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Massachusetts Self-proved Will Affidavit personally known to me or who has produced ______________________ as identification, this _______ day of __________________, 20____. __________________________________________ Notary public [SEAL] ________________________, a witness, who is personally known to me or who has produced ______________________ as identification, and by ____________________________________________, a witness, who is entification, and by _______________________________________________, a witness, who is personally known to me or who has produced ______________________ as identification, and by ____________________________________________________ Subscribed and sworn to before me by _____________________________________, the testator, who is personally known to me or who has produced _____________________ as id________________________________ Address: ______________________________________ _____________________________________________ (Witness) Print Name: ___________________________________ Address: ____________________________ (Witness) Print Name: ___________________________________ Address: ______________________________________ _____________________________________________ (Witness) Print Name: ___d under no constraint or undue influence; and 5) each witness was and is competent and of proper age to witness a will. _____________________________________________ (Testator) _______________________ of each other; 4) to the best knowledge of each witness, the testator was, at the time of signing, of the age of majority (or otherwise legally competent to make a will), of sound mind and memory, anared, signed, and executed the will in the presence of the witnesses; 3) the witnesses signed the will upon the request of the testator, in the presence and hearing of the testator and in the presencebefore me and having been first been duly sworn, each then declared to me that: 1) the attached or foregoing instrument is the last will of the testator; 2) the testator willingly and voluntarily decl____________________, and ___________________________________________, the witnesses, whose names are signed to the attached or foregoing instrument and whose signatures appear below, having appeared d, an officer authorized to administer oaths, certify that _______________________________________________________________, the testator and _______________________________________, and ______________tator __________ Witness __________ __________ Witness Witness Page 9 of ______ Self-Proved Will Affidavit STATE OF __________________________ COUNTY OF ________________________ I, the undersigne______________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Initials: __________ Tes______________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ _____ature: Name: Address: City: State: ___________________________________ ___________________________________ ___________________________________ ___________________________________ _____________________ 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 Sign_________ Testator __________ Witness __________ __________ Witness Witness Page 8 of ______ influence; The maker is age 18 or older. Each of us is now age 18 or older, is a competent witness, anddate 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 Initials: _nt and we, at the Testator's request and in the Testator's sight and presence and at testator's request, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the e 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 Testamell.) 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 th_______________________ (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 Wie this under no constraint or undue influence and ask the Witnesses named below to witness my signature. Testator's Signature: _______________________________________________ Name: __________________ow 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 maklegal or unenforceable, any invalidity, illegality or unenforceability should affect only that provision and all other provision should remain effective. IN WITNESS WHEREOF, I have signed my name belshall 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, ilny 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 etermined 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 a 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 dpenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faith. my estate, and my estate shall indemnify such natural person from any and all claims or Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 7 of ______ exh 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 ofal 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 thirtietopted 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 Survivhe 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 adses 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 t 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 purpothe 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 provisionsial exercise of their duties hereunder or as not being maintenance of an even-hand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all of ether 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 impartxecutor 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, whcted 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 Ed 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 protend 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 an___ 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 ar continue any partnership or business in which I may have an interest at the time of my death. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 6 of ___ 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 od 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 byegislature 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 anr's or Trustee's 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 lty 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 Executod 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 liabiliauthorized 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 treate in the form existing at the date of my death at Executor's or Trustee's absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to be roperty 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 assetsor 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 pnot 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, 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 king 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 ivision, 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 mae 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 dof ______ 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. Maky mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 5 enancies, 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 anincluding 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 t 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, eases 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 ofms, 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, le, 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 ter 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, exchanging 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 byithout 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 existate 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 wtion 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 estthe place and stead of the first aforementioned Executor. References to "Executor" in this my Will shall include each Executor, Executrix, and Personal Representatives of my Will, my estate or any porIf such person or entity 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 ____ Witness __________ __________ Witness Witness Page 4 of ______ ARTICLE VIII NOMINATION OF EXECUTOR I appoint ___________________________________, ("Executor") as the Executor of this my Will. e 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. Initials: __________ Testator _______________________, 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 th___________________________, 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 __________________t beneficiary's Guardian, Conservator or Trustee. ARTICLE VII GUARDIAN If it becomes necessary to appoint a Guardian for any of my minor child(ren) under the age of eighteen years, I appoint ________ing 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 tha ___________________________________, , 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 servI 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 any beneficiaries under the Trust if Trustee, in Trustee's own opinion and judgment, feels that the `proceeds' may be subject to any type of seizure or other legal proceeding. ARTICLE VI TRUSTEE n 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 principalpower 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 renunciatio 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 and owning such property. 