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Tennessee Address -6- owledgment (Notary Public) _________________________________ Name typed, printed, or stamped This Document Prepared by: _____________________________________Name _______________________________________________ (name of Principal), who is personally known to me or who has produced ________________________________ as identification. _________________________________ Signature of person taking ackne of __________________________ ) ) ss County of ________________________ ) -5- The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by ___________________ State: ___________________________________ BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. Notary's Acknowledgment Stat______________________ State: ___________________________________ Witness Signature: ___________________________________ Name: ___________________________________ City: _______________________________e, the Principal appears to be of sound mind and does not appear to be under duress. Witness Signature: ___________________________________ Name: ___________________________________ City: ____________Signature of ("Principal") On this day ______________ (date) I declare that the Principal indicated that he understands the nature of this document and is signing it freely and voluntarily. Furthermor___________ (name of Principal) has executed this Durable Power of Attorney on ____________ (date) at ____________________ (city), __________________________ (state). ________________________________ ful misconduct, while acting under the authority of this Power of Attorney. I may revoke this Power of Attorney at any time by providing written notice to my Agent. IN WITNESS WHEREOF, _______________d harmless. Agent shall not be liable for losses resulting from judgment errors made in good faith. However, Agent will be liable for breach of fiduciary duty, failure to act in good faith and/or willttorney. If this Durable -4- Power of Attorney is terminated by operation of law, any person relying in good faith on the authority of this document, without notice of such termination, shall be hel third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of a assets to be subject to a general power of appointment by my Agent. Any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a necessary to prevent (a) my income to be taxable to my Agent; (b) my Agent to have any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) myr issuance of this power-ofattorney or as to the disposition of any proceeds paid to my Agent based on this document. The powers granted to my Agent by this power-of-attorney are limited to the extenthen the remaining unaffected parts of the document shall still remain in full force and effect and not be affected by any partial invalidity. No person needs to inquire as to the reasons for the use oe not intended to restrict or limit the definition or scope of powers granted herein in any manner. If any part of this document is held to be invalid, illegal or unenforceable under applicable law, t for all funds handled and all acts performed as my Agent. This Power of Attorney shall be construed as broadly as a General Power of Attorney. The listing of specific terms, rights, acts or powers arreasonable compensation for any services provided as my Agent If so requested by myself or any authorized personal representative or fiduciary acting on my behalf, my Agent shall provide an accountingly. My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney. If desired, my Agent shall also be entitled to herein, "disability" or "incapacity" shall mean a lack of capacity to receive and evaluate information effectively, to communicate decisions, and/or to manage my financial resources and affairs properfect thereafter until my death. This Power of Attorney shall not terminate on my subsequent disability, incapacity or lack of mental competence (except as provided by any applicable statute). As used the rights, powers, and authority of my Agent shall become effective immediately upon execution of this instrument. The rights, powers, and authority of this document shall remain in full force and efent may not disclaim assets, to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent's estate. This Durable Power of Attorney and m any interest (subject to other provisions of this document), which might be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, Agse whom I am legally obligated to support. 16. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust exists at the time of such transfer. -3- 17. To disclair the creditors of my Agent's estate, or (c) use any of my assets to discharge any of my Agent's legal obligations, including any obligations of support which my Agent may owe to others, excluding thogent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, (b) exercise any powers of appointment I may hold in favor of my Agent, my Agent's estate, my Agent's creditors, ocalendar year. However, my Agent may not, unless specifically authorized by this document, (a) gift, appoint, assign or designate any of my assets, interests or rights, directly or indirectly, to my Atax annual exclusion, shall not exceed in value the federal gift tax annual exclusion amount in any one calendar year, and this annual right shall be non-cumulative and shall lapse at the end of each guardian or close friend of the minor or pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers To Minors Act. Any gifts made shall be limited to gifts that qualify for the federal gift such gifts are a part of my estate planning or otherwise, and if necessary, to file any state and federal gift tax returns and documents. Gifts to minors may be made to the minor directly or parent, or settle any matter with such agency. 15. To make gifts and charitable contributions of my real, personal, tangible or intangible property, to such persons or organizations without regard to whethere and tax returns and necessary and/or related documents; to obtain or provide information to and from any agency, including governmental agencies, relating to tax matters and to negotiate, compromise 14. To prepare, or cause to be prepared, sign, and/or file any documents with any federal, state, local or other governmental body, including, but not limited to, federal, state, local or other incomfuture. 13. To employ any professional and/or business assistance as may be appropriate, including but not limited to, attorneys, accountants, investment professionals, brokers and real estate agents.ks, bonds, debentures, commodities, options or any other investments. 12. To maintain and/or operate any business that I currently own or have an interest in or may own or have an interest in, in the ny other person, including access to their contents, and to examine, remove, keep or otherwise dispose of the contents. 11. To exercise any and all rights, including proxy rights, with respect to stoc draft of the United States of America, including U.S. Treasury Securities. 10. To have access to any safe deposit box, vault or other storage area owned or leased by me alone or in conjunction with a, cashier checks, cash or vouchers payable to me by any person, firm, corporation or political entity; to perform any act necessary to deposit, -2- negotiate, sell or transfer any note, security, oruding, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments, obtaining bank statements, passbooks, drafts, warrants, money orders, certificatese accounts, retirement plan accounts, and other similar accounts with financial institutions; to conduct any business with any banking or financial institution with respect to any of my accounts, inclng Social Security benefits. 9. To open, maintain and/or close bank accounts, including, but not limited to, checking accounts, savings accounts, certificates of deposit, investment accounts, brokeragental benefits (including but not limited to, medical, military and social security benefits), and to appoint anyone, including my Agent, to act as my "Representative Payee" for the purpose of receivig, but not limited to, Social Security and Medicare; to prepare applications, provide information, and perform any other reasonable request by any government or its agencies in connection with governmeive, deposit, hold, demand, deal with and/or sue to recover all payments I receive from any annuity, pension, retirement benefits, retirement plans, insurance benefits and government program includince and annuity contracts, insurance policies, including life insurance upon my life or the life of any other appropriate person and to make any elections and disclaimers under such policies. 8. To recht to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me by reason of such transaction. 7. To apply for, purchase, maintain and/or deal with insuranent or deed for such transactions. This includes the right to sell or encumber any homestead that I now own or may own in the future; the right to remove tenants and to recover possession; and the rigth all, any part or any interest in any real or personal property or asset whatsoever, tangible or intangible (now owned or acquired in the future by me) and to execute any necessary document, instrum or use. 6. To maintain, manage, insure, lease, rent, sell, mortgage, improve, repair, exchange, invest, reinvest and in any other manner (on such terms and at prices my Agent may deem proper) deal wind demands whatsoever, whether agreed to or disputed, now due or due in the future, owned by, due, owing payable, or belonging to, me or in which I have or may hereafter acquire any interest, to have,l sums of money, accounts, debts, bonds, commercial papers, checks, drafts, causes of action, bequests, deposits, notes, interests, dividends, certificates of deposit, any and all documents of title a amount or debt owed to me. 4. To adjust, compromise and settle any claim, against me or asserted on my behalf against any other person or entity. 5. To receive, hold, possess and/or invest any and aland obligations and such other instruments in writing of whatever kind and nature as may be. -1- 3. To request, ask, demand, sue and take any and all legal steps necessary to recover and collect anyvings and loan, brokers, mutual fund companies or other institutions, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, lien, judgments, security agreements and other debts cuments, checks, drafts, letters of credit, stock certificates, proxies, warrants, commercial papers, withdrawal and deposit slips, certificates of deposit of, or investments with or through banks, saions, assignments, bills of sale or lading, bonds, contracts, covenants, conveyances, deeds, options, trust deeds, security agreements, leases, mortgages, notes, insurance policies, receipts, title donto binding contracts on my behalf and to sign, endorse and execute any written agreement and document necessary to enter into any such contract and/or agreement, including but not limited to applicatt's powers and authority shall include, but not be limited to: 1. To conduct, engage in, and transact any and all lawful business of whatever kind or nature, on my behalf and in my name. 2. To enter ieby ratify and confirm all acts that my Agent, or my Agent's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights hereby granted. My Agenre in connection with or relating to any person, item, transaction, thing, business, property, real or personal, tangible or intangible, or matter whatsoever as I could do if personally present. I hery-in-fact for me and in my name, and in my behalf. My Agent shall have full power and authority to perform any act, power, duty, legal right or obligation whatsoever that I now have or may later acqui______________ do hereby make and appoint ________________________________________ ("Agent") maintaining an address at: _____________________________________________________ my true and lawful attorneHIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. KNOW ALL PERSONS BY THESE PRESENTS: I, ____________________________________ ("Principal") maintaining an address at _________________________________UPON YOU. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE TRS ON YOUR BEHALF, INCLUDING THE POWER TO SELL, MORTGAGE OR DISPOSE OF YOUR PROPERTY. ANY SUCH ACTION UNDERTAKEN BY YOUR AGENT, WITHIN THE SCOPE OF THIS POWER OF ATTORNEY DOCUMENT, IS LEGALLY BINDING THIS DOCUMENT ARE BROAD AND SWEEPING. BEFORE SIGNING THIS DOCUMENT, CONSIDER ITS CONSEQUENCES. YOU ("GRANTOR") ARE PROVIDING ANOTHER PERSON ("AGENT") WITH THE POWER TO HANDLE BUSINESS AND LEGAL MATTEhe instructions included with the forms packages offered for sale, generally include state specific instructions. -2- DURABLE POWER OF ATTORNEY Effective Immediately (CAUTION): THE POWERS GRANTED BY Please note that this information is not intended as and is not a substitute for legal advice. Furthermore, this information is general information that is not state specific. Whenever appropriate, the Durable Power of Attorney to be recorded as a public record, if necessary. Although, some states don't require that a Durable Power of Attorney be witnessed, it is always a very good idea to do so.ire it, especially if the Agent will be dealing with any real property. Notarization will make it more difficult for any third party to challenge the validity of the Power of Attorney and will allow tment, will be legally binding upon the Grantor. The Grantor can revoke a Durable Power of Attorney at any time. A Durable Power of Attorney should always be notarized, even if your state does not requhe Agent should be a competent adult. A Power of Attorney is a "powerful" instrument and should be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney docus not used here to mean "lawyer". The person acting as the Attorney-In-Fact for the Principal does not need to be a lawyer. Almost anyone can be appointed an Attorney-In-Fact by a power of attorney. Tpacitated. This particular Form becomes effective immediately and remains in full force and effect even if the Principal (i.e. the Grantor) later becomes incapacitated. Note that the word "attorney" intally" competent person (called the "Principal" or "Grantor") to authorize someone else (called the "Agent" or "Attorney-InFact") to act on his or her behalf, even if the Principal later becomes incahese forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com -1- Information Durable Power of