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LAST WILL AND TESTAMENT OF
_______________________(1)______________________
I,
_________________________________(2)________________________________,
of
_________________________________(3)________________________________
being of sound and disposing mind, do hereby make, publish and
declare the following to be my Last Will and Testament, revoking all
previous will and codicils made by me.
I
declare that I am married to
____________________(4)____________________, to which I have
referred to herein as my "spouse", and that I have __(5)__ children
now living whose names and birth dates are: (List Children's Names
and Birthdates)
I have
_(6)_ deceased children.
All
references to "my children" in this will include all of the
above-named children and also any child hereafter born or adopted by
me.
I
My
spouse and I are executing wills at approximately the same time in
which each is the primary beneficiary of the other. These wills are
not being made because of any contractual agreement between us, and
either will may at any time be revoked by either maker at the sole
discretion thereof.
II
I
appoint my spouse as personal representative of my will. If unable
or unwilling to act, or to continue to act, as executor of my will,
I then appoint __________(7)__________ as personal representative of
my will.
No
bond or other 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".
III
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 practical.
IV
I
give, devise and bequeath all of the rest, residue and remainder of
my estate, of whatever kind and character, and wherever located, to
my spouse, provided that my spouse survives me.
I make
no provision for my children, knowing that, as their parent, my
spouse will continue to be mindful of their needs and requirements.
V
If my
spouse does not survive me, then I give, devise and bequeath all of
the rest, residue and remainder of my estate, of whatever kind and
character, and wherever located, to my children per stirpes, and 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.
VI
My
executor shall have the following additional powers with respect to
my estate, to be exercised from time to time at my executor's
discretion without further license or order of any
court.
Business Interest
To
sell or otherwise liquidate, or to continue to operate my executor's
discretion, any corporation, partnership or other business interest
received by my estate.
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.
Retention of Assets
To
retain all property and securities of my estate for as long as my
executor deems advisable.
Management of Estate
To
invest, lease, rent, mortgage, insure, repair, improve or sell any
and all real and personal property belong to my estate as my
executor deems advisable.
Mortgages, Pledges and Deeds of Trust
To
enforce any and all mortgages, pledges and deeds of trust held by my
estate and to purchase at any sale thereunder any such real or
personal property subject to any mortgage, pledge or deed of trust.
Litigation
To
initiate or defend, at my executor's discretion, any litigation
affecting my estate.
Attorneys, Advisors and Agents
To
employ and to pay from my estate reasonable compensation to such
attorneys, accountants, brokers, and investment, tax and other
advisors as my executor shall deem advisable.
Adjustment of Claims
To
submit to arbitration, to compromise or to release or otherwise
adjust, with or without compensation, any and all claims affecting
the trust estate.
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.
VII
If any
person, whether or not related to me by blood or in any way, shall
attempt, either directly or indirectly, to set aside the probate of
my will or oppose any of the provisions hereof, and such person
shall establish a right to any portion of my estate, then I give and
bequeath the sum of one dollar ($1.00), only that, and no further
interest whatever in my estate to such person.
VIII
In the
event that any of my property, or all of it, 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.
IX
If any
portion of my will shall be held illegal, invalid or otherwise
inoperative, it is my intention that all of the other provisions
hereof shall continue to be fully effective and operative insofar as
is possible and reasonable.
IN
WITNESS WHEREOF, I have hereto set my hand and seal this _(8)_ day
of ______(9)_______, 19_(10)_.
____________(11)_______________
Signed, sealed, published and declared to be the Last Will and
Testament by ______(12)________ in the presence of all of us, who,
in the presence and at the request, and in the presence of each
other, have hereunto subscribed our names as witnesses:
WITNESS NAMES AND SIGNATURES WITNESS ADDRESS
Name:
___________(13)_____________ ___________(14)__________
Name:
___________(13)_____________
___________(14)__________
Name:
___________(13)_____________
___________(14)__________
NOTICE
The information in this document is designed to
provide an outline that you can follow when formulating business or
personal plans. Due to the variances of many local, city, county and
state laws, we recommend that you seek professional legal counseling
before entering into any contract or
agreement.
"When you let a problem gets to you, a look at
your face will reveal your frustration. Winning may not be
everything but it is certainly better than sex, better than alcohol,
better than drugs, better than any New Year celebration."
- Van Gogh
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