Preview
02D03-2307-EM-000209 Filed: 7/21/2023 12:08 PM
Clerk
Allen Superior Court 3 Allen County, Indiana
JS
LAST WILL AND TESTAMENT
9E
JOEL D. ALWINE
I, JOEL D. ALWINE, of Allen County, Indiana, being of sound and disposing mind and
memory, but knowing the uncertainty of human life, do hereby make, publish and declare this, my
Last Will and Testament, hereby revoking any and all former Wills by me at any time heretofore
made.
ITEM I.
I direct that all of my just and legal debts, the expenses of my last illness and funeral, and all
inheritance taxes, federal estate taxes, or other succession taxes, shall be paid by my Personal
Representative, hereinafier named, as soon as practical after my death, either from my residuary
estate or fiom funds made available out of the trust estate, by the Trustee in the Trustee's sole
discretion, under a certain Trust Agreement entered into by me this 17th day of April, 2018, and
known as the Joel D. Alwine and Bernadette Alwine Amended and Restated Joint Revocable Trust.
My Personal Representative shall have the discretion to pay from the residuary estate reasonable
costs and expenses associated with safeguarding, insuring, storing, packing, and delivering tangible
personal property to a devisee.
ITEM II.
I give, devise and bequeath certain items of tangible personal property and personal effects
in accordance with the provisions of a certain memorandum or "list" of personal property items to
be distributed to certain individuals, which shall have been dated and signed by me. If for any reason
said memorandum is not found and properly identified as such by my Personal Representative within
thirty (30) days after the probate of my Will, then all of such tangible personal property shall become
part of the residuary estate herein.
Page l of 4
ITEM III.
A11 of the rest, residue and remainder of the property which I may own at the time of my
death, real, personal or mixed, tangible and intangible, of whatsoever nature and wheresoever
situated, including all property which I may acquire or become entitled to after the execution of this
Will, including all lapsed devises or other devises made by this Will which fail for any reason, I
devise to the Trustee of the Trust Agreement entered into by me this 17th day of
April, 2018, and
known as the J oel D. Alwine and Bernadette Alwine Amended and Restated Joint Revocable Trust.
A. Such property shall be added to the principal of the trust fund therein established as
an integral part thereot', to be held, administered and distributed
by the Trustee in accordance with
all the items and provisions of such Trust Agreement.
B. The receipt of the Trustee under such Trust Agreement shall be a full acquittance and
discharge to my Personal Representative for the property so distributed to it. Upon distribution to
the Trustee, the administration of my estate shall cease with
respect to the assets passing to the
Trustee.
C. If such Trust Agreement has been revoked or is determined to be invalid, then I
incorporate into this Will the terms of the Trust by reference and direct that my Personal
Representative administer and distribute my estate according to the Trust's terms and conditions.
ITEM IV.
I nominate and appoint as Personal Representative of this, my Last Will and Testament,
BERNADETTE ALWINE. In the event that BERNADETTE ALWINE is unable to serve, I
nominate and appoint JANE M. FABIAN as Personal Representative. In the event that JANE M.
FABIAN is unable to serve, I nominate and appoint NANCY E. FERVIDA. I direct that my
Personal Representative shall serve without bond. I hereby authorize and
empower my Personal
Representative to sell all or any part of my property, real or personal, at public or private sale, with
or without notice, with or without inventory or appraisement, for such
price and upon such terms,
and to such person or persons as may be advisable in the opinion of said Personal
Representative,
without previous recourse to any Court for authority so to do. I authorize the
unsupervised
administration of my estate. My Personal Representative may, in my Personal
Representative's
discretion, hire, discharge, and compensate an attorney, accountant, expert witness, investment
advisor, trust protector or other advisor or fiduciary who works on my estate's behalf. My Personal
Representative shall not be liable or responsible for any loss sustained by reason of any action taken
or omitted as a result of such advisor's advice.
Page 2 of 4
ITEM V.
This Will shall be governed by the laws of Indiana.
IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 17th day of
April,
20 1 8.
Chief D flflwhwv
D. ALWINE
JOEgZ
The foregoing instrument was signed, sealed, published and declared by the said JOEL D.
ALWINE to be his Last Will and Testament, in our presence, and we now, at the Testator's
request, in the Testator's presence, and in the presence of each other, subscribe our names as
attesting witnesses thereto, this 17th day of April, 2018.
[Magic/mm
0L Warm "y
Witness Witness £507 [fly/m
Page 3 of 4
SELF -PROVED WILL
UNDER PENALTIES FOR PERJURY, WE, the Testator and the Witnesses respectively,
whose names are signed to the attached or foregoing instrument declare:
1. That the Testator executed the instrument as his Last Will and Testament;
2. That, in the presence of both witnesses, he signed his signature;
That he executed the Will as his free and voluntary act for the purposes expressed
in it;
4 That each of the Witnesses, in the presence of the Testator, and of each other,
signed the Will as a Witness;
5 That to the best of their knowledge the Testator was of sound mind; and
6 That to the best of their knowledge the Testator was at the time eighteen (l 8) or
more years of age.
DATED this 17th day of April, 2018.
