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California Last Will and Testament - Divorced and Not Remarried with Adult and Minor Children

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California Last Will and Testament - Divorced and Not Remarried with Adult and Minor Children Powered By Docstoc
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                             This Last Will and Testament may be used by an individual who is divorced and has not
                             remarried, with adult and minor children. It is intended to adequately provide for the
                             appointment of a personal representative who will administer the individual's last will and
                             testament and carry out its provisions. This document will make sure that the individual's
                             assets and property are distributed in the manner prescribed by the individual. It also
                             includes a testamentary trust that will provide for any minor beneficiaries until they reach
                             the age of twenty-one and appoints a guardian for the minor children. This document is a
                             useful estate planning tool for divorced individuals located in California who want to
                             determine the manner in which their assets are distributed upon death.
             ®




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                                           LAST WILL AND TESTAMENT OF

                                      _______________________________________
                                        [Instruction: Insert the name of Testator]

I, _______________________________________, [Instruction: Insert the name of testator] a resident of
California, under [STATUTE], being of legal age and sound and disposing mind and memory, and not being
actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be
my last will and testament (hereinafter the “Last Will and Testament” or the “Will”), hereby expressly
revoking all Wills and Codicils previously made by me.

                                                            ARTICLE I

                                               MARRIAGE AND CHILDREN

I am divorced from _______________________________________ [Instruction: Insert the name of ex-
spouse]. I am not married. Further, I am a parent of the following children:

[Instruction: Insert the Name of the Children and their respective Date of Birth]

Name: __________________________                        Date of Birth: __________________
Name: __________________________                        Date of Birth: __________________
Name: __________________________                        Date of Birth: __________________


                                                           ARTICLE II

                                             PERSONAL REPRESENTATIVE

I appoint ____________________________________ [Instruction: Insert the name of Personal
Representative] as Personal Representative of this my Last Will and Testament and provide that if this
Personal     Representative      is    unable     or     unwilling      to     serve,      then    I    appoint
____________________________________ [Instruction: Insert the name of alternate Personal
Representative] as alternate Personal Representative. My Personal Representative shall be authorized to
carry out all provisions of this Will and pay my just debts that may be probated, registered, and allowed
against my estate. However, this provision shall not extend the statute of limitations for the payment of debts,
or enlarge upon my legal obligation or any statutory duty of Personal Representative to pay debts and funeral
expenses.

No bond or security of any kind shall be required of any personal representative appointed in this Will.

My personal representative, whether original, substitutes, or successor shall hereafter also be referred to as
my “Executor”.




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                                                           ARTICLE III

                                                            BEQUESTS

I will, give, and bequeath unto the persons named below, if he or she survives me, the Property described
below: [Instruction: Specify the name of person’s and details of property you wish to give them in the
sections provided below]

Name         :_____________________________________
Address      :_____________________________________
Relationship :_____________________________________
Property     :           ________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________

Name         : _____________________________________
Address      : _____________________________________
Relationship : _____________________________________
Property     : ________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
___________________________________________________

Name         : _____________________________________
Address      : _____________________________________
Relationship : _____________________________________
Property     : ________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
____________________________________________________________

If a named beneficiary to this Will predeceases me, the bequest to such person shall lapse, and the property
shall pass under the other provisions of this Will. If I do not possess or own any property listed above on the
date of my death, the bequest of that property shall lapse.




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                                                           ARTICLE IV

                                           ALL PROPERTY OF EVERY KIND

I will, devise, bequeath and give all of my property and estate of every kind and character, including, but not
limited to, real and personal property in which I may have an interest at the date of my death and which is not
otherwise        effectively      disposed      of     (“Residuary        Estate”),    to       my     child(ren)
_____________________________________ [Instruction: Insert the name of child or children]. If any of
my children shall predecease me, then the equal share set apart for that deceased child shall instead be
distributed to his or her descendants, per stirpes. If one of my children shall predecease me leaving no
descendants surviving, then the equal share set apart for that deceased child shall instead be distributed to my
other child, or if that child has also predeceased me, then to his or her descendants, per stirpes.

                                                            ARTICLE V

                                              APPOINTMENT OF TRUSTEE

I appoint _____________________________ [Instruction: Insert the name of the Trustee], or if the
named Trustee is unable or unwilling to serve, I appoint _____________________________ [Instruction:
Insert the name of the Alternate Trustee], as Trustee of the Trust provisions of this Will to serve in said
capacity with all the powers during the administration of the Trust as are granted to Trustees under California
[STATUTE], including the power to sell any of the real or personal property of the Trust for cash or on credit
or to mortgage it or to lease it, all to be exercised without Court order. The Trustee named herein shall also
have all powers as are granted to my Personal Representative under the provisions of this Will during the
administration of this private Trust.

