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Last WILL
or
PAUL SKARLATOS
E, PAUL SKARLATOS, make thie ay Will. I revoke any other Wille
and codicile made by me
aRTiCB 1
Cremation and Burial Instructions
1 direct that my remains be cremated and that one-half of my
erenated renains be interred next to my former wife, with the remaining
ene-half to be interred with my wife, PATRICIA TROTT-SKARLATOS
antics 11
‘Tangible Personal Property
A. 1 leave all of my tangible personal property to be
distributed in accordance with a memorandum, list, or letter I may make
pursuant to Va. Code $64.1-45.1. If my wife aurvives me, I leave all
of my tangible personal property which is not mentioned in such a
menorandum, list, or letter to her. If my wife does not survive me, t
leave all of my tangible personal property which is not mentioned in
such a memorandum, list, or letter in equal shares to my children and
to the then-Living lawful descendants, per atiznea, of any of ny
children who predecease ne.
B, “Tangible personal property" includes all of my jewelzy,
clothing, and other articles of personal use or adornment, household
furniture and furnishings, books and other articles of household use or
ornament, coin and stamp collections, automobiles, boats, airplanes,
and their accessories and equipment, and all property which is conmonly
considered tangible personal property. “Tangible personal property"
also includes any transferable casualty insurance policies on any items
of tangible personal property, such policies going to the peraon whe
eer
=| i 0receives the insured property. *Tangible personal property" does not
include any money (other than collectible money having an inherent
value in excess of its face amount) or other tangible evidence of any
intangible rights or interests. Tangible personal property does not
include assets that, in the opinion of my personal representative, were
held by we primarily for business or investment purposes.
ARTICLE IIL
Reniduary Estate
A. 1 leave the residue of my estate as follows:
1. Two-thirds (2/3) to my wife, if she survives me; and
2. One-third (1/3) (or all, if my wife does not survive
me} in equal shares to my children, if they survive me, and to the
then-living lawful descendants of any deceased child of mine, per
abinpe:
1B, T£ any portion of my estate shall pasa to any beneficiary
who shall not yet have attained the maximum age allowed under the
applicable Uniform Transfers (or Gifts) to Minore Act, my personal
representative shall distribute the share for ouch beneficiary to any
appropriate person chosen by my personal representative, which person
may be my personal representative, as cuatedian for auch beneficiary
under the appropriate Uniform Transfers (or Gifts) to Minors Act, to be
held for the maxinum period of time allowed by law.
ARTICLE IV
No_Contest
The terms of my Will reflect my carefully-considered
objectives for che disposition of ay assets, and thie “no contest"
clause is included in my Will to prevent my children from Frustrating
my intent ond creating expensive and divisive litigation for my estate
To assure that ay estate plan is achieved, 1 intend to discourage mychildren from instituting any contest by completely disinheriting such
beneficiary if he or she does so.
B. Tf any of my children participates in any contest of my
Wi11, regardless of probable cause, good faith, or subsequent
withdraval of the contest, the dispositions to that child and to his or
her descendants under any provision of my Will ehall lapse and be
distributed to my wife, if she survives me.
The term contest” for purposes of this Article means a
direct or indirect attempt to challenge any part or all of my Will, Te
also includes abetting, becoming party to, commencing, conducting, and
inciting any action, proceeding or suit: (1) to resist, oppose, upset,
or object to admitting my Will to original oF an:
ilary probate oF
otherwise to adjudicating it to be valid, (2) to assert, file, or raise
an objection to my Will based upon any allegation, including forgery,
lack of capacity, duress, fraud, undue influence, or failure of due
execution, and (3) to impair, invalidate, modify, set aside, or prevent
carrying out any part of my Will, The term "contest" also includes the
agreeing with, or the procuring of, any other person to do any of the
foregoing acts
Debta, Taxes. and Expenses
A. 1 direct my personal representative to pay all of my
legally enforceable debts and funeral expenses, including the cost of a
suitable menorial, as soon after my death as is convenient. However,
ny personal representative will not be required to pay any obligation
of mine in advance of maturity.
B. Unless otherwise specifically directed to the contrary in
another instrument, my personal representative also shall pay as an
expense of administering my estate all death and succession taxes,including any interest or penalties, imposed on account of my death
Ny personal representative will pay these taxes regardless of whether
the property on which they are imposed passes under my Will or
otherwise.
