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Last Will and Testament - Widow with Minor Children

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Last Will and Testament - Widow with Minor Children Powered By Docstoc
					This Last Will and Testament may be used by an individual who is a widow with minor
children. It is intended to adequately provide for the appointment of a personal
representative who will administer the widow'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 widows 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 a widow of _______________________________________ [Instruction: Insert the name
of your deceased spouse]. I have not remarried or entered into a domestic partnership or civil
union. Further, I am a parent of the following minor 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


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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__ [STATUTE],
including the power to sell any of the real or personal property of the Trust for cash or on credit
or to mortgage it or to lease it, all to be exercised without Court order. The Trustee named herein
shall also have all powers as are granted to my Personal Representative under the provisions of
this Will during the administration of this private Trust.

                                          ARTICLE VI

            PROPERTY TO VEST IN TRUSTEE FOR MINOR BENEFICIARY

1. 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 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:

    a. 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 of my child(ren)
       in accordance with their accustomed standard of living as much as is possible;

    b. As each beneficiary herein attained the age of Twenty One (21), the Trustee shall
       distribute to said beneficiary his or her share of the trust principal and income as of the
       distribution date. When the youngest beneficiary reaches the age of Twenty One (21)
       years, the Trustee shall distribute all of the remaining Trust property including principal
       and accumulated income to the beneficiary and this Trust shall terminate. In making said
       distributions, the Trustee may make distributions in kind and shall have the sole
       discretion as to valuation of the Trust property in determining and apportioning
       distributions among the beneficiaries;

    c. In the event of the death of any of the above named beneficiaries prior to the final date of
       distribution, and said deceased beneficiary shall leave living issue, the Trustee shall hold
       only that portion of the Trust property attributable to said deceased beneficiary beyond
       the distribution dates as provided in Subparagraph (b) above, and administer said Trust
       property for the use and benefit of said living issue. When said youngest living issue
       reaches the age of Twenty One (21) years, the Trust as to said living issue shall terminate
       and the Trustee shall distribute all of the remaining Trust property in equal shares to said
       living issue. In the event of the death of any of the above named beneficiaries prior to the


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        final date of distribution and said deceased beneficiary leaves no living issue, then that
        portion of the Trust property to be distributed to the deceased beneficiaries as provided
        for in Subparagraph (b) above, shall instead be distributed to the surviving beneficiaries
        in equal shares;

    d. Personal and real property may be maintained for my beneficiaries or converted to cash
       as my Trustee shall determine. I direct that my Trustee administer hereunder any funds
       coming into the hands of my beneficiaries pursuant to any life insurance policy insuring
       my life;

        Other Condition: [Instruction: Insert the other term as necessary deem fit by the
        testator]
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________________________________
        ________________________________________________.

                                         ARTICLE VII

                                          GUARDIAN

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

                                        ARTICLE VIII

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__ 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]

______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________



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______________________________________________________________________________
_______________________________________________________________________.

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 IX

                                   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 beneficiary to this Will is indebted to me at the time of my death, and the
             beneficiary evidences this debt 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 the manner in which you desire your remains should be
                   created and ashes disposed]


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


                                          ARTICLE X

                                       CONSTRUCTION




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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 XI

                                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 construes 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 him/her to be his/her last Will. We, at the request and in the presence of him/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]



Signature of 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 a widow with minor children. It is intended to adequately provide for the appointment of a personal representative who will administer the widow'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 widows who want to determine the manner in which their assets are distributed upon death.