Saturday, December 28, 2024

Legalese: Updated Will [just in case] December 27, 2024 of Laura Linda Gamari




I have no money and few things so there's not really anything to leave anyone. Mostly I would like my digital files sent to the Library of Congress if possible, books donated to the Public Library, and art supplies and wigs given to artists and poor people who will use them to further human rights. 

Personal Statement for Laura Linda Gamari

I, Laura Linda Gamari, born December 25, 1989, declare this Will as valid as of December 27, 2024. I reserve the right to edit it at any time, and there may be different versions by the time I pass away. No matter how I die, please investigate my death. I will not have taken my own life.

Thank you for existing. Thank you for caring. Thank you for never giving up on human rights. Those who truly care, however exhausting it may be, made the world a place worth living in. Stay free. Universal human rights or everything is bullshit 


Date this document was created: 12/28/2024 via freewill.com


Funeral Wishes & Instructions for Laura Linda Gamari

Date document created: 12/28/2024

Designation of agent(s): I designate the agent(s) below to be responsible for carrying out my instructions
regarding my funeral and final resting place.

My First Choice is Milton Hershey School & Ithaca College Department of Writing.


My wishes for my funeral service are:

I would like a room in a library to be dedicated to scifi poets & writers and secular philosophy. A secular
sanctuary. If I have a tombstone or memorial of any kind, please write: "universal human rights or everything is bullshit ".
My wishes for my body and final resting place are:
Send my body out into space, or bury me on the moon. If that's not an option, donate my body to science. I would prefer NOT to be cremated. If still possible, I would like my full name "Laura Linda Gamari" on a brick at the Rod Serling Memorial. My screen name "voltaverse" would also be cool.

Last Will and Testament of Laura Linda Gamari


I, Laura Linda Gamari, of Portland, OR, declare this to be my Will, and I revoke all Wills and Codicils previously made by me.


ARTICLE I: DECLARATIONS
A. Marital Status — As of the date of this Will, I am unmarried.
B. Children — As of the date of this Will, I have no living children


Last Will and Testament of Laura Linda Gamari 1 of 11

I, Laura Linda Gamari, of Portland, OR, declare this to be my Will, and I revoke all Wills and Codicils previously made by me.


ARTICLE I: DECLARATIONS
A. Marital Status — As of the date of this Will, I am unmarried.
B. Children — As of the date of this Will, I have no living children.


ARTICLE II: EXECUTOR PROVISIONS
A. Executor — I nominate my friend Ithaca College Writing Department to serve as Executor of my estate and to
carry out the instructions in this Will.
B. Bond & Court Supervision — No bond or other security shall be required of my Executor in any jurisdiction.
I direct that my estate, if administered, shall be administered and settled under the direction and supervision of
the appropriate court, and not as an independent or unsupervised administration.


C. Executor Powers — I grant to my Executor the following powers:
1. The power to exercise all powers of an absolute owner of property;
2. The power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and
otherwise deal with real property or personal property;
3. The power to borrow money and pledge any property to secure loans;
4. The power to divide and distribute property in cash or in kind;
5. The power to compromise and release claims with or without consideration;
6. The power to pay my legally enforceable debts, funeral expenses, expenses of last illness, and all
expenses in connection with the administration of my estate and the trusts created by my Will;
7. The power to employ attorneys, accountants and other persons for services or advice;
8. Except as otherwise provided herein, the power to make, in my Executor’s discretion, 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: (i) to the guardian of such beneficiary’s person or property; (ii) by utilizing
the same, directly and without the interposition of any guardian, for the health, support, maintenance or
education of such beneficiary; (iii) to a person or financial institution serving as custodian for such
Last Will and Testament of Laura Linda Gamari 2 of 11
Signature:
beneficiary under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act of any state; or
(iv) by reimbursing the person who is actually taking care of such beneficiary, even though such person
is not the legal guardian, for expenditures made by such person for the benefit of such beneficiary;
9. The power to perform other acts necessary or appropriate for the proper administration of my estate,
execute and deliver necessary instruments, and give full receipts and discharges; and
10. Any additional powers conferred upon executors wherever my Executor may act.


D. Expenses — My Executor shall be reimbursed for the reasonable costs and expenses incurred in connection
with such Executor’s duties.


E. Reliance — In acting or declining to act, my Executor may rely upon the written opinion of a competent
attorney licensed and in good standing in the jurisdiction where the subject matter of any opinion is sought, any
facts stated in any instrument, furnished in writing and believed to be true, or any other evidence such Executor
deems sufficient. My Executor shall be indemnified and held harmless from any liability for any action taken,
or for the failure to take any action, if done in good faith and without gross negligence.


