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Small
Business Home >> Useful
Standard Legal Documents >>
Last Will and Testament Legal Document
Form
An estate planning legal document used to certify your 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.
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.
If this document is of use
to you, please provide a link back to Hoover Web Design.
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