Will - Ready, Jerry L_11/16/15r,
26CO1 1 5 1 1- F/% //� i
LAST �4'II.L AND TEST.4MENT OF
JERRY L. READY
i�� � :.�
NOV 1 6 20
G�erKGibson Circuit 1
I; Jerry L. Ready, of Johnson County; Iowa; revoke all prior wills and make this my �vill.
spouse refers to Lavonne E. Ready.
1. GIF'TS. I make these gifts at my death. Z(a.p Z��Qp �j Oq5 Q Jg
E��
1.1. 29.28 ACRES IN GIBSON COUI�TTY - ROBERT BRENT STr1DER. I give'to my
nephew, Robert Brent Stader, any interest that I may o�vn at my death in 29.28 acres loc�ted in
Gibson County; Indiana.
1.2. COIN COLLECTIOI�T - JOl' LEE NEIGI-IL�ORS. I give to Joy Lee I�'eighboi s, any
interest that I may own at my death in my coin collection.
13. MOTOR V: HICLES; HOUSEHOLD GOODS AND PERSONAL EFFECTS —
LAVONNE E. READY. If my spouse; Lavonne E. Ready, sun�ives me; I give to Lavonne E.
Readv anv interests that I may own at mv death in:
(a) personal motor vehicles,
(b) furniture, fumishings; and other household goods,
(c) jewelry, wearing appazel, and other personal effects; and
(d) other tangible personal property not used in or belonging to a business.
13.1. ALTERNATE BEiVEFICIARY — THOMAS J. GOEDKEN. If Lav
Ready does not survive me, then I give this property to my step-son; Thomas J. Goedken.
1.4. RESIDiJE - LAVO�TE E. READY. if I.avonne E. Ready survives me, I
residue to my sgouse, Lavonne E. Ready.
1.4.1. ALTERNATE BEI�TEFICIARY - THOMA� J. GOEDKEN. If La�
Ready does not survive me; I give the residue to my step-son, Thomas J. Goedken.
2. DEATH TAXES. I direct that "death ta�ces' be paid as provided in this section.
2.1. PAYMENT FROM TAXABLE TRr�u�ISFERS. Death taxes shall be paid 1
property that causes the twx and shall be chazged against thz person receiving that property.
E. ...
the
E.
my
2.2. TAX CREDITS TO TAXABLE TRAI�ISFERS. Any credits against death tares that
have not been previoush� uszd for taxes on lifetime transfers shall be used against all tarable
transfers in a fair manner.
23. NO PAYMENT FR0�4 NONTAX.ABLE TRANSFERS. Death tases shall nit be paid
from property interests and transfers that do not cause death taxes.
2.4. NO PAYMENT OF SPECIFIC TAXES. 'i do not authorize the paymentl of tases
resulting from generation-skipping transfers of interests in properiy not includible in mj ta�:able
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t
� estate nor additional taYes. imposed to recapture the benefits of a special use valuation or a
family o��ned business interest election.
3. ESTATE ADMINISTRATION. I direct that this sec�on be used if there is an administrai ion of
my estate.
3.1. PERSONAL REPRESENTATIVE. I ask that my spouse, Lavonne E. Ready; serve as
my "Personal Representative''. Lf my original nominee fails or ceases to sen�e as my Personal
Representative, I ask that my step-son, Thomas J. Goedken, serve as my "Personal Representative''.
31.1. LJNSUPERVISED r1DA4INIST.2ATI0I�i. I authorize the unsupl rvised
administration of m}� estate.
3.1.2. I�'O BOiVD. A personal representative's bond is not required. I
3.13. REASOI�rt1BLE FEE. My Personal Representati��e shall be entitled to a
reasonable fee for services provided to my estate. My Personal Representative shall be paid back
from my estate for reasonable estate expenses paid by m}� Personal Representative.
