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Last Will and Testament - Divorced and Not Remarried with Adult and Minor Children

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					This Last Will and Testament may be used by an individual who is divorced and has not
remarried, 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 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

                           DIVORCE, MARRIAGE, AND CHILDREN

I am divorced from _______________________________________ [Instruction: Insert the
name of ex-spouse]. I have remarried or entered into a domestic partnership or civil union with
_______________________________________ [Instruction: Insert the name of your spouse]
and have the following children from our marriage:

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

[Instruction: Insert the name of your children and their respective date of birth]

My spouse was previously married and has his/her own children from a prior marriage:

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

[Instruction: Insert the name of children from spouse’s previous marriage(s) and their
respective date of birth]

I was previously married and have the following children from that marriage:

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

[Instruction: Insert the name of children from your previous marriage(s) and their
respective date of birth]

                                          ARTICLE II

                                 PERSONAL REPRESENTATIVE


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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

                                           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     : ________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________


© Copyright 2013 Docstoc Inc.                                                           3
______________________________________________________________________________
________________________________________________________________________

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, 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__ [STATU
				
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Description: This Last Will and Testament may be used by an individual who is divorced and has not remarried, 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 divorced individuals who want to determine the manner in which their assets are distributed upon death.