Njs Draft Will Example
Njs Draft Will Example
OF
Prepared by:
I, Kathlene Julia Somerville, make, publish and declare this to be my Last Will
and Testament, revoking all wills and codicils at any time heretofore made by me. I have never
been married. I have one child, Michael Joseph Somerville. At the time of making this
document I am domiciled in Illinois but I reside at 1322 Patterson Ave. S.E., Washington DC
20374 as a result of my military service. I am in the military service of the United States,
currently stationed at Washington Navy Yard, Washington DC 20374.
Note does
Tax apportionment FIRST: I direct that the expenses of my last illness and funeral and the expenses
not
of the administration of my estate shall be paid from my residuary estate without apportionment.
include
I direct that all estate, inheritance and similar taxes payable with respect to property included in
my estate, whether or not passing under this will, and any interest or penalties thereon, shall be "Just
apportioned among the people interested in my estate in the manner provided by law in the debts"
absence of a contrary direction in this will. Any generation-skipping transfer tax under Chapter
13 of the Internal Revenue Code shall be charged to the property constituting the
generation-skipping transfer on which such tax is imposed, as provided in Section 2603(b) of the
Code. I authorize my personal representative to elect to defer the payment of taxes under
Section 6166 of the Internal Revenue Code or applicable state law and, if such election is made,
to charge interest on the deferred tax to income or principal and to create a lien on property
belonging to my estate for the deferred tax under Section 6324A of the Code or applicable state
law.
Disposition of remains directed, not just "desired"!
SECOND: I direct that, upon my death, my body be cremated and my ashes
scattered in my cat's litter box. I have not contracted for or paid for any funeral arrangements.
THIRD: I give the following real estate, and all rights that I have under any
related insurance policies, to the following beneficiaries:
Real estate gift to adults with proper contingent beneficiaries!
I give my house located at 888 Kingswood St., San Diego, CA 92114 to my friend Sarah
A. Romero if she survives me, but if she does not survive me then this gift shall pass
instead to my sister Mary Loretta Somerville if she shall survive me, but if she too fails to
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survive me then this gift shall pass instead to the San Diego California County Humane
Society or its State authorized successor institution or agency.
FOURTH: I give the following real estate, and all rights that I have under any
related insurance policies, to the following beneficiaries: Real estate to children if adults,
otherwise liquidate and add to Para 7
(a) I give the house located at 321 Gator Drive, Fort Walton, FL 32548 to my son Michael
Joseph Somerville and any child born to me hereafter in equal shares. If all of these
Beneficiaries are the age of thirty-five (35) years or older at the time of my death the
house shall be sold by my Executor at the then existing fair market value or higher and
the proceeds hereunder shall be paid and distributed to the then living Beneficiaries in
equal shares free of trust.
(b) If however, any child of mine is under the age of thirty-five (years) at the time of my
death the house shall be sold by my Executor at the then existing fair market value or
higher and the proceeds shall be given to my trustee of the trusts created under Paragraph
Note SEVENTH and held by my trustee, in TRUST, pursuant to the provisions of
proper PARAGRAPH SEVENTH.
location Specific gift of personal property with lapse proper lapse stmt
for gift of FIFTH: I give my entire coin collection to my friend Sarah Romero, if she
ALL survives me, but if she does not survive me then this gift shall lapse and pass instead under the
OTHER residue of my estate.
Personal
Property All other tangible personal property is given as hereafter provided with respect to
my residuary estate.
Unambiguous disinheritance clause improved by drafter.
SIXTH: I absolutely and unequivocally disinherit Martin Roy Somerville, my
brother. All provisions of this will, including without limitation any provisions which may refer
to persons taking by intestacy, shall be construed to effectuate such disinheritance of Martin Roy
Somerville, my brother as though he died before me with no surviving issue.
SEVENTH: I give any SGLI life insurance proceeds, commercial life insurance
proceeds, death gratuities, unpaid pay and allowances, survivors benefits and any other proceeds
payable to this Paragraph SEVENTH as a result of my death to be held and disposed of for the
benefit of Michael J. Somerville and any child born hereafter to me in equal shares (hereinafter
referred to as the "Beneficiaries") in accordance with the following provisions:
Pre- Inserted by drafter
residuary If all of the Beneficiaries are the age of thirty-five (35) years or older at the time
trust for of my death the trust assets shall be paid and distributed to the then living Beneficiaries in equal
all sums shares free of trust.
due as a
result of If any Beneficiary is under the age of thirty-five (35) years at the time of my death
client's the share of such Beneficiary shall not be paid or distributed to such Beneficiary but instead shall
death be given to my trustee and held by my trustee, IN TRUST, pursuant to the following provisions:
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(i) My trustee shall hold, manage, invest and reinvest each share
set aside for each Beneficiary in a separate trust for the benefit of
such Beneficiary and may pay all or any part of the net income
from each such trust to or for the benefit of the Beneficiary thereof,
for the health, education, maintenance and support of the
Beneficiary, to such extent and at such time or times and in such
manner as may be determined in the sole discretion of my trustee.
Any net income not so paid shall be accumulated and added to
principal at least annually and thereafter shall be held,
administered and disposed of as a part thereof.
(iii) When any Beneficiary shall attain the age of twenty-five (25)
years, one third of the principal of such Beneficiary's trust then
remaining shall be paid and distributed to such Beneficiary.
When any Beneficiary shall attain the age of thirty (30) years, one
half of the principal of such Beneficiary's trust then remaining
shall be paid and distributed to such Beneficiary. If any
Beneficiary is twenty-five (25) years of age or older, but under When and how
thirty (30), upon the creation of such Beneficiary's trust, one third
the children will
of the principal of such Beneficiary's trust then remaining shall be
receive their
paid and distributed to such Beneficiary, discharged of trust. If
separate shares.
any Beneficiary is thirty (30) years of age or older upon the
creation of such trust, two thirds of the principal of such Note the DL
Beneficiary's trust then remaining shall be paid and distributed to Program
such Beneficiary, discharged of trust. automatically
created the
(iv) When any Beneficiary shall attain the age of thirty-five (35) separate trusts
years, the trust for such Beneficiary shall terminate and any re- because we
maining principal and income shall be paid and distributed to such selected the
Beneficiary, discharged of trust. If such Beneficiary dies before correct DL button
said age, such principal and income shall be paid and distributed to do so.
to, or held in further trust for the benefit of, such one or more
persons, corporations or other entities (other than such Beneficiary,
creditors of such Beneficiary, the estate of such Beneficiary, or
creditors of the estate of such Beneficiary), to such extent, in such
amounts and proportions and in such lawful interests or estates,
whether absolute or in trust, as such Beneficiary may appoint by
specific reference to this power of appointment in the last will and
testament of such Beneficiary, executed after attaining majority
and admitted to probate, or absent such appointment (or absent my
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trustee receiving notice of the existence of such a will within 3
All children and grand- months after the death of such Beneficiary) such principal and
children (issue) have income shall be paid and distributed to any then living issue of
failed to survive client. such Beneficiary, per stirpes, or if such Beneficiary has no issue to
We planned for this my then living issue, per stirpes. If any such issue is a beneficiary
problem and have of a trust under this will, the same may be held in accordance with
consulted with client to such trust. If there are no then living issue, the same shall be paid
identify specific and distributed to my sister Mary Loretta Somerville and my sister
contingent in law Mary Anita Somerville in equal shares or all to the survivor
beneficiaries. If they of them, but if neither Mary L. Somerville nor Mary Anita
too fail to survive client Somerville shall survive me then the same shall be paid to the
then the Pre-residuary beneficiaries of my residuary estate then in being as provided in
fund passes as if she this will, or if there are none, to those who would take from me as
died intestate if I were then to die without a will, unmarried and the absolute
owner of the same, and a resident of the State of Illinois.
