7/28/2015 2:46 PM Filed Lee County Clerk of Courts 15? DP 450866 Probate: No, Judge Assigned LAST WILL AND TESTAMENT OF TERESA A. SEE I. TERESA A. SIEVERS, of Lee County, Florida, make this, my LAST WILL AND TESTAMENT, and revoke all prior Wills and Codicils. I - IDENTIFI ATI - MEMBE 1.1 My spouse?s name is MARK D. SEVERS. All references in this Will to ?my spouse? are to said spouse. 1.2 ?lm. I have two children, . SIEVERS, whose date of birth is and SIEVERS, whose date of birth is All references herein to ?children? are to SEVERS, SIEVERS and to any children born to or adopted by me after the execution of this Will. QTICLE - DEBTS AND MENSES 2211mm. I direct my Personal Representative to pay my funeral expenses, my medical expenses, the costs of administration, including ancillary, and other proper charges and debts enforceable against my estate, except those secured by property Speci?cally devised under this Will or scan-ed by property passing outside of this Will unless otherwise provided herein. ABTIQE - SPECIFIC GIFTS 3.1 ngnal E?ects. In accordance with Section 732.515 of the Florida Statutes, I devise all my clothing, jewelry, personal effects, furniture, ?nnishings, household effects, automobiles, boats and other tangible personal property (other than money and assets used in a trade or business), TAS LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 2 including insm-anoe policies thereon, in accordance with the last-dated written list or memorandum that I may have executed and that is in existence at the time of my death. In the event of any con?ict hetWeen such memorandum and this Will or any Codicil to this Will, the provisions of the last executed document shall prevail. My Personal Represtative shall conclude no written memorandum or list exists if none is found within 60 days after admission of this Will to probate. To the extent that all such tangible personal property is not e??ectively disposed of by such written list or memorandum, or if no such list or manomndum exists, I devise such items, including insurance policies thereon, to my spouse, MARK D. SIEVERS, if he survives me, otherwise, I devise such items to my then-living children, in substantially equal shares, to be divided among them as they shall agree, or failing such agreement within 60 days after admission of this Will to probate, as my Personal Representative shall determine. All reasonable costs of safekeeping, insuring and shipping such property shall be a general estate administration expense. If a bene?ciary becom entitled to any of my tanm'blc personal property while such child is a minor, then the minor?s Guardian, parent, or any person with whom the minor is residing, in the Personal Representative?s sole discretion, shall represent such bene?ciary in the division of such tangible personal property and my Personal Representative shall distribute such miner's share of such property to the minor the minor?s Guardian, parent, any person with whom the minor is residing, or a custodian under the Uniform Transfers or Gi?s to Minors Act, in the Personal Representative's sole discretion, without ?rrther responsibility, and the distn'bntee's receipt shall discharge my Personal Representative from liability for the distribution of such property. 32 Ideviseto MARKD. SIEVERS, ifheranvivesmemy interest in any real property used by me as my principal residence, together with the buildings and the improvements thereon and the insurarmc policies relating thereto. D. SIBVERS does not survive me, I devise my interest in any real property used by me as my principal residence, .2. TAS LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 3 together with the buildings and the improvements thereon and the insurance policies relating thereto, to my children. in equal shares, mm. ARTICLE IV - RESIDUE Edgy Pour-Over. I devise all the residue of my estate, expressly excluding any property over which I have a power of appointment, to the Trustee of the TERESA A. SIEVERS REVOCABLE TRUST executed on even date herewith prior to the execution of this Will (the ?Revocable Trust Agreement"), to be administered in accordance with the terms of the Revocable Trust Agreement as now constituted and horn time to time hereafter amended. Provided, however, that if such Revocable Trust Agreement shall have terminated prior to my death, or by reason of my death, or if for any other reason distribution cannot be made to it, then I give said residue to my spouse, MARK D. SIEVERS, and if my spouse predeceases me, then I give said residue to my children, in equal shares, 913m. ARTICLE - FIDUCIARIES 5.1 Per-song] I appoint my Spouse, MARK D. SIEVERS, to be the Personal Representative of my estate. Ifmy said spouse shall predecease me or fail to qualify or, having quali?ed, should resign or otherwise cease to act as Personal Representative hereunder, then and in that evcnt I appoint PATRICK J. to be Personal Representative hereunder. No Personal Representative shall be required to furnish bond or other security in any jurisdiction. 