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MR Johnson's Will

The document is the last will and testament of Johnson Williams. It establishes a trust for the benefit of his children, with Larry M. Gatlin nominated as trustee. The trust is funded by the residuary estate and provides distributions for the children's health, education, support and maintenance. When the youngest child reaches 30, the trust will terminate and distribute the remaining assets to the children.

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0% found this document useful (0 votes)
85 views9 pages

MR Johnson's Will

The document is the last will and testament of Johnson Williams. It establishes a trust for the benefit of his children, with Larry M. Gatlin nominated as trustee. The trust is funded by the residuary estate and provides distributions for the children's health, education, support and maintenance. When the youngest child reaches 30, the trust will terminate and distribute the remaining assets to the children.

Uploaded by

Karlee Weaver
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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ATTORNEY LARRY M. GATLIN P.

C
400 Interstate North Pkwy SE
Atlanta, GA 30330
+1 424 242 5013

LAST WILL AND TESTAMENT


OF
JOHNSON WILLIAMS

I, JOHNSON WILLIAMS, of HONOLULU, Hawaii, revoke my former Wills and Codicils and
declare this to be my Last Will and Testament.

ARTICLE I
IDENTIFICATION OF FAMILY

The names of my children are TRACY GRIST WILLIAMS and CHRISTIANA BETTY
WILLIAMS. A ll references in this Will to "my children" are references to the above -named
children.

ARTICLE II
PAYMENT OF DEBTS AND EXPENSES

I direct that my just debts, funeral expenses and expenses of last illness be first paid from my
estate.

ART ICLE III


DISPOSITION OF PROPERTY

Residuary Estate. I direct that my residuary estate be distributed to my Trustee, to be retained,


managed and distributed under the provisions of Article IV (Trust for Children).

ARTICLE IV
TRUST FOR CHILDREN

A. Purpose. The primary purpose of this Trust is to provide for the health, support, maintenance,
and education of my children.

The provisions of this Trust also provide for the distribution of my residuary estate. If the
Trustee is the beneficiary of any life insurance policy on my life, any pension plan or any other
contract, the proceeds of such policy, plan or contract shall be treated by my Trustee as though
received as a part of my residuary estate.
B. Use and Distribution. Until there is no living child of mine under the age of 30 years, the
Trustee shall pay to any child of mine or descendant of any deceased child of mine, such sums
from the income or principal as the Trustee deems advisable for such beneficiary's health,
education, support, and maintenance. Any such payments need not be equal between or
among my children and descendants of deceased children either as individuals or as separate
groups and their distributive shares shall not be charged for such distributions. In making such
distributions, the Trustee shall take into consideration their respective needs and any and all
other income and property that is known by the Trustee to be available to the beneficiaries for
the above purposes. Any income not distributed shall be added to principal. When there is no
living child of mine under the age of 30 years, the Trustee shall divide the Trust into equal
shares, one share for each then living child of mine, and one share for the then living
descendants, collectively, of each deceased child of mine.

The shares shall be distributed to my surviving children (and/or surviving descendants, in the
case of a deceased child, by right of representation) and this Trust shall then terminate.

C. No Surviving Descendants. If at any time before final distribution of any trust created under
this Will, there is not in existence anyone who is, or might become, entitled to receive benefits
under the foregoing provisions of this Will, then any portion of my trust or estate then
remaining shall be paid over and distributed outright to the following beneficiaries in the
percentages as shown:

0% to CHARITY, of _________________, _________________.

D. Protection of Beneficiaries. The interest of any beneficiary under this Trust shall not be
subject to assignment, anticipation, claims of creditors, or seizure by legal process. If the
Trustee believes that the interest of any beneficiary is threatened to be diverted in any manner
from the purposes of this Trust, the Trustee shall withhold the income and principal from
distribution, and shall apply payment in the Trustee's discretion in such manner as the Trustee
believes shall contribute to the health, support, maintenance, and education of the
beneficiaries. When the Trustee is satisfied that such diversion is no longer effective or
threatened, the Trustee may resume the distributions of income and principal authorized. If a
separate Trust share had been designated for such beneficiary prior to such withholding by the
Trustee, any undistributed income from such share shall be added to the principal of that
beneficiary's share.

E. Nomination of Trustee. I nominate LARRY M. GATLIN, of ATLANTA, Georgia, as the


Trustee, without bond. If such person or entity does not serve for any reason,

ARTICLE V NOMINATION OF INDEPENDENT PERSONAL REPRESENTATIVE

I nominate LARRY M. GATLIN, of ATLANTA, Georgia, as my Independent Personal


Representative, to serve without bond, surety, or other security.
ARTICLE VI NOMINATION OF DIGITAL EXECUTOR

I nominate LARRY GATLIN, of ATLANTA, Georgia, as my Digital Executor, to serve without


bond, surety, or other security. For the purposes of this Will, Digital Executor shall mean a
designated executor assigned to manage the responsibilities for my digital assets after death.