5. The interest of any beneficiary in the Trust shall not be subject to any assignment, anticipation, creditor's claim, seizure, attachment or other manner of legal process.perty 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 timeIf 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 proho shall be living at the time of the death of such child, in equal shares per stirpes. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 3 of ______ 4. er 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, wes 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 undrust 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 sharrust 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 Tas 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 Tm 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 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 frosuch 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 paymentseir 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, e 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 th minor children shall be held in trust by the Trustee and treated as part of the Trust assets. In Trustee's discretion, the Trust assets may be converted into cash or other instruments in order to make 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 anythe 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 ths 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 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 assetper recipient thereof. Receipt of any such distribution shall be a sufficient discharge to the Executor. ARTICLE V TRUST FOR MINOR CHILDREN If at the time of my death, any of my child(ren) are under t Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 2 of ______ the time of the distribution or to any other person the Executor may consider to be a proake 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 aed 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 mState 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 direct_______________ If any such 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 s per stirpes to: ___________________________________________ ____________________________________________________________________________ _____________________________________________________________ is named, then the distribution shall be in equal shares per stirpes. If none of the named child(ren) or their descendants, survive me, I direct that my residuary estate be distributed in equal shareg any real property and personal property, be distributed, bequeathed and given to my child(ren) _____________________________________________________________________ (name(s)). If more than one child___________________________________ (name(s)). If more than one child is named, then the distribution shall be in equal shares per stirpes. Residuary Estate I direct that my residuary estate, includin does not survive me, this bequest shall be distributed with my residuary estate. Primary Residence All my interest in my primary residence or homestead, if any, shall be distributed to my child(ren) t survive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiarye me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiary does not the following specific bequests be made from my estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiary does not survivferred 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 tha______ __________ Witness Witness Page 1 of ______ 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 transtaxes are owed by my estate or by any beneficiary. The Executor shall not seek reimbursement from any beneficiary for the payment of the taxes. Initials: __________ Testator __________ Witness ____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 sary 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 ed 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 neceses 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 ow 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 expensas 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__________ Born on _________________ Name: _______________________________________ Born on _________________ ARTICLE II FUNERAL & BURIAL EXPENSES I authorize the Executor of my Will to pay such sums ____________________ (name of ex-spouse). I am not married. I have the following child(ren): Name: _______________________________________ Born on _________________ Name: _____________________________ _______________________ (state), revoke my former Wills and Codicils and publish and declare this to be my Last Will and Testament. ARTICLE I MARRIAGE & CHILDREN I am divorced from _________________ of this document should be discussed with a tax professional. Last Will And Testament Of ______________________ I, _________________________________________ (name), of ____________________ (county),n 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 outa 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 aeferred to as the "Marital Deduction". If the recipient spouse is not a U.S. citizen, the deduction is limited (it was $100,000 in 2003). This information and these forms are not intended and are not erty 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 r, art, and other personal effects); [] partnership (business) interests; [] individual retirement accounts and qualified employee benefit plans; [] the face value of any life insurance policy; [] propf 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, jewelryvel, Information about Wills ­ Page 2 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 ofederal estate tax. As your estate approaches $2,000,000 in value and exceeds that amount, the greater your need for professional estate tax planning advice. If your assets come near the $2,000,000 ledual's estate. For a person dying in 2006 to 2008, that credit is $2,000,000. The credit is available to each individual and his or her spouse. Estates totaling $2,000,000 or more could be subject to s 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 indivi 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. Testatores 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 inproven" 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 witnesst 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 "due influence, lack of testamentary capacity, or prior revocation. A few states like Louisiana, Maryland, Ohio and Vermont (as of 2003) do not have statutes permitting self proving wills. The affidavil 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 unt 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 Wilhe 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, thal 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 td and will not be governed by this Will. The Will has an enclosed self-proving affidavit, which contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notary, that alheld 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 probate) as specified by the Testator. This Will does not avoid probate for the Testator's estate. It merely directs how the assets, which are individually owned by the Testator, will be distributed. Assets nd use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com