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  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
  • Estate of Larry E. Cotten, DeceasedSec 401.001 Probate Will Independent Executor/rix document preview
						
                                

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Filed 4/17/2024 12:52 PM Dwight D. Sullivan County Clerk Galveston County, Texas LAST WILL AND TESTAMENT OF LARRY EL COTTEN Prepared by: Spurlock & Associates, P.C. 17280 West Lake Houston Pkwy. Humble, Texas 77346 281-548-0900 281-446-6553 (facsimile) \| LAST WILL AND TESTAMENT OF LARRY EL COTTEN I, LARRYEL COTTEN, of Harris County, Texa: make this my Last Will and Testament, and I revoke all Wills and Codicils previously made] by me. | | ARTICLE I. Identification T have two children, Christopher Sean Cotten and Lisa Marie Barr. All referen ces in this Will to "my children" are to them. In addition, all references inthis Will to "my descendants" are to my children (as defined above) and to all of their respective descend ants. ARTICLE I. Burial Request I request that my remains be cremated. ARTICLE Hl. Bequests I give, devise and bequeath all of my estate to those of h 'y descendants who survive me per capita at each generation. If none of my descendants survive: me, I give, devise and bequeath all of my estate to my heirs. ARTICLE Iv. Executor Appointments A. Executor. I appoint my daughter, Lisa Marie Barr, to be Independent Executor of my Will and estate. If Lisa Marie Barr fails to qualify, dies, resigns, becomes incapacitated, or otherwise ceases to serve, I appoint my son, Christopher Sean Cotten, to be Independent Executor of my Will and estate. If Christopher Sean Cotten | fails to qualify, dies, resigns, becomes incapacitated, or otherwise ceases to serve, I appoint my daughter-in-law, Natalie Joy Cotten, to be Independent Executor of my Will and estate. B Bond; Independent Administration. No bo or other security shall be \| _ required of my Executor in any jurisdiction. No action shall required in any court in relation required to the settlement of my estate other than the probating and ree rding of my Will and, if in by law, the return of an inventory, appraisement, and list of claims of my estate. An affidavit if lieu of inventory may be substituted for an inventory, ap, raisement, and list of claims permitted by law. C. Expenses _and Compensation. Every Executor shall be reimbursed for the reasonable costs and expenses incurred in connection with such Executor's duties. Every by such Executor shall be entitled to fair and reasonable compensati n for services rendered a Executor in an amount not exceeding the customary and prevailing charges for services of similar character at the time and place such services are perforn ed. D. Ancillary Executors. If my estate contains property located in another state or a my foreign jurisdiction and my Executor cannot or chooses not tq|serve under the laws thereof, Executor shall have the power to appoint an ancillary individual or corporate Executor of such property. E Multiple Executors. Unless another meaning jis clearly indicated or required by context or circumstances, the term "Executor" shall also me and include any Co-Executors, alternates, or successors. Except as otherwise specifically provided in this Will, if two or more f Executors are named or serving hereunder and any one or mor , but not all, decline, fail or cease to serve for any reason, and no successor Executor is named h rein, then the remaining Executor or Co-Executors, as the case may be, shall be appointed or continue to serve in such capacity. F. Actions by Co-Executors. In all matters relating to my estate, the decision of a majority of the Executors then serving shall control. Any wri ting signed by the persons whose decision shall control shall be valid and effective for all purposes as if signed by all such Executors. ARTICLE V. Executor Powers Each Executor shall, to the extent permitted by law, act independently and free from the control of any court as to my estate (and as to all of the property of my estate). Each Executor shall have and possess all powers and authorities conferred by statute or common law in any jurisdiction in which such Executor may act, except for any ifstance in which such powers and authorities may conflict with the express provisions of this Will, in which case the express provisions of this Will shall control. In addition to such powers and authorities, each Executor shall have and possess the following powers and authorities (gach of which shall be exercisable in the discretion of such Executor) with respect to my estate, and the following provisions shall apply to my estate: () To retain, without liability for any depreciation or loss occasioned by such retention, any property which was owned me when my Executor determines that, because of the circumstances involved. my estate would be better served by not diversifying the investment in such property; (2) To exchange, sell or lease for cash, roperty or credit, or to partition, publicly or privately, at such prices, on such terms, times and conditions and by instruments of such character and with such venants as my Executor deems proper, all or any part of the properties of my estate, including real property, and no vendee or lessee shall be required to |look to the application of any funds paid to my