QM £3 flint/3w
D ALWINE
JCLEL
Witness Witness
Page 4 of 4
Preview
02D03-2307-EM-000209 Filed: 7/21/2023 12:08 PM Clerk Allen Superior Court 3 Allen County, Indiana JS LAST WILL AND TESTAMENT 9E JOEL D. ALWINE I, JOEL D. ALWINE, of Allen County, Indiana, being of sound and disposing mind and memory, but knowing the uncertainty of human life, do hereby make, publish and declare this, my Last Will and Testament, hereby revoking any and all former Wills by me at any time heretofore made. ITEM I. I direct that all of my just and legal debts, the expenses of my last illness and funeral, and all inheritance taxes, federal estate taxes, or other succession taxes, shall be paid by my Personal Representative, hereinafier named, as soon as practical after my death, either from my residuary estate or fiom funds made available out of the trust estate, by the Trustee in the Trustee's sole discretion, under a certain Trust Agreement entered into by me this 17th day of April, 2018, and known as the Joel D. Alwine and Bernadette Alwine Amended and Restated Joint Revocable Trust. My Personal Representative shall have the discretion to pay from the residuary estate reasonable costs and expenses associated with safeguarding, insuring, storing, packing, and delivering tangible personal property to a devisee. ITEM II. I give, devise and bequeath certain items of tangible personal property and personal effects in accordance with the provisions of a certain memorandum or "list" of personal property items to be distributed to certain individuals, which shall have been dated and signed by me. If for any reason said memorandum is not found and properly identified as such by my Personal Representative within thirty (30) days after the probate of my Will, then all of such tangible personal property shall become part of the residuary estate herein. Page l of 4 ITEM III. A11 of the rest, residue and remainder of the property which I may own at the time of my death, real, personal or mixed, tangible and intangible, of whatsoever nature and wheresoever situated, including all property which I may acquire or become entitled to after the execution of this Will, including all lapsed devises or other devises made by this Will which fail for any reason, I devise to the Trustee of the Trust Agreement entered into by me this 17th day of April, 2018, and known as the J oel D. Alwine and Bernadette Alwine Amended and Restated Joint Revocable Trust. A. Such property shall be added to the principal of the trust fund therein established as an integral part thereot', to be held, administered and distributed by the Trustee in accordance with all the items and provisions of such Trust Agreement. B. The receipt of the Trustee under such Trust Agreement shall be a full acquittance and discharge to my Personal Representative for the property so distributed to it. Upon distribution to the Trustee, the administration of my estate shall cease with respect to the assets passing to the Trustee. C. If such Trust Agreement has been revoked or is determined to be invalid, then I incorporate into this Will the terms of the Trust by reference and direct that my Personal Representative administer and distribute my estate according to the Trust's terms and conditions. ITEM IV. I nominate and appoint as Personal Representative of this, my Last Will and Testament, BERNADETTE ALWINE. In the event that BERNADETTE ALWINE is unable to serve, I nominate and appoint JANE M. FABIAN as Personal Representative. In the event that JANE M. FABIAN is unable to serve, I nominate and appoint NANCY E. FERVIDA. I direct that my Personal Representative shall serve without bond. I hereby authorize and empower my Personal Representative to sell all or any part of my property, real or personal, at public or private sale, with or without notice, with or without inventory or appraisement, for such price and upon such terms, and to such person or persons as may be advisable in the opinion of said Personal Representative, without previous recourse to any Court for authority so to do. I authorize the unsupervised administration of my estate. My Personal Representative may, in my Personal Representative's discretion, hire, discharge, and compensate an attorney, accountant, expert witness, investment advisor, trust protector or other advisor or fiduciary who works on my estate's behalf. My Personal Representative shall not be liable or responsible for any loss sustained by reason of any action taken or omitted as a result of such advisor's advice. Page 2 of 4 ITEM V. This Will shall be governed by the laws of Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and seal, this 17th day of April, 20 1 8. Chief D flflwhwv D. ALWINE JOEgZ The foregoing instrument was signed, sealed, published and declared by the said JOEL D. ALWINE to be his Last Will and Testament, in our presence, and we now, at the Testator's request, in the Testator's presence, and in the presence of each other, subscribe our names as attesting witnesses thereto, this 17th day of April, 2018. [Magic/mm 0L Warm "y Witness Witness £507 [fly/m Page 3 of 4 SELF -PROVED WILL UNDER PENALTIES FOR PERJURY, WE, the Testator and the Witnesses respectively, whose names are signed to the attached or foregoing instrument declare: 1. That the Testator executed the instrument as his Last Will and Testament; 2. That, in the presence of both witnesses, he signed his signature; That he executed the Will as his free and voluntary act for the purposes expressed in it; 4 That each of the Witnesses, in the presence of the Testator, and of each other, signed the Will as a Witness; 5 That to the best of their knowledge the Testator was of sound mind; and 6 That to the best of their knowledge the Testator was at the time eighteen (l 8) or more years of age. DATED this 17th day of April, 2018. QM £3 flint/3w D ALWINE JCLEL Witness Witness Page 4 of 4