NINTH: I give all the rest, residue and remainder of my property and estate,
both real and personal, of whatever kind and wherever located, that I own or to which I shall be
in any manner entitled at the time of my death (collectively referred to as my "residuary estate"),
as follows:
Residuary If Michael Joseph Somerville and any child born hereafter to me in equal shares
estate (all survives me, to Michael Joseph Somerville and any child born hereafter to me in
other things equal shares. If Michael Joseph Somerville and any child born hereafter to me in
not previously equal shares does not survive me, my residuary estate shall be paid and distributed
mentioned) in to any then living issue of Michael Joseph Somerville and any child born
TRUST. (Aka hereafter to me in equal shares, per stirpes. If, however, Michael Joseph
Residuary Somerville and any child born hereafter to me in equal shares or any such child of
Trust)
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Michael Joseph Somerville and any child born hereafter to me in equal shares
shall be under the age of thirty-five (35) years (Michael Joseph Somerville and
any child born hereafter to me in equal shares and each such child being
hereinafter referred to as a "Beneficiary"), the share of such Beneficiary shall not
be paid or distributed to such Beneficiary but instead shall be given to my trustee
and held by my trustee, IN TRUST, pursuant to the following provisions:
(i) My trustee shall hold, manage, invest and reinvest each share
set aside for each Beneficiary in a separate trust for the benefit of
such Beneficiary and may pay all or any part of the net income
from each such trust to or for the benefit of the Beneficiary thereof,
for the health, education, maintenance and support of the
Beneficiary, to such extent and at such time or times and in such
manner as may be determined in the sole discretion of my trustee.
Any net income not so paid shall be accumulated and added to
principal at least annually and thereafter shall be held,
administered and disposed of as a part thereof.
(iii) When any Beneficiary shall attain the age of twenty-five (25)
years, one third of the principal of such Beneficiary's trust then
remaining shall be paid and distributed to such Beneficiary.
When any Beneficiary shall attain the age of thirty (30) years, one
half of the principal of such Beneficiary's trust then remaining
shall be paid and distributed to such Beneficiary. If any
Beneficiary is twenty-five (25) years of age or older, but under
thirty (30), upon the creation of such Beneficiary's trust, one third
of the principal of such Beneficiary's trust then remaining shall be
paid and distributed to such Beneficiary, discharged of trust. If
any Beneficiary is thirty (30) years of age or older upon the
creation of such trust, two thirds of the principal of such
Beneficiary's trust then remaining shall be paid and distributed to
such Beneficiary, discharged of trust.
(iv) When any Beneficiary shall attain the age of thirty-five (35)
years, the trust for such Beneficiary shall terminate and any re-
maining principal and income shall be paid and distributed to such
Beneficiary, discharged of trust. If such Beneficiary dies before
said age, such principal and income shall be paid and distributed
to, or held in further trust for the benefit of, such one or more
persons, corporations or other entities (other than such Beneficiary,
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creditors of such Beneficiary, the estate of such Beneficiary, or
creditors of the estate of such Beneficiary), to such extent, in such
amounts and proportions and in such lawful interests or estates,
whether absolute or in trust, as such Beneficiary may appoint by
specific reference to this power of appointment in the last will and
testament of such Beneficiary, executed after attaining majority
and admitted to probate, or absent such appointment (or absent my
trusteecontingent
Proper receiving notice of the existence of such a will within 3
months afterinthe death of such Beneficiary) such principal and
beneficiaries
income
event all shall
issuebe of paid and distributed to any then living issue of
such predecease
client Beneficiary, per stirpes, or if such Beneficiary has no issue to
my then
her; drafter living issue, per stirpes. If any such issue is a beneficiary
inserts.
of a trust under this will, the same may be held in accordance with
such trust. If there are no then living issue, the same shall be paid
and distributed to my sister Mary Loretta Somerville and my sister
in law Mary Anita Somerville in equal shares or all to the survivor
of them, but if neither Mary L. Somerville nor Mary Anita
Somerville shall survive me then the same shall be paid to the
beneficiaries of my residuary estate then in being as provided in
this will, or if there are none, to those who would take from me as
if I were then to die without a will, unmarried and the absolute
owner of the same, and a resident of the State of Illinois.
Powers of PR/Executor
and Trustee Para 10 TENTH: I authorize my personal representative to allocate any amount of the
exemption from generation-skipping transfer (GST) taxes under Section 2631(a) of the Internal
Revenue Code to such property of which I am the transferor as my personal representative shall
select, in the sole discretion of my personal representative, whether or not such property passes
under this will, including property transferred by me during life, whether or not I allocated any
GST exemption to such property during my life, and without any duty to favor beneficiaries
under this will over beneficiaries of property passing outside this will.
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Separate trusts with identical terms created pursuant to this Article may be
invested in different ways and the pattern of discretionary distributions in one trust need not be
followed in the other. My trustee shall be authorized to hold said separate trusts in solido or to
combine them into a single trust at any time during the administration of the trusts.
Whenever two trusts hereunder are directed to be combined into a single trust (for
example, because property of one trust is to be added to the other trust), if said trusts have
different inclusion ratios with respect to any common transferor or have different transferors for
GST tax purposes, I authorize my trustee, in the sole discretion of my trustee, instead of
combining said trusts, to administer them as two separate trusts with identical terms in
accordance with the provisions that would have governed the combined trusts. If anyone adds
property to a trust hereunder after my death, I authorize my trustee to hold the added property as
a separate trust with terms identical to the trust to which it would have been added.
I authorize my trustee of any trust under this will (other than any beneficiary of
such trust) of which a child of mine is authorized to receive net income to confer upon such child
a general power of appointment (as defined in Section 2041 of the Code) over all or part of the
principal of the trust (including a pecuniary sum). Any power thus conferred may be made
exercisable by deed or will, but in any event the exercise of such power may take effect only
upon such child's death and may dispose only of the principal as then constituted. My trustee
(other than any beneficiary) may revoke any such power previously conferred; may confer a new
power after a revocation; and in conferring any power may make the exercise of such power
require the consent of my trustee (other than any beneficiary). Without limiting the discretion
of my trustee, I anticipate the authority of my trustee under this Article will be used if doing so
will reduce GST taxes more than it increases estate taxes, consistent with my overall dispositive
plan as expressed herein. If such a power is conferred over a portion of the principal of the
trust, the trust may be divided into corresponding fractional shares constituting separate trusts of
which one shall be subject to the power and the other not (and such separate trusts may later be
recombined) in the sole discretion of my trustee (other than any beneficiary). I authorize my
trustee (other than any beneficiary) to release irrevocably the right to confer or revoke a general
power hereunder. My trustee shall confer or revoke a general power hereunder and consent to
the exercise of a general power by an acknowledged instrument in writing.
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What PR/Exec or Trustee may do with regard to retirement
accounts paid to them as representative of estate.
ELEVENTH: The following provisions concern retirement benefits that
become distributable to my personal representative or trustee (whether directly or through my
estate) by reason of my death. As used herein, "retirement benefits" means amounts held in or
payable pursuant to a plan (of whatever type) qualified under Section 401 of the Internal
Revenue Code, or an individual retirement arrangement under Section 408 or 408A of the Code,
or a tax sheltered annuity under Section 403 of the Code, or any other benefit plan subject to the
minimum distribution rules of Section 401(a)(9) of the Code or the corresponding provisions of
any subsequent federal tax law.
(a) My personal representative or trustee may exercise any right to determine the
manner and timing of payment of retirement benefits that is available to the
recipient of the benefits.
(d) No retirement benefits shall be used to pay taxes, debts and expenses of my
estate if doing so would be deemed to materially reduce the payout period of any
pension plan or retirement account.
(e) My personal representative and trustee shall comply with all requirements set
forth in the Internal Revenue Code and regulations thereunder now or hereafter in
effect applicable to the designation of a trust as the beneficiary of retirement
benefits.
