Wills for Married Couples with Minor Children

for Your State
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This attorney-prepared kit is specifically designed for use by a husband and wife when they are drafting mutual wills. This Kit contains two wills for use by a couples with minor children.

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This Will with Trust is for use by a married person (husband or wife) with minor children and includes a self-proved affidavit. It distributes the assets of the Testator (i.e. person making the Will) to the spouse if he/she survives the Testator, otherwise the assets will go to the children. If the children are minors at the time of the Testator's death and the spouse has pre-deceased the Testator, the Will allows the appointment of a Guardian for any minor child(ren) and a Trustee to administer the minor children's assets. The Will also creates a Trust for any minor child(ren). The Will also allows the Testator to make specific gifts to others as well. This Will is suitable for estates worth less than $1,000,000.

This attorney-prepared packet contains:
  1. Checklist and Instruction for Will - Married Person with Minor Children
  2. Information about Wills
  3. Will - Married Person with Minor Children with self-proved affidavit
State Law Compliance: This form complies with the laws of your state
Number of Pages27
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28230
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.








                        



Mutual Will - Married Couple with Minor Children






This Packet Includes:
1. General Instructions & Checklist;
2. Information; and
3. Mutual Will - Married Couple with Minor Children





General Instructions & Checklist
 Mutual Will - Married Couple with Minor Children




   This form package contains two “Mutual Wills” and is for use by a married couple (husband and wife i.e. Testator and Testatrix) with one or more minor children. It also includes a self-proved affidavit. The Wills distribute the assets of the Husband to the Wife and the assets of the Wife to the Husband in the event of their death. They also have a provision dealing with situations of simultaneous death of both husband and wife. If the Spouse does not survive the Testator/Testatrix the assets will go to the children. If the children are minors at the time of the Testators death and the spouse has pre-deceased the Testator, the Will allows the appointment of a Guardian for any minor child(ren) and a Trustee to administer the minor childrens assets. This Will also allows the Testator/Testatrix to make specific gifts to others as well. This Will is suitable for estates worth less than $1,500,000.

   There are two Wills in this form package. The first Will and Affidavit is to be used by the Husband. The second Will and Affidavit is to be used by the Wife. The instructions for both wills are the same. It is suggested that both Wills be executes/signed at the same time.

   The Wills are divided into various sections. The content of each section is explained below. Some sections require information to be provided and filled out in the space provided. The enclosed Affidavit also needs to be completed.

   Title: Enter name of Testator/Testatrix in blank space under title “Last Will and Testament of.

   Introduction: Contains preliminary information about the will. Testator/Testatrix must provide and fill out:  name,  county and  state

    

Article I: Gives the name of the spouse and any child(ren). Testator/Testatrix must provide and fill out:  name of spouse (in two places);  name of child(ren) and date of birth for each child. Three spaces are provided for names of children. You can add or remove spaces for names as necessary.

    

Article II: Authorizes payment of funeral and burial expenses.

   Article III: Authorizes payments of debts and expenses.

   Article IV: Disposes of specific property, primary residence and residuary property. Allows Testator/Testatrix to give specific dollar amounts or other property to specific persons or charities. Testator/Testatrix must provide and fill out:   description of property (or dollar amount);  name(s) of person/entity property is given to (three blank paragraphs are provided, but you can add as many as you need);  name of Spouse to whom Testators interest in any primary residence is given;  name of Spouse to whom the Residuary Estate is given to;  name of child(ren) to whom residuary estate is given in event spouse does not survive Testator;  name of alternate beneficiaries in the event that all children predecease the Testator and there are no descendants of the children;   state under whose laws the will is made.

   Article V: Deals with the creation of a trust for any minor children if spouse predeceases Testator/Testatrix. Testator/Testatrix must provide and fill out:  age when children should not be considered minors any longer for purposes of the Trust (this needs to be entered four (4) times in this section); and  state under whose laws the will is made.

   Article VI: Deals with appointment of Trustee and Trustees specific duties/responsibilities. It allows the Testator/Testatrix to name a person and an alternate to act as the Trustee that will administer the assets passing under the Will for any child(ren) under a certain age. Testator/Testatrix must provide and fill out:  the name of Trustee; and  and name of alternate Trustee.

   Article VII: Deals with appointment of the Guardian and an alternate for the minor children in the event the spouse predeceases the Testator/Testatrix. Testator/Testatrix must provide and fill out:  the name of Guardian;  name of alternate Guardian; and  number of days within which Guardian has to apply to be officially appointed as guardian of child(ren).

    

Article VIII: Deals with the appointment of the Testators/Testatrixs Personal Representative (i.e. Executor) and alternate; It allows the Testator/Testatrix to name an Executor to administer the estate, and an alternate in case the first choice cannot serve. The Executor will have the responsibility (after the testator's death) of managing the testator's property. The Personal Representative is also responsible for paying outstanding debts, administration expenses and taxes out of the testator's estate. After paying debts and expenses, the Personal Representative will pay whatever is left to the beneficiaries named in the will. Testator/Testatrix must provide and fill out:  the name of executor (spouse) and  name of alternate executor.



   Article IX: Powers of Executor and Trustee empowers them to deal with matters like taxes, taking care of the property, and making distributions to the beneficiaries

   Article X: Contains miscellaneous provisions including a provision dealing with situations of simultaneous death of both husband and wife.

   Signature Block: Testator needs to fill out:  day month year city;  signature; and  name

   Witnesses: Witnesses must provide and fill out:  name of state;  number of pages;  name of testator; and  witness signatures and info

   Affidavit: The enclosed Affidavit (although technically not part of the Will) states that all required formalities were observed when the Will was signed. The Affidavit needs to be completed and signed, by the Testator, all Witnesses and a Notary in front of each other.

   The Testator (i.e. the person who is writing the Will) must be of  “sound mind” when signing the Will and must be of legal age (i.e. eighteen in most states). Being of “sound mind” usually means that the Testator knows that he/she is signing a Will, is familiar with the property and the value thereof and knows about relatives and others who might be entitled to a share of the estate.



