the extent that they are reasonable.

e. Notwithstanding the directions given as to the distribution of income and principal in this Article SIXTH, any trusts established by this Article shall terminate, if they have not previously terminated, twenty-one (21) years after the death of the survivor of the class composed of my wife/husband and all my issue living at my death, and the then remaining principal and undistributed income of such trusts shall be paid to my issue or other beneficiaries then living to whom income payments could be made under such trusts immediately prior to its termination under this clause, such issue to take by right of representation.

SEVENTH

ULTIMATE DISTRIBUTION

If at the time of my death, or at any later time before full distribution of any Trust established under Article SIXTH, all my issue are deceased, and no other disposition of the property is directed by this Will, the estate or the portion of it then remaining shall there upon be distributed to those persons who would then by my heirs, their identities and respective shares to be determined as though my death had then occurred and according to the laws of the State of California then in effect relating to the succession of separate property not acquired from a predeceased spouse.

EIGHTH

TRUSTEE'S POWERS

I give to the Trustee of all of the Trusts established under this Will the following powers, in addition to and not in limitation of the common-law and statutory powers, and without application or permission of any court.

A. To retain any property, real or personal, which the Trustee may receive, even though such property (by reason of its character, amount, proportion to the total Trust Estate or otherwise) would not be considered appropriate for a Trustee apart from this provision.

B. To sell, exchange, give options upon, partition, or otherwise dispose of any property which the Trustee may hold from time to time at public or private sale or otherwise, for cash or other consideration or on credit, and upon such terms and for such consideration as the Trustee shall think fit, and to transfer and convey the same free of all trust.

C. To invest and reinvest the Trust Estate from time to time in any property, real or personal, including (without limiting the generality of the foregoing language) securities of domestic and foreign corporations and investment trusts, common trust funds, including those established by any successor corporate fiduciary which acts as Executor and Trustee hereunder, bonds, preferred stocks, common stocks, mortgages, mortgage participation, even though such investment (by reason of its character, amount, proportion to the total Trust Estate or otherwise) would not be considered appropriate for a Trustee apart from this provision, and even though such investment causes a greater proportion of the principal to be invested in investment of one type or of one company than would be considered appropriate for a Trustee apart from this provision; to lend money to any and all persons, including any or all of the beneficiaries hereof, upon such terms and conditions as the Trustee in the Trustee's sole discretion deems proper; in connection with such loans the Trustee may or may not demand security therefor or interest thereon as the Trustee in the Trustee's sole discretion deems proper.

D. To improve any real estate held in the Trust Estate, including the power to demolish any buildings in whole or in part and to erect buildings; to lease real estate on such terms as the Trustee thinks fit, including leases for periods that my extend beyond the duration of the Trusts, and to grant renewals thereof; and to foreclose, extend, assign, partially release and discharge mortgages.

E. To borrow money from any lender even though a successor fiduciary hereunder, execute promissory notes therefor, and to secure said obligations by mortgage or pledge of any of the Trust property.

F. To compromise or arbitrate any claim in favor of or against the Trust Estate; to commence or defend any litigation concerning the Trust Estate which the Trustee in the Trustee's absolutie discretion considers prudent, and costs and expenses of such, including reasonable attorney's fees, to be borne by the Trust Estate; to give or receive consideration in any settlement to reduce the rate of return on any investment, with or without consideration; to prepay or accept prepayment of any debt; to enforce, abstain from enforcing, release or modify, with or without consideration, any right, obligation, or claim; to extend and renew any obligation or hold the same after maturity without extension or renewal; to accept deeds in lieu of foreclosure and pay consideration for the same; to determine that any property is worthless or of insufficient value to warrant keeping or protecting, and to abandon any such property or convey the same with or without consideration; and to use any portion of the Trust Estate to protect any other portion of the Trust Estate.

G. To vote all securities held as a part of the Trust Estate, or to join in a voting trust or other lawful form of stockholders' agreements respecting the voting of shares for such period as the Trustee deems proper; to pay all assessments on such securities, to exercise options, subscriptions and conversion rights on such securities, with respect thereto; to employ such brokers, banks, counsel, custodians, attorneys or other agents, and to delegate to them such powers (including, among others, the right to vote shares of stock held in trust) or join in a voting trust or other lawful form of stockholders' agreements respecting the voting of shares for such periods as the Trustee deems proper; and to cause securities held from time to time to be registered in the name of the Trustee, or in the name of the Trustee's nominee with or without mention of the Trust in any instrument of ownership, and to keep the same unregistered or to retain them in condition that they will pass by delivery.

H. To incur and pay all taxes, assessments, costs, charges, fees and other expenses of every kind which the Trustee deems necessary or advisable in connection with the administration of the Trust created hereby, including reasonable Trustee's fees.