Attorney Effective Immediately A Durable Power of Attorney allows a natural "mearting point for you and should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. [_] The purchase and use of t At the bottom of the document, indicate the name and address of the person who prepared it. [_] These forms are not intended and are not a substitute for legal advice. These forms should only be a sty careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has the power to handle business and legal matters on the Principal's behalf. [_] access to the original document as needed. [_] The Principal should be careful in instructing the Agent (or attorney-in-fact) as to the tasks the Agent should complete. The Grantor should also be veresses should be adults. The Agent, the Agent's spouse or children, and the Notary should not be witnesses. [_] The Principal should keep the original document, as well as a copy. The Agent should havehe Durable Power of Attorney to be recorded as a public record, if necessary. [_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. The witn Principal (i.e. the Grantor) becomes subsequently incapacitated. [_] The Principal (i.e. the person granting the power of Attorney) should sign the document before a Notary. Notarization will allow t Durable Power of Attorney Effective Immediately; (3) Durable Power of Attorney Effective Immediately [_] This Durable Power of Attorney becomes effective immediately and remains effective even if theInstructions & Checklist Durable Power of Attorney Effective Immediately [_] This package contains (1) Instructions & Checklist for Durable Power of Attorney Effective Immediately; (2) Information for TennesseeTennessee ________________________________ Signature of person taking acknowledgment (Notary Public) _________________________________ Name typed, printed, or stamped -5- his _____ day of ____________________, ______ by __________________________ (name of Principal), who is personally known to me or who has produced ________________________________ as identification. ________________________ State: ___________________________________ State of __________________________ ) ) ss County of ________________________ ) The foregoing instrument was acknowledged before me t_ City: __________________________________ State: ___________________________________ Witness Signature: ___________________________________ Name: ___________________________________ City: _______________ (city), __________________________ (state). ________________________________ Signature of Principal Witness Signature: ___________________________________ Name: __________________________________acting under the authority of this Power of Attorney. I may revoke this Power of Attorney at any time by providing written notice to my Agent. Signed on ________________ (date), at ___________________l not be liable for losses resulting from judgment errors made in good faith. However, Agent will be liable for breach of fiduciary duty, failure to act in good faith and/or willful misconduct, while le Power of Attorney is terminated by operation of law, any person relying in good faith on the authority of this document, without notice of such termination, shall be held harmless. -4- Agent shal third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. If this Durabto a general power of appointment by my Agent. Any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the(a) my income to be taxable to my Agent; (b) my Agent to have any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) my assets to be subject er-ofattorney or as to the disposition of any proceeds paid to my Agent based on this document. The powers granted to my Agent by this power-of-attorney are limited to the extent necessary to prevent fected parts of the document shall still remain in full force and effect and not be affected by any partial invalidity. No person needs to inquire as to the reasons for the use or issuance of this powrict or limit the definition or scope of powers granted herein in any manner. If any part of this document is held to be invalid, illegal or unenforceable under applicable law, then the remaining unaf and all acts performed as my Agent. This Power of Attorney shall be construed as broadly as a General Power of Attorney. The listing of specific terms, rights, acts or powers are not intended to restn for any services provided as my Agent If so requested by myself or any authorized personal representative or fiduciary acting on my behalf, my Agent shall provide an accounting for all funds handledentitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney. If desired, my Agent shall also be entitled to reasonable compensatioe and evaluate information effectively, to communicate decisions, and/or to manage my financial resources and affairs properly, as certified in writing by a licensed medical doctor. My Agent shall be on my subsequent disability, incapacity or lack of mental competence, except as provided by any applicable statute. As used herein, "disability" or "incapacity" shall mean a lack of capacity to receivin writing by a licensed medical doctor. The rights, powers, and authority of this document shall remain in full force and effect thereafter until my death. This Power of Attorney shall not terminate rectly or indirectly to my Agent or my Agent's estate. This Durable Power of Attorney and all rights and powers therein shall become effective upon my subsequent disability or incapacity as certified any other person, estate, trust, or other entity, as may be appropriate. However, Agent may not disclaim assets, to -3- which I would be entitled, if the result is that the disclaimed assets pass diust created by me, if such trust exists at the time of such transfer. 17. To disclaim any interest (subject to other provisions of this document), which might be transferred or distributed to me from ions, including any obligations of support which my Agent may owe to others, excluding those whom I am legally obligated to support. 16. To transfer any of my assets to the trustee of any revocable trof appointment I may hold in favor of my Agent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, or (c) use any of my assets to discharge any of my Agent's legal obligatassign or designate any of my assets, interests or rights, directly or indirectly, to my Agent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, (b) exercise any powers ar year, and this annual right shall be non-cumulative and shall lapse at the end of each calendar year. However, my Agent may not, unless specifically authorized by this document, (a) gift, appoint, To Minors Act. Any gifts made shall be limited to gifts that qualify for the federal gift tax annual exclusion, shall not exceed in value the federal gift tax annual exclusion amount in any one calendt tax returns and documents. Gifts to minors may be made to the minor directly or parent, guardian or close friend of the minor or pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers angible or intangible property, to such persons or organizations without regard to whether such gifts are a part of my estate planning or otherwise, and if necessary, to file any state and federal gifncy, including governmental agencies, relating to tax matters and to negotiate, compromise or settle any matter with such agency. 15. To make gifts and charitable contributions of my real, personal, ther governmental body, including, but not limited to, federal, state, local or other income and tax returns and necessary and/or related documents; to obtain or provide information to and from any ageited to, attorneys, accountants, investment professionals, brokers and real estate agents. 14. To prepare, or cause to be prepared, sign, and/or file any documents with any federal, state, local or otess that I currently own or have an interest in or may own or have an interest in, in the future. 13. To employ any professional and/or business assistance as may be appropriate, including but not limcontents. 11. To exercise any and all rights, including proxy rights, with respect to stocks, bonds, debentures, commodities, options or any other investments. 12. To maintain and/or operate any businosit box, vault or other storage area owned or leased by me alone or in conjunction with any other person, including access to their contents, and to examine, remove, keep or otherwise dispose of the orm any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities. -2- 10. To have access to any safe depuments, obtaining bank statements, passbooks, drafts, warrants, money orders, certificates, cashier checks, cash or vouchers payable to me by any person, firm, corporation or political entity; to perfusiness with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instrhecking accounts, savings accounts, certificates of deposit, investment accounts, brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions; to conduct any banyone, including my Agent, to act as my "Representative Payee" for the purpose of receiving Social Security benefits. 9. To open, maintain and/or close bank accounts, including, but not limited to, c any other reasonable request by any government or its agencies in connection with governmental benefits (including but not limited to, medical, military and social security benefits), and to appoint retirement benefits, retirement plans, insurance benefits and government program including, but not limited to, Social Security and Medicare; to prepare applications, provide information, and performppropriate person and to make any elections and disclaimers under such policies. 8. To receive, deposit, hold, demand, deal with and/or sue to recover all payments I receive from any annuity, pension,y reason of such transaction. 7. To apply for, purchase, maintain and/or deal with insurance and annuity contracts, insurance policies, including life insurance upon my life or the life of any other a may own in the future; the right to remove tenants and to recover possession; and the right to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me b(now owned or acquired in the future by me) and to execute any necessary document, instrument or deed for such transactions. This includes the right to sell or encumber any homestead that I now own orest and in any other manner (on such terms and at prices my Agent may deem proper) deal with all, any part or any interest in any real or personal property or asset whatsoever, tangible or intangible le, or belonging to, me or in which I have or may hereafter acquire any interest, to have, or use. 6. To maintain, manage, insure, lease, rent, sell, mortgage, improve, repair, exchange, invest, reinvts, notes, interests, dividends, certificates of deposit, any and all documents of title and demands whatsoever, whether agreed to or disputed, now due or due in the future, owned by, due, owing payabst any other person or entity. -1- 5. To receive, hold, possess and/or invest any and all sums of money, accounts, debts, bonds, commercial papers, checks, drafts, causes of action, bequests, deposik, demand, sue and take any and all legal steps necessary to recover and collect any amount or debt owed to me. 4. To adjust, compromise and settle any claim, against me or asserted on my behalf againases, and satisfaction of mortgages, lien, judgments, security agreements and other debts and obligations and such other instruments in writing of whatever kind and nature as may be. 3. To request, asal and deposit slips, certificates of deposit of, or investments with or through banks, savings and loan, brokers, mutual fund companies or other institutions, proofs of loss, evidences of debts, releeds, security agreements, leases, mortgages, notes, insurance policies, receipts, title documents, checks, drafts, letters of credit, stock certificates, proxies, warrants, commercial papers, withdrawry to enter into any such contract and/or agreement, including but not limited to applications, assignments, bills of sale or lading, bonds, contracts, covenants, conveyances, deeds, options, trust deall lawful business of whatever kind or nature, on my behalf and in my name. 2. To enter into binding contracts on my behalf and to sign, endorse and execute any written agreement and document necessaause to be done by virtue of this power of attorney and the rights hereby granted. My Agent's powers and authority shall include, but not be limited to: 1. To conduct, engage in, and transact any and l, tangible or intangible, or matter whatsoever as I could do if personally present. I hereby ratify and confirm all acts that my Agent, or my Agent's substitute or substitutes, shall lawfully do or c act, power, duty, legal right or obligation whatsoever that I now have or may later acquire in connection with or relating to any person, item, transaction, thing, business, property, real or persona___________________________________ as my alternate or successor Agent, as necessary, to serve with the same powers, rights and discretions. My Agent shall have full power and authority to perform any-fact for me and in my name, and in my behalf. If the above named Agent is unable to serve for any reason, I appoint _____________________________________ maintaining an address at: ____________________________ do hereby make and appoint ________________________________________ ("Agent") maintaining an address at: _____________________________________________________ my true and lawful attorney-inLE POWER OF ATTORNEY Effective upon Disability KNOW ALL PERSONS BY THESE PRESENTS: I, ____________________________________ ("Principal") maintaining an address at _____________________________________revoke this power of attorney if you later wish to do so. AGENT: By accepting or acting under the appointment, the agent assumes the fiduciary and other legal responsibilities of an agent. -3- DURABbinding upon you. If you have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical and other health-care decisions for you. You may al matters on your behalf, including the power to sell, mortgage or dispose of your property. Any such action undertaken by your agent, within the scope of this power of attorney document, is legally of attorney document are broad and sweeping. Before signing this document, consider its consequences. You ("principal") are providing another person ("agent") with the power to handle business and legic. Whenever appropriate, the instructions included with the