LAST WILL AND TESTAMENT OF ALVINA M. ROLOFF
I, ALVINA M. ROLOFF, of Clark County, Washington, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud or undue influence of any person whomsoever, do make, publish and declare this to be my LAST WILL AND TESTAMENT, hereby revoking all prior Wills and Codicils by me made,
I direct that my Personal Representative, hereinafter named, pay all of my lawful debts and funeral expenses from the residue of my probate estate. My personal representative is relieved from the duty of seeking contribution from non-probate assets for payment of my lawful debts and funeral expenses unless my probate estate is insolvent.
IDENTIFICATION OF FAMILY
I am a single woman. I have two children now living, namely: GENE E. ROLOFF and MARIE A. CHEATHAM. I declare that I have no other children, nor do I have any deceased children who left surviving lineal descendants.
I have grandchildren who are the children of GENE E. ROLOFF and MARIE A. CHEATHAM. I anticipate I may in the future have an additional grandchild or grandchildren. The term "grandchildren" as used herein refers to all of my then living grandchildren, including those who may be born in the future.
My son, GENE E. ROLOFF has also used the name "David Solomon".
I have previously gifted my home, subject to my reservation of a life estate, to my daughter, MARIE A. CHEATHAM. I am knowingly and intentionally making no provisions for any of my relatives except as provided herein,
III. SPECIAL BEQUESTS OF PERSONAL PROPERTY
A. I may now have, or in the future may prepare, sign, and date a list of tangible personal property and designate the recipient of each item. It is my intent that such writing qualify as a testamentary disposition of these items in accordance with R.C.W. 11.12.260 as now in effect or as amended in the future. If any such person namied is a minor, said property shall be held by the parent or guardian of said minor in trust until said minor reaches 18 years of age; said Trustee to serve without bond. If a person named in the list to receive property dies before me, the property he or she was to have received will be disposed of under the residue clause of this Will, unless I have made an alternate disposition in the list.
B. I give and bequeath all of my jewelry, clothing, household goods, furniture and furnishings, and other tangible articles of a personal nature, such as pictures and keepsakes, not otherwise specifically disposed of in the list, if any, provided for in the preceding paragraph, to MAKIE A. CHEATHAM. I desire, but do not direct, that MARIE A. CHEATHAM distribute such property to such persons, including herself, as she believes I would wish to be the recipients of such property.
RESIDUE OF ESTATE
I hereby give, devise, and bequeath all of the rest, residue and remainder of my estate of every kind and nature and wheresoever situate, whether real, personal or mixed, as follows:
One half (1/2) unto GENE E. ROLOFF, provided he survives me. In the event he shall predecease me or he shall refuse his share, then his share shall pass to my surviving grandchildren in equal shares.
One-half (1/2) unto my surviving grandchildren in equal shares.
V. DESIGNATION OF PERSONAL REPRESENTATIVE
I hereby appoint MARIE A. CHEATHAM to serve as Personal Representative my
estate. If she shall fail or cease to act for any reason, then I appoint DANIEL
T. CHEATHAM as Personal Representative. No Personal Representative named in
this Will shall be required to furnish bond in any jurisdiction. I declare this
to be a nonintervention Will. My Persona! Representative shall have full power
to deal in any
lawful way with the property of my estate without notice, approval, or confirmation of any kind, at the time, for the consideration, and on the terms and conditions as my Personal Representative shall deem advisably whether or not the exercise of the power is necessary for the purpose of paying debts of the estate, costs of administration, or making distribution of the estate. This power shall include, by way of illustration and not of limitation, the power to sell, convey, mortgage, and encumber any assets of my estate to advance funds and borrow money, to select any part of my estate in satisfaction of any distribution under this Will, and to distribute my estate in kind, in money, or both. In making distributions hereunder, my Personal Representative may allocate, particular assets or portions thereof or undivided interests therein to any one or more of the beneficiaries hereunder without regard to the income tax basis of specific property allocated to any beneficiary or any pro rata scheme of distribution.
In the event any beneficiary is under the age of twenty one (21) my Personal
Representative may elect to distribute the share of said beneficiary to a "Custodian
under the Washington Uniform Gifts to Minors Act," as selected by my Personal
Representative. My Personal Representative shall not be required to see to the
application of payments so made and the receipt of any such person therefor
shall be a
full discharge for the Personal Representative.
VI. PAYMENT OF TAXES
I direct that all death taxes payable by reason of my death, including federal and state estate taxes on my assets passing through my probate estate, be paid by my personal representative out of the residue of the estate that I dispose of in this Will, without proportional adjustment among residual beneficiaries. My personal representative is relieved from the duty of seeking contribution from non-probate assets for payment of any of my taxes unless my probate estate is insolvent.
VII. WITNESS AFFIDAVITS
I request that the attesting witnesses to my Will make an Affidavit before a Notary Public stating such facts as they would be required to testify to a court to prove such Will.
IN TESTIMONY WHEREOF, I have hereunto set my hand and do publish this my LAST WILL AND TESTAMENT on this 24th day of April, 2000, in the presence of Rita M. Wilson and Joyce E. Kujava at Battle Ground, Washington, said persons being requested to act as witnesses.
ALVINA M. ROLOFF
The undersigned, of lawful age and competent to testify, being duly sworn, each for himself, testifies as follows:
The foregoing document was executed by the testatrix on the date it bears.
The testatrix declared the document to be her Last Will and Testament and requested us to sign the same as witnesses.
At the request of and in the presence of the testatrix and in the presence of the Notary Public and each other, the other witness and I subscribed our names as witnesses hereto.
At the time of executing the document, testatrix and witnesses were of the age of majority and the testatrix appeared to be of sound and disposing mind, and not acting under duress, menace, fraud, undue influence, or misrepresentation.
SUBSCRIBED AND SWORN to before me this 24th day of April, 2000,
Rita M. Wilson and
NOTARY PUBLICS and for the State of
Washington; my commission expires:
ALVINA M. ROLOFF
LAST WILL AND TESTAMENT OF ALVINA M. ROLOFF
JILL R. KURTZ, Attorney for the Estate
JACKSON, JACKSON, & KURTZ, INC., P.S,
704 East Main Street, Suite 102
Battle Ground, WA 98304
Pnone: (360) 6S7-7106 FAX: (360)687-3121