ARTICLE VII NOMINATION OF GUARDIAN

Should it become necessary to appoint a guardian of the person of a minor child, I nominate
TERESA MARIA RODRIQUEZ, of INGLEWOOD, California, to serve as Guardian of my
surviving children who are minors at the time of my death. No guardian shall be required to file
or furnish any bond, surety or other security in any jurisdiction.

ARTICLE VIII PERSONAL REPRESENTATIVE AND TRUSTEE POWERS

A. Power to Administer Estate. My Personal Representative, with respect to my estate, and my


Trustee with respect to my trust, in addition to other powers and authority granted by law or
necessary or appropriate for proper administration, shall have the following rights, powers, and
authority without order of court and without notice to anyone: to identify, gather, value, secure,
manage and distribute assets, to maintain records, to settle and wind up business affairs, to pay
just debts, to file necessary tax returns, to redirect mail, to cancel services, to establish trusts, and
to carry out my wishes as set forth in this Will.

1. Receive Assets. To receive, hold, maintain, administer, collect, invest and re-invest the
estate and trust assets, and collect and apply the income, profits, and principal of the estate
and trust in accordance with the terms of this instrument.

2. Receive Additional Assets. To receive additional assets from other sources, including
assets received under the Wills of other persons.
Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust
assets, exercising the judgment and care, under the circumstances then prevailing, that persons of
prudence, discretion and intelligence exercise in the management of their own affairs, not in
regard to speculation but in regard to the permanent disposition of their funds, considering the
probable income as well as the probable safety of their capital. Within the limitations of that
standard, the Personal Representative and Trustee are authorized to acquire and retain every kind
of property, real, personal or mixed, and every kind of investment, specifically including, but not
by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or
common, that persons of prudence, discretion and intelligence acquire or retain for their own
account, even though not otherwise a legal investment for trust funds under the laws and statutes
of the United States or the state under which this instrument is administered.

3. Retain Assets. To retain any asset, including uninvested cash or original investments,
regardless of whether it is of the kind authorized by this instrument for investment and
whether it leaves a disproportionately large part of the estate or trust invested in one type of
property, for as long as the Personal Representative or Trustee deems advisable.
4. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease or convey real or
personal property, publicly or privately, upon such terms and conditions as may appear to be
proper, and to execute all instruments necessary to effect such authority.

5. Settle Claims. To compromise, settle, or abandon claims in favor of or against the estate
or trust.

6. Manage Property. To manage real estate and personal property, borrow money, exercise
options, buy insurance, and register securities as may appear to be proper.

7. Allocate Between Principal and Income. To make allocations of charges and credits as
between principal and income as in the sole discretion of the Personal Representative or
Trustee may appear to be proper.

8. Employ Professional Assistance. To employ and compensate counsel and other persons
deemed necessary for proper administration and to delegate authority when such delegation
is advantageous to the estate or trust.

9. Distribute Property. To make division or distribution in money or kind, or partly in either


including disproportionate in-kind distributions, at values to be determined by the Personal
Representative or Trustee, and the judgment of either in such respect shall be binding upon
all interested parties.

10. Enter Contracts. To bind the estate or trust by contracts or agreements without
assuming individual liability for such contracts.

11. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or
oppose any plans for reorganization, and exercise any other rights incident to the ownership
of any stocks, bonds or other properties of the estate or trust.

12. Duration of Powers. To continue to exercise the powers provided in this Article
notwithstanding the termination of the trust until all the assets of the trust have been
distributed.

13. Compensation. To receive reasonable compensation for their services under this
Will and be exonerated from and to pay all reasonable expenses and charges of the estate
and trust.

14. Methods of Distribution. To make payments to or for the benefit of any


beneficiary (specifically including any beneficiary under any legal disability) in any of the
following ways: (a) directly to the beneficiary; (b) directly for the maintenance, welfare and
education of the beneficiary; (c) to the legal or natural guardian of the beneficiary; or (d) to
anyone who at the time shall have custody and care of the person of the beneficiary. The
Personal Representative or Trustee shall not be obliged to see to the application of the funds
so paid, but the receipt of the person to whom the funds were paid shall be full acquittance
of the Personal Representative or Trustee.
15. Independent Administration. My Personal Representative shall have the right to
administer my estate using "informal", "unsupervised", or "independent" probate or
equivalent legislation designed to operate without unnecessary intervention by the probate
court.