forms packages offered for sale, generally include state specific instructions. -2- CAUTION! PRINCIPAL: The Powers granted by this power any real estate in Florida. Please note that this information is not intended as and is not a substitute for legal advice. Furthermore, this information is general information that is not state specifcord, if necessary. Although, some states don't require that a Durable Power of Attorney be witnessed, it is always a very good idea to do so. Two witnesses are necessary, if the Agent will deal with eal property. Notarization will make it more difficult for any third party to challenge the validity of the Power of Attorney and will allow the Durable Power of Attorney to be recorded as a public reis unable to serve or continue to serve as the Agent. A Durable Power of Attorney should always be notarized, even if your state does not require it, especially if the Agent will be dealing with any r of Attorney takes effect only after the Principal becomes disabled or incompetent, an alternate Agent can be designated, at the time this Power of Attorney is signed, in the event the original Agent the Principal is incapacitated when the Power of Attorney goes into effect, or the Agent undertakes the acts. The Principal can revoke a Durable Power of Attorney at any time. Since this Durable Powernt and should be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney document, will be legally binding upon the Principal. This is especially important if n acting as the attorney-in-fact for the Principal does not need to be a lawyer. Almost anyone can be appointed an attorney-in-fact by a power of attorney. A Power of Attorney is a "powerful" instrumecipal later becomes incapacitated. This particular Form becomes effective upon the disability or incapacity of the Principal. Note that the word "attorney" is not used here to mean "lawyer". The perso allows a natural "mentally competent " person (called the "Principal" or "Principal") to authorize someone else (called the "Agent" or "AttorneyIn-Fact") to act on his or her behalf, even if the Prinase and use of these forms, is subject to the Disclaimers and Terms of Use found at findlegalforms.com -1- Information Durable Power of Attorney Effective upon Disability A Durable Power of Attorneyhould only be a starting point for you and should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating a document with another party. [_] The purchserve as the Agent. This section can be removed, deleted (and initialed) or the words "no one" can be entered. [_] These forms are not intended and are not a substitute for legal advice. These forms susiness and legal matters on the Principal's behalf. [_] This document offers the option of nominating an alternate Agent in the event that the first choice as Agent is unable to serve or continue to he Agent should complete. The Grantor should also be very careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has the power to handle bginal document, as well as a copy. The Agent should have access to the original document as needed. [_] The Principal should be careful in instructing the Agent (or attorney-in-fact) as to the tasks t real estate in Florida. The witnesses should be adults. Generally, anyone related by blood or marriage to the Principal, Agent or Notary should not be a witness. [_] The Principal should keep the oriecord, if necessary. [_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. Two witnesses are necessary if the Agent will be dealing with anyincipal. [_] The Principal (i.e. the person granting the Power of Attorney) should sign the document before a Notary. Notarization will allow the Durable Power of Attorney to be recorded as a public rtion for Durable Power of Attorney Effective upon Disability; (3) Durable Power of Attorney Effective upon Disability [_] This Durable Power of Attorney becomes effective upon the Disability of the PrInstructions & Checklist Durable Power of Attorney Effective upon Disability [_] This package contains (1) Instructions & Checklist for Durable Power of Attorney Effective upon Disability; (2) Informa TennesseeTennessee king acknowledgment (Notary Public) _________________________________ Name typed, printed, or stamped -5- ___________________ (name of Principal), who is personally known to me or who has produced ________________________________ as identification. _________________________________ Signature of person ta________ State of __________________________ ) ) ss County of ________________________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by _________________________________ Witness Signature: ___________________________________ Name: ___________________________________ City: __________________________________ State: ________________________________________________ Signature of Principal Witness Signature: ___________________________________ Name: ___________________________________ City: __________________________________ State: _________evoke this Power of Attorney at any time by providing written notice to my Agent. Signed on ________________ (date), at _______________________ (city), __________________________ (state). ___________e in good faith. However, Agent will be liable for breach of fiduciary duty, failure to act in good faith and/or willful misconduct, while acting under the authority of this Power of Attorney. I may rerson relying in good faith on the authority of this document, without notice of such termination, shall be held harmless. -4- Agent shall not be liable for losses resulting from judgment errors madto indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. If this General Power of Attorney is terminated by operation of law, any py who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) my assets to be subject to a general power of appointment by my Agent. Any third parto my Agent based on this document. The powers granted to my Agent by this power-of-attorney are limited to the extent necessary to prevent (a) my income to be taxable to my Agent; (b) my Agent to have and effect and not be affected by any partial invalidity. No person needs to inquire as to the reasons for the use or issuance of this power-ofattorney or as to the disposition of any proceeds paid tn in any manner. If any part of this document is held to be invalid, illegal or unenforceable under applicable law, then the remaining unaffected parts of the document shall still remain in full forcey shall be construed broadly as a General Power of Attorney. The listing of specific terms, rights, acts or powers are not intended to restrict or limit the definition or scope of powers granted herei myself or any authorized personal representative or fiduciary acting on my behalf, my Agent shall provide an accounting for all funds handled and all acts performed as my Agent. This Power of Attornered as a result of carrying out any provision of this Power of Attorney. If desired, my Agent shall also be entitled to reasonable compensation for any services provided as my Agent If so requested byd evaluate information effectively, to communicate decisions, and/or to manage my financial resources and affairs properly. My Agent shall be entitled to reimbursement of all reasonable expenses incur document shall remain in full force and effect thereafter until my death or until my disability or incapacity. As used herein, "disability" or "incapacity" shall mean a lack of capacity to receive an This General Power of Attorney and the rights, powers, and authority of my Agent shall become effective immediately upon execution of this instrument. The rights, powers, and -3- authority of this, as may be appropriate. However, Agent may not disclaim assets, to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent's estate.ime of such transfer. 17. To disclaim any interest (subject to other provisions of this document), which might be transferred or distributed to me from any other person, estate, trust, or other entity my Agent may owe to others, excluding those whom I am legally obligated to support. 16. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust exists at the tmy Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, or (c) use any of my assets to discharge any of my Agent's legal obligations, including any obligations of support whichor rights, directly or indirectly, to my Agent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, (b) exercise any powers of appointment I may hold in favor of my Agent, lative and shall lapse at the end of each calendar year. However, my Agent may not, unless specifically authorized by this document, (a) gift, appoint, assign or designate any of my assets, interests o gifts that qualify for the federal gift tax annual exclusion, shall not exceed in value the federal gift tax annual exclusion amount in any one calendar year, and this annual right shall be non-cumu be made to the minor directly or parent, guardian or close friend of the minor or pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers To Minors Act. Any gifts made shall be limited tor organizations without regard to whether such gifts are a part of my estate planning or otherwise, and if necessary, to file any state and federal gift tax returns and documents. Gifts to minors mayo tax matters and to negotiate, compromise or settle any matter with such agency. 15. To make gifts and charitable contributions of my real, personal, tangible or intangible property, to such persons d to, federal, state, local or other income and tax returns and necessary and/or related documents; to obtain or provide information to and from any agency, including governmental agencies, relating tessionals, brokers and real estate agents. 14. To prepare, or cause to be prepared, sign, and/or file any documents with any federal, state, local or other governmental body, including, but not limiteor may own or have an interest in, in the future. 13. To employ any professional and/or business assistance as may be appropriate, including but not limited to, attorneys, accountants, investment profg proxy rights, with respect to stocks, bonds, debentures, commodities, options or any other investments. -2- 12. To maintain and/or operate any business that I currently own or have an interest in by me alone or in conjunction with any other person, including access to their contents, and to examine, remove, keep or otherwise dispose of the contents. 11. To exercise any and all rights, includinl or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities. 10. To have access to any safe deposit box, vault or other storage area owned or leased afts, warrants, money orders, certificates, cashier checks, cash or vouchers payable to me by any person, firm, corporation or political entity; to perform any act necessary to deposit, negotiate, seln with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments, obtaining bank statements, passbooks, dr of deposit, investment accounts, brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions; to conduct any business with any banking or financial institutioentative Payee" for the purpose of receiving Social Security benefits. 9. To open, maintain and/or close bank accounts, including, but not limited to, checking accounts, savings accounts, certificatesor its agencies in connection with governmental benefits (including but not limited to, medical, military and social security benefits), and to appoint anyone, including my Agent, to act as my "Represe benefits and government program including, but not limited to, Social Security and Medicare; to prepare applications, provide information, and perform any other reasonable request by any government disclaimers under such policies. 8. To receive, deposit, hold, demand, deal with and/or sue to recover all payments I receive from any annuity, pension, retirement benefits, retirement plans, insurancurchase, maintain and/or deal with insurance and annuity contracts, insurance policies, including life insurance upon my life or the life of any other appropriate person and to make any elections and nts and to recover possession; and the right to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me by reason of such transaction. 7. To apply for, pto execute any necessary document, instrument or deed for such transactions. This includes the right to sell or encumber any homestead that I now own or may own in the future; the right to remove tenat prices my Agent may deem proper) deal with all, any part or any interest in any real or personal property or asset whatsoever, tangible or intangible (now owned or acquired in the future by me) and y hereafter acquire any interest, to have, or use. 6. To maintain, manage, insure, lease, rent, sell, mortgage, improve, repair, exchange, invest, reinvest and in any other manner (on such terms and ait, any and all documents of title and demands whatsoever, whether agreed to or disputed, now due or due -1- in the future, owned by, due, owing payable, or belonging to, me or in which I have or mald, possess and/or invest any and all sums of money, accounts, debts, bonds, commercial papers, checks, drafts, causes of action, bequests, deposits, notes, interests, dividends, certificates of deposnecessary to recover and collect any amount or debt owed to me. 4. To adjust, compromise and settle any claim, against me or asserted on my behalf against any other person or entity. 