   Although most states only require two witnesses, the Testator should sign the Will in the presence of three (3) qualified, competent, disinterested and adult witnesses and a notary public. The signature of a third witness can provide additional protection if the signature of one of the witnesses is deemed to be invalid for any reason or if one of the witnesses cant be located. The witnesses should not be beneficiaries under the Will. For example children, spouses, heirs or executors should not be witnesses. All witnesses and the notary should watch the Testator sign the Will. The notary public is needed for the self-proved affidavit.

   Before signing the Will, the Testator/Testatrix should orally declare that the document that is about to be signed is intended to be the Testators Last Will and Testament. However, the witnesses dont need to read or know the contents of the Will. For example, the v can say: “The document I am about to sign is my Last Will and Testament. I am signing it freely and voluntarily,” or similar words.



   Although not required in most states, it is a good idea for the Testator/Testatrix to initial the bottom of each page of the Will. This can prevent subsequent substitution of pages. The witnesses should also initial the bottom of each page of the Will.

   All witnesses must sign their names in the presence of the Testator/Testatrix and each other and of the notary public. The witnesses must be satisfied that the Testator/Testatrix is an adult of sound mind and he/she is signing the Will freely and willingly.

   Wherever requested, the date should be filled in (preferably by hand), with the date of the actual signing. This step could be crucial to determine the validity of the Will at a later date (i.e. if this Will revokes an earlier Will).

   The Witnesses should indicate the total number of pages in the Will, including the page(s) on which the witness signature lines appear. The page with the self-proving affidavit, if included, should not be counted because the affidavit is not a part of the Will itself.

   The Testator/Testatrix and the witnesses should sign the self-proving affidavit (called “Proof of Will” in some states) and attach it to the end of the Will. The Affidavit contains the Testators/Testatrixs acknowledgment and the affidavit of the witnesses, made before a Notary or other person authorized to take acknowledgments and administer oaths. The affidavit states that all required formalities were observed when the Will was signed.

   The total number of pages (excluding i.e. not counting the self-proving affidavit) should be entered by hand in the bottom right of each page.

   

The Personal Representative / Executor, should be picked carefully. It is very important to pick a person (or bank or trust company) that can be trusted to handle financial matters and to deal appropriately with family members. It is best to talk to people (and banks or trust companies) before naming them as a Personal Representative, to make sure that they are willing and can serve. If you select a bank or trust company, be sure to check into their fees for such services.

   The original of the Will should be kept in a secure location such as a safe deposit box at a bank or lawyers office. Unlike other legal instruments where multiple originals are prepared, only one original “copy” of a will should be prepared. While photocopies may used for reference purposes, only the original can be admitted to probate. Copies are rarely accepted. A copy of the Will should be kept by the Testator and may also (if Testator/Testatrix so wish) be provided to the person named as Executor / Personal Representative.



   This Will does not dispose of property that, on the death of the Testator, would automatically pass to another person by operation of law or by any contract.  For example, the Will does not dispose of property held in joint tenancy with rights of survivorship or property held in trust.  In addition, the distribution of retirement plan benefits, life insurance proceeds and survivor benefits arising in other contracts and plans are not normally governed by a will.

   This Will is not designed to reduce taxes. Estate taxes, if any, are based on the size of the total taxable estate and other matters. The tax results of the choices made in this Will should be discussed with a competent tax advisor.

   If it becomes necessary to change the Will, do not modify it by adding, deleting, or modifying words on the face of the Will.  Such changes are usually disregarded.  Instead when changes are desired, the original and all copies should be destroyed and an entirely new Will should be signed.  New wills are commonly necessary when, for example, the Testators/Testatrixs marital status changes, if the Testator has a child or if a named beneficiary or one of the Executors dies..

   Most state laws guarantee a minimum share of an estate to a spouse when the other spouse dies. The Will may be invalid if a spouse receives nothing or only a small portion of the estate. Consult an attorney if you wish to disinherit a spouse or any children.  If any part of the Will calls for distribution in percentages, make sure that the total of all of the beneficiarys percentages equal 100%.  Check the totals before signing the Will.

   

State and federal laws which affect estate planning can vary over time and from place to place.  All wills should be reviewed by a lawyer before they are signed.  If the Testator/Testatrix moves to another state, the current Will should be checked by a lawyer in their new state to make sure it meets local requirements.

   These forms are provided “as is” and no implied or express warranties have been made or are provided as to their suitability for any specific purpose or as to their legal effect or completeness.



   These forms are not intended and are not a substitute for legal and/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed without consulting an attorney first to make sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with estate planning matters. Any possible tax consequences arising out of this document should be discussed with a tax professional.

   The purchase and use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com





Information
Mutual Will - Married Couple with Minor Children




This Will distributes the assets of the person making the Will (the “Testator”) as specified by the Testator.

This Will does not avoid probate for the Testator's estate. It merely directs how the assets that are individually owned by the Testator will be distributed. Assets held jointly with rights of survivorship, assets with beneficiary designations (such as life insurance or employee benefit plans), and assets held in trust generally will not be required to be probated and will not be governed by this Will.  

The Will has an enclosed self-proving affidavit, which contains the Testators acknowledgment and the affidavit of the witnesses, made before a Notary, that all required formalities were observed when the Will was signed.

The Affidavit does not affect the validity or legality of the Will. However, it can speed up the admission of the Will to probate after the death of the Testator. Before the adoption of more modern laws, all wills were proved by having one or more of the witnesses come into court and testify under oath, or through sworn affidavits, that each saw the Testator sign the will and that the formalities for signing a Will were followed. The Affidavit may eliminate the need to have witnesses testify, that the formalities in signing the Will were followed. The Affidavit can also be useful if witnesses are not available when they are needed.. However, even with the Affidavit, the Will may still be subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation.



A few states like Louisiana, Maryland, Ohio and Vermont (as of 1999) do not have statutes permitting self proving wills. The affidavit will be of no use in those states.  However, including the affidavit in those states will not invalidate the Will (since it is a separate document from the Will). In those states it will have to be "proven" in court, like any other will.  In Ohio, Maryland, California and the District of Columbia, the courts have some latitude to accept a will as self proved, to require an affidavit of the witnesses or to require the witnesses to testify. New Hampshire permits self-proving, but requires the affidavit to be in a specific format similar to the one included in our wills.



