Estate Plan
of Phillip Azariah Graham
I, Phillip Azariah Graham, of [Insert address], a legal adult being of competent and
sound mind, do HEREBY DECLARE this to be my estate plan reflecting my personal
wishes without any undue influence whatsoever and HEREBY REVOKE all former
estate plans and testamentary dispositions made by me.
1. PERSONAL BACKGROUND
I was born on [insert date here]
At the time of this estate plan, I am married to ICILDA GRAHAM, who I will refer to as
"spouse". We were married on [insert date here]
I have the following living children as listed below: [insert names of children]
2. EXECUTOR AND TRUSTEE APPOINTMENT
I appoint ICILDA GRAHAM as Executor and Trustee of my estate plan, and if she is
unavailable, unable or unwilling to serve, provided that there should be at all times one
(1) Executor and Trustee of this estate plan, I appoint, in the following order of priority,
such one of the persons hereinafter named as shall be able and willing to act to fill the
vacancy of the Executor and Trustee so created, namely, MARLON FERGUSON as
alternate Executor and Trustee. My Executor and alternate shall have all powers
granted by applicable laws of GEORGIA to carry out all provisions of this estate plan,
may use provisions and procedures for the simplified handling of estates, may hold in
trust the share of any minor Beneficiary until s/he reaches age 18, and shall not be
required to post a bond.
Immediately following my death, the Executor and Trustee will be authorized to
exercise all provisions of this estate plan and to use the assets from my estate to make
necessary arrangements, without any unnecessary delay, for the following items:
i. To pay personal debts, obligations, expenses of my last illness, administration
of the estate, funeral, and testamentary expenses.
ii. To pay inheritance tax (if any) in respect of property passing under the estate
plan.
iii. To pay, transfer, and assign the residue of my estate to my
Beneficiaries.
Any and all my debts due and payable, including funeral, memorial and
burial expenses, the expenses of the administration of my estate, all
estate, inheritance and similar taxes payable with respect to property
included in my probate estate, including any interest and/or penalties
thereon, shall be paid out of my estate pursuant with the laws of the
State of Georgia, without apportionment or right of reimbursement from
any beneficiary herein named in my estate plan.
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I DECLARE that the expression "Executor(s)" or “Trustee(s)” used throughout this
estate plan shall include (where the context permits) the Executor(s) or Trustee(s) for
the time being of this estate plan whether original or substituted and if there shall be no
such Executor or Trustee shall (where the context permits) include the person or
persons empowered by law to exercise or perform any power or trust hereby or by law
conferred upon the Executor(s) or Trustee(s) hereof and willing or bound to exercise or
perform the same.
I DECLARE that none of my Executor(s) or Trustee(s) shall be liable for any act or
omission of his or hers or for any act or omission of any agent employed in the
administration of my estate or in the execution of the trusts hereunder nor for any act or
omission of any co-executor, any co-trustee or any co-personal representative save
and except for any act or omission involving willful fraud or dishonesty committed by
the Executor or Trustee or Personal Representative sought to be made liable.
My Executor(s) or Trustee(s) may engage and employ any agents advisors managers
(whether corporate or not) and any employees whatsoever and in any part of the world
and may pay out of my estate any fees remuneration and other expenses or outgoings
whatsoever payable wherever in the world in connection therewith and my Executor(s)
or Trustee(s) shall not be liable for any loss or damage caused to my estate or part or
parts thereof by the act or default of any such person or corporation if engaged or
employed in good faith.
3. BENEFICIARIES & BEQUESTS
After payment of all of personal debts, obligations, expenses, and liabilities, I request
and direct that my property be bequeathed as follows:
I leave all my property, and bank accounts to Icilda Letitia Graham. If Icilda Letitia
Graham predeceases before me I leave all my property and bank accounts as follows
to
1. Fay Pryce 25%
2. Marlon Ferguson 30%
3. Allan Hillman 10%
4. Mark Graham 30%
5. Rose Hall 5%
If Rose Hall predeceases me I leave her share to Paige Hall her daughter in Jamaica.
If any of the above names predeceases me I leave their share to their children except
for Fay Pryce who does not have a child so her 25% will give to Mark Graham 10%
more and Marlon Ferguson will get 15% more.
a. Personal Property – except for the Specific Bequests specified above, I bestow
all of my tangible personal property owned by me at the time of my death,
including, without limitation, personal effects, clothing, jewelry, furniture,
furnishings, household goods, automobiles and other vehicles, along with all
insurance policies upon such tangible property, in accordance to those
designated in the attached Schedule – Beneficiary Designations, and if any of
them shall be under the age of eighteen (18) years, then it shall be held in
trust until such time as (s)he becomes of age. As per the attached Schedule –
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Beneficiary Designations to this estate plan, signed by me and identifying
certain personal property which is to be bestowed upon the persons named
therein, I direct my Executor to distribute such property in accordance with
the terms and provisions contained herein.
