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LAST WILL and TESTAMENT of GEORGE SMITH]01 I, Geroge Smith , resident in the City of Kansas City, County of Wyandotte, State of Kansas being

LAST WILL and TESTAMENT of

GEORGE SMITH]01

I, Geroge Smith, resident in the City of Kansas City, County of Wyandotte, State of Kansas being of sound mind, not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me.

I. COSTS OF ADMINISTRATION

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 all estate any 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.

End of the Article

II. PERSONAL REPRESENTATIVE

I nominate and appoint my brother, Michael Smith of Kansas City, County of Wyandotte, State of Kansas as Personal Representative of my estate and I request that he be appointed temporary Personal Representative if he applies.

End of the Article

III. DISPOSITION OF PROPERTY

I devise and bequeath my property, both real and personal and wherever situated, as follows:

1st Beneficiary my brother, Michael Smith currently with the following property: $10,000 from money market account 1234 at B Bank.

2nd Beneficiary my daughter, Maria Jones, with the following property: my condominium located at 821 Sunshine St., Tampa Florida.

3rd Beneficiary my son, Tom Smith, with the following property: my house located at 755 E. Main St., Kansas City Kansas.

4th Beneficiary my son, Joseph Smith, with the following property: my 2012 Toyota Camry and stock in Google.

5th Beneficiary my grandson, Luke Smith, with the following property: $5,000 from money market account 1234 at B Bank.

6th Beneficiary my grandson, Paul Smith, with the following property: $5,000 from money market account 1234 at B Bank.

7th Beneficiary, my granddaughter, Lara, my deceased wife's diamond ring set.

End of the Article

IV. OMISSION

Except to the extent that I have included them in this Will, I have intentionally, and not because of any mistake or inadvertence, omitted in this Will to provide for any family members and/or issue of mine, if any, however defined by law, presently living or hereafter born or adopted.

End of the Article

V. BOND

No bond shall be required of any fiduciary serving hereunder, whether specifically named in this Will or not, or if a bond is required by law, then no surety will be required on such bond.

End of the Article

VI. 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.

End of the Article

VII. GOVERNING LAW

This document shall be governed by the laws in the State of Kansas.

End of the Article

IX. 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.

End of the Article

I, the undersigned George Smith, do hereby declare that I sign and execute this instrument as my last Will, that I sign it willingly in the presence of each of the undersigned witnesses, and that I execute it as my free and voluntary act for the purposes herein expressed, on this 8th day of August 2012.

George Smith George Smith

Testator Signature Testator (Printed Name)

The foregoing instrument, was on this 8th day of August, 2012, subscribed by George Smith, the above-named Testator, and by him signed, sealed, published and declared to be his LAST WILL AND TESTAMENT, in the presence of us and each of us, who thereupon, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses thereto.

Jay Law 1234 Attorney's Office

Witness Signature Address

Susan Law 1234 Attorney's Office

Witness Signature Address

TESTAMENTARY AFFIDAVIT

STATE OF KANSAS

COUNTY OF Wyandotee, SS.

Before me, the undersigned authority, on this day personally appeared George Smith, testator, Jay Law, witness and Susan Law, witness, known to me to be the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, and, all of these persons being by me duly sworn, the testator declared to me and to the witnesses in my presence that the instrument is the testator's last will and that the testator has willingly signed or directed another to sign for him/her, and that the testator executed it as the testator's free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence of the testator, that they signed the will as witnesses and that to the best of their knowledge the testator was eighteen (18) years of age or over, of sound mind and under no constraint or undue influence.

George Smith Susan Law

Testator Signature Witness Signature

Jay Law

Witness Signature

Subscribed and sworn to before me by the said testator and the said witnesses, this 8thday of August, 2012.

Terri Notary

Notary Public

My Commission expires November 15, 2013

QUESTION #1 (6 Points)

How will someone go about administering George's Estate? Explain the reason for the steps taken.

QUESTION #2 (4 Points)

What impact does the sale of 2012 Camry and the gift of the diamond ring have on the impact of the will? EXPLAIN YOUR ANSWERS.

QUESTION #3 (26 Points)

To whom will the assets of George's estate be given? EXPLAIN THE REASON FOR THE DISTRIBUTIONS.

QUESTION #4 (10 Points)

Were the assets distributed according to the goals George had when he visited his attorney's office? Why or why not? If not, what should have been done differently?

QUESTION #5 (6 points)

Assume for purposes of this question that prior to his death, George appointed both sons Joseph and Tom Durable Powers of Attorney. Since George no longer had the 2012 Camry, that he bequeathed to Joseph, the week after George died, prior to the administration of the estate, Joeph used the power of attorney to transfer ownership of the 2022 vehicle to himself.

5(a) Did Joseph properly exercise his power of attorney? Why or why not?

5(b) Explain what result, if any, this would have on the administration of the assets in the estate?

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