Executor; (3) To borrow money from any source (including any Executor) and to mortgage, pledge, or in any other manner encumber all or any part of the properties of my estate as may be advisable in the judgment of my Executor for the advantageous administration of my estate; (4) To make, in the discretion of my Executor, any distribution required or permitted to be made to any beneficiary under this Will in any of the following ways when such beneficiary is a minor or is incapacitated: (i) to such beneficiary directly; (ii) to the guardian or conservator of such beneficiary's person or estate; (iii) by utilizing the same, directly and without the interposition of any guardian or conservator, for the health, support, maintenance, or education of such beneficiary; (iv) to a person or financial institution serving as custodian for such beneficiary under a uniform gifts to minors act or a uniform transfers to minors act of any state; (v) by reimbursing the person 10 is actually taking care of such beneficiary (even though such person is n the legal guardian or conservator) for expenditures made by such person for the benefit of such beneficiary; and (vi) by managing such distribution as/a separate fund on the beneficiary's behalf, subject to the beneficiary's contim g right to withdraw the distribution; and the written receipts of the persons receiving such distributions shall be full and complete acquittances to my Executor; (5) To make divisions, partitions, or distributions in money or in kind, or partly in each, whenever required or permitted to divide, partition, or distribute all or any part of my estate; and, in making any such divisions, partitions, or distributions, the judgment of my Executor in the selection and valuation of the assets to be so divided, partitioned, or distributed shall be inding and conclusive; and, further, my Executor shall be authorized to make) distributions from my estate on a non-pro rata basis; and (6) To invest and reinvest the properties of my estate in any kind of property whatsoever, real or personal (including oil, gas and other mineral leases, royalties, overriding royalties and other interests), whether or not productive of income, and such investments and reinvestments may|be made without regard to the proportion that such property or property of a simi ar charact er held may bear to my entire estate if my Executor determines that, b + ause of the circumstances involved, my estate would be better served by not diversifying such reinvestments; provided further, the standard for investment or ssessing the investment performance of a Trustee who is an individual shall be the prudent investor rule in Section 117.004 of the Texas Uniform Prudent Investor Act, and such rule shall be applied to the investment performance of the entire portfolio, taking into account the purposes, terms and provisions stated herein, and not the investm ent performance of any single investment considered apart from the rest of the portfolio. ARTICLE VI. Miscellaneous A Spendthrift Provisions. Prior to the actual rece’ ipt of property by any beneficiary, no property (income or principal) distributable under this Will hall, voluntarily or involuntarily, be subject to anticipation or assignment by any beneficiary, or to attachment by or to the interference or control of any creditor or assignee of any beneficiary, or taken or reached by any legal or equitable process in satisfaction of any debt or liability of any beneficiary, and any attempted transfer or encumbrance of any interest in such property by any beneficiary hereunder prior to distribution shall be void. B. Survivorship Provisions. No person shall be deemed to have survived me if such person shall die within 30 days after my death; however, my Executor may make distributions from my estate within that period for the support of my children. Any person who is prohibited by law from inheriting property from me shall be treated as havi g failed to survive me. Cc Payment of Debts. I direct that all of my legal debts, funeral and testamentary expenses, costs and expenses of administration of my estate, and all estate, inheritance, transfer and succession taxes (Federal, State and others) upon or with re spect to any property required to be included in my gross estate under the provisions of any |. , and whether or not passing hereunder, shall be paid as soon after my death as in the opinion of my Executor is practical and advisable. If at the time of my death any of my property is subject to a mortgage, lien, or other debt, I direct that the devisee taking such property shall take it s bject to such mortgage, lien, or other debt, and that such person shall not be entitled to have the obligation secured thereby paid out of my general estate. My Executor is specifically given the right to renew, refinance and extend, in any form that my Executor deems best, any secured or unsecured debt or charge existing at the time of my death. Under no circumstances shall my Executor be required to prepay any debt of mine. I D. Descend. ants.References to "descendant" of) "descendants" mean lineal blood descendants of the first, second or any other degree of the ancestor designated; provided, however, such references shall include, with respect to any provision of this Will, descendants who have been conceived at any specific point in time re evant to such provision and who