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HomeMy WebLinkAboutPROOF OF OWNERSHIP - 21-00165 - Lot 1, Grover Subdivision - RPR4GVR0000010 - Lot Splita19&)16 ALLIANCE TITLE & ESCF P 0 BOX 732 CERTIFICATE I HEREBY CERTIFY THE FOREGOING INSTRUMENT TO BEA TRUE AND COR. RECT COPY of THE ORIG. INAL ON FILE IN MY OFFICE. 7 d c FJUL - 2 i 013 REXBU RG, ID 83440 �'%'NDISONCc' DATED1 Kim H. M MadWn County Clerk, Auditor and Recorder. DIS'T'RICT COURT SEVENL MADISON CO MAGISTRATE DIV SibN In the Matter of the Estate of: LOIS W. GROVER, a/k/a LOIS MABEL WALKER GROVER, Deceased. MADISON ISTRICT rofile No. 387828 DAY Mar 2014 )3 O'Clock 44 PM KIM H. MUIR MADISON CO RECORDER ALLIANCE Case No: CV -13- 115"/ "/ LETTERS TESTAMENTARY - REXBURG OFFICE Val Grover, Steven Grower, and Michelle Steel were duly appointed and qualified as Co -Personal Representatives of the estate of the above named Decedent, by the Magistrates Division of the Seventh Judicial District of the State of Idaho, in and for the County of Madison. Said Co -Personal Representatives were granted all authority to administer the estate of the above named Decedent. Administration of this estate is unsupervised. These letters are issued to evidence the appointment, qualification, and authority of the said Co -Personal Representatives. WITNESS, my signature and the Seal of this Court, this .29)1�day of June, 2013. LETTERS TESTAMENTARY 387828 -5ee pe -1-00 g�� -'�, 2. APPOINTMENTS. I appoint my wife, Lois W. Grover, as Personal Representative of my Will and estate. If said Personal Representative fails or ceases to serve at any time, l appoint Val Grover, Michelle Steel and Steve Grover to act as Co -Personal Representatives in her place. if one or more or said successor Co -Personal Representatives fails or ceases to serve at any time, l direct that the surviving Co -Personal Representative or Co - Personal Representatives continue to act as Co -Personal Representatives or Personal Representative as the case may be. 3. ADMINISTRATION. In the administration of my estate, my Personal Representative shall be as free from court supervision as the applicable law will allow. In addition, no more probate action than the minimum required by law shall be required unless in the sole discretion of my Personal Representative it is thought to be of advantage to my estate. My Personal Representative shall have all authority not expressly denied by this Will allowed under the applicable law, including authority to sell, lease, or mortgage any property in my estate upon any terms said Personal Representative regards as suitable. BOND. There shall be no bond requirement for any Personal Representative, guardian, or trustee under the terms of this Will so for as it is possible to waive this requirement under the law. 5. TAXES, DEBTS AND, ESTATE EXPENSES. 1 hereby direct my Personal Representative to pay. out of the assets of my estate all of my legal debts, my funeral and burial expenses, all costs of administration of my estate, and any estate and inheritance taxes payable by reason of my death. 6. DISPOSITION OF ASSETS. 1. Assets Not Placed in Trust. I intend to leave at my death a writing or writings executed under Idaho Code Section § 15-2-513 which provides for the disposition of items of personal and household effects. I give the items set forth in the writing(s) which 1 shall have -2- prepared prior to my death to the person or persons designated as the recipient of such item. I give to my wife all my interest or equity in all household goods and furnishings, vehicles, savings accounts, and checking accounts. All my property, real and personal, that is not placed into the trust described below, shall also go to my surviving spouse. In addition, my surviving spouse shall have full use of all my property, both real and personal, and income until such time as my estate has been probated and throughout the survivorship period. She is not liable for such use or consumption. acquired during my 2. Testamentary Trust. It is my purpose to reduce the federal estate tax if my wife survives me and to eliminate, to the extent possible, any federal estate tax payable why my wife dies, and all of the provisions of my Will shall be interpreted and applied to accomplish my declared purpose. If my wife survives me, l give to my Trustees, Val Grover, Steven Grover and Michelle Steel or rvivor(s) of them, as Co -Trustees, in Trust, on the terms set forth below: Property to be Transferred to A suni in real or personal property in value up to the maximum amount that can be given, not to exceed the amount established in the Unified Tax Credits by the I.R.S. Code in effect at the time of my death, but not to exceed my one half interest in our community properly. My Personal Representative(s) shall select the assets to be transferred to this Trust from my one-half of the community property, which assets shall be placed in said trust. 2. Trustees' Management. My Trustees shall hold, numage, invest and reinvest the principal of this trust, shall collect all of the income therefrom, and shall pay or apply the entire net income thereto to or for the benefit of my wife, annually, or if my Trustees, in their discretion, deem it advisable, in more frequent installments, and upon her death, all assets shall be transferred to the Family Limited Partnership to be set up and established. The general partners shall be the above-named Co -Trustees, or the survivor(s) of them., The limited partners shall be all of my ten (10) children. My express directive is that to avoid any issues of unfairness, any distributions made to my children be made in cash and not property, and when distributions are made under the Family Limited Partnership, said distributions are to be made in cash and not property. 