ARTICLE IX DIGITAL EXECUTOR POWERS

A. Digital Executor. My Digital Executor, in addition to other powers and authority granted
by law or necessary or appropriate for proper administration, shall have the right and power to
manage, distribute, and/or terminate my digital assets in accordance with the Letter of
Instructions incorporated by reference into this Will, without order of court and without notice to
anyone. My Digital Executor's powers shall include, but not be limited to, the power to access,
download, and backup digital assets, to convert my file formats, to access any and all devices as
necessary to manage digital assets, to clear computer caches and to delete files. The Digital
Executor shall also:

1. Standard of Care. Manage, distribute, and/or terminate my digital assets,


exercising the judgment and care, under the circumstances then prevailing, that persons
of prudence, discretion and intelligence exercise in the management of their own affairs,
not in regard to speculation but in regard to the permanent disposition of their digital
assets, considering the probable safety of their digital assets.

2. Employ Professional Assistance. Employ and compensate counsel and other


persons deemed necessary by the Digital Administrator for proper administration of my
digital assets.

3. Delegate Authority. Delegate authority when such delegation is advantageous to


the estate or to the management, distribution and/or termination of my digital assets.

4. Duration of Powers. Continue to exercise the powers provided in this Article IX


notwithstanding the termination of my estate until all the digital assets of the estate have
been distributed.

B. Independent Administration. My Digital Executor shall have the right to administer my


digital assets using "informal", "unsupervised", or "independent" probate or equivalent
legislation designed to operate without unnecessary intervention by the probate court.

ARTICLE X SPECIAL DIRECTIVES

I hereby state, that in addition to the directives and bequests as set forth in this Will, it is my
desire and wish to include the following special directives and last wishes: Any Man who is to
take my first daughter in marriage should be giving a share of $5.6 million and 3 acre of land
from my coffee plantation.

ARTICLE XI MISCELLANEOUS PROVISIONS

A. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted
for reference purposes only and are not to be considered as forming a part of this Will in
interpreting its provisions. All words used in this Will in any gender shall extend to and include
all genders, and any singular words shall include the plural expression, and vice versa,
specifically including "child" and "children", when the context or facts so require, and any
pronouns shall be taken to refer to the person or persons intended regardless of gender or
number.

B. Common Disaster. If my spouse and I die under circumstances such that there is no clear
or convincing evidence as to the order of our deaths, or if it is difficult or impractical to
determine which person survived the death of the other person, it shall, for the purpose of
distribution of my life insurance, property passing under any trust or other contracts, if any, and
property passing under this Will, be conclusively presumed that I survived the death of my
spouse.

C. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of


fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my
estate shall indemnify such natural person from any and all claims or expenses in connection
with or arising out of that fiduciary's good faith actions or nonactions of the fiduciary, except for
such actions or nonactions which constitute fraudulent conduct or bad faith. No successor trustee
shall be obliged to inquire into or be in any way accountable for the previous administration of
the trust property.

D. Compensation. The Personal Representative is entitled to receive reasonable


compensation for their services under this Will and be exonerated from and to pay all reasonable
expenses and charges of the estate and trust.

E. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or
among two or more beneficiaries, the specific items of property comprising the respective shares
shall be determined by such beneficiaries if they can agree, and if not, by my Independent
Personal Representative.
IN WITNESS WHEREOF, I have subscribed my name below, this 25th_____ day of
____MARCH_________________, _2016______.

Testator Signature: ____ _______________________________


JOHNSON WILLIAMS

We, the undersigned, hereby certify that the above instrument, which consists of _____ pages,
including the page(s) which contain the witness signatures, was signed in our sight and presence
by JOHNSON WILLIAMS (the "Testator"), who declared this instrument to be his/her Last Will
and Testament and we, at the Testator's request and in th e Testator's sight and presence, and in
the sight and presence of each other, do hereby subscribe our names as witnesses on the date
shown above.

Witness Signature: ___________________________________


Name: BRENDA WILLIAMS
Address: 545 NE 45 CT
City: Ocala
State: Florida
Phone Number: 8036838934
Email: _________________

Witness Signature: ___________________________________


Name: LARRY M. GATLIN
Address: SUITE 1212 INTERSTATE PKWY SE
City: ATLANTA
State: Georgia
Phone Number: +1 424 242 5013
Email: ATT_LARRYGATLIN@OUTLOOK.COM
Schedule A

Name of Each Digital Asset and Digital Executor

Name of Digital Asset:

FIRST COMMUNITY BANK

Name of Sole Digital Executor: LARRY GATLIN, City: ATLANTA, State: Georgia
Letter of Instructions
Residual Estate Digital Assets

Name of Digital Asset: 20 ACRES OF COFFEE FARMLAND

Access information:

Where to Access: CONTACT MY LAWYER

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