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Last Will and Testament of ___________________________________I, ________________________, resident in the City of ____________________,County of ____________________, State of ____________________, being of soundmind, not acting under duress or undue influence, and fully understanding the natureand extent of all my property and of this disposition thereof, do hereby make, publish,and declare this document to be my Last Will and Testament, and hereby revoke anyand all other wills and codicils heretofore made by me
I. EXPENSES & TAXESI direct that all my debts, and expenses of my last illness, funeral, and burial, be paid assoon after my death as may be reasonably convenient, and I hereby authorize myPersonal Representative, hereinafter appointed, to settle and discharge, in his or herabsolute discretion, any claims made against my estate
I further direct that my Personal Representative shall pay out of my estate any and allestate and inheritance taxes payable by reason of my death in respect of all itemsincluded in the computation of such taxes, whether passing under this Will or otherwise
Said taxes shall be paid by my Personal Representative as if such taxes were my debtswithout recovery of any part of such tax payments from anyone who receives any itemincluded in such computation
II. PERSONAL REPRESENTATIVEI nominate and appoint ________________________, of___________________________, County of ________________________, State of______________________________ as Personal Representative of my estate and Irequest that (he/she) be appointed temporary Personal Representative if (he/she)applies. If my Personal Representative fails or ceases to so serve, then I nominate_____________________________of __________________________, County of____________________________, State of ______________________ to serve
III. DISPOSITION OF PROPERTYI devise and bequeath my property, both real and personal and wherever situated, asfollows:1st Beneficiary_______________________ [full name], currently of _______________________[address], as my _______________________ [relation] whose last four (4) digits of theirSocial Security Number (SSN) are xxx-xx-_____ with the following property:______________________________________________________________________ 2nd Beneficiary_______________________ [full name], currently of _______________________[address], as my _______________________ [relation] whose last four (4) digits of theirSocial Security Number (SSN) are xxx-xx-_____ with the following property:______________________________________________________________________3rd Beneficiary_______________________ [full name], currently of _______________________[address], as my _______________________ [relation] whose last four (4) digits of theirSocial Security Number (SSN) are xxx-xx-_____ with the following property:______________________________________________________________________If any of my beneficiaries have pre-deceased me, then any property that they wouldhave received if they had not pre-deceased me shall be distributed in equal shares tothe remaining beneficiaries
If any of my property cannot be readily sold and distributed, then it may be donated toany charitable organization or organizations of my Personal Representative’s choice. Ifany property cannot be readily sold or donated, my Personal Representative may,without liability, dispose of such property as my Personal Representative may deemappropriate. I authorize my Personal Representative to pay as an administrationexpense of my estate the expense of selling, advertising for sale, packing, shipping,insuring and delivering such property
IV. OMISSIONExcept to the extent that I have included them in this Will, I have intentionally, and notas a result of any mistake or inadvertence, omitted in this Will to provide for any familymembers and/or issue of mine, if any, however defined by law, presently living orhereafter born or adopted
V. BONDNo bond shall be required of any fiduciary serving hereunder, whether or not specificallynamed in this Will, or if a bond is required by law, then no surety will be required onsuch bond
VI. DISCRETIONARY POWERS OF PERSONAL REPRESENTATIVEMy Personal Representative, shall have and may exercise the following discretionarypowers in addition to any common law or statutory powers without the necessity of courtlicense or approval:A. To retain for whatever period my Personal Representative deems advisable anyproperty, including property owned by me at my death, and to invest and reinvest in anyproperty, both real and personal, regardless of whether any particular investment wouldbe proper for a Personal Representative and regardless of the extent of diversificationof the assets held hereunder
B. To sell and to grant options to purchase all or any part of my estate, both realand personal, at any time, at public or private sale, for consideration, whether or not thehighest possible consideration, and upon terms, including credit, as my PersonalRepresentative deems advisable, and to execute, acknowledge, and deliver deeds orother instruments in connection therewith
C. To lease any real estate for terms and conditions as my Personal Representativedeems advisable, including the granting of options to renew, options to extend the termor terms, and options to purchase
D. To pay, compromise, settle or otherwise adjust any claims, including taxes,asserted in favor of or against me, my estate or my Personal Representative
E. To make any separation into shares in whole or in part in kind and at valuesdetermined by my Personal Representative, with or without regard to tax basis, and toallocate different kinds and disproportionate amounts of property and undividedinterests in property among the shares
F. To make such elections under the tax laws as my Personal Representative shalldeem appropriate, including elections with respect to qualified terminable interestproperty, exemptions and the use of deductions as income tax or estate tax deductions,and to determine whether to make any adjustments between income and principal onaccount of any election so made
G. To make any elections permitted under any pension, profit sharing, employeestock ownership or other benefit plan
H. To employ others in connection with the administration of my estate, includinglegal counsel, investment advisors, brokers, accountants and agents and to payreasonable compensation in addition to my Personal Representative’s compensation
