Minnesota Last Will and Testament - Married, Domestic Partnership or Civil Union with Children from Prior Marriage

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Minnesota Last Will and Testament - Married, Domestic Partnership or Civil Union with Children from Prior Marriage Powered By Docstoc
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                             This Last Will and Testament may be used by an individual who is married or in a domestic
                             partnership or civil union, with children from a prior marriage. 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 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     married     to,    or     in   a    domestic    partnership    or   civil   union   with
________________________________ [Instruction: Insert the name of your spouse /
partner], and have the following children from one or more prior marriages:
[Instruction: Insert the Name of the Children and DOB]


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




                                              ARTICLE II
                                   PERSONAL REPRESENTATIVE
I hereby appoint ___________________________________ [Instruction: Insert the Name of
Personal Representative] as Personal Representative of this my Last Will and Testament, and,
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



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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, substitute or successor shall hereafter also be
referred to as my “Executor”.


                                           ARTICLE III
                                            GUARDIAN
In the event that a guardian is necessary for any of my children that may be minors under the age
of __________________ [Instruction: Insert the age below which you desire a guardian be
appointed for your children] years, then on the date of my death, 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 IV
                                            BEQUESTS
I will, give, and bequeath unto the persons named below, if he or she survives me, the Property
described below: [Instruction: Specify the specific property that will go to a specific person]
Name           : _____________________________________
Address        : _____________________________________
Relationship : _____________________________________


Property       : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.



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Name           : _____________________________________
Address        : _____________________________________
Relationship : _____________________________________
Property       : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.


Name           : _____________________________________
Address        : _____________________________________
Relationship : _____________________________________
Property       : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
________________________________________________________________________.


If a named beneficiary to this Will predeceases me, the bequest to such person shall be
distributed pursuant to the residuary clause, below.


                                           ARTICLE V
                         PRIMARY RESIDENCE OR HOMESTEAD
[Instruction: Choose any one clause below]
I will, devise and bequeath all my interest in my primary residence or homestead, if I own a
primary residence or homestead on the date of my death that passes through this Will, to my
______________        [Choose      the     appropriate       [wife,       husband   or       partner],
_____________________________ [Instruction: Insert the name], if he or she survives me. If
he or she does not survive me, then my primary residence or homestead shall pass under the
residuary clause of this Will.



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                                                  Or


I will, devise and bequeath all my interest in my homestead or primary residence, if I own a
homestead or primary residence on the date of my death that passes through this Will, to my
child (ren), ___________________________________________ [Instruction: Insert the name
of child (ren) who receive primary residence or homestead] If I have and name more than one
child, they are to receive the property ______________ [Choose the appropriate [equally, per
stirpes, or equally and the survivor].


                                            ARTICLE VI
                 ALL REMAINING PROPERTY – RESIDUARY CLAUSE
[Instruction: Choose any one clause below]
I will, devise, bequeath and give all the rest and remainder 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, to my
_________________         [Choose     the    appropriate      [wife,      husband   or       partner],
_______________________ [Instruction: Insert the name].


                                                  Or


I direct that my residuary estate be distributed in ____________________________ [Choose the
appropriate      [equally,     per     stirpes,    or    equally       and    the   survivor]       to
__________________________ [Instruction: Insert the name of child (ren) who receives all
other property]. [Instruction: Please remove the article VII if using this clause]




                                            ARTICLE VII
       CONTINGENT - ALL REMAINING PROPERTY – RESIDUARY CLAUSE
In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and
remainder 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



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not otherwise effectively disposed of, to my child (ren) ___________________________
[Instruction: Insert the name of the Children]. If I have and name more than one child, they
are to receive the property _________________________ [Choose the appropriate [equally,
per stirpes, or equally and the survivor]


                                          ARTICLE VIII
            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, 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 in accordance with
       their accustomed standard of living as much as is possible


   b. As each beneficiary herein reaches the age of Eighteen (18) years, the Trustee shall
       distribute to 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 Eighteen (18) 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.


   c. In the event of the death of any of the above named beneficiary 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



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        property for the use and benefit of said living issue. When said youngest living issue
        reaches the age of Eighteen (18) 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.


     2. Other Condition: [Instruction: Insert the other term as necessary deem fit by the
        testator]
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ______________________________________________________________________.




                                           ARTICLE IX
                                  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 Statues, Chapter 529,



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Section 7, 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 X
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 approval of any Court. 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 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 XI
                                   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.



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____________ If any person named herein is indebted to me at the time of my death and such
                  indebtedness be evidenced 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 the ashes must be 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 XII
                                        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 XIII
                               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 _____ 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 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 ________ 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]




[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 married or in a domestic partnership or civil union, with children from a prior marriage. 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 individuals located in Minnesota who want to determine the manner in which their assets are distributed upon death.
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