5. To receive, hoents, security agreements and other debts and obligations and such other instruments in writing of whatever kind and nature as may be. 3. To request, ask, demand, sue and take any and all legal steps , or investments with or through banks, savings and loan, brokers, mutual fund companies or other institutions, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, lien, judgmes, insurance policies, receipts, title documents, checks, drafts, letters of credit, stock certificates, proxies, warrants, commercial papers, withdrawal and deposit slips, certificates of deposit ofent, including but not limited to applications, assignments, bills of sale or lading, bonds, contracts, covenants, conveyances, deeds, options, trust deeds, security agreements, leases, mortgages, noton my behalf and in my name. 2. To enter into binding contracts on my behalf and to sign, endorse and execute any written agreement and document necessary to enter into any such contract and/or agreemney and the rights hereby granted. My Agent's powers and authority shall include, but not be limited to: 1. To conduct, engage in, and transact any and all lawful business of whatever kind or nature, as I could do if personally present. I hereby ratify and confirm all acts that my Agent, or my Agent's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attortsoever that I now have or may later acquire in connection with or relating to any person, item, transaction, thing, business, property, real or personal, tangible or intangible, or matter whatsoever _______________ my true and lawful attorney-in-fact for me and in my name, and in my behalf. My Agent shall have full power and authority to perform any act, power, duty, legal right or obligation whadress at _______________________________________________ do hereby make and appoint ________________________________________ ("Agent") maintaining an address at: ______________________________________ the fiduciary and other legal responsibilities of an agent. -3- GENERAL POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: I, ____________________________________ ("Principal") maintaining an adnyone to make medical and other health-care decisions for you. You may revoke this power of attorney if you later wish to do so. AGENT: By accepting or acting under the appointment, the agent assumesagent, within the scope of this power of attorney document, is legally binding upon you. If you have any questions about these powers, obtain competent legal advice. This document does not authorize ading another person ("agent") with the power to handle business and legal matters on your behalf, including the power to sell, mortgage or dispose of your property. Any such action undertaken by your structions. -2- CAUTION! PRINCIPAL: The Powers granted by this power of attorney document are broad and sweeping. Before signing this document, consider its consequences. You ("principal") are provirmore, this information is general information that is not state specific. Whenever appropriate, the instructions included with the forms packages offered for sale, generally include state specific inalforms.com as well), stays in effect even if the Grantor later becomes disabled or incapacitated. Please note that this information is not intended as and is not a substitute for legal advice. Furthestates don't require that a General Power of Attorney be witnessed, it is always a very good idea to do so. Another type of Power of Attorney, called a Durable Power of Attorneys (available at findlege it more difficult for any third party to challenge the validity of the Power of Attorney and will allow the General Power of Attorney to be recorded as a public record, if necessary. Although, some orney at any time. A General Power of Attorney should always be notarized, even if your state does not require it, especially if the Agent will be dealing with any real property. Notarization will makld be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney document, will be legally binding upon the Grantor. The Grantor can revoke a General Power of Att does not need to be a lawyer. Almost anyone can be appointed an Attorney-In-Fact by a power of attorney. The Agent should be a competent adult. A Power of Attorney is a "powerful" instrument and shoueath of the Grantor or until the Grantor becomes disabled or incapacitated. Note that the word "attorney" is not used here to mean "lawyer". The person acting as the Attorney-In-Fact for the Principalpal" or "Grantor") to authorize someone else (called the "Agent" or "Attorney-InFact") to act on his or her behalf. This particular Form becomes effective immediately and remains effective until the dto the Disclaimers and Terms of Use found at findlegalforms.com -1- Information General Power of Attorney A General Power of Attorney allows a natural "mentally" competent person (called the "Princind should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. [_] The purchase and use of these forms is subject power to handle business and legal matters on the Principal's behalf. [_] These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you a as to the tasks the Agent should complete. The Grantor should also be very careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has thehould keep the original document, as well as a copy. The Agent should have access to the original document as needed. [_] The Principal should be careful in instructing the Agent (or attorney-in-fact)g with any real estate in Florida. The witnesses should be adults. Generally, anyone related by blood or marriage to the Principal, the Agent or the Notary should not be a witness. [_] The Principal sa public record, if necessary. [_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. Two witnesses are necessary if the Agent will be dealinncipal (i.e. the person granting the Power of Attorney; sometimes called the Grantor) should sign the document before a Notary. Notarization will allow the General Power of Attorney to be recorded as er of Attorney [_] This General Power of Attorney becomes effective immediately and remains effective until the death of the Grantor or until the Grantor becomes disabled or incapacitated. [_] The PriInstructions & Checklist General Power of Attorney [_] This package contains (1) Instructions & Checklist for General Power of Attorney; (2) Information for General Power of Attorney; (3) General Pow TennesseeTennessee -proved Will Affidavit [SEAL] _______ , __________________________ , and ___________________________________ witnesses, this _______ day of __________________, 20____. __________________________________________ Notary public Self__ Subscribed, sworn, and acknowledged before me ________________________________ a notary public, and by _________________________________________, the testatrix, and by ______________________________ Address: ______________________________________ _____________________________________________ (Witness) Print Name: ___________________________________ Address: ____________________________________s) Print Name: ___________________________________ Address: ______________________________________ _____________________________________________ (Witness) Print Name: _________________________________ and that each witness is over 18 years of age and otherwise competent to be a witness. _____________________________________________ (Testatrix) _____________________________________________ (Witnesestatrix, 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 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 t 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 anothere 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 OF ________________________ We, ________________________________, and _______________________________, and ________________________________ and ________________________________, the testatrix and th_______________ Initials: __________ Testatrix/Wife __________ Witness __________ __________ Witness Witness Page 9 of ______ Self-Proved Will Affidavit STATE OF __________________________ COUNTY___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ _______________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Name: Address: City: State: Witness Signature: Name: Address: City: State: ___________________________________ ___________________________________ ___________________________________ ________________e 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:tor'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 agestator'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 date shown above. We understand this is the Testaas 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 Tare 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, wuld not receive assets under this Will.) Initials: __________ Testatrix/Wife __________ Witness __________ __________ Witness Witness Page 8 of ______ We, the undersigned, hereby certify and decl___________ Name: _________________________________________ (Notice to Witnesses: Three (3) adults must sign as witnesses. Each witness must read the following clause before signing. The witnesses sholegal age and sound mind, that I make this under no constraint or undue influence and ask the Witnesses named below to witness my signature. Testator's Signature: ____________________________________S 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 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 it's Codicils, except where otherwise directed by law. IN WITNES 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 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 Husbandthe 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 ispated, 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 ive 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 anticiconduct 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 respect and all claims or expenses 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 ary 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 anybutions 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 fiduciials: __________ Testatrix/Wife __________ Witness __________ __________ Witness Witness Page 7 of ______ 2. Thirty Day Survival Requirement. For the purposes of determining the appropriate distril 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. Initnd 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" shalreference 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, a 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 ng 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 than an impartial 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 bindineficiaries, 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 otherscretion. 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 be 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 dible 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 shallon 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 reasonae 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 up 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 thot 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,tials: __________ Testatrix/Wife __________ Witness __________ __________ Witness Witness Page 6 of ______ conclusive and binding upon all the beneficiaries hereof. The Executor or Trustee shall n 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 Inin Executor'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,t 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, ibe 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 withoued 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 or assets 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 deemn 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 de 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 iy 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 decialue 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 mose 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 vof 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 purpe. 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 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 estat 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 parthe 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 Witness __________ __________ Witness Witness Page 5 of ______ therefrom; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in t 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 Initials: __________ Testatrix/Wife __________, 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 chargeterms, 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, mortgagesange, 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 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, exchisting 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 grantede 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 exestate without adjudication, order or direction of the court having jurisdiction over my estate, using "informal," "unsupervised," or "independent" probate or equivalent legislation designed to operatportion 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 ecutor 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 ____, 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 Exchild(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 _______________________________d(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 itness Page 4 of ______ 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 chileighteen years, I appoint ___________________________________, as the Guardian of my minor child(ren). If such Initials: __________ Testatrix/Wife __________ Witness __________ __________ Witness Wciary's 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 under. 