The Will is for anyone in any life situation where this Will is to be used as the principal estate planning document.

If you have a large estate, you may need more complicated planning to reduce or limit death taxes. Testators should have an understanding of tax laws. Federal tax law provides that upon the death of an individual, there is a credit against the estate tax otherwise due on a portion of the value of an individuals estate. For a person dying in 2005, that credit is $1,500,000.  The amount of the credit increases over the next few years. The credit is available to each individual and his or her spouse. Estates totaling $1,500,000 or more could be subject to federal estate tax. As your estate approaches or exceeds $1,500,000 in value, the greater your need for professional estate tax planning advice. If your assets come near the $1,500,000 level, you really shouldn't use this will and should consult with tax professionals and an attorney.

Before using this Will, it may be helpful to determine the value of all of the assets in your estate.  Assets may include the following:  real estate;   stocks and bonds;  bank accounts;  tangible personal property (household furnishings and furniture, jewelry, art, and other personal effects);   partnership (business) interests;  individual retirement accounts and qualified employee benefit plans;  the face value of any life insurance policy;  and  property you are holding in trust; any joint property you own

In addition, each individual may leave an unlimited amount to his or her spouse upon death without any federal estate tax liability. This is referred to as the “Marital Deduction.

This information and these forms are not intended and are not a substitute for legal and/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed without consulting an attorney first to make sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with estate planning matters. Any possible tax consequences arising out of this document should be discussed with a tax professional.






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Last Will And Testament
Of
______________________


I, _________________________________________ (name), of ____________________ (county), _______________________ (state), revoke my former Wills and Codicils and publish and declare this to be my Last Will and Testament.


ARTICLE I
SPOUSE & CHILDREN

I am married to __________________________________________________ (name of wife). All references to “my Wife” refer to __________________________________________ (name of wife). I have the following child(ren):

Name: ____________________________________________ Born on _________________
Name: ____________________________________________ Born on _________________
Name: ____________________________________________ Born on _________________


ARTICLE II
FUNERAL & BURIAL EXPENSES

I authorize the Executor of my Will to pay such sums as the Executor deems proper for my funeral, cremation or burial and interment, including the disposition of the ashes or the acquisition of any burial site and the erection and engraving of monuments and markers, regardless of any limitation fixed by statute or rule of court and without order of any court.


ARTICLE III
PAYMENT OF DEBTS AND EXPENSES

I direct that my just debts, testamentary expenses and expenses of last illness be first paid out of and charged to the capital of my general estate.

All taxes (including income taxes and inheritance taxes) and any interest and penalties thereon owed because of my death shall be paid out of the residue of my estate.  The Executor shall create, out of the residue, a separate fund for the purpose of paying any inheritance taxes in the amount necessary to pay said inheritance taxes. The payment of the taxes shall be made regardless of whether the taxes are owed on property passing under this Will or any codicil hereto, outside of this Will, in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship. The payment of the taxes shall be made regardless of whether the taxes are owed by my estate or by any beneficiary.  The Executor shall not seek reimbursement from any beneficiary for the payment of the taxes.

This direction shall not extend to or include any such taxes that may be payable by a purchaser or transferee in connection with any property transferred to or acquired by such purchaser or transferee upon or after my death pursuant to any agreement with respect to such property.


ARTICLE IV
DISPOSITION OF PROPERTY

Specific Bequests  I direct that the following specific bequests be made from my estate.

_____________________________________________ shall be distributed to ___________________________________.  If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

_____________________________________________ shall be distributed to ___________________________________.  If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

_____________________________________________ shall be distributed to ___________________________________.  If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

Primary Residence My interest in my primary residence or homestead, if any, shall be distributed to my Wife ___________________________________. If my Wife does not survive me, this bequest shall be distributed with my residuary estate.

Residuary Estate  I direct that my residuary estate, including any real property and personal property, be distributed and given to my Wife. _______________________________. If my Wife does not survive me, then my residuary estate and any other property not otherwise disposed of by this Will, shall be distributed in equal shares per stirpes to my child(ren) _____________________________________________________________________________
_____________________________________________________________________(name(s)), while trying to maintain regard for each childs preference. Each share created for a deceased child of mine who has one or more descendants then living shall be distributed to the then living descendants of the deceased child, per stirpes. If any child predeceases me and leaves no descendants, then that childs share shall be distributed equally among any surviving child(ren) or their descendants per stirpes. If none of my children or their descendants survive me, then my residuary estate and any other property not otherwise disposed of by this Will, shall be distributed to: ______________________________________________________________
_____________________________________________________________________ (name(s) of beneficiary(ies)). If more than one beneficiary is named, then the distribution shall be in equal shares per stirpes.

If any such above mentioned beneficiary does not survive me, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of ____________________, then in effect, as if I had died intestate at the time fixed for distribution under this provision.

Except as may be specifically otherwise provided herein or directed otherwise by law, if any person should become entitled to any share in my estate before attaining the age of majority or while under any other disability, I authorize the Executor to nevertheless make any distribution for any such person directly to the beneficiary or to a parent, guardian, conservator, committee of such person, trustee of such person, person with whom the beneficiary resides at the time of the distribution or to any other person the Executor may consider to be a proper recipient thereof. Receipt of any such distribution shall be a sufficient discharge to the Executor.


ARTICLE V
TRUST FOR MINOR CHILDREN

If my Wife predeceases me and, at the time of my death, any of my child(ren) are under the age of ____________ years, those children shall be deemed and referred to as “minor child(ren)” for purposes of this Will and the Trust created thereby. I direct the Executor to transfer all assets that have passed under this Will to any minor child(ren) to the Trustee named in this Will, to invest and to hold in trust, as a private trust, (herein referred to as “Trust” or “Trust assets”) for the benefit of my child(ren).