3.1.4. NOT LIABLE FOR ACTS OF OTHER PERSONAL REPRESENTATNE.
A personal represeritative shall not be liable for the acts of any other personal representativ i except
in the case of the personal representative's bad faith.
3.1.�. LIABILITY LIIvIITED TO BAD FAITH. My Personal Representati've shall '
not be personally liable for any decrease in the value of any property while in my Personal
Representative's possession; �i�hether due to error in, ju�gment or othenvise, where my ll ersonal
Representative has exerciszd good faith.
3.2. EXPENSES AND DEBTS. Unless provided othenvise, I duect my Personal
Representative to pay my debts; funeral expenses, monument and burial plot costs; and expenses of
administration, first; from. my residuary estate «�ithout reimbursement or apportionment� If my
residuary estate is not large enough to pay these expenses :;nd debts, then payment shall be from my
specific gifts �i�th each specific gi8 paying an amount eqqal to the espenses and debts the residuary
estate cannot pay multiplied times the percentage calculated by dividing the value of the specific
gift by the value of all specific 2ifts. ��y Personal Representarive is au[horized to pay back any
person who advances money for these purposes. My Personal Representative is authorized to pay
administration espenses frem income to the extent such payment does not reduce any chaiitable or
marital deduction othen�ise available.
33. DEATH TAXES. I direct my Personal Rep�esentative to take all reasonable means to
see that death taxes are paid as stated in this �i�ll. My Personal Representative is authorized to
advance payment of death taxes from my estate and then seek payment from those personsiliable for
the tvices under this will.
3.4. PERSONAL_REPRESEI�TTATNE'S PO4UERS. I eive to my Personal '
the powers described in this section subject to the limitations described in this section.
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3.4.1. POWERS OF TRUSTEE AND i1NSUPERVISED P
REPRESENTATIVE. My Personal Representative shall have all the powers with res
estate given a trustee with respect to trust property unde-t Iowa law and eiven to an w
personal representative �vith respect to estate property uiider Io�i�a la�v. Where these
similaz to each other or powers contained in this wil] the broadest of these poH•ers or
shall control:
to my
aze
3.4.2. BEI�rEFICIARY'S USE OF PROPERTY. M}� Personal Representative shall
have the power to pemut any beneficiary to enjoy the use of my personal property or personal
residence «Rthout liability for a decrease in value uiiless the decrease in value is caused�by my
Personal Representative's intentional act or eross negligenre.
3.43. CONTRACT PROTECTION. My Personal Representative shall hl ve the
•po�ver to protect my Personal Representative from personal liability in any contract entered into on
behalf of the estate. ,
3.4.4. DISCLt1IMER. My Persona] Representative shall have the F
disclaim and thereby cancel or revoke any po���er or discretion, whether granted by my
statute, or othenvise.
3.4.5. CONFLICTS OF II�'TEREST !�UTHORIZED. My Personal ReF
shal] have the power to use all the po�i�ers eranted my Personal Representative to deal
any member of my family.or my friends, �»th an}� trust tYiat L a member of my Family or
may have created and �vith any estate of an}� member of..my family or my friends even
Personal Representative may be acting as trustee; persona� representative; guazdian, attor
or agent of fiduciary for any one of those persons or entities or as an individual.
3.4.6. TAX ELECTIOI�TS. My Person�l Representative shall have the
exercise tax choices, elections; options and disclai�ners, in a manner reasonably b�
minimize taxes and espenses, whether upon my est3te.:directly or upon the bene5ciar
estate. I recognize this po�i�er may affect the amount that my beneficiaries may rea
Personal Representative shall not be liable for an}� exercise of this po���er made in good fai
to
by
ly �vith
friends
igh my
wer to
�ed to
of my
. My
3.4.7. DISTRIBUTION - GE�]ERAi,. riiy Personal Representative shall have the
po�ver to distribute the estate at times and on terms as my Personal Representative mav determine.