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 benefi____________________________, , 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 heret ___________________________________, 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 _______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 I appoined 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 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 occurrovision 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 ofing 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. this pr 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 owny 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 toen 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 anminor 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, thong 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 ___ __________ Witness Witness Page 3 of ______ 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 aminate and the Trustee shall give that child any remaining income and principal of the Trust. If any of my child(ren) should die before Initials: __________ Testatrix/Wife __________ Witness _______ld 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 term 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 chideducted 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 isaid 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 e, 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 pration 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 maintenancn 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 the administ, 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 childre 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, healthssed 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_________ 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 pastribution 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 ___ustee 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 diany 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, trxcept 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 _____ __________ Witness Witness Page 2 of ______ the laws of the State of ____________________, then in effect, as if I had died intestate at the time fixed for distribution under this provision. Et survive me, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under Initials: __________ Testatrix/Wife __________ Witness ___________________________ (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 noe and any other property not otherwise disposed of by this Will, shall be distributed to: ______________________________________________________________ _______________________________________________s, then that child's 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 estatd 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 descendant__________________________ _____________________________________________________________________(name(s)), while trying to maintain regard for each child's preference. Each share created for a decease 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) _________________________________________duary 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 surviveidence 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. Residistributed to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. Primary Residence My interest in my primary rested to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be __________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be distriburty. ARTICLE IV DISPOSITION OF PROPERTY Specific Bequests I direct that the following specific bequests be made from my estate. _____________________________________________ shall be distributed to _able 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 propehe taxes. Initials: __________ Testatrix/Wife __________ Witness __________ __________ Witness Witness Page 1 of ______ This direction shall not extend to or include any such taxes that may be paye 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 tnder 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. Ththe 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 und 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 S 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 a 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 DEBT 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_________________ Name: ____________________________________________ Born on _________________ Name: ____________________________________________ Born on _________________ ARTICLE II FUNERAL & BURIAL husband). All references to "my Husband" refer to _____________________________________ (name of husband). I have the following child(ren): Name: ____________________________________________ Born on oke 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 ofed Will Affidavit [SEAL] Last Will And Testament Of ______________________ I, _________________________________________ (name), of ____________________ (county), _______________________ (state), rev__ , __________________________ , and ___________________________________ witnesses, this _______ day of __________________, 20____. __________________________________________ Notary public Self-provSubscribed, sworn, and acknowledged before me ________________________________ a notary public, and by _________________________________________, the testator, and by _________________________________ddress: ______________________________________ _____________________________________________ (Witness) Print Name: ___________________________________ Address: ______________________________________ rint Name: ___________________________________ Address: ______________________________________ _____________________________________________ (Witness) Print Name: ___________________________________ Ad that each witness is over 18 years of age and otherwise competent to be a witness. _____________________________________________ (Testator) _____________________________________________ (Witness) Pstator, 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 aner 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 teclare 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 anothnd 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, deCOUNTY OF ________________________ We, ________________________________, and _______________________________, and ________________________________ and ________________________________, the testator a___________________________ Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 9 of ______ Self-Proved Will Affidavit STATE OF __________________________ ___________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ _______________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ________________________s Signature: Name: Address: City: State: Witness Signature: Name: Address: City: State: ___________________________________ ___________________________________ ___________________________________ ____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: Witnesis 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 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 date shown above. We understand this ignatures, 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 ify 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 s The witnesses should not receive assets under this Will.) Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 8 of ______ We, the undersigned, hereby cert_____________________________ Name: _________________________________________ (Notice to Witnesses: Three (3) adults must sign as witnesses. Each witness must read the following clause before signing.ent, 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. Testator's Signature: __________________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 Testamed 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 ctive. 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 diIf 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 effee, 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. 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 spous 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 ons 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 ofify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or non-actiiability 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 indemntermining 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. Lrt order granting such adoption. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 7 of ______ 2. Thirty Day Survival Requirement. For the purposes of dehe 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 coull 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 Tagraphs 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 shar. 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 paruthority 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 whomsoeveoregoing, be considered as being other than an impartial exercise of their duties hereunder or as not being maintenance of an even-hand among the beneficiaries and all such exercise of their powers, aether 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 fs 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, whl 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 representativeble. 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 professionansideration 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 advisa 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 coting 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 businessereof. 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 resul of discretion by the Executor shall be Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 6 of ______ conclusive and binding upon all the beneficiaries h 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 exercisey so used. 8. Make or refrain from making, in Executor's or Trustee's absolute discretion, any elections, determinations, and designations permitted by any statute or regulation enacted by the federalthout 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 propertnterest 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, wiestments 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 in property. 6. Retain any of my investments or assets 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 invibution 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 is 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 distrcall 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 a 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, f 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,tate 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 oistence 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 esestate 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 exalterations, 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 perty 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, e Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 5 of ______ therefrom; and pay the taxes and expenses thereof, including the cost of keeping such prois 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 incompower 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 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 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 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 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, andobate 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 he 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" pronal 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, t_______________________________________, 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 Perst 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 ___________nted 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 appoin__________, 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 appoi___ Witness __________ __________ Witness Witness Page 4 of ______ person cannot, does not or is unable to serve or continue to serve as Guardian for any reason, I appoint _________________________n 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 Initials: __________ Testator _______he Trustee may provide such accounting to that beneficiary's Guardian, Conservator or Trustee. ARTICLE VII GUARDIAN If my Wife predeceases me or if it becomes otherwise necessary to appoint a Guardia 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, te 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 oror 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 continuold the distribution of any income or principal 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 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 withhr 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 e, 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 fof 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, creditor's claim, seizuris 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 oof 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 ch 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 _________ 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 sur 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 ____tials: __________ Testator __________ Witness __________ __________ Witness Witness Page 3 of ______ receiving the whole of his or her share under the Trust created by this Will, then such share o 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 Iniage 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 youngestrust 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 ility 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 Ted 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 availabe 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 defin 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 thn 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 Trustee's discretion, the Trust assets may be convertedisions 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 pensio 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 provby. 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, (hereinme 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 thereonsider 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 tito 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 cn 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 state 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 i under Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 2 of ______ the laws of the State of ____________________, then in effect, as if I had died inteal 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______________________ _____________________________________________________________________ (name(s) of beneficiary(ies)). If more than one beneficiary is named, then the distribution shall be in equf 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: ________________________________________ild, per stirpes. If any child predeceases me and leaves no descendants, then that child's share shall be distributed equally among any surviving child(ren) or their descendants per stirpes. If none on regard for each child's 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 chs to my child(ren) _____________________________________________________________________________ _____________________________________________________________________(name(s)), while trying to maintai_______________________________. 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 stirpethis 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. h 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, iduary estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed witstate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my res____________________________________________ shall be distributed to ___________________________________. If this beneficiary does not survive me, this bequest shall be distributed with my residuary eor 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. _irection 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 cutor shall not seek reimbursement from any beneficiary for the payment of the taxes. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 1 of ______ This dnefit 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 Exees 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 be 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 taxharged 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 ofe 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 cburial 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 statut________________________ 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 llowing child(ren): Name: ____________________________________________ Born on _________________ Name: ____________________________________________ Born on _________________ Name: ____________________HILDREN I am married to __________________________________________________ (name of wife). All references to "my Wife" refer to __________________________________________ (name of wife). I have the fo____ (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 & Cers. Any possible tax consequences arising out of this document should be discussed with a tax professional. Last Will And Testament Of ______________________ I, _____________________________________uld 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 matt 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 shown 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 (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 o 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); partnershipvel, 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. your estate approaches or exceeds $1,500,000 in value, the greater your need for professional estate tax planning advice. If your assets Information about Wills ­ Page 2 come near the $1,500,000 leamount 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. Asupon the death of an individual, there is a credit against the estate tax otherwise due on a portion of the value of an individual's estate. For a person dying in 2005, that credit is $1,500,000. The 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 ing, 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 he 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-provhose 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 ttates 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 tilable 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 s 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 avals 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 signingit 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 wilving affidavit, which contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notary, that all required formalities were observed when the Will was signed. The Affidavions (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-proe 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 designatund at findlegalforms.com Information about Wills 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 thg 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 fond 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 planninpleteness. 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 al 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 comls 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 locantages equal 100%. Check the totals before signing the Will. Checklist & Instructions ­ Page 5 State and federal laws which affect estate planning can vary over time and from place to place. All wilstate. 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 beneficiary's percehe 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 erely new Will should be signed. New wills are commonly necessary when, for example, the Testator's/Testatrix's marital status changes, if the Testator has a child or if a named beneficiary or one of t 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 entithe 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 modifyance 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 t. 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 insurnamed 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 contracses, 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 t a bank or lawyer's 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 purpoling 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 ancial 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 wiln 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 finahe 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 ill. The Affidavit contains the Testator's/Testatrix's acknowledgment and the affidavit of the witnesses, made before a Notary or other person authorized to take acknowledgments and administer oaths. Tl itself. Checklist & Instructions ­ Page 4 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 Withe 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 Wilctual 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 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 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 ough 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 aed 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. Althre signing the Will, the Testator/Testatrix 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 neple 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. Befootection if the signature of one 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 exam, 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 prsigning 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 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 rmalities 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 fill out: name of state; pages; name of testator; and witness signatures and info number of Affidavit: The enclosed Affidavit (although technically not part of the Will) states that all required foneous death of both husband and wife. Checklist & Instructions ­ Page 3 Signature Block: Testator needs to fill out: name day month year city; signature; and Witnesses: Witnesses must provide andith 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 simultaiaries 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 wible 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 beneficalternate 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 respons: Deals with the appointment of the Testator's/Testatrix's Personal Representative (i.e. Executor) and alternate; It allows the Testator/Testatrix to name an Executor to administer the estate, and an ix 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 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/Testatran 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; andtion); and state under whose laws the will is made. Article VI: Deals with appointment of Trustee and Trustee's specific duties/responsibilities. It allows the Testator/Testatrix to name a person and tor/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 secase 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 Testathe 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 predecey property is given to (three blank paragraphs are provided, but you can add as many as you need); name of Spouse to whom Testator's interest in any primary residence is given; name of Spouse to whom ix 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/entitArticle III: Authorizes payments of debts and expenses. Checklist & Instructions ­ Page 2 Article IV: Disposes of specific property, primary residence and residuary property. Allows Testator/Testatr 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. rovide 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)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 pided 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 e 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 divatrix 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 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. This Will also allows the Testator/Tests 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 Testator's death and the spousvit. 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 simultaneou. 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 affidaout Wills; (3) Husband's Mutual Will for ­ Married Couple with Minor Children with self-proved affidavit; and (4) Wife's Mutual Will for ­ Married Couple with Minor Children with self-proved affidavitChecklist and Instructions Mutual Will - Married Couple with Minor Children This packet includes: (1) Checklist and Instruction for Mutual Will ­ Married Couple with Minor Children; (2) Information ab TennesseeTennessee _____________________________________________________________ Notary Public My Commission Expires: __________________________ 3 _________, the declarant, and subscribed and sworn to before me by ________________________________ and _____________________________________, witnesses, this ______ day of ____________, 20____. __________________________________________________________ Witness STATE OF TENNESSEE ) ) ) COUNTY OF _____________________ ) Subscribed, sworn to and acknowledged before me by ________________________the 2 present time, have a claim against any portion of the estate of the declarant upon the declarant's death. _________________________________________________________________ Witness ___________ion of law then existing; that we are not the attending physician, an employee of the attending physician or a health facility in which the declarant is a patient; and that we are not persons who, at he declarant by blood or marriage; that we are not entitled to any portion of the estate of the declarant upon the declarant's decease under any will or codicil thereto presently existing or by operatclarant, an adult, whom we believe to be of sound mind, fully aware of the action taken herein and its possible consequence. We, the undersigned witnesses, further declare that we are not related to t____________________________________________________ Declarant's Signature We, the subscribing witnesses hereto, are personally acquainted with and subscribe our names hereto at the request of the deand I am emotionally and mentally competent to make this declaration. In acknowledgment whereof, I do hereinafter affix my signature on this the ___________ day of ____________, 20_____ ____________________________________________________________________________________ ____________________________________________________________________________ I understand the full import of this declaration, INSTRUCTIONS (optional ­ or cross out): ____________________________________________________________________________ ____________________________________________________________________________ _____ and accept the consequences of such refusal. The definitions of terms used herein shall be as set forth in the Tennessee Right to Natural Death Act, Tennessee Code Annotated, § 32-11-103. ADDITIONALlity to give directions regarding my medical care, it is my intention that this declaration shall be honored by my family and physician as the final expression of my legal right to refuse medical care_________________________________. (Insert specific organs and/or tissues for transplantation) ____________ DO NOT desire to donate my organs or tissues for transplantation. In the absence of my abins and/or tissues. By checking the appropriate line below, I specifically: ____________ Desire to donate my organs and/or tissues for transplantation. 1 ____________ Desire to donate my ____________rmined dead according to Tennessee Code Annotated, § 68-3-501(b), to maintain me on artificial support systems only for the period of time required to maintain the viability of and to remove such orgaated below I have expressed my desire to donate my organs and/or tissues for transplantation, or any of them as specifically designa ted herein, I do direct my attending physician, if I have been deteided food, water or other nourishment or fluids. ORGAN DONOR CERTIFICATION: Notwithstanding my previous declaration relative to the withholding or withdrawal of lifeprolonging procedures, if as indic_________ Authorize the withholding or withdrawal of artificially provided food, water or other nourishment or fluids. ____________ DO NOT authorize the withholding or withdrawal of artificially prov medical procedure deemed necessary to provide me with comfortable care or to alleviate pain. ARTIFICIALLY PROVIDED NOURISHMENT AND FLUIDS: By checking the appropriate line below, I specifically: ___ustaining life, or the life process, I direct that medical care be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medications or the performance of anyo reasonable medical expectation of recovery and which, as a medical probability, will result in my death, regardless of the use or discontinuance of medical treatment implemented for the purpose of sall not be artificially prolonged under the circumstances set forth below, and do hereby declare: If at any time I should have a terminal condition and my attending physician has determined there is naimers and Terms of Use found at findlegalforms.com Living Will DECLARATION I, _______________________________________________________, willfully and voluntarily make known my desire that my dying shng 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 Disclarting 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 dealilegal 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 strd by the attending physician. [_] 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 declarant, dated and signed by the declarant. (2) By oral statement or revocation made by the declarant to the attending physician. Such revocation shall be made a part of the declarant's medical recoental state or competency, by any of the following methods, effectively communicated by the declarant to the attending physician or other concerned health care provider: (1) Written revocation by the to accept, refuse, or withdraw medical care. (form included below) 32-11-106. Revocation of declaration. A declaration may be revoked at any time by the declarant, without regard to the declarant's mof the declarant's medical record. 