thereafter survive birth; and provided, | ‘d further, an adopted id and such adopted child's lineal descendants by blood or adoption shall be considered under Will as lineal blood descendants of the adopting parent or parents and of anyone who is by bl d or adoption a lineal ancestor of the adopting parent or of either of the adopting parent s. E. Incapacitated. A beneficiary shall be deemed "incapacitated" if my Executor, in my Executor's reasonable discretion, determines that such ben i eficiary lacks the ability, due to a physical or mental condition, to manage his or her own persona l and financial affairs. My Executor shall be deemed "incapacitated" if and for as long as (i) a court of competent jurisdiction has made a finding to that effect, (ii) a guardian or conservator of such Executor's person or estate has been appointed by a court of competent jurisdi ction and is serving as such, or (iii) one physician (licensed to practice medicine in the stat¢) where my Executor is domiciled at the time of the certification, and who is board certified in the special ty most closely associated with the cause of such Executor's incapacity) certifies that due|to a physical or mental condition my Executor lacks the ability to manage his or her own persona l and financial affairs. An incapacitated Executor shall be deemed to have regained capacity if there is a finding to that effect by a court of competent jurisdiction or if one physician (with the same qualifications described above) certifies that th e Executor is capable of managing his or her personal and financial affairs. F. Heirs. . References to "heirs" are to those persons who would inherit separate personal property from the person designated under the statutes jof descent and distribution of the State of Texas, if such person died intestate and single at such time. G Per Capita At Each Generation. When a distribution is to be made toa person's descendants "per capita at each generation," property| shall be divided into as many equal shares as there are (i) surviving members of the nearest generat ion of descendants who survive such person, and (ii) deceased members of that generation who left descendants who survive such person. This division into shares shall begin at the generation nearest to such person that has a surviving member. Each surviving member of the nearest generati on of descendants with a member who survives such person shall receive one share, and the remaining share or shares, if any, that would have passed to each deceased meml er of that generation who left descendants who survive such person shall be combined and then divided and allocated in the same manner (by reapplying the preceding rule) among his or her remaini ng descendants who survive such person as if the descendants already allocated a share and their descendants had failed to survive such person. This definition is intended to o yerride any conflicting or contrary common law definition. IN TESTIMONY WHEREOF, I have placed my initials on each of the foregoing pages of this, my Last Will and Testament, and in the presence of 0 witnesses, who are acting as witnesses at my request, in my presence and in the presence of each other, I hereunto sign my name, on Bik 25" » 2015. ° (ity & CBE LARRY EL/COTTEN, Testator The foregoing instrument was signed by the testator in|our presence and declared by the testator to be his Last Will and Testament, and we, the undersigned witnesses, sign our names hereunto as witnesses at the request and in the presence of t testator, and in the presence of each other, on Run vst 25 ; 2015. Arnage i Witness Signature Cvvoe Sours | vty Street Address | 17 OY o a mble, | ¥ City, State and Zip |Code OL LAr Ouse Witness Signature Sbl4 Street Address Walt St TK 72087 City, State and Zip Code ee E a - SELF-PROVING AFFIDAVIT STATE OF TEXAS § § COUNTY OF HARRIS § Before me, the undersigned authority, on this day ersonall appeared LARRY EL COTTEN, Suny outbul and Mea th Zz known to me to be the testator and the witnesses, respect ivell, Whose to names are subscribed the annexed or foregoing instrument in their respective capacitile s, and, all of such persons being by me duly sworn, the said LARRY EL COTTEN, testator, dé clared to me and to the witnesses in my presence that such instrument is his last will and testamer it, and that he had willingly made and executed it as his free act and deed; and the witnesses, ea on his or her oath stated to me, in the presence and hearing of the testator, that the testator) h: ad declared to them that such instrument is his last will and testament, and that he executed game as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the testator and at his f quest; that he was at that time eighteen years of age or over (or being under such age, was or h id been lawfully married, or was then a member of the armed forces of the United States or of an auxiliar y thereof or of the Maritime Service) and was of sound mind; and that each of the witnesses was then at least fourteen years of age. Xoliy f L.ARDOE, oy C EN, Testator if fa, i ee Wittess Signature Oh hieudh Lat Qe Witness Signature _. Subscribed and sworn to before me by LARRY L COTTEN, testator, and by SM Spurl Ateja nde SEE M12 , witnesses, on dy » 2015. J LEH. a KIMBERLEY M. SPURLOCK Notary Public. = of Texas My Commi Expires Notary Public, Séitel@f Texas 0 January 22. 2017 C4,