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This Last Will and Testament sets forth how a married person wants their estate handled upon their death. It has been drafted for a married person with children from a previous marriage, the spouse having children from a previous marriage, and children from testators current marriage.
Last Will and Testament of _______________________ [Comment: enter full name of testator] I, ______________________ [Comment: insert name], of ______________________________ [Comment: insert address], a resident of the State of _______________________, being of sound and disposing mind and memory and over the age of eighteen (18) years or lawfully married or having been lawfully married or a member of the armed forces of the United States or a member of an auxiliary of the armed forces of the United States or a member of the maritime service of the United States, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me. I am married to _______________, and all references in this Will to my _____________ [husband or wife] are referenced to ________________ [Comment: insert name of spouse]. I have the following children: Name: _______________________ Date of Birth: ________________________ Name: _______________________ Date of Birth: ________________________ Name: _______________________ Date of Birth: ________________________ Name: _______________________ Date of Birth: ________________________ _________________ [Comment: insert name of child] is from a previous marriage to ___________ dissolved on ___________ [Comment: insert date]. _________________ [Comment: insert name of child] is my step-child, from my spouses’ previous marriage to _______________, dissolved on _________________ [Comment: insert date]. 1. My spouse and I have ____ child/children together: _____________________ [Comment: insert name of child]. 2. I appoint my spouse as the executor of my will. If they are unable or unwilling to act as such, I appoint _________________as my executor. No bond or other security of any kind shall be required of any personal representative appointed in this will. My executor, whether my spouse, substitute or successor shall hereafter also be referred to as “Executor”. 3. I direct that my Executor pay all of my funeral expenses, all state and federal estate, inheritance and succession taxes, administration costs and all of my debts subject to statute of limitations, except mortgage notes secured by real estate, as soon as possible 4. I give, devise and bequeath all of the rest, residue and remainder of my estate, of whatever nature to my spouse, if my spouse survives me. I make no provision for my children, knowing that as their parent or step-parent, my spouse will continue to be mindful of their needs and requirements. 5. In the event that any of the property at the time of my death is community property under the laws of any jurisdiction, then my will shall be construed as referring only to my community- property interest therein. 6. If my spouse does not survive me, then I give, devise and bequeath all the rest, residue and remainder of my estate, of whatever nature to all my children per stirpes. All children shall be treated equally regardless if they are from my previous marriage, my step-children or children from my spouse and me, and are referred to hereinafter as my children. I direct that the share of any child of mine who shall have died leaving no issue shall be divided among my surviving children in equal shares per stirpes. [Comment: user may adjust the language of this section according to Grantor’s wishes] 7. My Executor shall have the following powers with regard to my estate, to be exercised at my Executor's discretion without further license or order of any court. A. Distribution of My Estate - In distributing my estate, to make said distribution wholly or partly in kind by transferring or allotting such real or personal property or undivided interest therein. B. Retention of Assets - To retain all property and securities of my estate for as long as my Executor deems advisable. C. Property of My Estate - To retain any and all property and securities of my estate in the name of my Executor as executor or in my Executor's own name. D. Management of Estate - To invest, lease, rent, mortgage, insure, repair, improve or sell any and all re
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