©. My personal representative will make all of the payments
under Paragraph B from the residue of my estate, without apportionment
and without reimbursement from any person, first from that portion of
the residue of my estate which does not qualify for the federal estate
tax marital or charitable deduction, then from the balance of the
residue of my estate
ARTICLE VI
Similtaneous Death
Tf my wife and 1 should die eimuLtaneouely or under
circumstances in which there is insufficient evidence to establish
which of us predeceased the other, my wife shall conclusively be
presumed to have survived me for all purposes of my eatate
ARTICLE VIT
Definitions
A, I am married to PATRICIA TROTT-SKARLATOS at the time of
executing my Will, and all references to my "wife" are to her.
B. At the tine of executing this Will, 1 have three (3)
children; MICHAEL P. SKARLATOS, NATTHEW P, SKARLATOS, and ELIZABETH
SKARLATOS, and all references to my "child" and "children" are to them,
‘The term "descendants" includes those now and hereafter born, and in
addition to natural born, any by legal adoption.
No person cther than my wife shall be deemed to have
survived me for purposes of my Will unless he or she is living on the
date ninety (90) days after the date of my death, as determined by
applicable legal death certificates.aRTicoR vITT
Rersonal Representative
A. T name my wife, PATRICIA TROTT-SKARLATOS, Eo be the
personal representative of my estate. Tf my wife does not survive me
or, having survived me, she dies, resigns, refuses to serve or becomes
unable to serve, then T name WILLIAM RYALL to be the personal
representative of my estate.
B. No personal representative named by me or nominated by any
Personal representative named by me shall be required to provide surety
or other security on a bond.
No personal representative naned by me shall be Liable for
any loss or damage resulting to my estate by reason of the exercise of
any discretion 1 have given my personal representative, except in the
case of willful default, bad faith, or gross negligence.
If any personal representative named at Paragraph A of
this article wants to name a Virginia resident or bank or trust company
as another personal representative 0 that bond with surety can be
avoided for my estate, T authorize the personal representative naned at
Paragraph A of this Article to appoint such a Virginia resident
personal representative
My personal representative is entitled to reimbursement
for expenses and reasonable conpenaation for services in administering
nny estate
ARTICLE 1x
Personal _Representative's 2owera
T authorize my personal representative to exercise all of the
powers granted under Ya. Cade §64.1-57 which are specifically
incorporated by reference herein, or other applicable law, and to do
the following, solely in # Fiduciary capacity:A. To hold and retain as part of my estate all or any
property received from any source.
B, To invest and reinveat the funds of my estate (or leave
them temporarily uninvested), in any type of property and every kind of
investment, including (but not Limited te) corporate obligations of
every kind, preferred or common stocks (including those of any
corporate personal representative), securities of any regulated
investment trust, common trust funds, mutual funds, money market or
other short-term funda (including those maintained, sponsored, advised
or managed by any corporate personal representative), and partnership
interests.
To sell or exchange any property contained in my estate,
whether real, peroonal, or mixed, and in the case of any sale, to sell
for cash or credit, at public or private sale, and with such warranties
or indemnificationa as my personal representative deens advisable.
D. To take title to any securities in the name of any
custodian or nominee, without disclosing this relationship, but ay
personal representative is responsible for the acts of any custodian or
nominee my personal representative uses
E, To vote (in person or by proxy) any stocks or securities
held by my estate, to grant, exercise, sell or otherwise turn to
account any rights te subscribe to stock or securities or other options
held by my estate, to anortize or refrain from anortizing any premiums
on bonds or other securities which my personal representative may buy
or receive, to incorporate, dissolve, merge, reorganize, or otherwise
change the form of any business in which my estate is interested, or
participate in such changes in any manner (and to deposit securities
with any protective committees pursuant to such changes), to
participate in voting trusts, and generally to exercise the same rights
and privileges with respect te any stock or securities held by myestate that any prudent person may lawfully exercise with respect te
stock or securities owned outright
FP, To divide and distribute my estate in kind, in money, or
partly in each, without regard to the incone tax basis of any such
Property, and the personal representative's valuation of any such
property is final and binding on all parties
©. To exercise or refrain from exercising any election or
option granted my personal representative under any provision of the
Internal Revenue Code of 1986, as amended, oF any successor statute or
similar state vax Law.