I. To vote any shares of stock or other securities in person or by proxy; to assert orwaive any stockholder’s rights or privilege to subscribe for or otherwise acquireadditional stock; to deposit securities in any voting trust or with any committee
J. To borrow and to pledge or mortgage any property as collateral, and to makesecured or unsecured loans. My Personal Representative is specifically authorized tomake loans without interest to any beneficiary hereunder. No individual or entity loaningproperty to my Personal Representative or trustee shall be held to see to the applicationof such property
K. My Personal Representative shall also in his or her absolute discretion determinethe allocation of any GST exemption available to me at my death to property passingunder this Will or otherwise. The determination of my Personal Representative withrespect to any elections or allocation, if made or taken in good faith, shall be bindingupon all affected
VII. CONTESTING BENEFICIARYIf any beneficiary under this Will, or any trust herein mentioned, contests or attacks thisWill or any of its provisions, any share or interest in my estate given to that contesting beneficiary under this Will is revoked and shall be disposed of in the same mannerprovided herein as if that contesting beneficiary had predeceased me
VIII. GUARDIAN AD LITEM NOT REQUIREDI direct that the representation by a guardian ad litem of the interests of persons unborn,unascertained or legally incompetent to act in proceedings for the allowance ofaccounts hereunder be dispensed with to the extent permitted by law
IX. GENDERWhenever the context permits, the term “Personal Representative” shall include“Executor” and “Administrator,” the use of a particular gender shall include any othergender, and references to the singular or the plural shall be interchangeable. Allreferences to the Internal Revenue Code shall mean the Internal Revenue Code of1986 or any successor Code. All references to estate taxes shall include inheritanceand other death taxes
X. ASSIGNMENTThe interest of any beneficiary in this Will, shall not be alienable, assignable, attachable,transferable nor paid by way of anticipation, nor in compliance with any order,assignment or covenant and shall not be applied to, or held liable for, any of their debtsor obligations either in law or equity and shall not in any event pass to his, her, or theirassignee under any instrument or under any insolvency or bankruptcy law, and shall notbe subject to the interference or control of creditors, spouses or others
XI. GOVERNING LAWThis document shall be governed by the laws of the State of _____________________
XII. BINDING ARRANGEMENTAny decision by my Personal Representative with respect to any discretionary powerhereunder shall be final and binding on all persons interested. Unless due to myExecutor’s own willful default or gross negligence, no Executor shall be liable for saidExecutor’s acts or omissions or those of any co-Executor or prior Executor
I, the undersigned ________________________, do hereby declare that I sign andexecute this instrument as my last Will, that I sign it willingly in the presence of each ofthe undersigned witnesses, and that I execute it as my free and voluntary act for thepurposes herein expressed, on this ____ day of ________________, 20____
________________________________ ___________________________________Testator Signature Testator (Printed Name)The foregoing instrument, was on this ____ day of ________________, 20____,subscribed on each page and at the end thereof by ________________________, the above-named Testator, and by (him/her) signed, sealed, published and declared to be(his/her) LAST WILL AND TESTAMENT, in the presence of us and each of us, whothereupon, at (his/her) request, in (his/her) presence, and in the presence of each other,have hereunto subscribed our names as attesting witnesses thereto
________________________________ ___________________________________Witness Signature Address________________________________ ___________________________________Witness Signature Address TESTAMENTARY AFFIDAVITSTATE OF ____________________COUNTY OF __________________, SS
Before me, the undersigned authority, on this day personally appeared___________, testator, ____________________, witness and ___________________,witness, known to me to be the testator and the witnesses, respectively, whose namesare signed to the attached or foregoing instrument, and, all of these persons being byme duly sworn, the testator declared to me and to the witnesses in my presence that theinstrument is the testator’s last will and that the testator has willingly signed or directedanother to sign for him/her, and that the testator executed it as the testator’s free andvoluntary act for the purposes therein expressed; and each of the witnesses stated tome, in the presence of the testator, that they signed the will as witnesses and that to thebest of their knowledge the testator was eighteen (18) years of age or over, of soundmind and under no constraint or undue influence
______________________________ ______________________________Testator Signature Witness Signature ______________________________ Witness SignatureSubscribed and sworn to before me by the said testator and the said witnesses, this____ day of ________________, 20____
________________________________ Notary Public My Commission expires:
And declare this document to be my Last Will and Testament, and hereby revoke any and all other wills and codicils heretofore made by me. I. EXPENSES & TAXES I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my
Create a legally binding Last Will and Testament online. Try US Legal Forms completion services for your family protection, asset distribution, executor assigning, and more. ... A Last Will and Testament should be made by anyone 18 years or older to avoid disputes over their estate. If a person dies without a Will, the court and state laws will ...
What you should include in a last will and statement are:
A last will and testament also specifies the person responsible for executing the plan. In essence, a will lets you define your assets, name beneficiaries, including minor children, and appoint someone to oversee the distribution process to ensure its successful.
You can execute your Last Will and Testament by properly signing and witnessing it. If you do not properly execute your Last Will, a court may consider it invalid. However, even a valid Last Will can be disputed in court if someone, such as a beneficiary or executor, believes that it wasn’t properly executed.