F. Ancillary Executors — If my estate contains property located in another state or a foreign jurisdiction and my
Executor cannot, or chooses not to, serve under the laws thereof, my Executor shall have the power to
nominate an ancillary individual or corporate Executor of such property.


G. Digital Executor —
1. I nominate my friend Ithaca College Writing Department to serve as the Digital Executor of my estate. If
Ithaca College Writing Department is unable or unwilling to serve, my Executor shall be my Digital
Executor.


2. If I have left a writing describing my wishes with respect to my Digital Assets and Digital Accounts, I
request that my Digital Executor administer and distribute my Digital Assets and Digital Accounts in
accordance with my wishes, as expressed in that writing. If no such writing is located within thirty (30)
days of my death, the Digital Executor shall administer and distribute my Digital Assets and Digital
Accounts in his or her discretion in accordance with the remaining provisions of this will.


3. I grant my Digital Executor the power to have access to the catalogue and the contents of all electronic
communications (as defined in 18 U.S.C. § 2510(8)) of mine, as well as access, use, manage, close and
control my Digital Assets and Digital Accounts. If I have left a writing describing my wishes with
respect to my Digital Assets and Digital Accounts, I request that my Digital Executor follow my wishes,
as expressed in that writing. If no such writing is located within thirty (30) days of my death, my Digital
Executor may use discretion to exercise the powers granted under this Subarticle G in accordance with
the remaining provisions of this Will. This authorization is intended to be construed to be lawful consent


Last Will and Testament of Laura Linda Gamari 3 of 11
Signature:
under the Electronic Communications Privacy Act of 1986, as amended; the Computer Fraud and Abuse
Act of 1986, as amended; and any other applicable federal or state data privacy law or criminal law.
4. As used in this Will, a “Digital Asset” means an electronic record in which I have a right or interest, but
does not include the contents of electronic communications. As used in this Will, a “Digital Account”
means an electronic system for creating, generating, sending, receiving, storing, displaying or processing
information that provides access to a Digital Asset.


ARTICLE III: GIFTS AT DEATH
A. I give to The Library of Congress all of my interest in Please send all tech equipment, back up drives, audio
recordings and story files to The Library of Congress. If they do not want them, send them to Ithaca College
Department of Writing. If they do not want them, send to Milton Hershey School Historic Archives
Department of School History.. If, however, The Library of Congress fails to survive me, this gift shall instead
be distributed to The Library of Congress’s descendants who survive me, per stirpes, or if no such descendants
survive me, this gift shall lapse.


B. I give to Local Libraries all of my interest in Please donate all books to local libraries - the estates of Ursula K.
Le Guin, James Baldwin, and Rod Serling if they want them. If, however, Local Libraries fails to survive me,
this gift shall instead be distributed to Local Libraries’s descendants who survive me, per stirpes, or if no such
descendants survive me, this gift shall lapse.


C. I give to Local Art Programs for Underpriviledged Kids all of my interest in Please donate all art supplies to
local children's art programs.. If, however, Local Art Programs for Underpriviledged Kids fails to survive me,
this gift shall instead be distributed to Local Art Programs for Underpriviledged Kids’s descendants who
survive me, per stirpes, or if no such descendants survive me, this gift shall lapse.


D. I give to Black & Beyond the Binary Collective, a nonprofit organization, with an address at 5633 SE Division
St, Portland, OR 97206, or its lawful successor, all of my interest in Please donate all wigs and dresses to local
drag queens and homeless/unhoused kids and artists to be used as determined by its Board of Directors (or
equivalent governing body). If upon my death such organization is not in existence, then the gift shall not be
made, and instead, the Executor shall make such gift to a similar organization or organizations of the
Executor’s choosing.


E. As used in this Article, the term “Tangible Personal Property” shall mean all household goods, appliances,
furniture and furnishings, pictures, silverware, china, glass, books, clothing, jewelry, or other articles of
personal use or ornament, and other tangible personal property of a nature, use, or classification similar to the
foregoing. Except as may be provided elsewhere in this Will or in a memorandum regarding tangible personal
property incorporated by reference into this Will (including gifts of Tangible Personal Property items associated


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Signature:
with a gift of real property, if applicable), upon the Testator’s death, the Executor shall distribute the balance of
the Tangible Personal Property to the beneficiaries listed in Article IV, with particular items to be allocated as
they may agree, or if they cannot agree, as the Executor shall determine in the Executor’s discretion. If any
Beneficiary hereunder is a minor, the Executor may distribute such minor’s share to such minor or for such
minor’s use to such minor’s parents, guardians, or any person with whom such minor is residing or who has
the care or control of such minor without further responsibility, and the receipt of the person to whom such
minor’s share is distributed shall be a complete discharge of the Executor. The cost of packing and shipping
such property to any such beneficiary shall be charged against this Will as an administration expense.