SPENDTHRIFT
CLAUSE Para 12 TWELFTH: No disposition, charge or encumbrance on any income or principal
of any trust hereunder or my estate by any beneficiary thereof shall be valid or binding upon my
personal representative or trustee. No beneficiary shall have the right to assign, sell, pledge,
encumber, anticipate, dispose of, or otherwise transfer in any manner (voluntary or involuntary)
any such income or principal until the same shall be paid to such beneficiary by my personal
representative or trustee. No such income or principal shall be subject in any manner to any
claim of any voluntary or involuntary creditor of any beneficiary or liable to attachment,
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garnishment, execution or other legal or equitable process prior to its actual receipt by the
beneficiary. The right of any beneficiary to any income or principal hereunder shall be subject
to all charges or deductions which my personal representative or trustee may make under law or
any provision of this will. Upon making any payment of income or principal from any trust
hereunder or my estate, my personal representative and trustee shall be released fully from all
further liability therefore.
To not conflict with trust
language (by drafter) THIRTEENTH: If any principal or income of my estate or any trust hereunder
vests in absolute ownership (free of trust hereunder) in a minor or incompetent not discussed in
Paragraphs FOURTH, SEVENTH or NINTH, my personal representative or trustee, at any time
and without court authorization, may: distribute the whole or any part of such property to the
beneficiary; or use the whole or any part for the health, education, maintenance and support of
the beneficiary; or distribute the whole or any part to a guardian, committee or other legal
representative of the beneficiary, or to a custodian for the beneficiary (including a custodian
appointed by my personal representative or trustee without court order) under any gifts to minors
or transfers to minors act, or to the person or persons with whom the beneficiary resides.
Evidence of any such distribution or the receipt therefore executed by the person to whom the
distribution is made shall be a full discharge of my personal representative and trustee from any
liability with respect thereto, even though my personal representative or trustee may be such
person.
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full disclosure to my personal representative or trustee of the results of all such
examinations and all opinions and suggested treatments by the beneficiary's
treating physician, on an ongoing basis. My personal representative and trustee
shall maintain strict confidentiality of those results and shall not disclose those
results to any person other than the beneficiary without the prior written
permission of the beneficiary.
(c) If, in the opinion of the examining doctor, the examination indicates current
or recent use of a drug or substance as described above, the examining doctor
shall be asked to determine an appropriate method of treatment for the beneficiary
(for example, counseling or treatment on an in-patient basis in a rehabilitation
facility) that is acceptable to my personal representative or trustee. If the
beneficiary consents to the treatment, my personal representative or trustee shall
pay the costs of treatment directly to the provider of those services from the
distributions suspended under this Article.
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The word "minor" wherever used in this Article THIRTEENTH shall mean any
person who shall be under the age of twenty-one (21) years.
Modified by Drafter
FOURTEENTH: My personal representative and trustee shall have all of the
powers provided in the Illinois Compiled Statutes, as amended, or any successor thereto, and
the powers conferred by law upon fiduciaries in every jurisdiction in which my personal
representative and trustee may act. In addition, the following powers are conferred upon both
my personal representative and trustee, exercisable in the sole discretion of my personal
representative and trustee, as the case may be:
Powers to (a) To retain and hold any property for any period, whether or not the property is
allow PR of the character permissible for investment by fiduciaries under any applicable
or Executor law, and without regard to the effect the retention may have upon diversification
as well as of investments.
Trustee to
(b) To sell, exchange, grant options on, transfer or otherwise dispose of any
take
property, real or personal, at public or private sale, for cash or on credit, secured
whatever
or unsecured, at such time or times, in such manner and upon such terms and
steps are conditions as my personal representative or trustee shall deem advisable.
deemed
correct to (c) To invest and reinvest in common or preferred stocks, bonds, securities,
maximize mortgages, investment trusts, common trust funds, mutual funds, regulated
value of investment companies, evidences of rights or interests, and other property, real or
estate personal, domestic or foreign, whether or not the investments are permissible for
fiduciaries under any applicable law and without regard to diversification.
(d) To render liquid my estate or any trust in whole or in part, at any time and
from time to time, and to hold cash or readily marketable securities of little or no
yield for such periods as my personal representative or trustee shall deem
advisable.
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to any new or existing corporation or limited liability company in exchange for
stock or membership interests; to form one or more partnerships with any person
in any jurisdiction, to have my estate, any trust or a nominee be a general or
limited partner, and to transfer assets of my estate or any trust to any new or
existing partnership as a capital contribution; to enter into one or more joint
ventures or associations with any person in any jurisdiction, and to commit assets
of my estate or any trust to the purposes of those ventures or associations; and to
retain as an investment for any period any securities, partnership interests or other
assets resulting from any such actions.
(h) To enter into, modify or terminate agreements with any person regarding
voting rights, management, operation, retention or disposition of interests in
corporations, partnerships, joint ventures, associations or other businesses of my
estate or any trust, regardless of whether any agreement is in effect when that
business interest is received by my personal representative or trustee; to retain and
continue to operate, or permit the operation of, any business, on the terms which
governed when received by my personal representative or trustee or on different
terms; to invest additional sums in any business, even to the extent that my estate
or any trust may be invested entirely in any business, without liability for any loss
resulting from lack of diversification; to act as or select other persons (including
any beneficiary) to act as directors, officers, managers or employees of any
business, with reasonable compensation without regard to their being a fiduciary
or beneficiary and, in the case of my personal representative or trustee, without
regard to the commissions allowed by law; to discontinue any business or sell or
otherwise dispose of any interest therein on such terms and conditions as my
personal representative or trustee shall deem advisable; and to make such other
arrangements with respect to any business as my personal representative or trustee
shall deem advisable. I exonerate my personal representative and trustee from
any loss resulting from the retention or operation of any business or any
depreciation in the value thereof, unless such loss shall result from the gross
negligence or willful misconduct of my personal representative or trustee.
(i) To vote, in person or by general or limited proxy, any shares of stock or other
securities or property; to exercise or dispose of any options, subscription or
conversion rights, or other privileges or rights of any other nature; to become a
party to, or deposit securities or other property under, or accept securities or other
property issued under any voting trust or similar agreement; to assent to or
participate in any reorganization, readjustment, recapitalization, consolidation,
merger, dissolution, liquidation, sale or purchase of assets, lease, mortgage,
election, contract, agreement, or other action or proceeding by any corporation; to
deposit securities or other property under, or become a party to, any agreement or
plan for any such action or proceeding or for the protection of holders of
securities; to subscribe to new securities or exchange property in connection with
the foregoing; to delegate discretionary powers to any reorganization, creditors,
stockholders or similar committee or protective group; and to pay any
assessments or expenses in connection with the foregoing.
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(j) To drill, test, explore, maintain, develop and otherwise exploit, either alone or
jointly with others, any and all property in which my estate or any trust hereunder
may have any rights or interests of whatsoever kind or nature with respect to oil,
gas, minerals, timber or other natural resources, whether originally a part of my
estate or such trust or subsequently acquired, and to pay the costs and expenses
thereof, together with all delay rentals, bonuses, royalties, overriding royalties,
drilling and operating expenses, taxes, assessments and other charges and burdens
in connection therewith; to enter into operation, farm-out, pooling or utilization
agreements in connection with any and all of such rights and interests; and to
extract, remove, process, convert, retain, store, lease, sell or exchange such rights
and interests and the production therefrom, all in such manner, to such extent, on
such terms and for such consideration as my personal representative or trustee
may deem advisable.
(k) To pay, collect, adjust, compromise, settle or refer to arbitration any claim in
favor of or against my estate or any trust, and to institute, prosecute or defend
such legal proceedings as my personal representative or trustee shall deem
advisable.
(l) To foreclose mortgages and bid for property under foreclosure or take title by
conveyance in lieu of foreclosure; to continue investments after maturity; to
modify, renew or extend any note, bond, mortgage, security agreement or similar
instrument upon such terms and conditions as my personal representative or
trustee shall deem advisable; to release obligors or guarantors or refrain from
instituting suits or actions for deficiencies; and to expend any sums or use any
property as my personal representative or trustee shall deem advisable for the
protection of any property or interest therein.