1. The Trust assets shall be retained, held, managed, invested, administered and distributed by the Trustee, under the provisions of this Will, in order to provide for the care, health, support, maintenance and education of any minor child(ren). The share of the proceeds of any life insurance policy on my life, any pension plan, contract or other policy passing to any minor children shall be held in trust by the Trustee and treated as part of the Trust assets. In Trustees discretion, the Trust assets may be converted into cash or other instruments in order to make the administration of the Trust easier.

2. The Trustee shall pay any minor child(ren) or their descendants such sums from the income or principal of the Trust as the Trustee deems appropriate for their maintenance, support, health and education (including college and professional education) until such time as each child is no longer a minor as defined herein. If deemed necessary by the Trustee, such amounts paid to my child(ren) need not be equal among my children, but should be based on the individual need(s) of my child(ren) and on the availability of assets in the trust. Any such payments shall not be deducted from or charged to the child(ren)s share of the final distribution at the termination of the trust. If during any year that the Trust is in effect any portion of the income from the trust is not paid to or applied for the benefit of the child(ren) such portion shall be added to the principal.

3. As each minor child reaches the age of _______ years, the Trust will terminate as to that child alone and the Trustee shall give that child his or her share of the Trust, including any share of undistributed income. When my youngest child reaches the age of _______ years, this Trust will terminate and the Trustee shall give that child any remaining income and principal of the Trust. If any of my child(ren) should die before receiving the whole of his or her share under the Trust created by this Will, then such share or the amount thereof then remaining shall be divided among the descendants of such child in equal shares per stirpes. The Trustee shall administer such shares for any descendants under the age of _____________ years as directed by this Will for any of my minor children. If any of my child(ren) should die before receiving the whole of his or her share under the Trust created by this Will, and if such child leaves no descendants surviving him or her, then such share or the amount thereof then remaining shall be divided among any of my other children, who shall be living at the time of the death of such child, in equal shares per stirpes.

4. If at any time prior to the termination of the Trust created under this Will or when the trust is ended, none of the intended beneficiaries of the trust is living, the Trustee shall distribute the property to whomever and in the same proportions as, my Executor would have been required to distribute it had I died intestate, unmarried, and a resident of the state of ___________________ at such time and owning such property.

5. The interest of any beneficiary in the Trust shall not be subject to any assignment, anticipation, creditors claim, seizure, attachment or other manner of legal process. this provision shall not be deemed to be a limitation upon the right of any beneficiary to renounce, in whole or in part, any provisions of the trust for the benefit of such beneficiary, or upon any power of appointment herein granted. As to any interest in the trust renounced by a beneficiary, the trust shall be construed as though such beneficiary predeceased me if the beneficiary's renunciation occurred within nine months following the date of my death and the beneficiary has not accepted any of the benefits so renounced. The Trustee may withhold the distribution of any income or principal to any beneficiaries under the Trust if Trustee, in Trustees own opinion and judgment, feels that the proceeds may be subject to any type of seizure or other legal proceeding.


ARTICLE VI
TRUSTEE

I appoint ___________________________________, as the Trustee under this Will. If such person or entity cannot, does not or is unable to serve or continue to serve as Trustee for any reason, I appoint ___________________________________,  to be the Trustee under this Will in the place and stead of the first aforementioned Executor. No bond, security or surety shall be required of any Trustee serving hereunder. The Trustee shall provide an accounting to the beneficiaries under the Trust once a year. If a beneficiary is a minor or has a disability, the Trustee may provide such accounting to that beneficiarys Guardian, Conservator or Trustee.


ARTICLE VII
GUARDIAN

If my Wife predeceases me or if it becomes otherwise necessary to appoint a Guardian for any of my minor child(ren) under the age of eighteen years, I appoint ___________________________________, as the Guardian of my minor child(ren). If such person cannot, does not or is unable to serve or continue to serve as Guardian for any reason, I appoint ___________________________________, as the Guardian of my minor child(ren) in the place and stead of the first aforementioned Guardian. It is my wish that before the expiration of ___ days from the date of my death the appointed Guardian apply to have custody of such child(ren) and act as the guardian of the property of such child pursuant to the provisions of applicable law.


ARTICLE VIII
NOMINATION OF EXECUTOR

I appoint my Wife ___________________________________, as the Executor of this my Will.  If my Wife cannot, does not or is unable to serve or continue to serve as Executor for any reason, I appoint __________________________________________________, to be the Executor of this my Will in the place and stead of my Wife.

References to “Executor” in this my Will shall include each Executor, Executrix, and Personal Representatives of my Will, my estate or any portion thereof who may be acting as such from time to time whether original or substituted and whether one or more.

To the extent permitted by law, the Executor shall have the right to administer my estate without adjudication, order or direction of the court having jurisdiction over my estate, using “informal,“unsupervised,” or “independent” probate or equivalent legislation designed to operate without unnecessary intervention by the probate court.

No bond, security or surety shall be required of any Executor serving hereunder.


ARTICLE IX
POWERS OF EXECUTOR & TRUSTEE

In addition to the existing authority of the Executor with regards to the Will and of any Trustee with regards to the administration of any Trust created by this Will, and in addition to other powers and authority granted by law or necessary or appropriate for proper administration of my estate and the Trust, the Executor and the Trustee shall have the right and power to:

1.   Lease, sell, grant options, partition, exchange, mortgage, or otherwise encumber or dispose of all or part of any real or personal property that may be included in my estate in such manner and for such purposes, for such prices, and upon such terms, credits and conditions as may be deemed advisable, without order of court and without notice to anyone. I also give to the Executor or Trustee power to execute and deliver such deeds, mortgages, leases or other instruments and documents as may be necessary to effect such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not mandatory.

2.   Take charge of any real property as part of the probate administration of my estate for such period as the Executor or Trustee shall determine; collect any income therefrom; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in the manner and to the extent that the Executor or Trustee shall deem advisable.

3.   To accept surrenders of leases and tenancies, to expend money in repairs, alterations, rebuilding and improvements and generally to manage any such property. The Executor or Trustee shall also have the right to renew and keep renewed any mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow money on any such real estate upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which may be in existence at any time forming part of my estate.