The distribution may be in cash, in kind, partly in both, or in an undivided interest in propc�rty. My
Personal Representative sfiall have the power to value tlie property for distribution purposes under
this will reasonably and in good faith and to pay the cost of storing, insuring and delivermg any
property to the beneficiary. My Personal Representative shall have no obligation to take ineome taY
basis into account in distributing property in kind or t� make equitable adjusiments benveen or
among the distributees because the income tax bas�s oi the propert}� dish-ibuted in kind. My
Personal Representative shall have no obligation to giye each beneficiary a shaze in each asset'
distributed in kind or available for disiribution in kind.
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3.4.8. DISTRIBUTION — INCAPACITATED PERSON
Representative shall have the po�ver to make distributions to a minor beneficiary or
who is othen��ise an incapacitated person:
(a) by payment of the beneficiary's expenses; �
(b)
(c)
(d)
(e)
��
n�y
by payment to some other person to be applied for the use and benefit oif the
beneficiary; �
by distribution directly to the beneficiazy without bond or security;
by distribution to a responsible person or representative who is a natural,
foster, adopted pazent of the beneficiary; or one �vith �vhom the benefic�ary
resides;
by making distribution to an adult who agrees to serve as custodian for the
beneficiary under the Uniform Transfer to Minors Act or similaz la�v foi
distribution to the beneficiary at age t�venty-one (21);
by making distribution to the guardian or other legal representative �vherever
appointed;
(g) by making distribution to any institution in which the beneficiary is
(h) by purchasing of stocks; bonds, insurance or other properly in the
beneficiary's name; or
(i) by depositine into an account in a bank; financial institution; brokei
similar institution in the beneficiary's name.
4. GENERf1L RULES. I direct that the niles in this section be used in determining the me�i ng of
mq �vill or any trust created under my �i2lL unless stated o?herwise in my n211.
4.1. HEADINGS, GENDER AND NUMBER. Headings at the begimiing uf each
numbered section shall not be referred to in determuung the meanin� of this will. Words reflecting
gender include all gender meanings. Singulaz ��ords iziclude plural meaning and plural words
include singular meaning. � .
4.2. ENTIKE ESTATE GIF"I'ED. It is my intention by this will to give a�vay my entire
estate; ho��ever, any po�;�er of appointment that I may have is not exercised unless ezpressly
referred to in this «�i1L
43. GIFT CONDITIONED Oi�r SURVIVORSHT£
I
Where a gift requires the beneficiary to
survive me or some other. person but no period of time is specified, "survive" shall mean that the
beneficiary survives for a period of 120 hours after the death referred to in the gifr. If the period of
survivorship does not exceed 120 hours «�ith certainty, the gift shall be made as if the berieficiar}�
did not survive. If the beneficiary does not sumive and there is no altemate beneficiary, the gift shall
fail. �
4.4. GIFT TO PREDECEASED BENEFICIARY. A gift not requiring the bene
survive me or someone else shall not fail when the beneficiary does not survive or make
disclauner if the beneficiary's descendants survive me for a period of 120 hours. Those ;
descendants of the beneficiary shall take in the beneficiards place per stirpes. If descenda
predeceased or disclaiming beneficiary do not survive me�for a period of 120 hours and no
beneficiary is named, the gift shall fail. ,
;iary to
a valid
of the
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4.�. GIF"I' 'I'I-IAT FAILS. A failed eift shall be gifted as a part of the residuary estate. If a
portion of the residuary gift fails; that portion shall be 2ifted under the remainin� residuar}� gi i.
�
4.6. INCOME FROM GIF"I'. \TO gift shall beaz interest. All income received by my
Personal Representative during the administration of my estate shall constitute an asset of th i estate
and my Personal Representative shall disburse, distribute, account for and administer the mcl me as
part of the residue of the estate.
I
4.7. EI�TCUMBERED GIFT. Property that is subject to an encumbrance and gifted under
this �vill is gifted subject to the encumbrance.