(m) To borrow money or assets for any purpose, without personal liability
therefore, from any person including my personal representative or trustee, and to
secure repayment by mortgage or pledge of any property.
(n) To lend assets to any person, including a beneficiary, the estate of a deceased
beneficiary, or an estate or other trust in which a beneficiary has an interest, upon
any terms and conditions, with or without security, for any purpose which may or
will benefit my estate, any trust or any beneficiary.
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without the necessity of making adjustments or reimbursements between principal
and income or among the beneficiaries of my estate.
(q) To pay any and all costs, charges, fees, taxes, interest, penalties or other
expenses of the administration of my estate, in installments with interest if
desired, and except as expressly provided in Article FIRST hereof or elsewhere
herein, to charge the same against the income or principal, or partly against each,
of my estate or any trust.
Added by drafter to give PR/Executor/Trustee maximum flexibility
(r) To hold property in their names as personal representative or trustee, or in
their names without designation of any fiduciary capacity, or in the name of a
nominee or nominees, or unregistered, or in bearer form; to deposit property with
a custodian or depository; and to remove property from the State in which it is
located at the time of my death and keep property in other jurisdictions, without
bond, surety or other security.
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such power or discretion. My personal representative or trustee may contract, in
any manner that my personal representative or trustee shall deem advisable, with
any such corporation, partnership, person or entity.
(u) To change the situs and/or governing law of any trust hereunder to any state
my personal representative or trustee from time to time may deem desirable, and
to take such further actions, including without limitation the amendment to the
terms of the trust and the moving of trust assets, as may be necessary or advisable
to effectuate such change.
(v) To do all acts and execute and deliver all instruments as my personal
representative or trustee may deem necessary or advisable to carry out any of the
foregoing powers.
If and to the extent permitted by applicable law in effect at the time of my death,
my personal representative shall have the authority to determine what property shall receive
basis increases pursuant to the Internal Revenue Code and the amount of such increases.
Authority A trustee of a trust may have duties and responsibilities in addition to those
to hire described in the instrument creating the trust. If a trustee has questions, the trustee should
attorney obtain legal advice.
No person who deals with any fiduciary hereunder shall be bound to see to the
application of any asset delivered to such fiduciary, or to inquire into the authority for, or
propriety of, any action taken or not taken by such fiduciary.
(c) The proceeds from the sale, redemption or other disposition, whether at a
profit or loss, and regardless of the tax treatment thereof, of any property con-
stituting principal, including mortgages and real estate acquired through
foreclosure or otherwise, shall normally be dealt with as principal, but my
personal representative or trustee, except as otherwise provided herein, may
allocate a portion of any such proceeds to income if the property disposed of
produced no income or substantially less than the current rate of return on trust
investments, or if my personal representative or trustee shall deem such action
advisable for any other reason.
(d) The preceding provisions of this Article FIFTEENTH shall not be deemed to
authorize any act by my personal representative or trustee which may be a
violation of any law prohibiting the accumulation of income.
Survivorship clause
is typical 30 days SIXTEENTH: I direct that for purposes of this will a beneficiary shall be
deemed to predecease me (or any other person upon whose death the interest of such beneficiary
depends) unless such beneficiary survives me (or such other person) by more than thirty days.
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or to make decisions with respect to tax elections or options the exercise or nonexercise of which
could result in an enlargement of his or her beneficial interest hereunder. No trustee who is a
current or possible future beneficiary of any trust hereunder shall participate in the exercise of
any powers of my trustee which would cause such beneficiary to be treated as the owner of trust
property for tax purposes.
I appoint Patricia Pickle, my best friend, having an address at 12345 Ocean View,
We need
San Diego, CA 92114, as Trust Protector hereunder. If the Trust Protector fails or ceases to act,
a Trust no successor Trust Protector shall be appointed. The Trust Protector shall have the right to
protector resign at any time by written notice to the income beneficiaries and my trustee.
because
the PR/ The Trust Protector shall be authorized to remove any Trustee and appoint a
Exec & successor Trustee, provided, however, that the successor Trustee so appointed may not be the
trustee Trust Protector or related or subordinate to the Trust Protector within the meaning of 26 U.S.C.
may be Sec. 672(c). The rights of the Trust Protector to remove a trustee and appoint a successor
beneficia trustee shall be exercised by an executed and acknowledged instrument, counterparts of which
ries of shall be filed with the court in which this will is admitted to probate and delivered to any acting
any of trustee and to the designated successor trustee. Such instrument shall specify the successor
the trustee and certify the willingness of the successor trustee to serve. Within 60 days thereafter,
trusts. any trustee so removed shall begin proceedings for the settlement of the trustee's accounts and
shall deliver all assets held to the successor. The trustee then shall have full acquittance for all
assets so delivered, subject to settlement of the trustee's accounts.
The Trust Protector shall be authorized: to modify or amend any trust under this
will to achieve a favorable tax status, or because of changes in federal or state tax laws or the
regulations and rules there under, or because of changes in other laws, regulations or rules
applicable to my estate, or as otherwise may be necessary or advisable to carry out my intent; to
terminate and liquidate trusts; to change the situs and/or governing law of any trust hereunder; to
interpret terms of this will at the request of my trustee; to increase, decrease or delay interests of
beneficiaries hereunder; to convert a trust into a supplemental needs trust if a beneficiary
becomes disabled; to create, modify, limit or eliminate powers of appointment; and to consult
with my trustee with regard to investment decisions. The Trust Protector shall in no event have
any authority to take actions which would adversely affect the status of IRA or other retirement
benefits. No modification or amendment of this will may grant a beneficial interest to any
individual or class of individuals not specifically provided for in this will. No Trust Protector
may appoint himself or herself, or his or her creditors or estate, as a beneficiary hereunder.
The Trust Protector shall serve without compensation, unless a Trust Protector is
an attorney or accountant in which event such Trust Protector shall be entitled to reasonable
18
hourly compensation for services rendered. The Trust Protector shall be entitled to
reimbursement for reasonable expenses incurred in connection with the actions of the Trust
Protector hereunder. The Trust Protector shall not be obligated to monitor or supervise my
trustee or trust administration hereunder, but rather may act only when matters are brought to the
attention of the Trust Protector by a beneficiary, Trustee or otherwise interested party. So long
as the Trust Protector shall have acted in good faith and have not been reckless, the Trust
Protector shall not be liable for simple negligence.
The term "personal representative" wherever used herein shall mean the personal
Defines representatives, executors, executor, executrix or administrator in office from time to time. The
PR/Exec/ term "trustee" wherever used herein shall mean the trustees or trustee in office from time to time.
Trustee Each personal representative and trustee shall have the same rights, powers, duties, authority and
and Child privileges, whether or not discretionary, as if originally appointed hereunder. The term "Trust
Protector" wherever used herein shall mean the Trust Protector in office from time to time. The
terms "child" and "children" as used herein include not only the child and children of the person
designated, but also the legally adopted child and children of such person. The term "issue"
includes not only the children and other issue of the person designated, but also the legally
adopted children and issue of such person or issue. The terms "child" and "children" as used
herein include only the child and children of the person designated, but not any stepchild of such
person. The term "issue" includes only the children and other issue of the person designated,
but not any stepchild of such person or issue.
Any provision herein which refers to a statute, rule, regulation or other specific
legal reference which is no longer in effect at the time said provision is to be applied shall be
deemed to refer to the successor, replacement or amendment to such statute, rule, regulation or
other reference, if any, and shall be interpreted in such a manner so as to carry out the original
intent of said provision.
Wherever used in this will and the context so requires, the masculine includes the
feminine and the singular includes the plural, and vice versa.