Information about Wills This Will distributes the assets of the person making the Will (the "Testator"cal 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 aate 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 lolity 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 st make sure it meets local requirements. Checklist & Instructions ­ Page 5 [_] These forms are provided "as is" and no implied or express warranties have been made or are provided as to their suitabie and from place to place. All wills should be reviewed by a lawyer before they are signed. If the Testator moves to another state, the current will should be checked by a lawyer in their new state toentages, make sure that the total of all of the beneficiaries' percentages equal 100%. Check the totals before signing the Will. State and federal laws, which affect estate planning, can vary over timvalid 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 perc, 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 inhanges 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 Testator's marital status changesompetent 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 cs 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 cin 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 iould 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 by the Testator and may also (if Testator so wishes) be provided to the person named as Executor / Personal Representative. This Will does not dispose of property that, on the death of the Testator, wnal "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 e original of the Will should be kept in a secure location such as a safe deposit box at a bank or lawyer's office. Unlike other legal instruments where multiple originals are prepared, only one origibanks or trust companies) before naming them as Trustee, 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. Thstee. It is very important to pick a person (or bank or trust company) that can be trusted to manage and administer the Trust that may be set up for your child(ren). It is best to talk to people (and of the child(ren). It is best to talk to people before naming them as the Guardian of the child(ren), to make sure that they are willing and can serve. Great care should be taken in selecting the TruInstructions ­ Page 4 The Guardian should be picked carefully as this person may have custody of the Testator's child(ren). It is also very important to pick a person that can be trusted to take careore 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. Checklist & 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) befing 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 tory 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 (excludving affidavit (called "Proof of Will" in some states) and attach it to the end of the Will. The Affidavit contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notanes 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 and the witnesses should sign the self-proty 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 liis 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 validill. All witnesses must sign their names in the presence of the Testator and each other and of the notary public. The witnesses must be satisfied that the Testator is an adult of sound mind and he/she t is a good idea for the Testator 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. For example, the Testator 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, ir should orally declare that the document that is about to be signed, is intended to be the Testator's Last Will and Testament. However, the witnesses don't need to read or know the contents of the Wiexecutors 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 Testato of the witnesses is deemed to be invalid for any reason or if one of the witnesses can't be located. The witnesses should not be beneficiaries under the Will. For example children, spouses, heirs or ill 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 oneand knows about relatives and others who might be entitled to a share of the estate. Checklist & Instructions ­ Page 3 Although most states only require two witnesses, the Testator should sign the Wand 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 s 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 itness 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 needgnature Block: Testator needs to fill out: [] day month year city; [] signature; [] name Witnesses: Witnesses must provide and fill out: [] name of state; [] number of pages; [] name of testator; [] wowers 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. Sisonal Representative will pay whatever is left to the beneficiaries named in the will. Testator must provide and fill out [] the name of executor (spouse); [] name of alternate executor. Article IX: Ptator'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 Perestator 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 tesian has to apply to be officially appointed as guardian of child(ren). Article VIII: Deals with the appointment of the Testator's Personal Representative (i.e. Executor) and alternate; It allows the Tith appointment of the Guardian and an alternate for the minor children. Testator must provide and fill out [] the name of Guardian; [] name of alternate Guardian; [] number of days within which Guard will administer the assets passing under the Will for any child(ren) under a certain age. Testator must provide and fill out [] the name of Trustee; [] name of alternate Trustee. Article VII: Deals wlaws the will is made. Article VI: Deals with appointment of Trustee and Trustee's specific duties/responsibilities. It allows the Testator to name a person and an alternate to act as the Trustee that when children should not be considered minors any longer Checklist & Instructions ­ Page 2 for purposes of the Trust (this needs to be entered four (4) times in this section); [] state under whose be given if child(ren) predecease Testator; [] state under whose laws the will is made Article V: Deals with the creation of a trust for any minor children. Testator must provide and fill out: [] age of child(ren) to whom the primary residence (if any) is given; [] name of child(ren) to whom the residuary estate will be given; [] name of "alternate" beneficiaries to whom the residuary estate willrovide 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); [] nameproperty. Allows Testator to give specific dollar amounts or other property to specific persons or charities and gives any primary residence and the residuary estate to the child(ren). Testator must psary. 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 must provide and fill out [] name of ex-spouse; [] 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 necesains preliminary information about the will. Testator must provide and fill out: [] name, [] county and [] state Article I: Gives the name of the ex-spouse and the name(s) of any child(ren). Testator vided and filled out in the space provided. The enclosed Affidavit also needs to be completed. Title: Enter name of Testator in blank space under title "Last Will and Testament of". Introduction: Contl. This Will is suitable for estates worth less than $2,000,000. This Will is divided into various sections. The content of each section is explained below. Some sections require information to be prohe 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 allows the Testator to make specific gifts to others as weldren, and includes a self-proved affidavit. It distributes the assets of the Testator (i.e. person making the will) to the child(ren). If the children are minors at the time of the Testator's death, t; (2) Information about Wills; (3) Will ­ Divorced Person (not remarried) with Minor Children with self-proved affidavit. This Will is for a Divorced (not remarried) Person with one or more minor chilChecklist and Instructions Will - Divorced (not remarried) Person with Minor Children This package contains (1) Checklist and Instruction for Will ­ Divorced Person (not remarried) with Minor Children Massachusetts