3. Trustees' Distributions. My Trustees shall distribute to my wife at anytime or from time to time, such part or all of this Trust as my Trustees shall, in their discretion, deem advisable for the support, maintenance or health in accordance with the standard of living enjoyed by her at the time of my death, and in exercising this discretion, my Trustees shall take into account my wife's income and/or capital resources from any other sources. 1 direct that the discretion of my Tmstecs for this purpose be liberally exercised in favor of my wife, 4. Early Termination of Trust. If, in the sole opinion of my Trustees, the trust fund created in this Will shall at anytime be of a size which in their sole judgment, shall make it inadvisable or unnecessary to continue such trust, then anything contained in this Will or any codicil hereto to the contrary notwithstanding, my Trustees, in thew sole discretion, shall pay -4- the entire principal of such trust to my wife, absolutely. 5. Cooperation. Since l anticipate that some, if not all, trust property will be held by my Trustees along with my wife as joint owner of her half of our community property in her own right, upon the death of my wife, lire personal representative of her estate and my trustee (if not the same 'persons) shall act cooperatively. The distribution of the trust assets may be made at any convenient time, but shall not be required to be made until her estate is distributed in order that the total estate may be distributed at the same time, and the personal representative or Trustees shall have all of the powers of sale and management herein granted to my Trustees until distribution so that continued management of the assets will not be interrupted. It is likely that her personal representative and my Trustees, or visa versa, will be the same parties. G. Trustees Accountability. The Trustees shall use reasonable judgment and shall have my full authority and trust in making all decisions, but shall not be held accountable for such decisions tudess the same are made with criminal intent, fraudulently, or with gross negligence. The Trustees may counsel with my spouse as well as other parties, but all aspects of ownership or title to my said property shall remain solely with the Trustees and all effective actions or decisions concerning such property shall be those of the trustees, free of domination or undue influence by any other person. In the event my Trustees and my spouse or other family members disagree as to the handling of trust affairs, my trustees' decisions are to be final. in the event of disagreement among Trustees, a decision made by the majority of them shall control. & //�/�/�-'' �' IKLR -5- 7. Failure of Spouse to Survive Me. Should my wife not survive me, as above provided, no trust will be created and all my property 1 have at my death will pass directly from myself or my estate as set forth in the following provisions: a. In the event that I survive my spouse, I direct that my personal representative pay all costs, (axes and expenses and then all remaining assets shall be transferred to the family limited partnership as set forth above. 8. Name of the Trust. The name of the Trust shall be "The Dean R. Grover Family Bypass Trust dated (as of the date of its execution.)" 9. The above references to "Trust", "Trust agreement" and "Trustees" shall be considered as creating a trust or trust agreement as fully as if the same had been set out in a separate document over a separate signature or signatures and any party, heir or otherwise, who attempts to deny or challenge the intents of these agreements and directions shall be resisted as fully and forcefully by the named trustee as he or she feels appropriate, Should any spurious, unwarranted or unsuccessful claim be made by any party, my personal representative or my trustees are hereby empowered to charge the claimant's share, including a specific gift, with all reasonable costs and expenses of resisting such claim or settling such dispute or argument, Further, I direct that the distribution by my estate and the trust created by my spouse, or her estate and the trust created by this Will shall be coordinated to the extent possible to simplify all dealings and transfers. 7. NON -CONTEST PROVISION. The omission on the part of the Testator to give, devise, or bequeath to any other person or persons whomsoever is 100, —6— intentional. Should any known or unknown relative or other person, whether named or referred to herein or not, claim or contest the distribution of any part of my estate, or any part of the trust created by my estate, I bequeath to him/her or them ONE DOLLAR ($1.00) each and revoke any and all other gifts to him, her or them made by these terms. Ifurther direct my personal representative or trustee to expend sours from my properly to enforce these LEGAL MATTERS. In the probate of this Will and in all matters concerning my estate, I suggest that my Personal Representative consult with and/or employ as his/her or their attorney E. Scott Lee of Rexburg, Idaho, who prepared this Will. IN WITNESS WHEREOF, 1, Dean R. Grover, have set my hand to this, my Last Will and Testament, on this day of February 2005, at Rexburg, Idaho, and being first duly sworn, do hereby declare to the undersigned notary that I sign mid execute this instrument as my Last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in it, that I am 18 years of age or older, of sound mind and under no constraint or undue influence. L4,44 Z DEAN R. GROVER We, KRISTAN PETERSON and MARY DERRY, the undersigned attesting witnesses, on this _ day of February 2005, sign our names to this instrument, being first duly swom, and do hereby declare to the undersigned notary that the above named testator signs and executes this instrument as his Last Will and that he signs it willingly, and that each of us in the presence and hearing of him and of each other, hereby signs this Will as witness to him signing, and that to the -7-