I. To join in or oppose any reorganization, recapitalization, consolidation ormerger, liquidation or foreclosure, or any plan therefor; to deposit property with, and delegate discretionary power to any committee or depository; to pay assessments, expenses and compensation; and to retain any property issued therein; to exercise or sell conversion or subscription rights, and to retain the property received.

J. To hold, manage, invest and account for the several shares which may be held in trust, either as separate funds or as a single fund, as the Trustee deems proper; if as a single fund, making the division thereof only upon the Trustee's books of account and allocating to each share its proportionate part of the principal and income of the common fund and charging against each share its proportionate part of the common expenses.

K. To keep any or all of the Trust property at any place or places in California or elsewhere in the United States or abroad, or with a depository or custodian at such place or places.

L. In dividing the Trust Estate into shares or in distributing the same, to divide or distribute in cash or in kind as the Trustee thinks fit. For purposes of division or distribution, to value the Trust Estate reasonably and in good faith, and such valuation shall be conclusive on all parties. Where distribution or division is made in kind, the Trustee shall, so far as the Trustee finds practicable, allocate to the beneficiaries proportionate amounts of each kind or security; or other property of the Trust Estate.

M. The Trustee is authorized in the Trustee's discretion to retain from income distributable to any beneficiary an amount equal to the income tax (Federal and State) the Trustee estimates will be imposed upon such income; any sums so withheld shall be applied to the tax liability of such beneficiary. Nothing herein shall be construed as imposing an obligation upon the Trustee to retain any sums for the purpose mentioned, nor that said tax shall be assumed or borne by the assets held for such beneficiary. No liability shall attach to the Trustee if the Trustee acts or fails to act as authorized in Subparagraph M.

N. To partition, without sale, any real or personal property held jointly or in common with others or distributable to one or more persons hereunder; to pay or receive consideration to effect equality of partition; to unite with any other owner in the management, leasing, use of improvement of any property.

O. To determine, as to all property received, whether and to what extent the same shall be deemed to be principal or income and as to all charges or expenses paid, whether and to what extent the same shall be charged against principal or against income, including, without limiting the generality of the foregoing language, power to apportion any receipt or expense between principal and income and to determine what part, if any, of the actual income received upon any wasting investment or upon any security purchased or acquired at a premium shall be retained and added to principal to prevent diminution of principal upon exhaustion or maturity thereof. In this regard, the Trustee in the Trustee's absolute discretion, may, but shall not be required to, if the Trustees deems it proper, allocate receipts or charges and expenses to income or principal according to the Principal and Income Law of the State of California as it may from time to time exist. All allocation of receipts or charges and expenses shall be conclusive on all persons interested in any trusts created hereby.

P. In all matters to administer and invest the Trust Estate as fully and freely as an individual owner might do, without any restrictions to which fiduciaries are ordinarily subject, except the duty to act in good faith and with reasonable care.

Q. The Trustee shall also have the power to do all things necessary to continue any business enterprise, in whatever form, owned or controlled by me upon my death for such period as the Trustee shall deem to be in the best interests of the Trust Estate.

R. The Trustee is authorized to employ attorneys, accountants, investment advisors, specialists and such other agents as he shall deeme necessary or desirable. The Trustee shall have the authority to appoint an investment manager or managers to manage all or any part of the assets of the Trust Estate, appointments shall include the power to acquire and dispose of such assets. The Trustee may charge the compensation of such attorneys, accountants, investment advisors, specialists and other agents and any other expenses against the Trust Estate.

NINTH

PAYMENT OF TAXES AND EXPENSES

I direct that all estate, succession or other death taxes, duties, charges or assessments that may by reaso of my death be attributable to my probate estate or any portion of it, or to any property or transfers of property outside my probate estate, including but not limited to burial expenses, expenses of last illness, attorney's fees, executor's fees, appraiser's fees, accountant's fees and other expenses of administering my estate shall be paid by the Executor from the estate in the same manner as if said taxes were a debt of my estate, without apportionment, deduction, or reimbursement thereof and without adjustment thereof among my beneficiaries. Provided, however, if there is inadequate cash in my estate to pay such taxes and expenses, then my executor may borrow such funds as I have given authority in Article TWELFTH below.

TENTH

NO CONTEST CLAUSE

If any beneficiary of my Will or any Codicil hereto or of the Trusts created hereunder before or after the admission of this Will to probate, directly or indirectly, contests or aids in the contest of the same or any provision thereof, or contests the distribution of my estate in accordance with my Will or any Codicil, the provisions herein made to or for the benefit of such contestant or contestants are hereby revoked and for the purpose of my Will and any Codicil, said contestant or contestants shall be deemed to have predeceases me.