19
education, maintenance and support of the ward, but shall not be liable to third persons by reason
of the relationship for acts of the ward. Defines incapacitated child for all concerned.
______________________________
Kathlene Julia Somerville
The foregoing instrument was signed, published and declared by Kathlene Julia
Somerville, the above-named Testatrix, to be her last will and testament in our presence, all
being present at the same time, and we, at her request and in her presence and in the presence of
each other, have subscribed our names as witnesses on the date above written.
____________________________ ___________________________
Printed: Printed:
Department of the Navy Department of the Navy
Navy Personnel Command (PERS-312F) Navy Personnel Command (PERS-312F)
5720 Integrity Drive 5720 Integrity Drive
Millington, TN 38055-3130 Millington, TN 38055-3130
WITH THE UNITED STATES ARMED FORCES Proper venue for MTI
AT WASHINGTON NAVY YARD, WASHINGTON DC 20374
We, the Testatrix and the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that
in the presence of the military legal counsel and the witnesses the Testatrix, Kathlene Julia
Somerville, signed and executed the instrument as her military testamentary instrument, that she
had signed willingly, and that she executed it as her free and voluntary act and deed for the
purposes therein expressed. It is further declared that each of the witnesses, at the request of the
Testatrix, in the presence and hearing of the Testatrix, the military legal assistance counsel and
each other, signed the military testamentary instrument as witness, and that to the best of his or
her knowledge the Testatrix was at the time at least eighteen years of age or emancipated, of
sound mind, and under no constraint, duress, fraud or undue influence.
______________________________
Kathlene Julia Somerville
Testatrix
______________________________
Print:
REMOVED Witness
CLAUSE
______________________________
"PERSONALLY
Print:
KNOWN"
Witness
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces, or
an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is
required on this certificate, under authority granted to me by Title 10 U.S.C. 1044a.
Prepared by
Signals that this is
LT HORACE SMITH, USNR. an MTI. Must have
NLSO North Central, Washington Navy Yard, DC 20374 responsible
attorney's name
and address
Note hand written inserts are POWER OF ATTORNEY
NOT acceptable; blanks are (EFFECTIVE AT A FUTURE TIME)
not acceptable.
KNOW EVERYONE BY THESE PRESENTS, which are intended to
constitute a General Power of Attorney, THAT I, Kathlene Julia Somerville, having an address
at 1322 Patterson Ave. S.E., Washington DC 20374, hereby make, constitute and appoint Mary
Loretta Somerville, my sister, having an address at 8032 Monticello St., Chicago, Il 60674, tel.
no.: 312-987-6543, or if Mary Loretta Somerville, my sister is unable, unwilling or unavailable
to act, then Mary Anita Somerville, my sister in law, having an address at 6543 Monticello St.,
Chicago, IL 60674, tel. no.: 312-456-7890, as my attorney-in-fact TO ACT in my name, place
and stead in any way which I could do, if I were personally present, to the extent that I am
permitted by law to act through an agent:
(a) to ask, demand, sue for, recover and receive all manner of goods, chattels,
debts, rents, interest, sums of money and demands whatsoever, due or to become
due, that are thought to be owing, belonging or payable to me in my own right or
otherwise, and to execute, acknowledge and deliver acquittances, receipts,
releases, satisfactions or other discharges for the same;
(c) to buy, sell, exchange, invest and reinvest in common or preferred stocks,
bonds, commodities, options, limited liability companies, investment trusts,
mutual funds, regulated investment companies and other types of securities and
financial instruments, foreign or domestic, including any undivided interest in any
one or more common trust funds, whether or not such investments be of the
character permissible for investments by fiduciaries under any applicable law, and
without regard to the effect any such investment may have upon the diversity of
investments; to demand, receive and obtain any money or other things of value to
which I am or may become or may claim to be entitled in connection with any
stocks, bonds or other financial instruments; to cause securities or other property
to be held or registered in the name of a nominee or nominees or unregistered or
in any other form; to vote in person at meetings of stock or security holders and
adjournments thereof, to enter into voting trusts, and to vote by general or limited
proxy with respect to any stock or securities;
(d) to make, execute, endorse, accept and deliver in my name or in the name of
my attorney-in-fact all checks, notes, drafts, warrants, securities, stock
certificates, certificates of deposit, bonds, acknowledgments, and any other
agreements, certificates or instruments of any nature, as my attorney-in-fact may
deem necessary or appropriate;
(e) to deposit and withdraw any sums to or from any bank, savings or similar
account maintained by me alone or jointly; to open, continue, modify or terminate
any account or banking arrangement in my name or jointly with others; to borrow
money at such interest rates and upon such terms and conditions as my
attorney-in-fact may deem necessary or appropriate, and to provide security
therefore from my assets; to pay, renew or extend the time of payment of any note
given by me or on my behalf; to prepare financial statements concerning my
assets and liabilities or income and expenses, and deliver them to financial
institutions; to receive statements, notices and other documents from financial
institutions; to open or cause to be opened any safe deposit box in my name and to
examine and remove any or all of the contents of such box; and to conduct such
other banking transactions as my attorney-in-fact may deem necessary or
appropriate;
(f) to take possession of, recover, obtain and hold any tangible personal property
belonging to me or to which I may be entitled, and to receive and take for me and
in my name any rents, issues and profits of any such property; to purchase, invest
in, reinvest in, accept as a gift, sell, exchange, lease, grant options upon, assign,
transfer, abandon, pledge, encumber or otherwise dispose of any personal
property of any nature and wherever situate; to store property for hire or on a
gratuitous bailment; to make repairs and alterations; and to execute, acknowledge
and deliver all contracts, leases, notes, security agreements, guarantees, transfers
to trusts, bills of sale, assignments, extensions, releases, waivers, consents, and
any other agreements, writings and instruments of any nature affecting any
personal property, as my attorney-in-fact may deem necessary or appropriate;
2
(g) to possess, recover, manage, hold, control, develop, subdivide, partition,
mortgage, lease or otherwise deal with any real property belonging to me or to
which I may be entitled; to purchase, invest in, reinvest in, accept as a gift, sell,
exchange, lease, sublease, grant options upon, convey with or without covenants,
quitclaim, assign, transfer, abandon, encumber or otherwise dispose of any real
property of any nature and wherever situate; to borrow money at such interest
rates and upon such terms and conditions as my attorney-in-fact may deem
necessary or appropriate, and to provide security therefore by mortgage or pledge
of any property; to satisfy, discharge, release or extend the term of any mortgage;
to apply for zoning, rezoning or other governmental permits; to make repairs,
replacements and improvements, structural or otherwise; to pay, compromise or
contest real estate taxes, assessments, water charges and sewer rents; to abstain
from the payment of real estate taxes, assessments, water charges and sewer rents,
repairs, maintenance and upkeep of the same; to abandon property if deemed to be
worthless or not of sufficient value to warrant keeping or protecting; to permit
property to be lost by tax sale, foreclosure or other proceeding or to convey
property for a nominal consideration or without consideration; and to execute,
acknowledge and deliver all contracts, deeds, leases, mortgages, notes, security
agreements, guarantees, transfers to trusts, bills of sale, assignments, extensions,
satisfactions, releases, waivers, consents, and any other agreements, writings and
instruments of any nature affecting any real property, as my attorney-in-fact may
deem necessary or appropriate;
(h) to commence any actions or proceedings for the recovery of any real or
personal property or for any other purpose; to appear in, answer and defend any
actions or proceedings commenced against me; and to prosecute, maintain,
appeal, discontinue, compromise, arbitrate, mediate, settle and adjust all actions,
proceedings, accounts, dues and demands that now or hereafter may exist, as my
attorney-in-fact may deem necessary or appropriate;
3
(j) to join or become a party to, or to oppose, any reorganization, readjustment,
recapitalization, foreclosure, merger, voting trust, dissolution, consolidation or
exchange, and to deposit any securities with any committee, depository or trustee,
and to pay any fees, expenses and assessments incurred in connection therewith,
and to charge the same to principal, and to exercise conversion, subscription or
other rights, and to make any necessary payments in connection therewith, or to
sell any such privileges;
(k) to deal with all matters relating to all forms of insurance and annuities,
including the procurement, maintenance and termination thereof; however,
notwithstanding the powers given my attorney-in-fact in this and other provisions
of this power of attorney, my attorney-in-fact shall have no incidents of
ownership in any life insurance policy in which I own an interest and which
insures the life of my attorney-in-fact;
(l) to do all acts necessary to maintain my customary standard of living and that
of my family and other persons customarily supported by me, including without
limitation the power to pay for medical, dental and surgical care, living quarters,
usual vacation and travel expenses, shelter, clothing, food, education,
organizational fees and contributions, and other living costs;
(m) to act for me in all matters which affect my right to government benefits and
assistance, including without limitation Social Security, Medicare, Medicaid,
qualified state tuition programs, and other governmental benefits and benefits
relating to civil or military service; to file, prosecute, submit to arbitration or
settle any claim for benefits or assistance; to establish new residency and
domicile; and to receive the proceeds of claims and conserve, invest, disburse and
use them on my behalf;
(n) to take all steps and remedies necessary or appropriate for the conduct and
management of any business in which I may have an interest; to exercise in
person or by proxy any right, privilege or option which I may have with respect to
any business; to continue, modify, negotiate, renegotiate, extend and terminate
any and all contracts or agreements heretofore or hereafter made with respect to
the business; to pay, compromise or contest business taxes or other claims or
obligations; to determine the policies of the business as to the location, methods
and manner of its operations including its financing, accounting, and insurance;
and to add or remove capital from the business;
4
Note that the client must be told that to GIVE a power under the
following nine (9) items, he or she must initial the space!
