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ESTATE OF AARON DUCKER, Deceased

ESTATE OF AARON DUCKER, Deceased. (374612/13) — Before the court is a petition for the probate of two instruments: a March 10, 2005 last will and testament (hereinafter referred to as the "later will") and an instrument dated November 5, 2011 which purports to be a codicil (hereinafter referred to as "the codicil") to a last will and testament dated January 27, 2005 (hereinafter referred to as "the earlier will"). Thus, the petition seeks to probate the later will and the codicil, even though the codicil by its terms indicates that it is a codicil to the earlier will. The petition does not seek probate of the earlier will.

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ESTATE OF AARON DUCKER, Deceased. (374612/13) — Before the court is a petition for the probate of two instruments: a March 10, 2005 last will and testament (hereinafter referred to as the “later will”) and an instrument dated November 5, 2011 which purports to be a codicil (hereinafter referred to as “the codicil”) to a last will and testament dated January 27, 2005 (hereinafter referred to as “the earlier will”). Thus, the petition seeks to probate the later will and the codicil, even though the codicil by its terms indicates that it is a codicil to the earlier will. The petition does not seek probate of the earlier will.

The predominant provision in the earlier will is the creation of a supplemental needs trust for the benefit of decedent’s son Warren Ducker to continue for his lifetime. The later will revokes all prior instruments and, while it too provides for the creation of a supplemental needs trust for Warren, it also provides for termination of the trust and payment of the corpus outright to Warren if he ceases to receive Medicaid benefits.

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