Minnesota Last Will and Testament - Divorced and Not Remarried

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Minnesota Last Will and Testament - Divorced and Not Remarried 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. 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. This document is a useful estate
                             planning tool for divorced individuals located in Minnesota 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]
resident of Minnesota under Minnesota Statues, Chapter 524-532- Estates of Descendents,
Guardianship, Article 2, Section 501, 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, 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 Dates 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.



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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”.


                                                 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 persons 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         : ________________________________________________________________
______________________________________________________________________________

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______________________________________________________________________________
______________________________________________________________________________
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.


                                                 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(ren), or if said child(ren)
has/have 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 Minnesota law 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.




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                                                 ARTICLE VI
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 Minnesota
and to the extent not prohibited by the laws of Minnesota Statues, Chapter 524-532- Estates of
Descendents, Guardianship, Article 3, Section 711, the following additional powers:
[Instruction: Specify the additional power(s) of the Personal Representative]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________________________________________________________.
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 VII
                                        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. [Instruction: Insert
initials next to any and all additional provisions you wish to adopt. Place a line through
those provisions which you do not wish to adopt]


____________ 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.




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___________         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 to be
                    cremated and ashes disposed]


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


                                                ARTICLE VIII
                                              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.


                                                 ARTICLE IX
                                   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.




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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 _____[date] day
of _____________ [month], 20_____ [year] 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 number of
pages]      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 _____[date] day of _____________ [month], 20_____
[year] [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


THE STATE OF MINNESOTA


COUNTY OF ____________



We, __________, __________, and __________, the testator and the witnesses, respectively,
whose names are signed to the attached or foregoing instrument, being first duly sworn, do
hereby declare to the undersigned authority that the testator signed and executed the instrument
as the testator's will and that the testator had signed willingly (or willingly directed another to
sign for the testator), and that the testator executed it as the testator's free and voluntary act for
the purposes expressed in the will, and that each of the witnesses, in the presence and hearing of
the testator, signed the will as witness and that to the best of the witnesses' knowledge the
testator was at that time eighteen years of age or older, of sound mind, and under no constraint or
undue influence.

______________________________ [Signature of Testator]

______________________________ [Printed or typed name of Testator]

______________________________ [Signature of Witness 1]

______________________________ [Printed or typed name of Witness 1]

______________________________ [Signature of Witness 2]

______________________________ [Printed or typed name of Witness 2]



Subscribed, sworn to and acknowledged before me by __________ , the testator, and subscribed
and sworn to before me by __________, and ________, witnesses, this
________ day of ________.

(Seal)

______________________________ (Notary Public's Signature)

______________________________ (Official capacity of officer)




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Description: This Last Will and Testament may be used by an individual who is divorced and has not remarried. 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. This document is a useful estate planning tool for divorced individuals located in Minnesota who want to determine the manner in which their assets are distributed upon death.
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