(p) to do, execute, perform and finish for me and in my name all things which
my attorney-in-fact shall deem necessary or appropriate in and about or
concerning my property or any part thereof.
[Initial: ________] I authorize my attorney-in-fact to sell, grant options upon, convey with or
without covenants, exchange, lease, assign, transfer, encumber or otherwise dispose of any real
property which I own, together with all improvements thereon and rights relating thereto, in such
manner, at such times, for such prices, and upon such terms and conditions as my
attorney-in-fact may deem necessary or appropriate; to satisfy, discharge, release or extend the
term of any mortgage or deed of trust; to apply for zoning, rezoning or other governmental
permits; to pay, compromise or contest real estate taxes, assessments, water charges and sewer
rents; to negotiate, execute, acknowledge and deliver all contracts, sales agreements, brokerage
agreements, amendments, deeds, leases, mortgages, notes, security agreements, checks, drafts,
guarantees, bills of sale, assignments, extensions, satisfactions, releases, waivers, consents,
affidavits, transfer tax returns, closing documents, and any other agreements, writings and
instruments of any nature affecting the property, as my attorney-in-fact may deem necessary or
appropriate; to prosecute, defend, intervene in, arbitrate, appeal, compromise, settle and
otherwise deal with any claim, action or proceeding in connection with the property or the sale
thereof; to do, execute, perform and finish for me and in my name all things which my
attorney-in-fact shall deem necessary or appropriate in connection with the sale of the property.
[Initial: ________] I authorize my attorney-in-fact to sell, grant options upon, assign, transfer,
exchange, lease, convey, encumber or otherwise dispose of any business which I own or in
which I have an interest, in such manner, for such prices, and upon such terms and conditions as
my attorney-in-fact may deem necessary or appropriate; to possess, recover, manage, control, or
otherwise deal with the property; to negotiate, execute, acknowledge and deliver all contracts,
sales agreements, brokerage agreements, amendments, bills of sale, assignments, deeds, leases,
mortgages, notes, security agreements, checks, drafts, guarantees, extensions, satisfactions,
releases, waivers, consents, affidavits, closing documents, and any other agreements, writings
and instruments of any nature affecting the property, as my attorney-in-fact may deem necessary
or appropriate; to prosecute, defend, intervene in, arbitrate, appeal, compromise, settle and
otherwise deal with any claim, action or proceeding in connection with the property or the sale
thereof; to do, execute, perform and finish for me and in my name all things which my
attorney-in-fact shall deem necessary or appropriate in connection with the sale of the property.
5
Code, or any successor thereto, in effect in the year in question (currently $10,000 under said
statute, heretofore adjusted to $13,000 and subject to further adjustment for inflation, or gifts in
conformity with the Code's annual exclusion rules for gifts to Section 529 accounts). Gifts in
excess of said limit may be made to pay tuition costs and medical expenses so long as the
payment of such gifts is made in a manner so as not to be subject to gift or generation skipping
transfer taxes pursuant to Sections 2503(e) and 2611(b)(1) of the Internal Revenue Code, or any
successor thereto. In no event shall any gifts be made to my attorney-in-fact, or to the creditors
of my attorney-in-fact, or to the estate of my attorney-in-fact, or to the creditors of the estate of
my attorney-in-fact.
6
IRA, pension plan, investment account or other asset, or in any joint tenancy or survivorship
interest I may have.
Reports by agent My attorney-in-fact shall prepare written, quarterly reports regarding all actions of
my attorney-in-fact hereunder and shall provide such reports to me at my address first above
7
written or to such other persons or addresses as I from time to time may designate. If this power
of attorney is in effect immediately prior to my death, my attorney-in-fact shall prepare a final
written report to my executor or personal representative in such manner and for such period as
requested by my executor or personal representative.
Liability of agent My attorney-in-fact shall not incur any liability to me, my estate, my heirs,
successors or assigns for acting or refraining from acting under this power of attorney, except for
willful misconduct or gross negligence. My attorney-in-fact shall not be required to make my
assets produce income, increase the value of my estate, diversify my investments or enter into
transactions authorized by this power of attorney.
Springing requirement
THIS POWER OF ATTORNEY WILL BECOME EFFECTIVE FORTHWITH
UPON MY DISABILITY OR INCAPACITY. For purpose of this power of attorney, I will be
considered to be disabled or incapacitated upon delivery to the third party of the affidavits of the
attorney-in-fact and my treating physician. Upon presentation of the appropriate affidavits any
third party dealing with my attorney-in-fact may rely completely on the affidavits and shall not
have any obligation to further inquire into my disability or incapacity or to question in any way
the authority of my attorney-in-fact to act under this power of attorney.
More liability Third parties who act in reliance upon the authority granted to the attorney-in-fact
under this durable power of attorney and in accordance with the instructions of the
attorney-in-fact shall be held harmless by the principal from any loss suffered or liability
incurred as a result of actions taken, unless such third party has received prior written notice of
the revocation, suspension, notice of a petition to determine incapacity, partial or complete
termination, or death of the principal. Any third party who has not received such notices and acts
in good faith upon any representation, direction, decision, or act of the attorney-in-fact shall not
be liable to the principal or the principal's estate, beneficiaries or joint owners for those acts.
HIPPA Provisions It may be necessary for my attorney-in-fact to have access to my medical records
to establish that this power of attorney is in effect. I grant to my attorney-in-fact the authority
and power to serve as my personal representative for all purposes of the Health Insurance
Portability and Accountability Act of 1996, the regulations in 45 C.F.R. Sec. 160 et seq., and any
other applicable federal, state or local laws or regulations (collectively "HIPAA"), including the
authority to request, receive, obtain and review, and be granted full and unlimited access to, and
consent to the disclosure of complete unredacted copies of any and all health, medical and
financial information and any information or records referred to in 45 C.F.R. Sec. 164.501 and
regulated by the Standards for Privacy of Individually Identifiable Health Information found in
8
65 Fed. Reg. 82462 as protected private records or otherwise covered under HIPAA. I
understand that health and medical records can include information relating to subjects such as
sexually transmitted diseases, acquired immunodeficiency syndrome (AIDS), AIDS-related
complex (ARC) and human immunodeficiency virus (HIV), behavioral or mental health services,
and treatment for alcohol or drug abuse or addiction. I understand that I may have access to or
receive an accounting of the information to be used or disclosed as provided in 45 C.F.R. Sec.
