AFF: Affidavit (Generic) April 12, 2024 (2024)

 
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 ELECTRONICALLY FILED 2024 Apr 12 AM 9:18 CLERK OF THE LOGAN COUNTY DISTRICT COURT CASE NUMBER: LG-2024-PR-000010 PII COMPLIANT IN THE DISTRICT COURT 0F LOGAN COUNTY, KANSASIN THE MATTER 0F THE ESTATE OF l | CASE No. LG-2024-PR-0000_SHIRLEY L. FUNK, DECEASED |(Petition Pursuant to K.s.A. Chapter 59 I TITLE To REAL ESTATE INVOLVED AFFIDAVIT PRESERVING WILL PURSUANT T0 K.S.A. 59-618a Kathleen L. Amberger, of lawfiIl age, being first duly sworn upon oath, states: l. Shirley L. Funk died testate at the Logan County Hospital, Oakley, Logan County,Kansas, on February 11, 2024; at the time of death decedent was a resident of Logan County,Kansas and a citizen of the United States residing at 412 S. Smokyhill, Oakley, Kansas 67748. 2. The names, relationships and addresses of all decedent's heirs, legatees anddevisees which are known to this afiiant, after diligent search and inquiry, are as follows: Name Relationshig Interest Address The Trustees of the Willis and Trust Devisee 690 LaHacienda Shirley Funk Marital Trust and Colby, KS 67701 dated January 16, 1991, and Legatee any amendments thereto Douglas L. Funk Son Heir 5111 Eagle Ridge Ct. Lawrence, KS 66047 Kathleen L. Amberger Daughter Heir 690 LaHacienda Colby, KS 67701 Terri L. Albers Daughter Heir 600 Willow Oakley, KS 67748 Susan L. Molstad Daughter Heir 300 E. 12'" St. Ellis, KS 67637 1 3. The name and address of any trustee of any trust established under the will is asfollows: NONE. 4. The will of Shirley L. Funk, deceased, dated January l6, 1991, and the codicil to thewill dated July 27, 2004, are filed with the District Court of Logan County, Kansas, for the purposeof preserving the same for record in the event formal probate proceedings are later required. 5. A copy of this Affidavit and a copy of the Will and codicil will be mailed to eachheir, legatee, and devisee named in this affidavit, as required by K.S.A. 59-6l8a.STATE OF KANSAS, THOMAS COUNTY, ss: l-ZOUCJWMQ I' Ari/26130 Katlileen L. Ambergér, Affiant Signed and sworn to before me on April fl, 2024, by Kathleen L. Amberger. \ «Var p05 CYNTHIA A. BIEBERLE i 20 (a NOTARY PUBLIC STATE OF KANSAS .5 My Appt Exp_ O, -}7} Z STATE CF KANSAS I Ml ' uicblExpiration Date: Noatry 2STATE OF KANSAS, DOUGLAS COUNTY, 85: "14% U Dougls Z 97w"; Funk, Afliant Signed and sworn to before me on March/Li, 2024, by Douglas L. Funk. Notary Public /Expiration Date: -_.._.__ -._ _-_ .__-_ _,._ I 0/71/7/025 .. ISAIAH SIMPSON MyAppolntrnent Expires October 22, 2025 __ '_____.___ 3 CERTIFICATE OF MAILING I hereby certify that on April 12, 2024, a true and correct copy of the above and foregoingAffidavit and a copy of the Will and codicil to the Will were mailed, postage prepaid and properlyaddressed, to each of the heirs, devisees and legatees addressed as set forth in Paragraph 2 of thisAffidavit. CourtneyLE. Ress, Attorney for Co-TrusteesSUBMITTED BY:Courtney E. Ress, #29378Associate AttorneyLaw Office of John D. Gatz505 N. Franklin Ave., Ste. AP.O. Box 346Colby, KS 67701Phone: 785-460-3383Fax: 785-460-7104Email: courtney@gatzlaw.netAttorney for' Co- Trustees 4 Last Will of SHIRLEY L. FUNKI, SHIRLEY L. FUNK, of Oakley, Logan County, Kansas, make this Will and revokeall of my prior wills and codicils. Article One My FamilyI am married and my spouse's name is WILLIS L. FUNK.All references to "my spouse" in my Will are to him.The names and birth dates of my children are: DOUGLAS LLOYD FUNK, born .lune 6, 1957 TERRI LYNNE ALBERS, horn March i7, .1959 SUSAN LOUISE WHEELER , bom September ll, 196] KATHLEEN LISA ARNBERGER, born September 2, 1964All references to my children in this agreement are to these children. Article Two Distribution Of My PropertySection I. Pour-Over to My