4.   Make any division of my real or personal estate or set aside or pay any share or interest therein either wholly or in part in the assets forming my estate at the time of my death or at the time of such division, setting aside or payment, and I expressly will and declare that the Executor or Trustee shall in their absolute discretion fix the value of my estate or any part thereof for the purpose of making any such division, setting aside or payment and the decision of the Executor or Trustee shall be final and binding upon all persons concerned, notwithstanding any fluctuation in market value and notwithstanding that one or more of the Executor or Trustee may be beneficially interested in the property or any part thereof so valued.

5.   Sell, call in and convert into money any part of my estate not consisting of money at such time or times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as they may in their absolute discretion decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as they may think best. Make any division or distribution of my residuary estate in money or in other property or partly in both upon the basis of fair market value and cause any share to be composed of money, property or undivided fractional share in property.

6.   Retain any of my investments or assets in the form existing at the date of my death at Executors or Trustees absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be authorized investments for all purposes of my Will. No reversionary or future interest shall be sold prior to falling into possession and no such interest not actually producing income shall be treated as producing income.

7.   Permit any beneficiaries of my estate to use any tangible personal property or real property, without paying any rent, without giving any bond or security and without liability for any loss or damage.  The Executor or Trustee shall not be liable or responsible for any injury to, consumption of or loss of any such property so used.

8.   Make or refrain from making, in Executors or Trustees absolute discretion, any elections, determinations, and designations permitted by any statute or regulation enacted by the federal government of the United States of America, by the legislature or government of any state, or by any other legislative or governmental body of any other country, state or territory, and such exercise of discretion by the Executor shall be conclusive and binding upon all the beneficiaries hereof. The Executor or Trustee shall not be liable to any person, whether beneficiary or otherwise, by reason of any loss, claim, tax or other cost experienced by any such person or by my estate resulting from any election, determination, designation or exercise of discretion, entered into by the Executor or Trustee in good faith.

9.   Windup, dissolve, settle or continue any partnership or business in which I may have an interest at the time of my death.

10.   Compromise, settle, waive or pay any claim or claims at any time owing by my estate or which my estate may have against others for such consideration or no consideration and upon such terms and conditions as the Executor or Trustee may deem advisable and to refer to arbitration all such claims if the Executor or Trustee deem same advisable.

11.   Pay all necessary and reasonable expenses and costs incurred in connection with administering my estate, including but not limited to attorney, accountant, agent, broker and other professional fees.


The Executor or Trustee shall be fully protected in exercising any discretion granted to them in my Will and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the exercise of such discretion. The Executor or Trustee shall exercise the powers, authority and discretion granted herein in what Executor or Trustee deems to be the best interest, whether monetary or otherwise, of the beneficiaries, whether or not such exercise may have the effect of conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an impartial exercise of their duties hereunder or as not being maintenance of an evenhand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all of the beneficiaries and shall not be subject to any question or review, by any person, official, authority, court or tribunal whatsoever or whomsoever.


ARTICLE X
MISCELLANEOUS PROVISIONS

   The provisions in this Will for the distribution of my estate shall be supplemented by the following:

1.    Paragraph Titles and Gender.  The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions.  Throughout this Will the use of any gender shall be deemed to include all genders, and the use of the singular the plural, and vice versa. and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number  The terms "child" and "descendant" shall include an adopted person and such adopted person's descendants, if, but only if, the adopted person is not more than twelve years of age on the date of the court order granting such adoption.

2.   Thirty Day Survival Requirement.  For the purposes of determining the appropriate distributions under this Will, Each beneficiary shall be deemed not to have survived me unless the beneficiary is living on the thirtieth day after the date of my death.

3.   Liability of Fiduciary.  No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or non-actions as the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith.  

4.   Beneficiary Disputes.  If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Executor.

5.   Matrimonial Rights.  No gift, or the income therefrom, under this Will shall be assigned or anticipated, or fall into any community of property, partnership or other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefrom shall remain the separate property of a beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse.

6.   Severability.  If any provision of this Will is declared invalid, illegal or unenforceable, any invalidity, illegality or unenforceability should affect only that provision and all other provision should remain effective.

7.   Survival  If my Wife and I die under circumstances whereby it is difficult or impractical to determine the order of deaths or to determine who survived the death of the other Spouse or who died first, I direct that it be determined that I survived my Wife. In that case, the terms of this Will shall then take precedence over any Will or Codicils of my Wife, except where otherwise directed by law.


IN WITNESS WHEREOF, I have signed my name below to this Will, this _____ day of ____________________, ______. at ____________________ (city), that I declare this to be my Last Will and Testament, that I am of legal age and sound mind, that I make this under no constraint or undue influence and ask the Witnesses named below to witness my signature.


Testators Signature:   _______________________________________________
   Name: _________________________________________


(Notice to Witnesses:  Three (3) adults must sign as witnesses.  Each witness must read the following clause before signing.  The witnesses should not receive assets under this Will.)

We, the undersigned, hereby certify and declare under penalty of perjury under the laws of the State of ____________________ that the above instrument, which consists of _____ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by _____________________________ (the “Testator”), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence and at testators request, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above.

We understand this is the Testator's Will; We believe the maker is of sound mind and memory; We believe that this Will was not procured by duress, menace, fraud or undue influence; The maker is age 18 or older. Each of us is now age 18 or older, is a competent witness, and resides at the address set forth after his or her name.

Dated: ____________________, ______

Witness Signature:   ___________________________________
Name:   ___________________________________
Address:   ___________________________________
City:   ___________________________________
State:   ___________________________________

Witness Signature:   ___________________________________
Name:   ___________________________________
Address:   ___________________________________
City:   ___________________________________
State:   ___________________________________

Witness Signature:   ___________________________________
Name:   ___________________________________
Address:   ___________________________________
City:   ___________________________________
State:   ___________________________________


Self-Proved Will Affidavit



STATE OF __________________________
COUNTY OF ________________________


We, ________________________________, and _______________________________,
and ________________________________ and ________________________________, the testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument in those capacities, personally appearing before the undersigned authority and being first duly sworn, declare to the undersigned authority under penalty of perjury that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator executed it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence and that each witness is over 18 years of age and otherwise competent to be a witness.


