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Last Will and Testament - Divorced and Not Remarried

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Last Will and Testament - Divorced and Not Remarried Powered By Docstoc
					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 who want to determine the manner in which
their assets are distributed upon death.
                                LAST WILL AND TESTAMENT OF

                          _______________________________________
                            [Instruction: Insert the name of Testator]

I, _______________________________________, [Instruction: Insert the name of testator] a
resident of __STATE__, 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, substitute, or successor shall hereafter also be
referred to as my “Executor”.

                                         ARTICLE III



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                                         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.

                                        ARTICLE VI

                                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


© Copyright 2013 Docstoc Inc.                                                       3
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 __STATE__ [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

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
Trus
				
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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 who want to determine the manner in which their assets are distributed upon death.