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Simple non tax sensitive will allowing for devises to wife and then to children.
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Word Document
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65 kb
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15
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338
Posted:
07/15/09
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DocStore > Legal Forms > Family
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trust, trusts, child trusts, will child trusts

Simple Non Tax Sensitive Will with Child Trusts

WILL OF ___________ I, ______________, declare this to be my last will and testament (my “Will”): ARTICLE I. INTRODUCTION A. Revocation of Prior Wills I revoke all of my prior Wills and Codicils. B. Declaration Regarding Relatives I am married to ______________ ("my wife"). We have two children: __________________ and __________________. Such children and any child of mine born or legally adopted after the date of this Will are called "my children." C. Disposition I intend by this will to dispose of all property which I may be entitled to dispose of by Will, including all of my separate property, if any, and my share of the community property of my wife and myself. Except as otherwise expressly provided, I do not intend to exercise any power of appointment which may be vested in me at the time of my death. In addition, I have not entered into a contract to make a Will nor a contract to refrain from revoking my Will. I have intentionally omitted to provide for any of my heirs not specifically mentioned in this Will or in any Codicil to it. ARTICLE II. SPECIFIC BEQUESTS A. Tangible Personal Property I give all automobiles, works of art, household furniture and furnishings, household equipment and appliances, silverware, jewelry, clothing and personal effects ("Tangible Personal Property") to my wife. If my wife shall predecease me, I give such property in equal shares to my children living on the date of my death. If any child shall be a minor at the time of distribution of such property, the minor's share of such property shall be distributed for his or her account to the guardian of his or her person or to the other adult with whom such minor shall reside. B. Failure to Survive - Bequests Lapse If any person named or described in this Article shall predecease me, all bequests to or for the benefit of such person shall lapse and all property so bequeathed shall be disposed of as part of the residue of my estate, except to the extent expressly provided to the contrary in this Will. ARTICLE III. DISPOSITION OF RESIDUARY ESTATE I give the residue of my estate, real and personal, wherever situated, including all failed and lapsed gifts, to my wife. If my wife shall predecease me, I give such residue, called the "trust estate," to the Trustees, in trust, to manage and distribute as hereinafter provided. A. Division of Trust Estate Into Separate Trusts [Option: separate trust established for each kid. Upon the entry of any decree of distribution establishing the trusts created in this Article, the Trustees shall divide the trust estate into separate, equal trusts as follows: () One trust for each child of mine living at the time of my death, to be managed and distributed as hereinafter provided. () One trust collectively for the then living issue of each deceased child, which trust shall be distributed to such issue, upon the principle of representation. [OR] A. Distribution of Trust Estate [Option: Family "pot trust" for kids - - property kept together in one trust until a certain time when it is then divided into separate trusts for each kid] () Upon the entry of any decree of distribution establishing the trust estate, income from the trust estate shall be added to and become principal, and the Trustees shall pay to or apply for the benefit of my issue living from time to time, or any one or more of them, such sums and in such proportion as the Trustees, in their discretion, determine to be necessary from time to time for their respective support, health or education. In no event shall the Trustees be subject to any obligation, liability or surcharge on account of making distributions from the trust estate to differing beneficiaries in differing amounts, or for the extent to which or the manner in which any such action was taken in good faith. Any payment or application of benefits pursuant to this paragraph shall be charged against the trust estate as a whole rather than against the ultimate share of a beneficiary to whom or for whose benefit the distribution is made. [THEN] () When all of my children shall attain the age of _____________ years or shall die, the trust estate shall be distributed to my then living issue, upon the principle of representation. [OR] () When all of my children shall attain the age of _____________ years or shall die, the trust estate shall be divided into separate, equal trusts as follows: One trust for each then living child of mine, and one trust collectively for the then living issue of each deceased child. B. Distribution of Child's Trust () The net income of a child's trust shall be distributed to or applied of the benefit of the child in monthly or other convenient installments. [OR] () Income of a child's trust shall be added to and become principal, and the Trustees shall distribute to or apply for the benefit of the child such sums as the Trustees, in their discretion, determine to be necessary from time to time for the child's support, health or education, until the child shall attain the age of ____________ years. From and after such time as the child shall attain the age of _____________ years, the net income of the trust shall be distributed or applied for the benefit of the child in monthly or other convenient installments. [AND] () [Option] One-half of the trust shall be distributed to the child when the child shall attain the age of __________ years, and the remainder thereof shall be distributed to the child when the child shall attain the age of _____________ years. [OR] () [Option] One-third of