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Last Will and Testament Legal Document Form
Last Will and Testament Of
____________(1)____________
I, ________(2)__________, of _____________(3)_______________ being
of sound and disposing mind, do hereby make, publish and declare
the following to be my Last Will and Testament, revoking all previous
will and codicils made by me.
I declare that I am married to _________(4)_________, to which
I have referred to herein as my "spouse", and that I have
__(5)__ children now living whose names and birth dates are: (List
Children's Names and Birthdates)
I have _(6)_ deceased children.
All references to "my children" in this will include
all of the above-named children and also any child hereafter born
or adopted by me.
I
My spouse and I are executing wills at approximately the same time
in which each is the primary beneficiary of the other. These wills
are not being made because of any contractual agreement between
us, and either will may at any time be revoked by either maker at
the sole discretion thereof.
II
I appoint my spouse as personal representative of my will. If unable
or unwilling to act, or to continue to act, as executor of my will,
I then appoint ___________(7)___________ as personal representative
of my will.
No bond or other security of any kind shall be required of any
personal representative appointed in this will.
My personal representative, whether original, substitute or successor,
shall hereafter also be referred to as my "executor".
III
I direct that my executor pay all of my funeral expenses, all state
and federal estate, inheritance and succession taxes, administration
costs and all of my debts subject to statute of limitations, except
mortgage notes secured by real estate, as soon as practical.
IV
I give, devise and bequeath all of the rest, residue and remainder
of my estate, of whatever kind and character, and wherever located,
to my spouse, provided that my spouse survives me.
I make no provision for my children, knowing that, as their parent,
my spouse will continue to be mindful of their needs and requirements.
V
If my spouse does not survive me, then I give, devise and bequeath
all of the rest, residue and remainder of my estate, of whatever
kind and character, and wherever located, to my children per stirpes,
and I direct that the share of any child of mine who shall have
died leaving no issue shall be divided among my surviving children
in equal shares per stirpes.
VI
My executor shall have the following additional powers with respect
to my estate, to be exercised from time to time at my executor's
discretion without further license or order of any court.
Business Interest
To sell or otherwise liquidate, or to continue to operate my executor's
discretion, any corporation, partnership or other business interest
received by my estate.
Property of My Estate
To retain any and all property and securities of my estate in the
name of my executor as executor or in my executor's own name.
Retention of Assets
To retain all property and securities of my estate for as long
as my executor deems advisable.
Management of Estate
To invest, lease, rent, mortgage, insure, repair, improve or sell
any and all real and personal property belong to my estate as my
executor deems advisable.
Mortgages, Pledges and Deeds of Trust
To enforce any and all mortgages, pledges and deeds of trust held
by my estate and to purchase at any sale thereunder any such real
or personal property subject to any mortgage, pledge or deed of
trust.
Litigation
To initiate or defend, at my executor's discretion, any litigation
affecting my estate.
Attorneys, Advisors and Agents
To employ and to pay from my estate reasonable compensation to
such attorneys, accountants, brokers, and investment, tax and other
advisors as my executor shall deem advisable.
Adjustment of Claims
To submit to arbitration, to compromise or to release or otherwise
adjust, with or without compensation, any and all claims affecting
the trust estate.
Distribution of My Estate
In distributing my estate, to make said distribution wholly or
partly in kind by transferring or allotting such real or personal
property or undivided interest therein.
VII
If any person, whether or not related to me by blood or in any
way, shall attempt, either directly or indirectly, to set aside
the probate of my will or oppose any of the provisions hereof, and
such person shall establish a right to any portion of my estate,
then I give and bequeath the sum of one dollar ($1.00), only that,
and no further interest whatever in my estate to such person.
VIII
In the event that any of my property, or all of it, at the time
of my death is community property under the laws of any jurisdiction,
then my will shall be construed as referring only to my community-property
interest therein.
IX
If any portion of my will shall be held illegal, invalid or otherwise
inoperative, it is my intention that all of the other provisions
hereof shall continue to be fully effective and operative insofar
as is possible and reasonable.
IN WITNESS WHEREOF, I have hereto set my hand and seal this _(8)_
day of ______(9)_______, 19_(10)_.
____________(11)_______________
Signed, sealed, published and declared to be the Last Will and
Testament by ______(12)________ in the presence of all of us, who,
in the presence and at the request, and in the presence of each
other, have hereunto subscribed our names as witnesses:
WITNESS NAMES AND SIGNATURES WITNESS ADDRESS
___________(13)_____________ ___________(14)__________ Name:
___________(13)_____________ ___________(14)__________ Name:
___________(13)_____________ ___________(14)__________
NOTICE
The information in this document is designed to provide an outline
that you can follow when formulating business or personal plans.
Due to the variances of many local, city, county and state laws,
we recommend that you seek professional legal counseling before
entering into any contract or agreement.
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