5. DEFINITIOI�'S. I direct that the definitions in this sec�on be used in determining the meaning of
these ���oids or phrases in my will or any trust created under my will unless stated othenv�se m my
will.
�.I. BEAIEFICIARY. "Beneficiary" means an} individual, corporaUOn, partnership; tmst
or other organization that receives a gift made by my «�ll or made by a trust created in my �i � l.
�.2. CHIL,D. "Child" includes an adopted child and a child bom to or adopted by i e after
the execution of this will but does not include illegitimate. chiidren.
�3. DEATH TAXES. "Death taxes" includes all inheritance; estate or other
taxes including penalties and interest. .
�.4. DESCENDANT. "Descendant" includes children adopted by my descendants or me
but does not include illegitimate children. For purposes of "individual retirement acoounts,"
"qualified retirement pl�ns," or similaz tax-deferred retirement arrangement or annuity,
"descendants" or other sunilar group shall not include. an individual �i�ho is a member of the
group by virtue of legal adoption if the individual was adopted after my required beginn�ng date
or my death, �i�hichever occurs first and is older than the oldest beneficiary of this trust �vho was
living on the earlier of those dates. :
5.5. E1�TCUMBI�NCE. "Encumbrance" means any right or mterest ui property �vhich
decreases the value of the properiy including but not limited to mortga�es, liens, taYes, asse:;sments,
covenants, zoning la�vs, easements, encroachments, persons in possessions, federal and state laws
includina environmental laws and disability laws; or other restrictions.
�.6. ESTATE. Estate mea�is all of my real. and personal property as, from time� to time,
changed in form, increased or decreased.
5.7. FAILS OR CEASES TO SERVE. "Fails or ceases to serve" means that mv Personal
Representative or my Tnistee fails or ceases to serve ���hen my Personal Representat�ves or my
Trustee: I
(a) dies; ,
(b) resigns; ,
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(c) is adjudicated to be a protected persoa under the la�vs of any state;
(d) disappeazs as determined by the affidavit of my successor fiduciary or thi
person or persons entided to appoint a successor;
(e) is unabie to transact a significant part of the business required under tivs
trust as certified in «�-itine by a physician familiaz �vith the condition of r
• current fiduciary to the person or persons entitled to appoint a successor;
(fl is no longer legally authorized to administer this estate or trust;
(g) is removed; or
(h) refuses to accept appointment under tlus will.
�.8. GIFT. "Gift" includes devise, bequest; legacy and other terms used to transfer
at death.
�.9. GNE. "Give" includes devise, bequeath and other terms used to transfer prol erry at
death.
510. IlZC. °IRC" means the specified provision of the United States Intemal Revenue
Code of 1986 in effect as of the date of this �vilL as amended, and future amendments or a s liccessor
statute to the provision.
�.11. I�TONPROBATE ESTATE. "Nonprobate estate" means all of my estate not included
in the "probate estate."
5.12. PER STIRPES. "Per stirpes" shall have the meanuig rt is normally given under
Indiana la�v, though by ��ay of example only it means tliat children of a predeceased betieficiary
share equally the shaze the predeceased beneficiary woulcl receive if living.
5.13. PERSONAL REPRESENTATNE. "Personal representative" includes executor,
administrator and administrator to collect.
5.14. PROBATE FSTATE. "Probate estate" means all of my estate passing underl my will
oi the intestate la�vs of descent of any state.
5.15. RESIDUE. "Residue" or "Residuary" means that portion of the property remaining
after specific gifts, if any; are made.
5.16. WILL. "Vdill" includes testament and cedicil.
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I HAVE SIGNED THIS WILL r11VD INITIr1LED THE PAGES PRECEDIl�'G THIS PAGE IN
THE PRESENCE OF THE UNDERSIGNED WITNESSES, WHO ACT AS SUCH AT MY
REQiJEST, ON �� . . 2012.
rClti 7, � �
J�RRY L. ADY `
WIT'NESSED BY:
Printed �%�f-�/J (TO/'� 41 e [�
Page 7 of 9
�.
