Nebraska Last Will and Testament - Single with Minor and Adult Children

Document Sample
Nebraska Last Will and Testament - Single with Minor and Adult Children Powered By Docstoc
					Docstoc Legal Agreements




                             This Last Will and Testament may be used by an individual who is single 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 individuals located in Nebraska who want to determine the manner in which their assets
                             are distributed upon death.
             ®




                           DISCLAIMERS: ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR
                           OTHERWISE, INCLUDING AS TO THEIR LEGAL EFFECT AND COMPLETENESS. They are for gen eral guidance and should be modified by you or your
                           attorney to meet your specific needs and the laws of your state. Use at your own risk. Docstoc, its employees or contractors who wrote or modified any
                           form, are NOT providing legal or any other kind of advice and are not creating or entering into an Attorney-Client relationship. The information and forms
                           are not a substitute for the advice of your own attorney. Use of this document and our service are deemed to be your acknowledgement and agreement to
                           the following: The disclaimers and links on this page and the back page(s); our Terms of Service (http://www.docstoc.com/popterm.aspx?page_id=15), and
                           read more here (http://www.docstoc.com/popterm.aspx?page_id=114) for additional disclaimers and more. You also agree that if you are not the person
                           using the document and services that you will provide such person(s) who will be with these front and back disclaimer pages. This document is not
                           approved, endorsed by, or affiliated with any State, or go vernmental or licensing entity.
                           Entire document copyright © Docstoc®, Inc., 2010 - 2013. All Rights Reserved
                             LAST WILL AND TESTAMENT OF

                         _______________________________________
                           [Instruction: Insert the name of Testator]

I, _______________________________________, [Instruction: Insert the name of testator] a
resident of Nebraska, under Nebraska [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 single (not married). I am a parent of the following children:

[Instruction: Insert the name(s) of the Child(ren) 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 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”.




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not               2
                                           ARTICLE III

                                            GUARDIAN

In the event I shall die as the sole parent of minor children, then I appoint
______________________________ [Instruction: Insert the name of the Guardian] as
Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I
appoint ___________________________ [Instruction: Insert the name of the alternate
Guardian] 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 name of people 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 be
distributed with residuary clause.



© Copyright 2011 Docstoc Inc. registered document proprietary, copy not             3
                                           ARTICLE V

                         PRIMARY RESIDENCE OR HOMESTEAD

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 receives primary residence or homestead] If I have and name more than
one child, they are to receive the property ______________ [Instruction: Choose the
appropriate: equally, per stirpes, or equally and the survivor].

                                           ARTICLE VI

                 ALL REMAINING PROPERTY – RESIDUARY CLAUSE

I direct that my residuary estate be distributed in ____________________________
[Instruction: Choose the appropriate: equally, per stirpes, or equally and the survivor] to
__________________________ [Instruction: Insert the name of child (ren) who receives all
other left over property].

                                          ARTICLE VII

            PROPERTY TO VEST IN TRUSTEE FOR MINOR BENEFICIARY

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 that 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:

1. 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.

2. As each Beneficiary herein reaches the age of Twenty One (21) 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 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.

3. 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 2 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


© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                  4
   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 Beneficiary leaves no living issue, then that portion of the
   Trust property to be distributed to the deceased Beneficiaries as provided for in
   Subparagraph 2 above, shall instead be distributed to the surviving Beneficiaries in equal
   shares.

4. 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.

5. Other Condition:

   [Instruction: Insert any other term or condition desired by the Testator]
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________________________________________________________.

                                          ARTICLE VIII

                                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 Nebraska [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 IX

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 of 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 Nebraska and
to the extent not prohibited by the laws of Nebraska [STATUTE], the following additional
powers: [Instruction: Specify the additional power(s) of the Personal Representative]



© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                 5
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
_________________________________________________________________________.

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 X

                                   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


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




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not               6
                                           ARTICLE XI

                                        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 XII

                              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]




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not              7
                                           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]



Signature of 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.]




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                   8
                                 SELF-PROVING AFFIDAVIT

State of Nebraska
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_____.




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not                 9
[NOTARIAL SEAL]


______________________________________________________
Notary Public's Signature



My Commission Expires: _______________________________




© Copyright 2011 Docstoc Inc. registered document proprietary, copy not   10

				
DOCUMENT INFO
Shared By:
Tags:
Stats:
views:17
posted:12/21/2011
language:English
pages:11
Description: This Last Will and Testament may be used by an individual who is single 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 individuals located in Nebraska who want to determine the manner in which their assets are distributed upon death.
Customize This Document Instantly download your personalized document Guided Fill-in-the-Blank Process