_____________________________________________ (Testator)

_____________________________________________ (Witness)
Print Name: ___________________________________
Address: ______________________________________

_____________________________________________ (Witness)
Print Name: ___________________________________
Address: ______________________________________

_____________________________________________ (Witness)
Print Name: ___________________________________
Address: ______________________________________


Subscribed, sworn, and acknowledged before me ________________________________ a notary public, and by _________________________________________, the testator, and by ___________________________________ , __________________________ , and ___________________________________ witnesses, this _______ day of __________________, 20____.




__________________________________________
Notary public                                                                                                            [SEAL]



Last Will And Testament
Of
______________________


I, _________________________________________ (name), of ____________________ (county), _______________________ (state), revoke my former Wills and Codicils and publish and declare this to be my Last Will and Testament.


ARTICLE I
SPOUSE & CHILDREN

I am married to __________________________________________________ (name of husband). All references to “my Husband” refer to _____________________________________ (name of husband). I have the following child(ren):

Name: ____________________________________________ Born on _________________
Name: ____________________________________________ Born on _________________
Name: ____________________________________________ Born on _________________


ARTICLE II
FUNERAL & BURIAL EXPENSES

I authorize the Executor of my Will to pay such sums as the Executor deems proper for my funeral, cremation or burial and interment, including the disposition of the ashes or the acquisition of any burial site and the erection and engraving of monuments and markers, regardless of any limitation fixed by statute or rule of court and without order of any court.


ARTICLE III
PAYMENT OF DEBTS AND EXPENSES

I direct that my just debts, testamentary expenses and expenses of last illness be first paid out of and charged to the capital of my general estate.

All taxes (including income taxes and inheritance taxes) and any interest and penalties thereon owed because of my death shall be paid out of the residue of my estate.  The Executor shall create, out of the residue, a separate fund for the purpose of paying any inheritance taxes in the amount necessary to pay said inheritance taxes. The payment of the taxes shall be made regardless of whether the taxes are owed on property passing under this Will or any codicil hereto, outside of this Will, in connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship. The payment of the taxes shall be made regardless of whether the taxes are owed by my estate or by any beneficiary.  The Executor shall not be seek reimbursement from any beneficiary for the payment of the taxes.

This direction shall not extend to or include any such taxes that may be payable by a purchaser or transferee in connection with any property transferred to or acquired by such purchaser or transferee upon or after my death pursuant to any agreement with respect to such property.


ARTICLE IV
DISPOSITION OF PROPERTY

Specific Bequests  I direct that the following specific bequests be made from my estate.

_____________________________________________ shall be distributed to ___________________________________.  If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

_____________________________________________ shall be distributed to ___________________________________.  If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

_____________________________________________ shall be distributed to ___________________________________.  If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate.

Primary Residence My interest in my primary residence or homestead, if any, shall be distributed to my Husband ___________________________________. If my Husband does not survive me, this bequest shall be distributed with my residuary estate.

Residuary Estate  I direct that my residuary estate, including any real property and personal property, be distributed, and given to my Husband. ____________________________. If my Husband does not survive me, then my residuary estate and any other property not otherwise disposed of by this Will, shall be distributed in equal shares per stirpes to my child(ren) ___________________________________________________________________
_____________________________________________________________________(name(s)), while trying to maintain regard for each childs preference. Each share created for a deceased child of mine who has one or more descendants then living shall be distributed to the then living descendants of the deceased child, per stirpes. If any child predeceases me and leaves no descendants, then that childs share shall be distributed equally among any surviving child(ren) or their descendants per stirpes. If none of my children or their descendants survive me, then my residuary estate and any other property not otherwise disposed of by this Will, shall be distributed to: ______________________________________________________________
_____________________________________________________________________ (name(s) of beneficiary(ies)). If more than one beneficiary is named, then the distribution shall be in equal shares per stirpes.

If any such above mentioned beneficiary does not survive me, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of ____________________, then in effect, as if I had died intestate at the time fixed for distribution under this provision.

Except as may be specifically otherwise provided herein or directed otherwise by law, if any person should become entitled to any share in my estate before attaining the age of majority or while under any other disability, I authorize the Executor to nevertheless make any distribution for any such person directly to the beneficiary or to a parent, guardian, conservator, committee of such person, trustee of such person, person with whom the beneficiary resides at the time of the distribution or to any other person the Executor may consider to be a proper recipient thereof. Receipt of any such distribution shall be a sufficient discharge to the Executor.


ARTICLE V
TRUST FOR MINOR CHILDREN

If my Husband predeceases me and, at the time of my death, any of my child(ren) are under the age of ____________ years, those children shall be deemed and referred to as “minor child(ren)” for purposes of this Will and the Trust created thereby. I direct the Executor to transfer all assets that have passed under this Will to any minor child(ren) to the Trustee named in this Will, to invest and to hold in trust, as a private trust, (herein referred to as “Trust” or “Trust assets”) for the benefit of my child(ren).

1. The Trust assets shall be retained, held, managed, invested, administered and distributed by the Trustee, under the provisions of this Will, in order to provide for the care, health, support, maintenance and education of any minor child(ren). The share of the proceeds of any life insurance policy on my life, any pension plan, contract or other policy passing to any minor children shall be held in trust by the Trustee and treated as part of the Trust assets. In Trustees discretion, the Trust assets may be converted into cash or other instruments in order to make the administration of the Trust easier.

2. The Trustee shall pay any minor child(ren) or their descendants such sums from the income or principal of the Trust as the Trustee deems appropriate for their maintenance, support, health and education (including college and professional education) until such time as each child is no longer a minor as defined herein. If deemed necessary by the Trustee, such amounts paid to my child(ren) need not be equal among my children, but should be based on the individual need(s) of my child(ren) and on the availability of assets in the trust. Any such payments shall not be deducted from or charged to the child(ren)s share of the final distribution at the termination of the trust. If during any year that the Trust is in effect any portion of the income from the trust is not paid to or applied for the benefit of the child(ren) such portion shall be added to the principal.