H, To join with my wife in filing joint federal income tax
returna and, with respect ro any federal gift tax return my wife files,
to consent to being treated as the donor of one-half (1/2) of the gifts
Feported on uch return, and to pay all or part of the tax shown due on
any such income or gift tex return, including any deficiencies,
interest, and penalties subsequently determined to be due, without
reimbursement from any person
To pay all packing, shipping, insurance, and other chazgea
relating to the distribution of any of my tangible personal property,
without seeking reinbursement from the recipient of such tangible
personal property.
Whenever doubt or uncertainty exiats under my Will or
applicable law, to credit receipts and to charge expenses to principal,
to income, or partly to each, and to apportion the same among legacies
and any trusts created in my Will.
K, To hold any of my assets at any place or places either
inside or outeide che United statea.
‘To compromise and adjust any clains against or in favor of
ny estate, upon such terms and conditions as my personal representative
Goons appropriateM, To employ persons, even if they are associated with my
personal representative, to advise or assist my personal representative
in the performance of the duties inposed under my Will
N, With respect to any real estate owned by my estate, to
collect the rente and earnings therefrom, to keep such property (and
ali related fixtures) in tenantable repair, to make all reasonable
expenditures to preserve such property, and to insure the property, my
personal representative, and anyone having an interest in or
responsibility for the property's care against any risks my personal
representative deems appropriate.
To carry on, sell, or liguidate any business or interest
in any business owned by me or in which I am engaged at the time of my
death, whether in corporate, partnership, proprietorship or any other
form, and to invest any additional money in or lend money to any such
business
P. To execute and deliver any instrunente necessary or useful
in the exercise of any of these powers.
ARTICLE x
Miscellaneous
My Will shall be governed by and construed according to
the laws of the state of which I am a resident at the time of my death
B. The headings in my Will are inserted for convenience only
and are not @ part of my WillIN WITNESS WHEREOP, I hereunto set my hand and seal to this
Will, consisting of ten (10) typewritten pages, including attestation
clause, signatures of witnesses, and affidavit of witnesses, all this
ene 3 aay of Qokh « . 1989.
PAUL SkARLATOS
on the J day of (GAs yt , 1999, PAUL SKARLATOS
declared to us, the undersigned, that the foregoing instrument was his
host Will and he requested us to act as witnesses to it and to hia
signature thereon. He thereupon signed this Will in our presence, we
being present at the same tine. And we now at hia request, in his
presence, and in the presence of each other subscribe our names as
witnesses. And we and each of us declare that we believe this testator
to be of sound mind and memory.
NANES ADDRESSES
Naty A
minor tACOMMONWEALTH OF VIRGINTA
COUNTY OF FAIRFAX, to wit:
Before me, the undersigned authority, on this day personally
appeared PAUL sxartatos, Bhonda macd galdana
Sutia Vesune , known to me to be the testator and the
witnesses, respectively, whose nanes are signed to the attached or
foregoing instrument and, all of these persons being by me first duly
sworn, PAUL SKARLATOS, the testator, declared to me and to the
witnesses in ny presence that this instrument is hie Last Will and
Testament and that he had willingly signed or directed another to sign
the sane for him and executed it in the presence of the witnesses as
hie free and voluntary act for the purposes therein expressed, that the
witnesses stated before me that the foregoing Will was executed and
acknowledged by the testator a9 his uast Will end Testament in the
presence of the witnesses who in his presence snd at hia request and in
the presence of each other did subscribe their nanes thereto as
attesting witnesses on the day of the date of thia Will and that the
testator, at the time of the execution of this Will, wae over the age
of eighteen (18) years and of sound and disposing mind and menory.
‘Sworn ond acknowledged before me by PAUL SKARLATOS, the
testator, and Bhande Macdonald ana Sutra Ve Suna,
wieneases, this 5" aay of October, 1999.
Dug pan Cu ytbceh Aoi oA
hota) Public
My commission expires: J131[O)
eee A.copy tes
Sonn
Cou ay:
seommcenen
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Fo aa 7 ate Se
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Fairfax Coun