5.2 Guardig. In the event that I am not survived by my spouse, ormy Spouse fails to appoint a Guardian of the person for our minor children at his death, then I hereby appoint PATRICK J. as Guardimi of the person of any minor child of mine. In the event that PATRICK J. is unwilling and unable to serve as Guardian of the person of any minor child of mine, I appoint DANIELE. BERARDELLI-WARJNG as Guardian of the person of any minor child of mine. I direct that such persons serve without bond. -3- ms LAST WILL AND TESTAMENT 0F TERESA A. SIEVERS PAGE 4 In the event that I am not smvivcd by my spouse, or my spouse fails to appoint a Guardian of the property for our minor children at his death, then I hereby I appoint PATRICK J. as Guardian of the property of any minor child of mine. In the event that PATRICK J. is unwilling and unable to serve as Guardian of the property of any minor child of mine, I appoint DANIELE as Guardian of the property of any minor child of mine. I direct that such persons serve without bond. TI - TRATIVE PROVISIO If my spouse and I shall die simultaneously, or under circumstances which render it di?icult or impossible to determine the order of death, then I shall be deemed to have smvived my spouse. If any bene?ciary other than my spouse fails to survive the by thirty (30) days, then such bene?ciary shall be deemed to have predeceased me. 62 Tm. I direct that all estate, inheritance or other death taxes (including interest and penalties, if any) payable under the laws of any jurisdiction by reason of my death, whether such property passes under this Will, any Codicil, or otherwise (other than any generation-skipping transfer tax or tax imposed on quali?ed terminable interest property, which taxes are to be paid according to applicable law or ?nal said property), shall be paid out of my residuary estate, without contribution, reimbursement or apportionment; provided that no such taxes shall be charged against property allocated to the Marital Share under the terms of the Revocable Trust Agreement I previously executed this date or which otherwise quali?es for the federal estate tax marital deduction. Ifmy residuary estate shall be insuf?cient to pay all such taxes or charges, then in accordance with Florida Statutes Section 737.3054, 1 direct that payment be sought from assets held in trust under the Revocable Trust Agreement I previously executed this date. 4. TAS LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 5 6.3 mm The Personal Representative may make distributions and payments of income or principal to or for the bene?t of any bene?ciary who is a minor, or who in such ?duciary's judgment is incompetent or incapacitated, in any one or more of the following ways: (1) directly to such bene?ciary or to his or her attomey-in-fact; (2) directly in payment of the debts or expenses of such bene?ciary; or (3) to the Guardian of the person or preperty of such bene?ciary, the parent or parents of such bene?ciary, a custodian for such bene?ciary under a Uniform Transfers or Gifts to Minors Act, or any other person who shall have the care and custody of the person of such bene?ciary. There shall be no duty to see to the application of ?mds so paid, and the receipt of such person shall be ?ll] and su?cient discharge of my Personal Represtative with respect to the same. 6.4 mum. Under cmrent federal tax laws, if the federal estate tax is repealed for the year of my death, my Personal Representative shall have the ability as executor of my estate to allocate up to $1.3 million per estate and an additional $3 million for property passing to a surviving spouse, to the income tax basis of eligible property but not above fair market value. It is my desire that my Personal Representative fully utilize the allocation of basis increase under the law in e??ect at the time of my death. I am fully aware that the ability of my Personal Representative or other persons to pick and chose among assets allocated to my spouse and assets allocated to other bene?ciaries will affect the allocation of basis increase. If my spouse is not the sole Personal Representative of my estate, my Spouse shall have the powcr to direct my Personal Representative on the allocation of the basis adjustment designated solely for the surviving spouse. It is my recommendation, but not direction, that basis step-up be allocated to assets with a readily ascertainahle fair market value. My Personal Representative shall be fully exculpated and indemni?ed for any allocation of basis adjustments that is not made in bad faith and shall be held harmless than any decisions regarding the allocation, even if my Personal Representative bene?ts personally ?om such allomtions. It is my intention that any allocation favor my spouse over any other bene?ciary. .a TAS LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 6 VII - FIDUCIARY POWERS AND INSTRUQEIONS 7.1 Fidng Powg. My Personal Representative (including any substitute or successor Personal Representative) shall have the following powers, in addition to, and not in [imitation of, those powers under Florida Statutes Section 733.612, or similar provision of subsequent law: To retain any property, real or personal tangible or intangible, for such periods of time as my Personal Representative shall deem advisable, without regard to any principle of diversi?cation and notwithstanding the same may be of a wasting nature or may not be recognized by law as a legal invesnnent for ?duciaries; To sell, transfer or otherwise diSpose of the same at such time, to any persons in such manner either at public or private sale, and upon such terms and conditions as my Personal Representative deems advisable, including, but not limited to, the power to sell real property without obtaining prior court