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

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Last Will and Testament - Married, Domestic Partnership or Civil Union with Adult Children from Prior Marriage Powered By Docstoc
					This Last Will and Testament may be used by an individual who is married or in a
domestic partnership or civil union, with adult 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 to his
or her spouse/partner and children in the manner prescribed by the individual. This
document is a useful estate planning tool for 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 __STATE__ [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 married to or have a domestic partnership or civil union with
________________________________ [Instruction: Insert the name of spouse / partner], and
have the following adult children from a prior marriage:

[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
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 specific property that will go to a specific person]

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.

                                        ARTICLE IV

                           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,      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.



© Copyright 2013 Docstoc Inc.                                                       3
                                              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 V

                  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
				
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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 adult 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 to his or her spouse/partner and children in the manner prescribed by the individual. This document is a useful estate planning tool for individuals who want to determine the manner in which their assets are distributed upon death.