                                                           ARTICLE VI

                      PROPERTY TO VEST IN TRUSTEE FOR MINOR BENEFICIARY

1. If at the time of my death, any of my child(ren) are minors under the age of Eighteen (18) years of age,
   then I direct my Personal Representative to transfer, assign, and deliver all the assets that have passed
   under this Will to any minor child(ren) to my Trustee, named below. I direct my Trustee to hold said
   beneficiaries’ share of my estate on the following terms and conditions:

    a. The Trust property shall be held and administered by the Trustee, under the provision of this Will, in
       order to provide for health, education, and general welfare of my child(ren) in accordance with their
       accustomed standard of living as much as is possible;

    b. As each beneficiary herein reaches the age of Twenty One (21) years, the Trustee shall distribute to
       the said beneficiary his or her share of the Trust principal and income as of the distribution date.
       When the youngest beneficiary reaches the age of Twenty One (21) years, the Trustee shall distribute
       all of the remaining Trust property including principal and accumulated income to the beneficiary and
       this Trust shall terminate. In making said distributions, the Trustee may make distributions in kind
       and shall have the sole discretion as to valuation of the Trust property in determining and
       apportioning distributions among the beneficiaries;




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    c. In the event of the death of any of the above named beneficiaries prior to the final date of distribution,
       and said deceased beneficiary shall leave living issue, the Trustee shall hold only that portion of the
       Trust property attributable to said deceased beneficiary beyond the distribution dates as provided in
       Subparagraph (b) above, and administer said Trust property for the use and benefit of said living
       issue. When said youngest living issue reaches the age of Twenty One (21) years, the Trust as to said
       living issue shall terminate and the Trustee shall distribute all of the remaining Trust property in
       equal shares to said living issue. In the event of the death of any of the above named beneficiaries
       prior to the final date of distribution and said deceased beneficiaries leave no living issue, then that
       portion of the Trust property to be distributed to the deceased beneficiaries as provided for in
       Subparagraph b above, shall instead be distributed to the surviving beneficiaries in equal shares;

    d. Personal and real property may be maintained for my beneficiaries or converted to cash as my Trustee
       shall determine. I direct that my Trustee administer hereunder any funds coming into the hands of my
       beneficiaries pursuant to any life insurance policy insuring my life;

    e. Other Condition: [Instruction: Insert the other term as necessary deem fit by the testator]
       _________________________________________________________________________________
       _________________________________________________________________________________
       _________________________________________________________________________________
       _________________________________________________________________________________
       _________________________________________________________________________________
       ___________________________

                                                          ARTICLE VII

                                                            GUARDIAN

In the event I shall die as the sole parent                                of minor children, then I appoint
______________________________ [Instruction: Insert the                   Guardian Name] as Guardian of said minor
children. If this named Guardian is unable or                             unwilling to serve, then I appoint
___________________________ [Instruction: Insert the                      Alternate Guardian Name] as alternate
Guardian.

                                                          ARTICLE VIII

        ADDITIONAL POWERS OF THE PERSONAL REPRESENTATIVE AND EXECUTOR

My Personal Representative shall have the following additional powers with respect to my estate, to be
exercised from time to time at my Personal Representative's discretion without further license or order or any
Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by
Personal Representatives by the laws of the State of California and to the extent not prohibited by the laws of
California [STATUTE], the following additional powers: [Instruction: Specify the additional power(s) of
the Personal Representative]

_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________.


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All authorities and powers hereinabove granted unto my Personal Representative shall be exercised from
time to time in her or his sole and absolute discretion and without prior authority or approval of any Court,
and, I intend that, such powers be construed in the broadest possible extent.

                                                           ARTICLE IX

                                                  OPTIONAL PROVISIONS

I have placed my initials next to the provisions below that I adopt as part of this Will. Any unmarked
provision is not adopted by me and is not a part of this Will.


____________ If any beneficiary to this Will is indebted to me at the time of my death, and the
             beneficiary evidences this debt by a valid Promissory Note payable to me, then
             such person's portion of my estate shall be diminished by the amount of such
             debt


___________          Any and all debts of my estate shall first be paid from my Residuary Estate.
                     Any debts on any real property bequeathed in this Will shall be assumed by the
                     person to receive such real property and not paid by my Executor


____________ I direct that my remains be cremated and that the ashes be disposed of
             according to the wishes of my Executor


____________ I direct that my remains be cremated and that the ashes be disposed of in the
             following manner _________________________________________________
             [Instruction: Insert the manner in which you desire your remains should be
             created and ashes disposed]


____________ I desire to be buried in the _____________________________ [Instruction:
             Insert the Name of Cemetery] cemetery in __________________
             [Instruction: Insert the County] County, _____________ [Instruction: Insert
             the State]


                                                            ARTICLE X

                                                       CONSTRUCTION

The term “testator” as used in this Will is deemed to include me as Testator or Testatrix. The pronouns used
in this Will shall include, where appropriate, either gender or both, singular and plural.




