Transcript
Art.No. 19530
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Art.No. 19530
LAST WILL AND TESTAMENT
I,
, currently residing at Full address and born Year, do declare this to be my Will, and I revoke any and all Wills and codicils previously made.
Article I: IDENTIFICATION OF SPOUSE I am married to
and all references in this Will to “my spouse” are references to
.
Article II: CHILDREN I have the following living children: 1. Name, Address 2. Name, Address 3. NOTE: Add or delete spaces for your children as required.
Article III: EXECUTOR I appoint of City, State to be the executor of this Will. If is unwilling or unable to serve as executor, I appoint , of City, State. I direct that no bond or security of any kind shall be required of any executor. The term “executor” in this Will is synonymous with and includes the terms “personal representative,” “administrator” and “executrix” without regard to gender.
Article IV: PAYMENT OF FUNERAL EXPENSES AND DEBTS I direct that my enforceable unsecured debts and funeral expenses, the expenses of my last illness, and the expenses of administering my estate be paid by my executor.
Article V: PAYMENT OF TAXES I direct that all inheritance transfer, succession, and other death taxes which may be payable with respect to any property includable as part of my gross estate be paid from my residuary estate, without any apportionment thereof.
Article VI: REAL PROPERTY
Initials:
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Last Will and Testament with Real Estate and Bequest (Married, Adult Children) Art.No. 19530
I leave to Normally your spouse, if he/she survives me, my interest in the Describe type of residence (Apartment, house, etc.) located at Full address and any other real property interest that I have at my death, including any insurance policies on this property and its contents. If he/she does not survive me, I give that property to .
Article VII: SPECIFIC BEQUESTS To receive a specific bequest under this Will, a beneficiary must survive me for thirty days. Any item that fails to pass to a beneficiary will return to my estate to be included in the residue of my estate. All property given under this Will is subject to any encumbrances or liens attached to the property. My specific bequests are as follows: a. I leave to of City, State if he/she shall survive me, the following, which does not diminish his/her share of my residual estate, if any: . If I do not own this or these at the time of my death, this bequest has no effect. b. I leave to of City, State if he/she shall survive me, the following, which does not diminish his/her share of my residual estate, if any: . If I do not own this or these at the time of my death, this bequest has no effect. NOTE: Add additional bequests by copying a bequest from above and pasting it here.
Article VIII: DISPOSITION OF PROPERTY I give the residue of my estate not otherwise required for the payment of any debts, funeral expenses, or any other payment resulting from probate or administration of my Will to my spouse. If my spouse does not survive me, my residuary estate shall be distributed to my children in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, my residuary estate shall be distributed to . If such beneficiary does not survive me, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, relating to the succession of separate property that is not attributable to a predeceased spouse, as if I had died intestate at the time fixed for distribution under this provision.
Article IX: OMISSIONS If I have omitted to leave property in this Will to one or more of my heirs, the failure to do so is intentional.
Article X: POWERS OF EXECUTOR The executor shall have all the power allowable under the laws of this state, and any powers or elective rights conferred by statute or federal law. The executor shall have the right and power to lease, sell, mortgage or otherwise encumber any real or personal property that may be Initials:
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Last Will and Testament with Real Estate and Bequest (Married, Adult Children) Art.No. 19530
included in my estate, without court order and without notice to anyone. The executor shall have the right to administer my estate using “informal,” “unsupervised” or “independent” probate or equivalent legislation designed to operate without necessary intervention by the probate court.
Article XI: LIABILITY OF FIDUCIARY No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or non-actions of the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith. No successor trustee shall be obliged to inquire into or be in any way accountable for the previous administration of the trust property.
Article XII: SIMULTANEOUS DEATH AND SURVIVORSHIP For the purposes of determining the appropriate distributions under this Will, no person shall be deemed to have survived me unless such person is also surviving on the thirtieth day after the date of my death. If any beneficiary under this Will dies simultaneously with me or under such circumstances that the order of our deaths cannot be readily determined, such beneficiary shall be deemed to have predeceased me. If my spouse dies simultaneously with me or under such circumstances that the order of our deaths cannot be readily ascertained, it shall be presumed that my spouse survived me.
Article XIII: NO CONTEST PROVISION If any beneficiary under this Will contests in any court any of the provisions of this Will, then each and all such persons shall not be entitled to any devises, legacies, bequests, or benefits under this Will or any codicil hereto, and such interest or share in my estate shall be disposed of as if that contesting beneficiary had not survived me.
Article XIV: SEVERABILITY If any provisions of this Will are deemed unenforceable, the remaining provisions will remain in full force and effect.
I am signing this instrument, which is my last Will and which is printed on sheets of paper, on Date with year, in the City of in the State of . I declare that I am of the legal age in this jurisdiction to make a Will, that I am under no constraint or undue influence, and I sign this Will freely and voluntarily. I am signing immediately below in the presence of the three persons witnessing my signature at my request.
Initials:
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Last Will and Testament with Real Estate and Bequest (Married, Adult Children) Art.No. 19530
Full name in ALL CAPS
On Date with year, Full name, Testator, declared to us that the above instrument was his/her Will. He/She requested that we serve as witnesses to his/her signing the Will. He/She signed the Will in our presence, and there was no one else in the room at the same time. At his/her request, in his/her presence, and in each other’s presence, we sign below as witnesses. Each of us is now the age of majority, a competent witness, and resides at the address set forth below. To the best of our knowledge, the Testator is of the age of majority or otherwise legally empowered to make a Will, is mentally competent and under no constraint or undue influence. We declare under penalty of perjury under the laws of the State of true and correct this ("ninth") day of Month, Year, at City, State.
that the foregoing is
Full name in ALL CAPS Address with City and State
Full name in ALL CAPS Address with City and State
Full name in ALL CAPS Address with City and State
Initials:
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Last Will and Testament with Real Estate and Bequest (Married, Adult Children) - Affidavit Art.No. 19530
AFFIDAVIT State of County of
I,
, the Testator, sign my name to the attached or foregoing instrument this ("second") day of Month, Year, and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last Will and testament, and that I sign it willingly (or willingly direct another to sign for me) in the presence of the undersigned witnesses, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
Full name in ALL CAPS
We,
, , , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the Testator signs and executes this instrument as his/her last Will and that he/she signs it willingly (or willingly directs another to sign on his/her behalf), and that each of us, in the presence and hearing of the Testator, hereby signs this Will as witness to the Testator's signing, and that to the best of our knowledge the Testator is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
Witness Signature Witness Name: Witness Address:
Full name in ALL CAPS Full address
Witness Signature Witness Name: Witness Address:
Full name in ALL CAPS Full address
Witness Signature Witness Name: Witness Address:
Full name in ALL CAPS Full address
Sworn to before me this ______________ day of _______, 20______.
(signature and official seal) Notary Public