Living TrustA" my Property of whatever nature and kind. wherever situated. shall be distributed (Ito my revocable living trust. The name of my trust is: WILLIS L. FUNK and SHIRLEY L. FUNK. Trustees. or their successors in trust. l'or the WILLIS AND SHIRLEY,xZéa' Page l FUNK LIVING TRUST, dated , and any amendments thereto.Section 2. Alternate DispositionIf my revocable living trust is not in effect at my deatli for zmy reason whatsoever, thenall of my property shall he disposed of under the terms of my revocable living trust asif it were in full force and effect on the date of my death. Article Three Powers Of My Personal Representative all acts reasonablyMy personal representative shall have the power to perform set forth in the statutes in thenecessary to administer my estate, as well as any powersstate of Kansas relating to the powers of fiduciaries. Article Four Payment Of Expenses And Taxes And Tax ElectionsSection 1. Cooperating with the Trustee of My Living Trustl direct my personal representative to consult with the Trustee of my revocable livingtrust to determine whether any expense or tax shall be paid from my trust or from myprobate estate.Section 2. Tax Elections absolute discretion, may exercise anyMy personal representative. in its sole andavailable elections with regard to any state or federal tax laws. absolute discretion. may elect to have all.My personal representative. in its sole and federal estate tax purposesnone, or part of the property comprising my estate for deduction as qualified terminable interestqualify for the federal estate tax marital of the internal Revenue Code.property under Section 2(l56(B)(7) Page 2x26 / to any perS()n decisions made in goodMy personal representative shall not be liable I'm"faith under this Section.Section 3. ApportionmentAll expenses and claims and all estate. inheritance,and death taxes, excluding any death and which are incurred as ageneration-skipping transfer tax, resulting from myresult of property passing under the terms of my revocable living trust or through my and without reimlmrsem*nt fromprobate estate shall be paid without apportionment estate. inheritance, and death taxesany person. However. expenses and claims. and allassessed with regard to property passing outside of my revocable living trust or outsideof my probate estate, but included in my gross estate for federal estate tax purposes,shall be chargeable against the persons receiving such property. . Page 3£4? Article Five Appointment Of My Personal RepresentativeI appoint the following t0 be my personal representative: WILLIS L. FUNKIf WILLIS L. FUNK cannot act. or is unwilling to act, l appoint the following successorpersonal representatives, in the order named: l. DOUGLAS L. FUNK and KATHLEEN L. ARNBERGER or the survivor of them 2. TERRI L. ALBERS and SUSAN L. WHEELER or the survivor of theml direct that my personal representatives not be required to furnish bond, surety orother security. Page 4 W I have initialed all of the pages of this Will, and have signed it onffiqu. m, "7/ . é, /'7Qfifil/Zfiqt'f '\ Alla/f SHIRLEY FUNK The foregoing Will was, on the day and year written above, published and declaretl by SHIRLEY L. FUNK in our presence to be her Will. We, in her presence and at her request, and in the presence of each other, have attested the same and have signed our names as attesting witnesses. We declare that at the time of our attestation of this Will, SHIRLEY L. FUNK was, according t r best knowledge and belief, of sound mind and memory and under no - undue ess/or constra n 42;?"4Z'. Addr 3: /6 S Address: tea/crud \\LS~ Page 5 V. Z: STATE OF KANSAS ) ss. COUNTY OF Hme ) SHIRLEY L. FUNK grsgg m: mc,,I,L,LzIntI L2,," yr"loIegW.Iing WillTestatrix the whose names are and the witnesses respectIvely, sigIIed to the having been