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

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Last Will and Testament - Married, Domestic Partnership or Civil Union with Adult Children 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. 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 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 married to or have a domestic partnership or civil union with
_______________________________________ [Instruction: Insert the name of your spouse
or partner]. Further, I am a parent of the following adult 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 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


© Copyright 2013 Docstoc Inc.                                                        3
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

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

[Instruction: Specify the additional power(s) 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, 
				
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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. 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 individuals who want to determine the manner in which their assets are distributed upon death.