3. As each minor child reaches the age of _______ years, the Trust will terminate as to that child alone and the Trustee shall give that child his or her share of the Trust, including any share of undistributed income. When my youngest child reaches the age of _______ years, this Trust will terminate and the Trustee shall give that child any remaining income and principal of the Trust. If any of my child(ren) should die before receiving the whole of his or her share under the Trust created by this Will, then such share or the amount thereof then remaining shall be divided among the descendants of such child in equal shares per stirpes. The Trustee shall administer such shares for any descendants under the age of _____________ years as directed by this Will for any of my minor children. If any of my child(ren) should die before receiving the whole of his or her share under the Trust created by this Will, and if such child leaves no descendants surviving him or her, then such share or the amount thereof then remaining shall be divided among any of my other children, who shall be living at the time of the death of such child, in equal shares per stirpes.

4. If at any time prior to the termination of the Trust created under this Will or when the trust is ended, none of the intended beneficiaries of the trust is living, the Trustee shall distribute the property to whomever and in the same proportions as, my Executor would have been required to distribute it had I died intestate, unmarried, and a resident of the state of ___________________ at such time and owning such property.

5. The interest of any beneficiary in the Trust shall not be subject to any assignment, anticipation, creditors claim, seizure, attachment or other manner of legal process. this provision shall not be deemed to be a limitation upon the right of any beneficiary to renounce, in whole or in part, any provisions of the trust for the benefit of such beneficiary, or upon any power of appointment herein granted. As to any interest in the trust renounced by a beneficiary, the trust shall be construed as though such beneficiary predeceased me if the beneficiary's renunciation occurred within nine months following the date of my death and the beneficiary has not accepted any of the benefits so renounced. The Trustee may withhold the distribution of any income or principal to any beneficiaries under the Trust if Trustee, in Trustees own opinion and judgment, feels that the proceeds may be subject to any type of seizure or other legal proceeding.


ARTICLE VI
TRUSTEE

I appoint ___________________________________, as the Trustee under this Will. If such person or entity cannot, does not or is unable to serve or continue to serve as Trustee for any reason, I appoint ___________________________________, , to be the Trustee under this Will in the place and stead of the first aforementioned Executor. No bond, security or surety shall be required of any Trustee serving hereunder. The Trustee shall provide an accounting to the beneficiaries under the Trust once a year. If a beneficiary is a minor or has a disability, the Trustee may provide such accounting to that beneficiarys Guardian, Conservator or Trustee.


ARTICLE VII
GUARDIAN

If my Husband predeceases me or if it becomes otherwise necessary to appoint a Guardian for any of my minor child(ren) under the age of eighteen years, I appoint ___________________________________, as the Guardian of my minor child(ren). If such person cannot, does not or is unable to serve or continue to serve as Guardian for any reason, I appoint ___________________________________, as the Guardian of my minor child(ren) in the place and stead of the first aforementioned Guardian. It is my wish that before the expiration of ___ days from the date of my death the appointed Guardian apply to have custody of such child(ren) and act as the guardian of the property of such child pursuant to the provisions of applicable law.


ARTICLE VIII
NOMINATION OF EXECUTOR

I appoint my Husband ___________________________________, as the Executor of this my Will.  If my Husband cannot, does not or is unable to serve or continue to serve as Executor for any reason, I appoint ___________________________________, to be the Executor of this my Will in the place and stead of my Husband.

References to “Executor” in this my Will shall include each Executor, Executrix, and Personal Representatives of my Will, my estate or any portion thereof who may be acting as such from time to time whether original or substituted and whether one or more.

To the extent permitted by law, the Executor shall have the right to administer my estate without adjudication, order or direction of the court having jurisdiction over my estate, using “informal,“unsupervised,” or “independent” probate or equivalent legislation designed to operate without unnecessary intervention by the probate court.

No bond, security or surety shall be required of any Executor serving hereunder.


ARTICLE IX
POWERS OF EXECUTOR & TRUSTEE

In addition to the existing authority of the Executor with regards to the Will and of any Trustee with regards to the administration of any Trust created by this Will, and in addition to other powers and authority granted by law or necessary or appropriate for proper administration of my estate and the Trust, the Executor and the Trustee shall have the right and power to:

1.   Lease, sell, grant options, partition, exchange, mortgage, or otherwise encumber or dispose of all or part of any real or personal property that may be included in my estate in such manner and for such purposes, for such prices, and upon such terms, credits and conditions as may be deemed advisable, without order of court and without notice to anyone. I also give to the Executor or Trustee power to execute and deliver such deeds, mortgages, leases or other instruments and documents as may be necessary to effect such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not mandatory.

2.   Take charge of any real property as part of the probate administration of my estate for such period as the Executor or Trustee shall determine; collect any income therefrom; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in the manner and to the extent that the Executor or Trustee shall deem advisable.

3.   To accept surrenders of leases and tenancies, to expend money in repairs, alterations, rebuilding and improvements and generally to manage any such property. The Executor or Trustee shall also have the right to renew and keep renewed any mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow money on any such real estate upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which may be in existence at any time forming part of my estate.

4.   Make any division of my real or personal estate or set aside or pay any share or interest therein either wholly or in part in the assets forming my estate at the time of my death or at the time of such division, setting aside or payment, and I expressly will and declare that the Executor or Trustee shall in their absolute discretion fix the value of my estate or any part thereof for the purpose of making any such division, setting aside or payment and the decision of the Executor or Trustee shall be final and binding upon all persons concerned, notwithstanding any fluctuation in market value and notwithstanding that one or more of the Executor or Trustee may be beneficially interested in the property or any part thereof so valued.

5.   Sell, call in and convert into money any part of my estate not consisting of money at such time or times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as they may in their absolute discretion decide upon, or to postpone such conversion of my estate or any part or parts thereof for such length of time as they may think best. Make any division or distribution of my residuary estate in money or in other property or partly in both upon the basis of fair market value and cause any share to be composed of money, property or undivided fractional share in property.

6.   Retain any of my investments or assets in the form existing at the date of my death at Executors or Trustees absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be authorized investments for all purposes of my Will. No reversionary or future interest shall be sold prior to falling into possession and no such interest not actually producing income shall be treated as producing income.