sworn, declared to the undersigned officer that the Testatrix in the presence of witnesses signed the instrument as her last Will that she signed, and that each of the witnesses in the presence ot the Testatrix and in the presence of each other, signed the Will as a witness. Subscribed and sworn before me by SHIRLEY L. FUNK. the Testatrix, and by lie,$Q¢«"5" £352; ggmEVmd LMazz§ 19m" ,the witnesses, on tit RICHARD W. McCULLOUGH N otary Public NOTA Y PUBLIC J I STATE OF KANSAS fifim.".. MyAppt. Expl ~l \L My commission expires. Mating Page 6 4.44% FIRST CODICIL TO LAST WILL AND TESTAMENT OF SHIRLEY L. FUNK I, SHIRLEY L. FUNK, a resident of Oakley. Logan County, Kansas, do hereby make,publish and declare this to be the First Codicil to my Last Will and Testament dated January 16,1991 . and I do hereby ratify and affinn my said Last Will and Testament in all respects except asmodified by this First Codicil in manner and forni following:My executor shall be revised to read as follows: 1 WILLIS L. FUNK 2 DOUGLAS L. FUNK 3 KATHLEEN L. ARNBERGER 4 TERRI L. ALBERS and SUSAN L. WHEELER, or the survivor of them.The above named shall serve in the order in which their name appears. 1N WITNESS WHEREOF, I have on this day of A ,, , 2004, signed,sealed, published and declared the foregoing instrument as and f£45 the irst Codicil to my LastWill and Testament dated July 16, 1991, in the presence of each of the subscribing witnesses,each of whom I have requested in the presence of the other to subscribe his name as an attestingwitness, in my presence, and in the presence of the other. / S HIRL L. UNK,Testator The preceding instrument, consisting of two (2) typewritten pages, including thisattestation clause and the following acknowledgement, was on the date thereof signed, declared,and published by the testator as and for the testator's First Codicil to Last Will and Testament, inthe presence of us and each of us, who, at the testator's request, in the testator's presence, and inthe presence of each other, have hereunto subscribed our names as attesting witnesses. WIT S S '—'\ V64 may "JEN ,6 (444/144/STATE OF KANSAS ) ) ss.COUNTY OF SEDGWICK ) Bef re me, the undersigned authority, on this day personally appeared SHIRLEY L.FUNK it LLUL '0L MALI and 1' ILLlAL o let/L; ,known to meto be the teéiator and the witnesses 1espectively, whose names are subscribed to the annexed orforegoing instrument in their respective capacities, and all of said persons being by me first dulysworn, SHIRLEY L. FUNK. testator. declared to me and to the said witnesses in my presencethat said instrument is testator's First Codicil to the Last Will and Testament dated January 16, 1991. and that the testator had willingly made and executed it as testator's free and voluntary actand deed for the purposes therein expressed; and the said witnesses, each on his/her oath statedto me, in the presence and hearing of the said testator, that the said testator had declared to themthat said instrument is the First Codicil to the testator's Last Will and Testament, and that testatorexecuted same as such and wanted each of them to sign it as a witness; and upon their oaths eachwitness stated further that they did sign the same as witnesses in the presence of each other andin the presence of the testator and at testator's request, and that said testator at that timepossessed the rights of majority, was of sound mind and under no restraint. / SHIRLEX 1!. FUNK. Testat 531%; Witness Witness Subscribed, acknowledged and sworn to befor m by SHIRLEY L. FUNK, testator, and LLLLIL l ULWLLI\ and ('l LU LL, 20 LL V , witnesses, thisQJ day of \LL 1V , 2004. U o WES/"71 I 14L )fibL/flcv Notary Public My commission expires: DONNA LOEHR uoTARY PUB 51MB or KA 14 EXP. Nov MY App! 

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