164.524 et seq. I further understand that authorizing the disclosure of this health information is
voluntary and that I can refuse to sign this authorization. I further understand that any
disclosure of this information carries with it the potential for an unauthorized further disclosure
of this information by third parties and that such further disclosure may not be protected under
HIPAA. In order to induce the disclosing party to disclose the aforesaid private and/or
protected confidential information, I forever release and hold harmless said disclosing party who
relies upon this instrument from any liability under confidentiality rules arising under HIPAA as
a consequence of said disclosure. I authorize my attorney-in-fact to execute any and all releases
or other documents that may be necessary in order to obtain disclosure of my patient records and
other medical information subject to and protected by HIPAA. The purpose of the foregoing
authorization is to enable my attorney-in-fact to establish that this power of attorney is in effect.
Judicial appointment While it is my desire and request that no guardian or conservator of my person or
property be appointed in the event of my disability or incapacity. If, however, a guardian or
conservator of my person or property is to be appointed for me, I hereby nominate and appoint
my attorney-in-fact hereunder to serve as guardian and conservator without bond.
Choice of law This power of attorney shall be governed by Illinois law, although I request that it
be honored in any state or other location in which I or my property may be found. If any
provisions hereof shall be unenforceable or invalid, such unenforceability or invalidity shall not
affect the remaining provisions of this power of attorney.
IN WITNESS WHEREOF, I have executed this power of attorney this 27th day
of June, 2012.
______________________________
Note page breaks and roll of lines Kathlene Julia Somerville
to keep flow and continuity of
document
We, the undersigned, each being over 18 years of age, hereby witness the signing
of the above power of attorney by Kathlene Julia Somerville, known to us to be the person who
signed the above power of attorney as principal, at the request of and in the presence of the
principal and in the presence of each other on the day and year set forth above. We believe that
the principal is of sound mind, that she had the opportunity to read the power of attorney and that
she signed the above power of attorney as her free and voluntary act and deed, free of duress,
fraud or undue influence, for the purposes therein expressed. None of us is related to the
principal by blood, marriage or adoption, and to the best our knowledge none of us is entitled to
9
any portion of the estate of the principal upon the death of the principal under any will or codicil
or by operation of law. We certify the foregoing under penalty of perjury under the laws of
Illinois.
____________________________ ___________________________
Printed: Printed:
Department of the Navy Department of the Navy
Navy Personnel Command (PERS-312F) Navy Personnel Command (PERS-312F)
5720 Integrity Drive 5720 Integrity Drive
Millington, TN 38055-3130 Millington, TN 38055-3130
The foregoing instrument was acknowledged before me on the ____ day of June,
2012, by Kathlene Julia Somerville.
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces, or
an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is
required on this certificate, under authority granted to me by Title 10 U.S.C. 1044a.
_______________________________
Print:
Officer
10
Not for execution by client or at the NLSO. this form is for the agent (attorney in
fact) to use when the incapacitating event occurs.
[NOTE: The following affidavit may be executed by the attorney-in-fact at a later date if some
third party requests evidence that the power of attorney is in effect.]
1. Affiant is the attorney-in-fact named in the durable power of attorney executed by Kathlene
Julia Somerville as principal (the "Principal") on June 27, 2012.
3. To the best of the Affiant's knowledge after diligent search and inquiry:
4. Affiant agrees not to exercise any powers granted by the durable power of attorney if Affiant
attains knowledge that it has been revoked, partially or completely terminated, suspended, or is
no longer valid because of the death or adjudication of incapacity of the Principal.
Dated: ______________________________
_________________________________
print:
Notary Public
My commission expires on
I certify that to the best of my knowledge the principal had the capacity to execute
the power of attorney, is alive, and has not revoked the power of attorney; that my powers as
attorney-in-fact have not been altered or terminated; and that the power of attorney remains in
full force and effect.
Dated:
______________________________
Not for execution in the NLSO offices. may not be the form required by the
attending physician. Client should be advised that it is a template for his or her
agent (attorney in fact) to take to the physician when event occurs.
AFFIDAVIT OF PHYSICIAN
2. Affiant is the primary physician who is responsible for the treatment and care of Kathlene
Julia Somerville.
3. To the best of the Affiant's knowledge after reasonable inquiry, Affiant believes the Principal
lacks the capacity to manage property, including taking those actions necessary to obtain,
administer and dispose of real and personal property, intangible property, business property,
benefits and income.
Dated:
__________________________
_________________________________
print:
Notary Public
My commission expires on
I wish to live out my last days at home rather than in a hospital, if it does not
jeopardize the chance of my recovery to a meaningful and conscious life and does not impose an
undue burden on my family.
This is a logical place for disposition of remains!
If, upon my death, any of my tissue or organs would be of value for
transplantation, I freely give my permission to the donation of such tissue or organs for
transplantation only. Any organ donation or associated process shall be authorized only if there
is no charge or assessment to my estate, my heirs or my insurance company. I direct that
following authorized organ donation, the remains of my body be cremated and my ashes
scattered in my cat's litter box Added by drafting
attorney.
In the absence of my ability to give directions regarding the use of life-sustaining
procedures, it is my intention that this declaration shall be honored by my family, physicians,
health care facilities and all concerned with my care as the final expression of my legal right to
refuse medical or surgical treatment including without limitation the administration of
life-sustaining procedures. I accept the consequences of such refusal.
I understand the full import and meaning of this declaration, and I am aware that
this declaration authorizes a physician to withhold and withdraw life-sustaining procedures. I
am at least eighteen years of age (or I am in the military service of the United States) and I am
emotionally and mentally competent to make this declaration.
______________________________
Kathlene Julia Somerville
WITNESS:
We, the witnesses whose names are signed below, each hereby attest and declare
under penalty of perjury under the laws of the District of Columbia that: (1) the foregoing
instrument was personally signed by Kathlene Julia Somerville in my presence, and thereupon I,
at her request and in her presence and in the presence of the other witnesses, have hereunto
subscribed my name as a witness; (2) I did not sign the above signature of Kathlene Julia
Somerville for or at her direction; (3) I personally know Kathlene Julia Somerville (or the
identity of Kathlene Julia Somerville was proven by proper military identification or other
satisfactory proof) and believe her to be of sound mind and under no constraint, duress, fraud or
undue influence; (4) I am not related to Kathlene Julia Somerville by blood, marriage or
adoption; (5) I am not entitled (to the best of my knowledge and belief) to any portion of the
estate of Kathlene Julia Somerville upon her death under any will or codicil of Kathlene Julia
Somerville or by operation of law; (6) I do not have any present or inchoate claim against any
portion of the estate of Kathlene Julia Somerville; (7) I do not have any financial responsibility
for the medical care of Kathlene Julia Somerville; (8) I am not a physician or an employee of any
physician, and I am not an operator or employee of, or patient in, any hospital, health care
provider, residential care facility, community care facility, skilled nursing facility or similar
institution; and (9) I and Kathlene Julia Somerville are both at least 18 years of age (or are in the
military service).
____________________________ ___________________________
Printed: Printed:
Department of the Navy Department of the Navy
Navy Personnel Command (PERS-312F) Navy Personnel Command (PERS-312F)
5720 Integrity Drive 5720 Integrity Drive
Millington, TN 38055-3130 Millington, TN 38055-3130
2
MTI Preamble
Statutory
Warning: Do
NOTICE AND WARNING TO PERSON EXECUTING THIS DOCUMENT --
NOT ALTER
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE EXECUTING THIS
DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:
YOUR AGENT HAS THE POWER TO MAKE A BROAD RANGE OF HEALTH CARE
DECISIONS FOR YOU. THE PERSON YOU APPOINT AS YOUR AGENT SHOULD BE
SOMEONE YOU KNOW AND TRUST. YOU SHOULD DISCUSS THIS DOCUMENT
WITH YOUR AGENT.