ELEVENTH

SPENDTHRIFT PROVISION

Each and every beneficiary under the Trust or Trusts created by this Will is hereby restrained from and is and shall be without right, power, or authority to sell, transfer, pledge, hypothecate, mortgage, alienate, anticipate, or in any other manner affect or impair his, her or their beneficial and legal rights, titles, interests, claims and estates in and to the income and/or principal of said trusts, and the rights, titles, interests and estate of any beneficiary thereunder shall not be subject nor liable to any process of law or court, and all of the income and/or principal under said trusts shall be paid over to the beneficiary in person, or, in the event of the minority or incompetency of any beneficiary, to the guardian of that beneficiary in such manner as in the Trustee's discretion seems most advisable at the time and in the manner provided by the terms of the Trust.

TWELFTH

EXECUTOR'S APPOINTMENT AND POWERS

I hereby nominate and appoint my wife DEBORAH KOONS, and my attorney DAVID M. HELLMAN, as Executor of this Will. If either of them shall be, or become unable or unwilling to act, then the survivor shall act with JEFFREY E. EHLENBACH. No bond or other security shall be required of any person who acts as Executor hereunder.

A. I hereby expressly authorize and empower my Executor to sell and dispose of the whole or any portion of my estate, real or personal, and wherever situate, as and when and upon such terms as my Executor deems proper, at public or private sale, with or without notice, and without first securing any order or court therefor. I further grant to my Executor all the powers granted to the Trustee under Article EIGHTH hereof, insofar as such powers are appropriate for the administration of my estate and the probate of my Will;

B. If my Executor in good faith decides that there is uncertainty as to the inclusion of particular property in my gross estate for federal estate tax purposes, my Executor shall exclude such property from my gross estate in the estate tax return. My Executor shall not be liable for any loss to my estate or to any beneficary, which loss results from the decision made in good faith that there is uncertainty as to the inclusion of particular property in my gross estate.

C. The decision of my Executor as to the date which should be selected for the valuation of property in my gross estate for federal estate tax purposes shal be conclusive on al concerned;

D. When a choice is available as to whether certain deductions shall be taken as income tax deductions or estate tax deductions, the decision of my Executor in this regard shall be conclusive on all concerned and no adjustment of income and principal account shall be made as a result of such decision;

E. Beginning as of the date of my death and until the establishment of the trusts provided for herein, my Executor shall make such payments of estate income, which is allocable to trust assets, as would be required if the trusts had actually been established at the date of my death.

F. My Executor is authorized to execute and deliver disclaimers under Internal Revenue Code X2518 and California Probate Code XX260 through 295 or any successor statute.

THIRTEENTH

TRUSTEE'S APPOINTMENT AND COMPENSATION

I hereby nominate and appoint my wife DEBORAH KOONS, and my attorney DAVID M. HELLMAN, as Trustee of this Will. If either of them shall be, or become unable or unwilling to act, then the survivor shall act with JEFFREY E. EHLENBACH. No bond or other security shall be required of any person who acts as Trustee hereunder.

The individual Trustees shall be entitled to receive reasonable commissions similar to those charged by corporate Trustees in the San Francisco Bay Area. Any successor Trustee shall be entitled to reasonable compensation for its services.

FOURTEENTH

GUARDIAN

If MANASHA MATHESON does not survive me, I hereby nominate and appoint SUNSHINE MAY WALKER KESEY, as the guardian of KEELIN GARCIA, if she is then a minor. No bond shall be required of any person who acts as guardian hereunder.

FIFTEENTH

DELAYED DISTRIBUTION

I direct that no interest shall be payable on account of any delary in distributing any devise, bequest, or legacy under my Will or any Codicial thereto.

SIXTEENTH

DEFINITIONS

The words ``Executor,'' ``Trustee,'' ``child,'' ``children,'' and ``beneficiary,'' as used herein, shall comprehend both the singular and the plural, and the masculine or feminine shall be deemed to include the other wherever the context of this Will requires. This Will and any Codicil shall be interpreted under the California law as in effect at the date of signature of such document.

IN WITNESS WHEREOF, I have hereunto set my hand this May 12, 1994.

Jerome J. Garcia

That should get you started in drafting your own, these serve as excellent templates for most cases. Remember, as always, YMMV. good.gifgood.gifgood.gif


IR5

2007-07-27 – Case complete at NVC waiting on the world or at least MTL.

2007-12-19 - INTERVIEW AT MTL, SPLIT DECISION.

2007-12-24-Mom's I-551 arrives, Pop's still in purgatory (AP)

2008-03-11-AP all done, Pop is approved!!!!

tumblr_lme0c1CoS21qe0eclo1_r6_500.gif

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×