approval; To invest and reinvest. my estate in stocks, bonds or other seem-?ies, notes, mortgages, shares or other interests in investment companies or investment trusts, legal and discretionary common trust funds or stock of a corporate ?duciary if one is named or in any other property, real or personal, tangible or intangible, without being limited by any statute or rule of law concerning investments; To vote in person or by any proxy all shares of stock, interests in partnerships, limited liability companies, voting trusts and other entities held in my estate; To exercise any election or Option in connection with the computation of federal estate tax and federal income tax liabilities; .6 iExits LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 7 To join and consent with my spouse, or my spouse?s estate, in the execution and ?ling ofany federal income or gift tart returns for the year in which my death occurred and for any years prior thereto. Any de?ciency, interest or penalties as to such tax reams shall be allocated in such manner as my Personal Representative deems equitable and proper; (3) To hold property in my Personal Representative's own name or in the name of a nominee or barer; To exercise the power to allocate to any property, whether or not such property is part of my probate estate, any exemption from the federal tax on transfers provided by IRC 2631, gt m. with respect to which I am treated as the transferor; To borrow money for purposes of the administration of the estate from anyone, including, but not limited to, my Personal Representative or the trustee under any trust established by me or my spouse with or without pledge or mortgage of any assets of my estate; To continue my interest in any business or enterprise to incorporate any such business and to hold the stock as an inVestment or to become a member or a partner, general or Special, in any business which my Personal Representative ds advisable for the bene?t of my estate or to take any other action with respect to any such business, interest, limited liability company, partnership or corporation; (It) To renew, assign, extend, compromise or release, with or without consideration, or submit to arbitration, any obligations or claims held by or asserted against my estate; (1) To allocate all stock dividends and liquidating dividends to principal and all other dividends to income; -7- LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 8 To make distributions either in property, or by selling property and distributing the proceeds. My Personal Representative shall determine the same in my Personal Representative?a sole and absolute discretion; no bene?ciary under this Will will have any right to require a distribution of property in kind notwithstanding any provisions of Florida law to the contrary. 7.2 Aggunting. It is my desire to avoid the expense and delay of a public or judicial accounting of the administration of my estate. An accounting by my Personal Representative approved in writing by all the then current competent bene?ciaries of income and principal and the compett bene?ciaries who would be entitled to my estate shall be conclusive and binding upon all persons having an interest in my estate, directly or indirectly. This shall not preclude any ?duciary ?'orn electing to submit an account for judicial settlement. ARTIQLE - DEFINITIONS 8.1 Remus. References in this Will to ?descendant? or ?descendants? shall mean child, children, and issue, whether born or adopted before or alter execution of this Will. The singular shall be deemed to include the plural, the masculine the feminine, and vice versa. Headings and captions are for reference only. IN WITNESS WHEREOF, I have subscribed my name and af?xed my seal to this my Will at Segm??, ,this dayof 2009. TERESA sravnas LAST WILL AND TESTAMENT OF TERESA A. SIEVERS PAGE 9 We certify that the above instrument was on the date thereof signed and declaned by TERESA A. SIEVERS, the Testator, as Tesmtor?s Will in our presence, and that we, in Testator?s presence and in the presence ofeaeh other, have signed our names as witnesses thereto, believing Testator to be of sound mind at the time of signing. MW 0 . of 2791 Crow Lake Blvd, Suite 201 Bonita Spn'ngs, Florida 34135 (I of2791] Crown Lake Blvd, Suite 201 Bonita Springs, Florida 34135 This Will pmpmed by: Monica V. Lyons, Esq. Lyons Lyons, PA. 27911 lake Boulevard, Suite 201 Bonita Springs, Flex-ids 34135 Phone: 239-943-1823 Email: LAST WILL AND TESTAMENT 0F TERESA A. SIEVERS PAGE 10 STATE OF FLORIDA COUNTYOF Leg= We, the undersigned, being the Teststor and witnesses, respectively, whose names are signed to the foregoing instrument, and having been sworn, do hereby declare to the undersigned of?cer that the Testator, in the presence of witnesses, signed the instrument as the Testator's Will, that the Testator signed willingly; and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will as witness. Li? 0 I 0 Subscribed and sworn to before me by TERESA A. SEVERS, the Testator, and by ?za?trg? and the witnesses, on this ?b?day of . 2009, all of om personally appeared before me. TERESA A. the Testator, is personally known to me or (K has produced as identi?cation. ?Cali; 3: (51 ?2?03 a personally lmown to me or has produced as identi?cation. a witness, is personally known to me or has produced as identi?cation. C. .5 Notary Public Print Name: My commission expires: