xLast Will and Testament
of
Carolyn Anne Crocker
1. TESTATOR
Name: Carolyn Anne Crocker
Address: 110 W Village Lake Dr, Apt 12, Fayetteville, Arkansas, 72703
Marital Status: Single
I, the above-named Testator, being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament (“Will”), and hereby revoke any and all other wills and codicils heretofore made by me.
2. ESTATE BENEFICIARIES
I devise and bequeath my property, both real and personal and wherever situated (“Residual Estate”), as follows:
Beneficiary: Lance Harwell
Address: ________________________________________________
Portion of Residual Estate: 100%
Hereinafter known as the “Beneficiaries.”
3. EXCLUSIONS
It is my intention under this Will to specifically exclude the following individuals from receiving any portion of my Residual Estate: Bartley Cole Crocker. Casey Harwell Crocker. Dave Crocker. Anyone on my paternal side of the family.
4. SPECIAL BEQUESTS
Aside from my Residual Estate, I would like to assign the following assets to specific parties that may or may not be named as Beneficiaries under this Will:
Recipient: Erin Wynn
Special Bequest: My al-anon books.
2nd Recipient: Jules Koen
Special Bequest: Your left over property in my possession. My dog and my cat. Take care of them they are official PTSD animals. Getting older.
3rd Recipient: Lance Harwell
Special Bequest: Everything else.
4th Recipient: Arkanas Arts Center
Special Bequest: My art. my photos. my studio
5th Recipient: State Police Department
Special Bequest: Anything they need to prosecute the criminals.
Hereinafter known as the “Special Bequests.”
5. PREDECEASE
To receive any gift or property under this Will, an individual must survive me by 30 days. If the Beneficiary should predecease me, then any property that they would have received either through the Residual Estate or a Special Bequest shall be distributed to State of Arkansas I guess..
6. PERSONAL REPRESENTATIVE
I nominate and appoint Lance Harwell with a mailing address of ________________________________________________ (“Personal Representative”), as Personal Representative of my estate and I request that they are appointed temporary Personal Representative under the probate process if they so apply.
If my Personal Representative is unable or unwilling to serve their duties under this Will, I nominate and appoint Jules Koen (Guminsky) with a mailing address of ________________________________________________ as the Secondary Personal Representative of my estate and I request that they are appointed temporary Personal Representative under the probate process if they so apply.
a.) Discretionary Powers
My Personal Representative shall have and may exercise the following discretionary powers in addition to any common law or statutory powers without the necessity of court license or approval:
1.) To retain for whatever period my Personal Representative deems advisable any property, including property owned by me at my death, and to invest and reinvest in any property, both real and personal, regardless of whether any particular investment would be proper for a Personal Representative and regardless of the extent of diversification of the assets held hereunder.
2.) To sell and to grant options to purchase all or any part of my estate, both real and personal, at any time, at public or private sale, for consideration, whether or not the highest possible consideration, and upon terms, including credit, as my Personal Representative deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in connection therewith.
3.) To lease any real estate for terms and conditions as my Personal Representative deems advisable, including the granting of options to renew, options to extend the term or terms, and options to purchase.
4.) To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted in favor of or against me, my estate or my Personal Representative.
5.) To make any separation into shares in whole or in part in kind and at values determined by my Personal Representative, with or without regard to tax basis, and to allocate different kinds and disproportionate amounts of property and undivided interests in property among the shares.
6.) To make such elections under the tax laws as my Personal Representative shall deem appropriate, including elections with respect to qualified terminable interest property, exemptions and the use of deductions as income tax or estate tax deductions, and to determine whether to make any adjustments between income and principal on account of any election so made.
7.) To make any elections permitted under any pension, profit sharing, employee stock ownership or other benefit plan.
8.) To employ others in connection with the administration of my estate, including legal counsel, investment advisors, brokers, accountants and agents and to pay reasonable compensation in addition to my Personal Representative’s compensation.
9.) To vote any shares of stock or other securities in person or by proxy; to assert or waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional stock; to deposit securities in any voting trust or with any committee.
10.) To borrow and to pledge or mortgage any property as collateral, and to make secured or unsecured loans. My Personal Representative is specifically authorized to make loans without interest to any beneficiary hereunder. No individual or entity loaning property to my Personal Representative or trustee shall be held to see to the application of such property.
11.) My Personal Representative shall also in his or her absolute discretion determine the allocation of any GST exemption available to me at my death to property passing under this Will or otherwise. The determination of my Personal Representative with respect to any elections or allocation, if made or taken in good faith, shall be binding upon all affected.
12.) If my property cannot be readily sold and distributed, it may be donated to any charitable organization of my Personal Representative’s choice. If any property cannot be readily sold or donated, my Personal Representative may, without liability, dispose of such property as my Personal Representative may deem appropriate. I authorize my Personal Representative to pay as an administration expense of my estate the expense of selling, advertising for sale, packing, shipping, insuring, and delivering such property.
13. The Personal Representative shall not be compensated for their time and effort involved with this Will.
b.) Expenses & Taxes
I direct that all my debts and expenses of my last illness, funeral, and burial be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Personal Representative, hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.
I further direct that my Personal Representative shall pay out of my estate any and all estate and inheritance taxes payable by reason of my death in respect of all items included in the computation of such taxes, whether passing under this Will or otherwise. Said taxes shall be paid by my Personal Representative as if such taxes were my debts without recovery of any part of such tax payments from anyone who receives any item included in such computation.
c.) Bond
Unless required by the court or applicable law, no bond shall be required of the Personal Representative serving under this Will. If a bond is required, no surety shall be necessary.
7. CONTESTING BENEFICIARY
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased me.
8. GUARDIAN AD LITEM NOT REQUIRED
I direct that the representation by a guardian ad litem of the interests of persons unborn, unascertained or legally incompetent to act in proceedings for the allowance of accounts hereunder be dispensed with to the extent permitted by law.
9. GENDER
Whenever the context permits, the term “Personal Representative” shall include “Executor” and “Administrator,” the use of a particular gender shall include any other gender, and references to the singular or the plural shall be interchangeable. All references to the Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor Code. All references to estate taxes shall include inheritance and other death taxes.
10. ASSIGNMENT
The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable, transferable nor paid by way of anticipation, nor in compliance with any order, assignment or covenant and shall not be applied to, or held liable for, any of their debts or obligations either in law or equity and shall not in any event pass to his, her, or their assignee under any instrument or under any insolvency or bankruptcy law, and shall not be subject to the interference or control of creditors, spouses or others.
11. PET DIRECTIVE
I hereby nominate the Personal Representative to be the guardian of my pets (“Pet Guardian”). This includes any and all pets that may be my companion at the time of my death and wish to be placed under the care of the Pet Guardian.
a.) Pet Trust. No funds shall be set aside from my Residual Estate for the Pet Guardian. The Pet Guardian shall bear full responsibility for the daily care and needs of my pets.
12. SPECIAL WISHES
I request to include the following wishes and instructions as part of my Will: If I wind up dead. It was despite my best efforts to protect and save myself from Cyber stalking, sexual harassment, hate crimes, attempted murder of me, and more. Please do something different in society. I would like this to be posted in the paper that I died from Crime Victimization and NOT SUICIDE.
13. GOVERNING LAW
This document shall be governed under the law located in the State of Arkansas.
14. BINDING ARRANGEMENT
Any decision by my Personal Representative with respect to any discretionary power hereunder shall be final and binding on all persons interested. Unless due to my Executor’s own willful default or gross negligence, no Executor shall be liable for said Executor’s acts or omissions or those of any co‑Executor or prior Executor.
I, Carolyn Anne Crocker, hereby declare that I signed and executed this instrument this Will, and that I signed it willingly in the presence of each of the undersigned witnesses, and that I executed it as my free and voluntary act for the purposes herein expressed, on this
Testator Signature ________________________________ Date: ________________________
Printed Name: Carolyn Anne Crocker
The foregoing instrument, on the undersigned date, subscribed on each page and at the end thereof by Carolyn Anne Crocker, the above-named Testator, and by (him/her) signed, sealed, published and declared to be their Will, in the presence of us and each of us, who thereupon, at (his/her) request, in (his/her) presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.
1st Witness Signature ________________________________ Date: ________________________
Printed Name: ________________________________
Address:________________________________________________
2nd Witness Signature ________________________________ Date: ________________________
Printed Name: ________________________________
Address:________________________________________________
SELF-PROVING AFFIDAVIT
STATE OF ________________________ )
COUNTY OF ________________________ )
Before me, the undersigned authority, on this day personally appeared:
Testator: Carolyn Anne Crocker
1st Witness: ________________________
2nd Witness: ________________________
Who, being duly sworn, did depose and declare the following:
1. Carolyn Anne Crocker declared to us, the undersigned witnesses, that the attached document is their Last Will and Testament.
2. Carolyn Anne Crocker signed the Will in our presence, and we, at their request, signed as witnesses.
3. At the time of signing, Carolyn Anne Crocker appeared to be of sound mind, of legal age, and not under any duress or undue influence.
4. We, as witnesses, are at least 18 years old and competent to testify to the facts in this affidavit.
5. We further certify that this affidavit is made to affirm that the Will was executed in accordance with the laws of the State of Arkansas.
Testator Signature ________________________________ Date: ________________________
Printed Name: Carolyn Anne Crocker
1st Witness Signature ________________________________ Date: ________________________
Printed Name: ________________________________
2nd Witness Signature ________________________________ Date: ________________________
Printed Name: ________________________________
NOTARY PUBLIC CERTIFICATION
Subscribed, sworn to, and acknowledged before me by Carolyn Anne Crocker, and sworn to and subscribed before me by the witnesses known as ________________________ and ________________________, this ____ day of ________________________, 20____.
Notary Public Signature: ________________________________
Print Name: ________________________________
My Commission Expires: ________________________________
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