7.   Permit any beneficiaries of my estate to use any tangible personal property or real property, without paying any rent, without giving any bond or security and without liability for any loss or damage.  The Executor or Trustee shall not be liable or responsible for any injury to, consumption of or loss of any such property so used.

8.   Make or refrain from making, in Executors or Trustees absolute discretion, any elections, determinations, and designations permitted by any statute or regulation enacted by the federal government of the United States of America, by the legislature or government of any state, or by any other legislative or governmental body of any other country,  state or territory, and such exercise of discretion by the Executor shall be conclusive and binding upon all the beneficiaries hereof. The Executor or Trustee shall not be liable to any person, whether beneficiary or otherwise, by reason of any loss, claim, tax or other cost experienced by any such person or by my estate resulting from any election, determination, designation or exercise of discretion, entered into by the Executor or Trustee in good faith.

9.   Windup, dissolve, settle or continue any partnership or business in which I may have an interest at the time of my death.

10.   Compromise, settle, waive or pay any claim or claims at any time owing by my estate or which my estate may have against others for such consideration or no consideration and upon such terms and conditions as the Executor or Trustee may deem advisable and to refer to arbitration all such claims if the Executor or Trustee deem same advisable.

11.   Pay all necessary and reasonable expenses and costs incurred in connection with administering my estate, including but not limited to attorney, accountant, agent, broker and other professional fees.


The Executor or Trustee shall be fully protected in exercising any discretion granted to them in my Will and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the exercise of such discretion. The Executor or Trustee shall exercise the powers, authority and discretion granted herein in what Executor or Trustee deems to be the best interest, whether monetary or otherwise, of the beneficiaries, whether or not such exercise may have the effect of conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an impartial exercise of their duties hereunder or as not being maintenance of an evenhand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all of the beneficiaries and shall not be subject to any question or review, by any person, official, authority, court or tribunal whatsoever or whomsoever.


ARTICLE X
MISCELLANEOUS PROVISIONS

   The provisions in this Will for the distribution of my estate shall be supplemented by the following:

1.    Paragraph Titles and Gender.  The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions.  Throughout this Will the use of any gender shall be deemed to include all genders, and the use of the singular the plural, and vice versa. and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number  The terms "child" and "descendant" shall include an adopted person and such adopted person's descendants, if, but only if, the adopted person is not more than twelve years of age on the date of the court order granting such adoption.

2.   Thirty Day Survival Requirement.  For the purposes of determining the appropriate distributions under this Will, Each beneficiary shall be deemed not to have survived me unless the beneficiary is living on the thirtieth day after the date of my death.

3.   Liability of Fiduciary.  No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or non-actions as the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith.  

4.   Beneficiary Disputes.  If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Executor.

5.   Matrimonial Rights.  No gift, or the income therefrom, under this Will shall be assigned or anticipated, or fall into any community of property, partnership or other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefrom shall remain the separate property of a beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse.

6.   Severability.  If any provision of this Will is declared invalid, illegal or unenforceable, any invalidity, illegality or unenforceability should affect only that provision and all other provision should remain effective.

7.   Survival  If my Husband and I die under circumstances whereby it is difficult or impractical to determine the order of deaths or to determine who survived the death of the other Spouse or who died first, I direct that it be determined that my Husband survived me. In that case, the terms of his Will shall then take precedence over the terms of this Will or its Codicils, except where otherwise directed by law.


IN WITNESS WHEREOF, I have signed my name below to this Will, this _____ day of ____________________, ______. at ____________________ (city), that I declare this to be my Last Will and Testament, that I am of legal age and sound mind, that I make this under no constraint or undue influence and ask the Witnesses named below to witness my signature.


Testators Signature:   _______________________________________________
   Name: _________________________________________


(Notice to Witnesses:  Three (3) adults must sign as witnesses.  Each witness must read the following clause before signing.  The witnesses should not receive assets under this Will.)

We, the undersigned, hereby certify and declare under penalty of perjury under the laws of the State of ____________________ that the above instrument, which consists of _____ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by _____________________________ (the “Testator”), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence and at testators request, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above.

We understand this is the Testator's Will; We believe the maker is of sound mind and memory; We believe that this Will was not procured by duress, menace, fraud or undue influence; The maker is age 18 or older. Each of us is now age 18 or older, is a competent witness, and resides at the address set forth after his or her name.

Dated: ____________________, ______

Witness Signature:   ___________________________________
Name:   ___________________________________
Address:   ___________________________________
City:   ___________________________________
State:   ___________________________________

Witness Signature:   ___________________________________
Name:   ___________________________________
Address:   ___________________________________
City:   ___________________________________
State:   ___________________________________

Witness Signature:   ___________________________________
Name:   ___________________________________
Address:   ___________________________________
City:   ___________________________________
State:   ___________________________________


Self-Proved Will Affidavit



STATE OF __________________________
COUNTY OF ________________________


We, ________________________________, and _______________________________,
and ________________________________ and ________________________________, the testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing instrument in those capacities, personally appearing before the undersigned authority and being first duly sworn, declare to the undersigned authority under penalty of perjury that the testatrix signed and executed the instrument as the testatrix's will, that the testatrix signed willingly (or willingly directed another to sign for the testatrix), that the testatrix executed it as the testatrix's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testatrix, signed the will as witness, and that to the best of the witness's knowledge the testatrix was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence and that each witness is over 18 years of age and otherwise competent to be a witness.


_____________________________________________ (Testatrix)

_____________________________________________ (Witness)
Print Name: ___________________________________
Address: ______________________________________

_____________________________________________ (Witness)
Print Name: ___________________________________
Address: ______________________________________

_____________________________________________ (Witness)
Print Name: ___________________________________
Address: ______________________________________


Subscribed, sworn, and acknowledged before me ________________________________ a notary public, and by _________________________________________, the testatrix, and by ___________________________________ , __________________________ , and ___________________________________ witnesses, this _______ day of __________________, 20____.




__________________________________________
Notary public                                                                                                            [SEAL]
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All the forms I needed were included in the package. It was easy to complete and make changes to fit my situation. Thanks !!!


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