2
of making or communicating a decision with respect to my treatment or care. This authorization
includes the right to refuse and direct the withdrawal of medical treatment which would prolong
my life, and to communicate health care decisions to all persons including without limitation my
physicians, health care providers and family.
I wish to live out my last days at home rather than in a hospital, if it does not
jeopardize the chance of my recovery to a meaningful and conscious life and does not impose an
undue burden on my family.
I authorize my agent and attorney-in-fact to donate all or any part of my body for
transplantation, or to otherwise direct the disposition of my remains. Any organ donation or
associated process shall be authorized only if there is no charge or assessment to my estate, my
heirs or my insurance company. I direct that following authorized organ donation, the remains
of my body be cremated and my ashes scattered in my cat's litter box
Logical insertion by attorney!
I grant to my agent the authority and power to serve as my personal representative
for all purposes of the Health Insurance Portability and Accountability Act of 1996, the
regulations in 45 C.F.R. Sec. 160 et seq., and any other applicable federal, state or local laws or
HIPPA
regulations (collectively "HIPAA"), including the authority to request, receive, obtain and
review, and be granted full and unlimited access to, and consent to the disclosure of complete
unredacted copies of any and all health, medical and financial information and any information
or records referred to in 45 C.F.R. Sec. 164.501 and regulated by the Standards for Privacy of
Individually Identifiable Health Information found in 65 Fed. Reg. 82462 as protected private
records or otherwise covered under HIPAA. I understand that health and medical records can
3
include information relating to subjects such as sexually transmitted diseases, acquired
immunodeficiency syndrome (AIDS), AIDS-related complex (ARC) and human
immunodeficiency virus (HIV), behavioral or mental health services, and treatment for alcohol
or drug abuse or addiction. I understand that I may have access to or receive an accounting of
the information to be used or disclosed as provided in 45 C.F.R. Sec. 164.524 et seq. I further
understand that authorizing the disclosure of this health information is voluntary and that I can
refuse to sign this authorization. I further understand that any disclosure of this information
carries with it the potential for an unauthorized further disclosure of this information by third
parties and that such further disclosure may not be protected under HIPAA. In order to induce
the disclosing party to disclose the aforesaid private and/or protected confidential information, I
forever release and hold harmless said disclosing party who relies upon this instrument from any
liability under confidentiality rules arising under HIPAA as a consequence of said disclosure. I
authorize my agent to execute any and all releases or other documents that may be necessary in
order to obtain disclosure of my patient records and other medical information subject to and
protected by HIPAA.
Ability to die at home
I authorize my agent and attorney-in-fact to execute on my behalf any documents
necessary or desirable to implement the health care decisions that my agent and attorney-in-fact
is authorized to make pursuant to this document, including without limitation all documents
pertaining to a refusal to permit medical treatment, or authorizing the leaving of a medical faci-
lity against medical advice, or any waivers or releases from liability required by a physician or
health care provider.
I understand the full import and meaning of this document, and I am aware that
this document authorizes a physician to withhold and withdraw life-sustaining procedures. I am
at least eighteen years of age (or I am in the military service of the United States) and I am
emotionally and mentally competent to make this document.
______________________________
Kathlene Julia Somerville
4
Note: This page had to be "cleaned" to fix the page breaks, cleaning
requires us to adjust the spacing; if adjusting font it must be consistent
throughout the document!
WITNESS: We, the witnesses whose names are signed below, each hereby attest and declare
under penalty of perjury under the laws of the District of Columbia that:
(1) the foregoing instrument was personally signed by Kathlene Julia Somerville in my pres-
ence, and thereupon I, at her request and in her presence and in the presence of the other
witnesses, have hereunto subscribed my name as a witness;
(2) I did not sign the above signature of Kathlene Julia Somerville for or at her direction;
(3) I personally know Kathlene Julia Somerville (or the identity of Kathlene Julia Somerville
was proven by proper military identification or other satisfactory proof) and believe her
to be of sound mind and under no constraint, duress, fraud or undue influence;
(5) I am not entitled (to the best of my knowledge and belief) to any portion of the estate of
Kathlene Julia Somerville upon her death under any will or codicil of Kathlene Julia
Somerville or by operation of law;
(6) I do not have any present or inchoate claim against any portion of the estate of Kathlene
Julia Somerville;
(7) I do not have any financial responsibility for the medical care of Kathlene Julia
Somerville;
(10) I and Kathlene Julia Somerville are both at least 18 years of age (or are in the military
service).
____________________________ ___________________________
Printed: Printed:
Department of the Navy Department of the Navy
Navy Personnel Command (PERS-312F) Navy Personnel Command (PERS-312F)
5720 Integrity Drive 5720 Integrity Drive
Millington, TN 38055-3130 Millington, TN 38055-3130
5
WITH THE UNITED STATES ARMED FORCES
AT WASHINGTON NAVY YARD, WASHINGTON DC 20374
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces, or
an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is
required on this certificate, under authority granted to me by Title 10 U.S.C. 1044a.
_______________________________
print:
Officer
6
Notice: No white space; no empty blanks! The drafter
must clean this document to make it roll properly and
have no unexplainable blanks.
SPECIAL DIRECTIONS: Set forth below are any special directions limiting the power granted
to my agent as well as any instructions or wishes desired to be followed in the disposition of my
remains: It is my desire that, upon my death, my body be cremated and my ashes scattered in
my cat's litter box. I have not contracted for or paid for any funeral arrangements.
ORGAN DONATION: I authorize my agent to donate all or any part of my body for
transplantation, or to otherwise direct the disposition of my remains. Any organ donation or
associated process shall be authorized only if there is no charge or assessment to my estate, my
heirs or my insurance company. I direct that following authorized organ donation, the remains
of my body be cremated and my ashes scattered in my cat's litter box
Note logical placement
DURATION: This appointment becomes effective upon my death. added by drafting atty
PRIOR APPOINTMENT REVOKED: I hereby revoke any prior appointment of any person to
control the disposition of my remains.
RELIANCE: Any person or organization, including without limitation any cemetery, operator
of a crematory, funeral home, embalmer, or other establishment in any manner involved with
funerals or disposition of remains, may rely on this document. Any modification or revocation
of this document is not effective as to any third party until receipt of actual notice of the
modification or revocation. No third party shall be liable because of reliance on a copy of this
document.
______________________________
Kathlene Julia Somerville
We declare that the person who executed this document is personally known to us
and appears to be of sound mind and acting of her free will, and she signed this document in our
presence. Neither of us is the agent appointed in this document.
____________________________ ___________________________
Printed: Printed:
Department of the Navy Department of the Navy
Navy Personnel Command (PERS-312F) Navy Personnel Command (PERS-312F)
5720 Integrity Drive 5720 Integrity Drive
Millington, TN 38055-3130 Millington, TN 38055-3130
I, the undersigned officer, do hereby certify that I am, on the date of this
certificate, a person with the power described in Title 10 U.S.C. 1044a of the grade, branch of
service, and organization stated below in the active service of the United States Armed Forces, or
an authorized civilian attorney under Title 10 U.S.C. 1044a, and that by statute no seal is
required on this certificate, under authority granted to me by Title 10 U.S.C. 1044a.
_______________________________
print:
Officer NOTE: The ********
was added by drafting
Name of Officer and Position: LT Horace Smith, JAGC, USNR attorney to make
Grade and Branch of Service: United States Navy document logical!
Command or Organization: Naval Legal Service Office North Central
******************************************************************************
ACCEPTANCE AND ASSUMPTION BY AGENT: I have no reason to believe there has been
a revocation of this appointment to control disposition of remains. I hereby accept this
appointment.
Dated: _______________________________
Agent Sign Above
then print here: