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Last Will and Testament - Single with Minor and Adult Children

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Last Will and Testament - Single with Minor and Adult Children Powered By Docstoc
					This Last Will and Testament may be used by an individual who is single 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 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 single (not married). I am a parent of the following children:

[Instruction: Insert the name(s) of the Child(ren) 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 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

                                          GUARDIAN


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In the event I shall die as the sole parent of minor children, then I appoint
______________________________ [Instruction: Insert the name of the Guardian] as
Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I
appoint ___________________________ [Instruction: Insert the name of the alternate
Guardian] as alternate Guardian.

                                        ARTICLE IV

                                         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 people 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 be
distributed with residuary clause.

                                        ARTICLE V

                           PRIMARY RESIDENCE OR HOMESTEAD



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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 receives primary residence or homestead] If I have and name more than
one child, they are to receive the property ______________ [Instruction: Choose the
appropriate: equally, per stirpes, or equally and the survivor].

                                          ARTICLE VI

                  ALL REMAINING PROPERTY – RESIDUARY CLAUSE

I direct that my residuary estate be distributed in ____________________________
[Instruction: Choose the appropriate: equally, per stirpes, or equally and the survivor] to
__________________________ [Instruction: Insert the name of child (ren) who receives all
other left over property].

                                          ARTICLE VII

            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 that 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
Trustee to hold said Beneficiaries’ share of my estate on the following terms and conditions:

1. The Trust property shall be held and administered by the Trustee, under the provision of this
   Will, in order to provide for health, education, and general welfare in accordance with their
   accustomed standard of livi
				
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Description: This Last Will and Testament may be used by an individual who is single 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 individuals who want to determine the manner in which their assets are distributed upon death.