ARTICLE IV: GIFT OF RESIDUE
All of the residue of my estate shall be distributed to the following beneficiaries in the noted percentages:
A. 100% shall be distributed to I don't have any money or anyone, outright and free of trust. If I don't have any
money or anyone does not survive me, this share of the residue of my estate shall instead be distributed to I
don't have any money or anyone.


ARTICLE V: TAKERS OF LAST RESORT
If all of the other previous dispositions in this Will fail, the residue of my estate shall be distributed as follows:
100% shall be distributed to I don't have any money or anyone, outright and free of trust.
If a named beneficiary is deceased, their share instead shall be given pro rata to the other named individuals in this
Article. If there are no other named individual beneficiaries, then that individual’s share instead shall be distributed
to my Heirs.


ARTICLE VI: GENERAL PROVISIONS


A. Severability — If any provision of this Will is held to be unenforceable or invalid, the remaining provisions shall remain in full force and effect to the fullest extent permissible under governing law.


B. Survivorship — No beneficiary shall be deemed to have survived me unless such beneficiary remains alive or remains in existence, as the case may be, on the thirtieth (30th) day after my death. Any person who is
prohibited by law from inheriting property from me shall be treated as having failed to survive me.


C. Payment of Taxes — All estate, inheritance, or similar taxes (including interest and penalties thereon) arising in connection with my death with respect to any property included in my gross estate for the purpose of
calculating such taxes, whether or not such property passes under my Will, shall be paid out of the residue of my estate without apportionment. To the extent the residue of my estate is insufficient to pay such taxes, then


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Signature:
any excess taxes shall be paid on a pro rata basis from all of the assets passing by reason of my death.


Notwithstanding the foregoing, no portion of any estate, inheritance or similar taxes arising in connection with my death shall be apportioned or charged to property qualifying fully for the charitable deduction for federal estate tax purposes; provided, however, to the extent that the assets passing by reason of my death that do not qualify for the charitable deduction are insufficient for the payment of such taxes, then any excess taxes shall be paid on a pro rata basis from the assets that qualify for the charitable deduction. The provisions of this Subarticle C shall not apply to any generation-skipping transfer taxes.


D. HIPAA Release — The Executor and each additional or successor Executor shall be deemed to be my
“personal representative” for the purpose of accessing my “protected health information” pursuant to the Health


Insurance Portability and Accountability Act of 1996 (“HIPAA”) (42 U.S.C. Section 1320d) and its
regulations, more particularly, 45 C.F.R. Section 160.103, et seq. (or any successor statute or regulations
thereto). I hereby grant to each such Executor the right to receive and to disclose my protected health
information, pursuant to HIPAA and its attendant regulations. In the event that any Executor, additional
Executor, or successor Executor is not treated as my “personal representative” for the purposes of accessing my “protected health information” pursuant to HIPAA, I authorize my duly appointed attorney-in-fact and my duly appointed healthcare agent to disclose my “protected health information” to the Executor, additional Executor, or successor trustee of any trust established hereunder.


E. Payment of Expenses — All funeral expenses, and all expenses incurred in connection with the administration of my estate shall be paid out of the residue of my estate without apportionment. To the extent the residue of my estate is insufficient for the payment of such expenses, then any excess expenses shall be paid on a pro rata basis from all of the assets passing by reason of my death.


F. Savings Clause — For the purposes of this Will, either gender shall be interpreted as encompassing the other gender, and the singular shall encompass the plural and vice versa, and the meaning shall dictate.


G. Terminology —


1. Except as otherwise provided in this Will, references to a “descendant” or “descendants” shall mean the
lineal blood descendants of any degree of the ancestor designated; provided, however, that such
references shall include as then living descendants, with respect to any provision of this Will,
descendants who have been conceived at any specific point in time relevant to such provision and who
thereafter survive birth. Except as provided below, an adopted child and such adopted child’s
descendants by blood or adoption shall be considered under this Will to be descendants of the adopting
parent or of either of the adopting parents. Notwithstanding anything in this Will to the contrary, the
following persons shall not be included in the definition of “descendants” for any purposes: (i) any
person who is adopted (by anyone other than me) after reaching age eighteen (18), and (ii) any person
who is the descendant (whether by blood or adoption) of such person.