32-11-105. Form of declaration. The declaration may be substantially in the following form, but not to the exclusion of other written and clear expressions of intenttending physician and/or other Living Information & Instructions ­ Page 3 concerned health care provider. An attending physician who is so notified shall make the declaration, or a copy of it, part ntially in the form established in § 32-11-105. (b) It is the responsibility of the declarant or someone acting on the declarant's behalf to deliver a copy of such living will or declaration to the at physician nor an employee of a health facility in which the declarant is a patient, and neither of them has a claim against any portion of the estate of the declarant. The declaration shall be substathe declarant's demise under any will or codicil thereto made by the declarant. In addition, the witnesses shall verify that neither of them is the attending physician nor an employee of the attending witnesses who shall verify in such declaration that they are not related to the declarant by blood or marriage, and that they would not be entitled to any portion of the estate of the declarant upon the withholding or withdrawal of medical care to such person, to become effective on loss of competency, which declaration shall be acknowledged and signed by the declarant in the presence of two (2)n of death pursuant to § 68-3-501(b)(1), and following removal from artificial support systems. 32-11-104. Execution of declaration. (a) Any competent adult person may execute a declaration directing use or discontinuance of medical treatment implemented for the purpose of sustaining life, or the life processes; and (10) "Tissue donation" means a procedure to recover tissue following a declaratiote, sustained by any human being, from which there is no reasonable medical expectation of recovery and which, as a medical probability, will result in the death of such human being, regardless of the to practice medical care under title 63, chapters 6 and 9; (9) "Terminal condition" means any disease, illness, injury or condition, including, but not limited to, a coma or persistent vegetative sta. These also include, but are not limited to, sedatives and pain-killing drugs, nonartificial oral feeding, suction, hydration and hygienic care; (8) "Physician" means any person licensed or permitted, but prior to removal from artificial support systems; and (7) "Palliative care" includes any measure taken by a physician or health care provider designed primarily to maintain the patient's comfortal of artificially provided food, water or other nourishment or fluids"; (6) "Organ donation" means a procedure to recover vascular organs following a declaration of death pursuant to § 68-3-501(b)(2)the provisions of the instrument which creates a living will or durable power of attorney for health care include the following or substantially the following: "I authorize the withholding or withdrawe or supplant vital body function. This part shall not be interpreted to allow the withholding or withdrawal of simple nourishment or fluids so as to condone death by starvation or dehydration unless ing of nourishment, hydration or other basic nutrients, regardless of the method used; radiation therapy; or any other medical act designed for diagnosis, assessment or treatment or to sustain, restore include, but are not limited to: surgery; drugs; transfusions; mechanical ventilation; dialysis; Living Information & Instructions ­ Page 2 cardiopulmonary resuscitation; artificial or forced feedation and body disposal; (5) "Medical care" includes any procedure or treatment rendered by a physician or health care provider designed to diagnose, assess or treat a disease, illness or injury. Thes4) "Living will" means a written declaration, pursuant to this chapter, stating declarant's desires for medical care or non-care, including palliative care, and other related matters such as organ don provisions of this chapter; (3) "Health care provider," "health care facility" or "health facility" means a person, facility or institution licensed or authorized to provide health or medical care; (an individual who is able to understand and appreciate the nature and consequences of a decision to accept or refuse treatment; (2) "Declarant" means an individual who declares a living will under theclaration, called a "living will," as hereinafter provided. 32-11-103. Definitions. The following definitions shall govern the construction and operation of this chapter: (1) "Competent person" means ntation and to provide mechanisms for ind ividuals to express their desire to donate their organs and/or tissues. (b) The general assembly does further empower the exercise of this right by written deliative care and the use of extraordinary procedures and treatment. The general assembly further declares that it is in the public interest to facilitate recovery of organs and/or tissues for transplawith as much dignity as circumstances permit and to accept, refuse, withdraw from, or otherwise control decisions relating to the rendering of the person's own medical care, specifically including pal to Living Wills. 32-11-102. Legislative intent. (a) The general assembly declares it to be the law of the state of Tennessee that every person has the fundamental and inherent right to die naturally ing Will. This Tennessee Living Will is based on Tennessee Statutes Title 32 Chapter 11 Section 102 et. Seq. For your convenience, we have included useful excerpts from the Tennessee Statutes relating____________________________ (Notary Public) -3- Information and Instructions Tennessee Living Will This package contains (1) Information and Instruction for Tennessee Living Will; (2) Tennessee Liv________, the declarant, and subscribed and sworn to before me by ______________________________ and_____________________________________, witnesses, this ______ day of ____________, 20_____. _______d name: __________________________________________________ Address: ______________________________________________________ Subscribed, sworn to and acknowledged before me by _________________________nted name: __________________________________________________ Address: ______________________________________________________ Second witness' signature: _______________________________________ Printee estate of the principal upon the death of the principal under a will or codicil thereto now existing, or by operation of law. First witness' signature: _________________________________________ Prie, I do not, at the present time, have a claim against any portion of the estate of the principal upon the principal's death; and that, to the best of my knowledge, I am not entitled to any part of thof a health care institution nor an employee of an operator of a health care institution; that I am not related to the principal by blood, marriage, or adoption; that, to the best of my -2- knowledgno duress, fraud or undue influence; that I am not the person appointed as attorney in fact by this document; that I am not a health care provider, an employee of a health care provider, the operator o signed this document is personally known to me to be the principal; that the principal signed this durable power of attorney in my presence; that the principal appears to be of sound mind and under his ____ day of__________, 20 ____. ___________________________________ (Signature of Principal) WITNESS DECLARATION I declare under penalty of perjury under the laws of Tennessee that the person why own medical decisions is to be made by my attorney- in-fact, or if he or she is unable, unwilling or unavailable to act, by my alternate attorney- in- fact. IN WITNESS WHEREOF, I have set my hand t power of attorney becomes effective when I can no longer make my own medical decisions and shall not be affected by my subsequent disability or incompetence. The determination of whether I can make mlaw) for me, including decisions to withhold or withdraw any form of life support. I expressly authorize my agent (and alternate agent) to make decisions for me about tube feeding and medication. Thise attorney- in-fact) I have discussed my wishes with my attorney- in- fact and my alternate attorney-in- fact, and authorize him/her to make all and any health care decisions (as defined by Tennessee _________________ (name of alternate attorney- in-fact) of _______________________________________________ _________________________________________________________. (address and telephone of alternats with respect to medical treatment. In the event the person I appoint above is unable, unwilling or unavailable to act as my health care agent, I hereby appoint: ________________________________________ (address and telephone of attorney- in- fact) as my attorney- in- fact to have the authority hereinafter set forth in order to express and carry out my specific and general instructions and desire executing this document. I hereby appoint: ____________________________________________________________ (name of attorney- infact) of _________________________________________________________________f __________________________________________________________, (address) state and affirm that I am an adult of sound mind and have read the foregoing paragraphs concerning the legal consequences of myn this document that you do not understand, you should ask an attorney to explain it to you. -1- Power of Attorney I, _________________________________________________________, (name of principal) o authorize an autopsy; (2) donate your body or parts thereof for transplant or therapeutic or educational or scientific purposes; and (3) direct the disposition of your remains. If there is anything il records and to consent to their disclosure unless you limit this right in this document. Unless you otherwise specify in this document, this document gives your agent the power after you die to: (1)thority of your agent by notifying your agent or your treating physician, hospital or other health care provider orally or in writing of the revocation. Your agent has the right to examine your medicaagent to make health care decisions for you if your agent: (1) authorizes anything that is illegal; or (2) acts contrary to your desires as stated in this document. You have the right to revoke the auwer is subject to any limitations that you include in this document. You may state in this document any types of treatment that you do not desire. In addition, a court can take away the power of your gives your agent authority to consent, to refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose or treat a physical or mental condition. This poicular decision. In addition, no treatment may be given to you over your objection, and health care necessary to keep you alive may not be stopped or withheld if you object at the time. This document sary to keep you alive. Notwithstanding this document, you have the right to make medical and other health care decisions for yourself so long as you can give informed consent with respect to the partesires as stated in this document. Except as you otherwise specify in this document, this document gives your agent the power to consent to your doctor not giving treatment or stopping treatment necesw these important facts. This document gives the person you designate as your agent (the attorney in fact) the power to make health care decisions for you. Your agent must act consistently with your d of Use found at findlegalforms.com -5- Power of Attorney for Health Care WARNING TO PERSON EXECUTING THIS DOCUMENT This is an important legal Document. Before executing this document you should knoh another party. 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 Termst. Before using or signing this document you should have an attorney review it to make sure it fits your particular situation. You should also consult an attorney whenever a document is negotiated witte 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 without consulting with an attorney firsr 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 substitumay be terminated or revoked only pursuant to this section and shall not be affected by the existence of a living will executed by the principal. [_] These forms are provided "as is" and no implied o power of attorney unless the person has actual knowledge of the revocation. (g) The authority of an attorney in fact acting under a durable power of attorney for health care as provided in this part ted by a durable power of attorney for health care is revoked under this section, a person is not subject to criminal prosecution or civil liability for acting in good faith reliance upon such durablerriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as an attorney in fact to make health care decisions for the principal. (f) If authority granattorney for health care. -4- (e) Unless the durable power of attorney for health care expressly provides otherwise, if after executing a durable power of attorney for health care the principal's maor health care. This presumption is a presumption affecting the burden of proof. (d) Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of al's medical records and shall make a reasonable effort to notify the attorney in fact of the revocation. (c) It is presumed that the principal has the capacity to revoke a durable power of attorney fre provider orally or in writing that the authority granted to the attorney in fact to make health care decisions is revoked, the health care provider shall make the notification a part of the principiting; or (2) Revoke the authority granted to the attorney in fact to make health care decisions by notifying the health care provider orally or in writing. (b) If the principal notifies the health caorney for health care, do any of the following: (1) Revoke the appointment of the attorney in fact under the durable power of attorney for health care by notifying the attorney in fact orally or in wrocument shall not affect the validity of the document (see enclosed notice found at the beginning of the document): 34-6-207. Revocation. (a) The principal may, after executing a durable power of att the principal prepares a durable power of attorney for health care for the principal, the document shall contain the following warning statement. The failure to include the warning statement in the dade by the attorney in fact permitting the principal to die naturally with only the administration of palliative care as defined in § 32-11-103(6). 