AFFIDAVIT
STATE OF IOWA )
) SS:
COLJNTY OF JOHNSON )
R'e, the undersigned testator and the witnesses, respectively; �i�hose names aze signed to the
attached or foregoing instrument; beine first duly s�vom, declaze to the undersigned authority that
said instrument is the testator's will and that the tesiator �villingly signed and executed such
instrument; or expressly directed another to sign the same in the presence of the n�itnesses, :�s a free
and voluntary act for the purposes therein expressed; that said �vitnesses, and each of them, declaze
to the undersigned authoriry that such will was executed and ackno�vledged by the testator as the
testator's �vill in their presence and that they, in the testatar's presence, at the testator's request; and
in the presence of each other, did subscribe their names thereto as attesting writnesses on the date of
the date of such will; and that the testator, at the time oi the execution of such instrumenc, was of
full age and of sound mind and that the «2tnesses ���ere sixteen years of age or older and other�i�ise
competent to be �vitnesses.
�JE � . READY �
r
� `���������//
Printed--��'�/�"�17 l�lsCQ/� (��
Page 8 of 9
Subscribed, swom and ackno�vledged before �xie by Jerry L. Ready, �t}�e testator and
subscribed and s�vom before me b�� 17a�0.n I p, �CS�r�f and '��� r'0� t,U�.( �
witnesses; this �1day of May, 2012.
Mv commission expires:
/-5- a0�3
Resident of Johnson County, Ioma
�, SANDRA K. MOSS �
� Commission Number 184176
My Commi sion Ezpires
iow 1 '
���Cta'l�/_Y_.K �B�%7'�2C��—
�Notary Public
Page 9 of 9
.�ANtJ�A � ��issr�c,�
(printed name o--f notary)
STATE OF INDIANA
C �� 111►Y 11`Z�]�el_ : Y17`►i
)
) SS:
)
IN THE GIBSON CIRCUIT COURT
Case Number: 26C01-1511-EM-�� � 9
I1V THE MATTER OF � � � �
THE EST,9TE OF
JERRYL. READY,
DECEASED NOV 1 7 2015
ORDER FOR PROBATE OF WILL Clerk G° ibsan��ir�,-,A�i Court
WITHOUT ADMINISTRATION
Lavonne E. Ready filed a Petition For Probate of Will Without Court Adminishation and
submitted to the court a���ritten instrument dated b4ay 4; 2012, purporting to be the last ��zll of Jerry
L. Ready. The Court, being advised; makes these findings.
1
2.
The decedent died on or about September 24; 2015.
The decedent's last �vill �ti�as executed in all respects according to law.
IT IS ORDERED that the �vritten instrument dated May 4; 2012; and purporting to be the
last ��Rll of the decedent is admitted to probate and record as the will of Jerry L. Ready.
DATED N�V , 11 .2015.
�-�"�`f�"9 -�' '`�` °"�
Jeffrey F. Meade
Judge, Gibson Circuit Court
DIS'1'RIBUTION
J. David Roellgen
�
�
KOLB ROELLGEN SG KIRCHOFF LLP
LAWYERS
JEFFREY B. KOLB: ALSO AOMITTED IN ILLINOIS
J. DAVID ROELLGEN:ALSOAOMfTTED IN ILLINOIS
YVETfE C. qRCMOFF: AL50 ADMITTED IN IWNOIS, NJ, DC, USSC
BflVW M..qHN$ON:ALSOADMfTTED IN IWNOIS
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SUBJECT
em BUSSERON STF±EEi
P.O. BO%215
VINCENNES, INDLWA<]591
PHONE: (812) B82�Y280
FA%: (012) BBS2308
E-MAIL: general�art6soNav.wm
.. ^ - n ^ .n �
Sherri Smith .