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Signature:


2. References to “Heirs” shall refer to those persons who would inherit separate personal property from the
person designated under the statutes of descent and distribution of the State of Oregon, if such person
had died intestate and unmarried at such time. A distribution to “Heirs” is a distribution in the shares and
manner prescribed under such statutes.


3. When a distribution is to be made to a person’s descendants per stirpes, property shall be divided into as
many equal shares as there are: (a) members of the nearest generation of descendants who survive such
person, and (b) 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 generation of descendants with a member who survives such
person shall receive one share, and the share that would have passed to each deceased member of that
generation who left descendants who survive such person shall be divided in a similar manner (by
reapplying the preceding rule) among their descendants who survive such person.


4. The term “executor” in this Will is synonymous with and includes the terms “personal representative”,
“executrix”, and “trustee” and the context shall dictate.


H. Discretion — Whenever in this Will an action is authorized in the discretion of my Executor or Digital
Executor, the term “discretion” shall mean the sole, absolute, and unfettered discretion of such Executor or
Digital Executor.


I. Spendthrift Provisions — Prior to the actual receipt of property by any beneficiary, no property (income or
principal) distributable under this Will shall, voluntarily or involuntarily, be subject to anticipation or
assignment by any beneficiary, or to the 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.


J. Beneficiary Receiving Public Benefits — If any beneficiary (the “Beneficiary”) under my Will is receiving or,
in the sole determination of my Executor, is likely eligible to receive need based benefits from any local, state,
federal, or private assistance program or agency, including Medicaid benefits, medical assistance, Title XIX of
the Social Security Act, or any similar or successor programs (“government benefits”), my Executor is
authorized to withhold outright distribution to the Beneficiary. Instead, the Beneficiary’s share shall pass in a
separate trust for the benefit of such beneficiary (who shall be the sole beneficiary of such trust during such
individual’s life), and the Executor shall only exercise discretion granted under the provisions of my Will,
including the provisions of this Article regarding distribution of income or principal in a manner so that the
income and principal will be used only to supplement and will never be used to supplant any benefits to which
that beneficiary may be entitled. Each trust created by this Article shall be known as the “the Beneficiary


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Signature:
Separate Trust” and each such trust shall be hereinafter referred to individually as the “SNT” to be held and
administered, as follows:


1. Intent — I intend that the assets of each SNT created by this Article be used to supplement, not
supplant, impair, or diminish, any government benefits or other assistance programs for which the
Beneficiary for whom such trust was created may otherwise be eligible or which the Beneficiary may be
receiving. Consistent with that intent, before expending any amounts from the net income or principal of
the SNT, the Trustee must consider the availability of all government benefits or other assistance
programs for which the Beneficiary may be eligible and that, where appropriate and to the extent
possible, the Trustee maximize the collection of such benefits and facilitate the distribution of such
benefits for the benefit of the Beneficiary. The Trustee must consider any other known income or
resources of the Beneficiary that are reasonably available.


2. Distribution Guidelines — The Trustee shall collect the income of the SNT and, after deducting all
charges and expenses properly attributable thereto, shall, at any time and from time to time, apply for the
benefit of the Beneficiary as much of the net income and principal of the SNT as the Trustee shall deem
advisable, in the Trustee’s sole and absolute discretion, subject to the limitations set forth below. At the
end of each accounting year of the SNT, the Trustee shall add to the principal of this SNT the balance of
the net income not so paid or applied. Except as otherwise stated in this Subsection, none of the income
or principal of this SNT shall be applied in such a manner as to supplant, impair, or diminish government
benefits or other assistance programs for which the Beneficiary may otherwise be eligible or which the
Beneficiary may be receiving.


a. Notwithstanding the foregoing provisions of this Subsection, the Trustee may, in the Trustee’s
discretion, make distributions to meet the Beneficiary’s need for food, shelter, or health care even
if such distributions may result in a disqualification, impairment, or diminution of the Beneficiary’s
receipt of or eligibility for government benefits or other assistance programs, if the Trustee
determines that:


i. the Beneficiary’s needs will be better met if such distributions are made, and


ii. it is in the Beneficiary’s best interests to suffer the consequent effect, if any, on the
Beneficiary’s receipt of or eligibility for government benefits or other assistance programs;
provided, further, if the mere existence of the authority to make distributions pursuant to this
Subsection results in the Beneficiary’s loss of government benefits or other assistance
programs, regardless of whether such authority is actually exercised, this Subsection shall be
null and void, and the Trustee’s authority to make such distributions shall cease and shall be
limited as otherwise provided in this Subsection without exception.










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