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.



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                                              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 VI if using this clause]

                                         ARTICLE VI

        CONTINGENT - ALL REMAINING PROPERTY – RESIDUARY CLAUSE

In the event that my spouse shall predecease me, 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 child(ren) ___________________________
[Instruction: Insert the name of the Children]. 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 VII

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 __STATE__


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

[Instruction: Specify the Additional power 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 VIII

                                   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 person named herein is indebted to me at the time of my death and such
             indebtedness be evidenced 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: _____________________________[Instruction: Insert
             your instructions]


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



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                                         ARTICLE IX

                                      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 X

                                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 _________________ [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]



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 __STATE__
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 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.