From:
Sent
To:
Subject:
Good Afternoon Susan Wittmer!
Sherri Smith <ssmith@gibsoncounty-in.gov>
Friday, December 04, 2015 1:04 PM
'general@emisonlaw.com' �
Estate ofJerry L Ready, Deceased
I received your letter regarding the request to transfer the real estate.
We will need a check made out to the Gibson County Auditor in the amount of $5.00 to cover the trensfer fee.
I will hold onto your letter until we receive your payment for the transfer fee.
�',/ i �'J /
Gibson County Auditor
www.gibsoncount�in.gov
Office � 8i2.3g5•4927
Fax � 8i2.386-ii73
Cell � 8i2.385.6oi8
T'his email and any files transmitted with it aze confidential and intended solely for the use of the addressee. If
you are not the intended addressee, then you have received this emaIl in error and any use, disseminarion,
forwarding, printing, or copying of this email is strictly prohibited. Please notify us immediately of your
intended receipt by reply and then delete this email and your reply.
JEFFREY B. KOLB'I
J. DAVID ROELLGEN`t'
YVETTE C. KIRCHOFF'^
BRIAN M. JOHNSON'
CHARLES E. TRAYLOR�
� �I
�q� IINIIGCw 6 ti�[Npi LL�
KOLB ROELLGE\ 8 KIRCHOFF LLP
LAWYERS
801 BUSSEFON STFEET
P. 0. BO% 215
VINCENNES, INDIANA 47591-0215
1 December 201 �
Ms Sherri Smith
Gibson Countv Auditor
101 \'. Main Streei
Princeton. II�' 47670
Re Estate of Jerrv L. Readv, deceased
Dear Ms Smith
TEL(312)882-2280
FAX(312)885-2308
generz I�emison law.com
wviw.emisonlaw.com
1 I
/ � � .`
1 � .• �
,�
�i1 � �
Enclosed please find a copy of an Order for Probate of �'ill �'ithout Administration along ���ith
the probated Last R'ill and Testament of Jem� L. Ready. We ask that these documents be used to
transfer the real estate described in L 1 of the will to Robert Brent Stader.
If ��ou ha��e an�- questions, please feel free to contact our office.
Sincerely yours
�u��1. ���►1.�
Susan M. �'ittmer
Leeal Assistant
SMR':tre
Enclosures
c Mrs Lavonne E. Readv
c Mr Tom Goedken
�.�:,m..4w.._.m
.w,�a w.
..�mmmua.o�s
.e.a:c.cwo.v.a
... . m i=s.. vm n o mi.a...0 �.r. m sr.na aw.cn m.�
��o..aan�o.a,.. �m.�c n.n �...e. n.a..o rni� s.ea.:. ec..o
Kim Minkler •
From: James McDonald <mcdonald.law@mw.hvcbc.com>
Sent: Friday, December 04, 2015 8:11 AM
To: 'Kim Minkler'
Subjed: RE: question
Kim
The change of Indiana Inheritance law has caused the increase of Probate of Will Only. I understand that this "Will" leads
a lot to be desired but it has been Probated or spread of record to show chain of title. Could you require Sales Disclosure
form sign by parties which would set forth Parcel Number and some type of description. This would put the
responsibility on them to identify the property they are attempting to transfer. We are not in the business of policing
their chain of title.
Jim
From: Kim Minkler [mailto:kminkler@gibsoncounty-in.gov]
Sent: Thursday, December 03, 2015 1:04 PM
To: 'James McDonald'; mcdonald.law@insightbb.com
Subject: question
1im,
Sherri Smith brought this document to me and I need to know if I can transfer the real estate with only the will. I have
never seen anything like this, it doesn't have a legal description.
Thanks
Kim Minkler
Gibson County Assessor
101 N Main St
Princeton,IN 47670
812-385-5286