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                                                           ARTICLE XI

                                            SEVERABILITY AND SURVIVAL

1. If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my intent that the
   remaining parts shall be effective and fully operative, and that any Court so interpreting this Will and any
   provision in it construe in favor of survival.

2. This Will is not a result of a contract between me and any beneficiary, fiduciary, or third party and I may
   revoke this Will at any time.

I, ___________________________________ [Instruction: Insert the Name of Testator], having signed
this Will in the presence of ____________________________ [Instruction: Insert the Name of First
Witness], and ________________________________ [Instruction: Insert the Name of Second Witness]
who attested it at my request on this the _____ day of _____________, 20_____ at
____________________________________ [Instruction: Insert the address where this Will is signed],
declare this to be my Last Will and Testament.

                                                                                 _____________________________

                                                                                 _____________________________

                                                                          [Instruction: Insert the Name of Testator]




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                                                           WITNESSES

The foregoing instrument, consisting of ________ [Instruction: Insert the total no of page] pages,
including this page, was signed in our presence by _______________________________________
[Instruction: Insert the name of Testator] and declared by _________________ [Choose the appropriate:
him or her] to be _________________ [Choose the appropriate: his or her] last Will. We, at the request
and in the presence of _________________ [Choose the appropriate: him or her] and in the presence of
each other, have subscribed our names below as witnesses. We declare that we are of sound mind and of the
proper age to witness a will that to the best of our knowledge the testator is of the age of majority, or is
otherwise legally competent to make a will, and appears of sound mind and under no undue influence or
constraint. Under penalty of perjury, we declare these statements are true and correct on this ________ day
of                       ____________________,                            20______                        at
_____________________________________________________________ [Instruction: Insert the
address where this Will is signed].



______________________________                                   ______________________________

         [Signature of Witness 1]                                         [Signature of Witness 2]

______________________________                                   ______________________________

[Printed or typed name of Witness 1]                             [Printed or typed name of Witness 2]

______________________________                                   ______________________________

______________________________                                   ______________________________

         [Address of Witness 1]                                           [Address of Witness 2]



Signed by Testator _________________________________



[Instruction: It is to be noted that this Will must be signed in the presence of two witnesses, not related
to you or named in your Will. A state specific self-proving affidavit is also included and requires the
presence of a notary public to sign the Will.]




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                                               SELF-PROVING AFFIDAVIT

State of California
County of __________________

We,                         ___________________________________________________________________,
___________________________________________________________________,
___________________________________________________________________,                                          and
___________________________________________________________________, the testator and the
witnesses respectively, whose names are signed to the attached instrument in those capacities, personally
appearing before the undersigned authority and first being duly sworn, do hereby declare to the undersigned
authority under penalty of perjury that the testator declared, signed, and executed the instrument as his/her
last will; he/she signed it willingly or willingly directed another to sign for him/her; he/she executed it as
his/her free and voluntary act for the purposes therein expressed; and each of the witnesses, at the request of
the testator, in his or her hearing and presence, and in the presence of each other, signed the will as witness
and that to the best of his or her knowledge the testator was at that time eighteen (18) years of age or older, of
sound mind and under no constraint or undue influence.



_______________________________________ [Signature of Testator]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]



_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]



_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]


Subscribed, sworn, and acknowledged before me,
______________________________________________________, a notary public, by
______________________________________________________, the testator, and by
______________________________________________________, and
______________________________________________________, the witnesses, this ______________ day
of ___________________________, 20_____.



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[NOTARIAL SEAL]


______________________________________________________
Notary Public's Signature

My Commission Expires: _______________________________




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Description: This Last Will and Testament may be used by an individual who is divorced and has not remarried, with adult and minor children. It is intended to adequately provide for the appointment of a personal representative who will administer the individual's last will and testament and carry out its provisions. This document will make sure that the individual's assets and property are distributed in the manner prescribed by the individual. It also includes a testamentary trust that will provide for any minor beneficiaries until they reach the age of twenty-one and appoints a guardian for the minor children. This document is a useful estate planning tool for divorced individuals located in California who want to determine the manner in which their assets are distributed upon death.
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