b. Real Property – except for the Specific Bequests specified above, I give all my
residences, subject to any mortgages or encumbrances thereon, and all policies
and proceeds of insurance covering such property, to ICILDA GRAHAM, and if
ICILDA GRAHAM does not survive me, all to those of my children who survive me,
in equal shares, to be divided among them and the descendants of a deceased
child of mine, to take the deceased child’s share per stirpes.
c. Business / Shares – except for the Specific Bequests specified above, I give half of
my interests in any businesses, shares, and companies, to ICILDA GRAHAM, with
the balance (if ICILDA GRAHAM does not survive me, all) to those of my children
who survive me, in equal shares, to be divided among them and the descendants
of a deceased child of mine, to take the deceased child’s share per stirpes.
I authorize my executor either to continue the operation of any business belonging
to my estate for such time and in such manner as my executor may consider
advisable and in the best interest of my estate or to sell or liquidate the business at
such time and on such terms as my executor may consider advisable and in the
best interest of my estate after consultation with the Beneficiaries. Any such good
faith operation, sale, or liquidation by my executor will be at the risk of my estate
and without liability on the part of my executor for any losses that may result.
d. Residuary – I give half of the rest, residue and remainder of my estate to ICILDA
GRAHAM, with the balance (if ICILDA GRAHAM does not survive me, all) to those
of my children who survive me, in equal shares, to be divided among them and the
descendants of a deceased child of mine, to take the deceased child’s share per
stirpes.
e. No Beneficiaries – if at any time before full distribution of my estate all of my
beneficiaries are deceased and this instrument directs no other disposition of the
property, the remaining portion of my estate will then be distributed to my heirs
determined according to the laws of intestate succession.
If any Beneficiary under this estate plan does not survive me by 30 days, then I
shall be deemed to have survived such person.
4. BENEFICIARIES
Names: Icilda Graham (wife)
Occupation: Retired
Date of birth: 04/25/1947
Address: 637 Addison Way, McDonough, GA 30253
Marlon Ferguson (executor)
DOB: 02/01/1984
8268 NW 36th Pl
Sunrise, FL
33351
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Names: Fay Pryce (step daughter)
Occupation:
Date of birth: 04/28/1963
Address: Florida
Names: Allan Hillman (step son)
Occupation:
Date of birth: 01/17/1972 – I have not received his birth date as yet.
Address: Edmonton, Alberta, Canada
Names: Mark Graham
Occupation:
Date of birth: 07/10/1978
Address: Toronto, Canada
Names: Rose Hall (Neice)
Occupation:
Date of birth: 02/18/1965
Address: Seaforth, St. Thomas, Jamaica
Name: Paige Hall (daughter of niece)
DOB: 11/13/2001
Address: 141 Main St, Seaforth, St. Thomas, Jamaica
5. INCAPACITATION
In the event that I become incapacitated before my death, through unforeseeable
circumstances such as illness, accidents or such other event, I hereby appoint [insert
details of agent] as my agent to act in my name and in the best interest of me and my
estate in any manner which I would act if I were in the capacity to do so.
In this regard, the agent so appointed shall be authorized to make adequate decisions
regarding my medical care as required during such periods of incapacitation.
The person so appointed shall be authorized to deal with property in my estate in a way
that promotes the interests of myself and the beneficiaries of such estate. This includes
the authority to buy, sell, lease, exchange, collect, possess and otherwise deal with any
kind of property that constitutes my estate in the most beneficial manner for myself and
the beneficiaries of the estate.
6. REQUEST
Upon my death, I direct that:
All costs and expenses associated with my burial requests shall be paid from the
life insurance, if any, and/or proceeds of my estate.
Christian service be held for my funeral.
I would like my body to be cremated with ashes deposited at a columbarium or
cemetery.[insert details]
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IN WITNESS WHEREOF, I hereby subscribe my name to this estate plan as of the
date set forth below, at the address set forth below, in front of the attesting witnesses
who also subscribe their names to this estate plan below as of the same date, at my
request, and in my company.
SIGNED, and SEALED )
and DELIVERED by )
Phillip Azariah Graham )
in the presence of: )
DATE: 19 August 2022
As of the date of Phillip Azariah Graham’s signature above, Phillip Azariah
Graham declared to us, the undersigned witnesses, that the foregoing estate plan,
expresses Phillip Azariah Graham’s true and sincerest wishes and will. Phillip Azariah
Graham signed this estate plan in our presence, and then we signed this estate plan in
Phillip Azariah Graham’s presence and in the presence of each other at
____________________________________ (place of execution).
WITNESS 1
_____________ of ________________________
_________________________________
SIGNATURE DATE: 19 August 2022
WITNESS 2
_____________ of ________________________
_________________________________
SIGNATURE DATE: 19 August 2022
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