Montana Last Will and Testament - Married, Domestic Partnership or Civil Union with No Children

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Montana Last Will and Testament - Married, Domestic Partnership or Civil Union with No Children 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 no 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. This
                             document is a useful estate planning tool for individuals located in Montana 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 Montana 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, hereby expressly revoking all Wills and
Codicils previously made by me.

                                            ARTICLE I

                                 MARRIAGE AND CHILDREN

I am married to or have a domestic partnership or civil union with
_______________________________________ [Instruction: Insert the name of your spouse
or domestic partner]. I have no children.

                                           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 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, substitute, 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 person’s and details of property you wish
to give them]




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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.

                                           ARTICLE IV

                         PRIMARY RESIDENCE OR HOMESTEAD

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
__________________________ [Instruction: Insert the name of the person(s) who is/are to
receive primary residence or homestead]. If I name more than one person, they are to receive
the property ____________ [Choose the appropriate: equally or per stirpes]

                                           ARTICLE V

                 ALL REMAINING PROPERTY – RESIDUARY CLAUSE

I direct that my residuary estate be distributed in ____________________________ [Choose the
appropriate       [equally,    per     stirpes,    or    equally  and   the   survivor]   to



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__________________________ [Instruction: Insert the name of person(s) who is/are to
receive all other property].

                                           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 Montana and
to the extent not prohibited by the laws of Montana [STATUTE], the following additional
powers:

[Instruction: Specify the additional powers 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.


____________ 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



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                  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 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.

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 _________________ [Instruction: Choose the appropriate: him or her] to be
_________________ [Instruction: Choose the appropriate: his or her] last Will. We, at the
request and in the presence of _________________ [Instruction: 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 Montana
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 married or in a domestic partnership or civil union, with no 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. This document is a useful estate planning tool for individuals located in Montana who want to determine the manner in which their assets are distributed upon death.
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