34-6-205. Warning Statement. If a person other thanf attorney may make health care decisions as provided in this part for the principal who has a terminal condition as defined in § 32-11103(9). The decision to withhold or withdraw health care may be mthe making of health care decisions on behalf of the principal. (d) Subject to any limitations in the durable power of attorney for health care, the attorney in fact designated in such durable power otitle 68, chapter 4. (c) Nothing in this part affects any right the person designated as attorney in fact may have, apart from the durable power of attorney for health care, to make or participate in mpiled in title 68, chapter 30; -3- (2) Authorizing an autopsy pursuant to the Post Mortem Examination Act, compiled in title 38, chapter 7; and (3) Directing the disposition of remains pursuant to me extent as the principal could make health care decisions for such principal if the principal had the capacity to do so, including: (1) Making a disposition under the Uniform Anatomical Gift Act, cor of attorney for health care, the attorney in fact designated in such durable power of attorney may make health care decisions for the principal, before or after the death of the principal, to the saof Attorney Act, compiled in part 1 of this chapter, which authorizes the fiduciary to revoke or amend a power of attorney created by the princ ipal. (b) Subject to any limitations in the durable powent; nor (ii) Replace the attorney in fact designated in such durable power of attorney. (B) The provisions of this subdivision (a)(2) apply notwithstanding the provisions of the Uniform Durable Power rdian of the estate, or other fiduciary, such fiduciary shall not have the power to: (i) Revoke or amend the durable power of attorney for health care executed by the principal prior to such appointmee principal in all matters of health care decisions. (2) (A) If, following the execution of a durable power of attorney for health care, a court of the principal's domicile appoints a conservator, guain fact designated in such durable power of attorney who is known to the health care provider to be available and willing to make health care decisions has priority over any other person to act for thre provides otherwise, or unless a court with appropriate jurisdiction finds by clear and convincing evidence that the attorney in fact is acting on behalf of the principal in bad faith, the attorney y blood, marriage or adoption; and (2) The other requirements of this part are satisfied. 34-6-204. Attorney in fact - Powers - Limitations. (a) (1) Unless the durable power of attorney for health canstitution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care if: (1) The employee so designated is a relative of the principal bthe time of execution of the durable power of attorney or by operation of law then existing. -2- (f) An employee of the treating health care provider or an employee of an operator of a health care iod, marriage or adoption; or (2) A person who would be entitled to any portion of the estate of the principal upon the principal's death under any will or codicil thereto of the principal existing at e of a health care institution. (e) At least one (1) of the persons used as a witness under subsection (a) shall be a person who is not one (1) of the following: (1) A relative of the principal by blo under subsection (a): (1) A health care provider; (2) An employee of a health care provider; (3) The person named as attorney in fact; (4) The operator of a health care institution; or (5) An employef signing or not signing this power of attorney, and my client, after being so advised, has executed this durable power of attorney for health care." (d) None of the following may be used as a witness client at the time this power of attorney was executed. I have advised my client concerning my client's rights in connection with this power of attorney and the applicable law, and the consequences oney representing the conservatee signs a certificate stating in substance: "I am an attorney authorized to practice law in the state where this power of attorney was executed, and the principal was my this state where the conservatee has the power to execute legal documents, unless: (1) The power of attorney is otherwise valid; (2) The conservatee is represented by legal counsel; and (3) The attor A conservator may not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care executed by a person who is a conservatee under the laws of provider or employee of a health care provider may not act as an attorney in fact to make health care decisions if the health care provider becomes the principal's treating health care provider. (c)loyee of an operator of a health care institution may be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care; and -1- (2) A health care." (b) Except as provided in subsection (f): (1) Neither the treating health care provider nor an employee of the treating health care provider, nor an operator of a health care institution nor an empand that, to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will or codicil thereto now existing, or by operation of lawrincipal by blood, marriage, or adoption; that, to the best of my knowledge, I do not, at the present time, have a claim against any portion of the estate of the principal upon the principal's death; not a health care provider, an employee of a health care provider, the operator of a health care institution nor an employee of an operator of a health care institution; that I am not related to the ptorney in my presence; that the principal appears to be of sound mind and under no duress, fraud or undue influence; that I am not the person appointed as attorney in fact by this document; that I am declare under penalty of perjury under the laws of Tennessee that the person who signed this document is personally known to me to be the principal; that the principal signed this durable power of atry public by the principal and is signed by at least two (2) witnesses who witnessed the signing of the instrument by the principal, with each witness making the following declaration in substance: "Idate of its execution; and (3) The durable power of attorney for health care is executed by the following method: the durable power of attorney for health care is signed and acknowledged before a notasfied: (1) The durable power of attorney for health care specifically authorizes the attorney in the fact to make health care decisions; (2) The durable power of attorney for health care contains the ealth Care Form. 34-6-203. Requirements. (a) An attorney in fact under a durable power of attorney for health care may not make health care decisions unless all of the following requirements are satior Health Care is based on Title 34 Chapter 6 Section 34-6207 of the Tennessee Statutes. The following are useful excerpts from the Tennessee Statutes relating to the Tennessee Power of Attorney for Hlth Care This package contains (1) Information and Instruction for Tennessee Power of Attorney for Health Care; (2) Tennessee Power of Attorney for Health Care Form. This Tennessee Power of Attorney fssed 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 and Instructions Power of Attorney for Heafits 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 discu 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 e been made or are provided as to their suitability for any specific purpose or as to their legal effect or comp leteness. [_]These forms are not intended and are not a substitute for legal and/or taxce Health Care Directive. The first form is the Power of Attorney for Health Care and the second form is the Living Will. [_] These forms are provided "as is" and no implied or express warranties havTennessee Advance Health Care Directive This package contains both a Tennessee Power of Attorney for Health Care and a Tennessee Living Will. Together these forms are also sometimes known as an Advan TennesseeTennessee ______ Printed Name of Notary My commission expires: Quitclaim Deed - 2 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SEAL _______________________________ Signature of Notary Public _________________________n instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity ________, personally appeared __________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the withi_ ____________________________________________ Type or Print Name of Grantor State of Tennessee County of ______________ } ss. On ______________________, 20,___ before me, _________________________ngs, appurtenances and improvements thereon. Quitclaim Deed - 1 IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed on __________________, 20 __. ___________________________________________ssors and/or assigns forever; so that neither Grantor nor Grantor's heirs, successors and/or assigns shall have claim or demand any right or title to the property described above, or any of the buildivenants, conditions, reservations and restrictions of record. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto Grantee, Grantee's heirs, succe __________________________, County of ________________________________, State of Tennessee described as follows: [Insert legal description] SUBJECT TO all, if any, valid easements, rights of way, coES, AND FOREVER QUITCLAIMS to Grantee, all right, title, interest and claim to the plot, piece or parcel of land, with all the buildings, appurtenances and improvements thereon, if any, in the City of, in the amount of _______________________ DOLLARS ($___________) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby REMISES, RELEAS_______ __________________________________________ and ________________________________ ("Grantee") whose address is _____________________________________________________. FOR A VALUABLE CONSIDERATIONCLAIM DEED KNOW ALL MEN BY THESE PRESENTS THAT: THIS QUITCLAIM DEED, made and entered into on ___________________, 20_____, between ____________________________ ("Grantor") whose address is __________rs and Terms of Use found at findlegalforms.com Recording requested by: and when recorded, please return this deed and tax statements to: Escrow No.: For recorder's use only Title Order No.: QUIT used without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. [_] The purchase and use of these forms is subject to the Disclaime returned unrecorded or may be charged additional fees [_] These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you and should not bed with it. Please check your local requirements with your local Recorder's (or similar) office. [_] Depending on the type of document, additional requirements may apply. Nonconforming documents may be third parties. [_] Documents referencing land should include a legal description of the land. Verify that the legal description is correct. [_] A Quitclaim Deed may require other documents to be filegn the Quitclaim Deed before a Notary. Among other things, Notarization will allow the Quitclaim Deed to be recorded as a public record. Without filing, the Quitclaim Deed may not be effective againstInstructions & Checklist for Quitclaim Deed Tennessee (Individual) [_] This package contains (1) Instructions and Checklist for Quitclaim Deed and (2) Quitclaim Deed [_] The Grantor should date and si TennesseeTennessee _____________ Name of Survivor: _______________________________ Address: ____________________________________________ City: _______________________________________________ State: __________________________________urposes (strike any of the following you do not want): (1) Transplant (2) Therapy (3) Research (4) Education Date: __________________ Signature of Survivor: __________________________________ Printed_______________ ________________________________________________________________________ ________________________________________________________________________ III. The gift is for the following pthe applicable box): Give any needed organs, tissues, or parts, OR Give the following organs, tissues, or parts only: _______________________ _________________________________________________________ity and state). I. I survive the decedent as (mark the appropriate box): spouse; adult son or daughter; parent; adult brother or sister; grandparent; or guardian of the decedent. II. I hereby (mark this anatomical gift from the body of __________________________________(name of decedent) who died on _____________, 20___ at_______________________________ in ____________________________________ (corney should be consulted for all serious legal matters. Anatomical Gift by Next of Kin or Guardian of the Person Pursuant to the Uniform Anatomical Gift Act and the law of this state, I hereby make rruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An att direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business inteals are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for anym. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. The materieated by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.con for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation. Disclaimer No Attorney-Client relationship is cr a member of the person's class or a prior class. An anatomical gift by a person authorized under subdivision may be revoked by any member of the same or a prior class if, before procedures have beguoposing to make an anatomical gift knows of a refusal or contrary indications by the decedent. (3) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift byAn anatomical gift may not be made by a person listed above if any of the following occur: (1) A person in a prior class is available at the time of death to make an anatomical gift. (2) The person pre decedent; (3) either parent of the decedent; (4) an adult brother or sister of the decedent; (5) a grandparent of the decedent; and (6) a guardian of the person of the decedent at the time of death ker for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift: (1) the spouse of the decedent; (2) an adult son or daughter of th Gift Form An anatomical gift may be made any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or part of the decedent's body or a pacemas made on behalf of the decedent by the next of kin or guardian. Included in this kit are the following: General Instructions for preparing your Anatomical Gift (by next of kin or guardian) Anatomicalt. As the next of kin or guardian, you can prepare and execute an Anatomical Gift on behalf of the decedent. This kit is designed to fulfill the obligations of the Uniform Anatomical Gift Act for giftFindLegalForms.com Information Donation Pursuant to the Uniform Anatomical Gift Act (by Next of Kin or Guardian) A loved one has died and you believe that he/she would desire to make an Anatomical Gif Tennessee