LAST WILL AND TESTAMENT OF ______________________________
I, __________, of __________ being of sound and disposing mind, do hereby
make, publish and declare the following to be my Last Will and Testament,
revoking all previous will and codicils made by me. I declare that I am
married to __________, to which I have referred to herein as my "spouse",
and that I have __________ children now living whose names and birth dates
are: [List Children's Names and Birthdates] I have _____ deceased children.
All references to "my children" in this will include all of the above-named
children and also any child hereafter born or adopted by me.
I. My spouse and I are executing wills at approximately the same time in
which each is the primary beneficiary of the other. These wills are not
being made because of any contractual agreement between us, and either will
may at any time be revoked by either maker at the sole discretion thereof.
II. I appoint my spouse as personal representative of my will. If unable
or unwilling to act, or to continue to act, as executor of my will, I then
appoint __________ as personal representative of my will. No bond or other
security of any kind shall be required of any personal representative
appointed in this will. My personal representative, whether original,
substitute or successor, shall hereafter also be referred to as my
"executor".
III. I direct that my executor pay all of my funeral expenses, all state
and federal estate, inheritance and succession taxes, administration costs
and all of my debts subject to statute of limitations, except mortgage
notes secured by real estate, as soon as practical.
IV. I give, devise and bequeath all of the rest, residue and remainder of
my estate, of whatever kind and character, and wherever located, to my
spouse,provided that my spouse survives me. I make no provision for my
children, knowing that, as their parent, my spouse will continue to be
mindful of their needs and requirements.
V. If my spouse does not survive me, then I give, devise and bequeath all
of the rest, residue and remainder of my estate, of whatever kind and
character, and wherever located, to my children per stirpes, and I direct
that the share of any child of mine who shall have died leaving no issue
shall be divided among my surviving children in equal shares per stirpes.
VI. My executor shall have the following additional powers with respect
to my estate, to be exercised from time to time at my executor's
discretion without further license or order of any court.
* Business Interest - To sell or otherwise liquidate, or to continue to
operate my executor's discretion, any corporation, partnership or other
business interest received by my estate.
* Property of My Estate - To retain any and all property and securities
of my estate in the name of my executor as executor or in my executor's
own name.
* Retention of Assets To retain all property and securities of my estate
for as long as my executor deems advisable.
* Management of Estate - To invest, lease, rent, mortgage, insure,
repair, improve or sell any and allreal and personal property belong to
my estate as my executor deems advisable.
* Mortgages, Pledges and Deeds of Trust - To enforce any and all
mortgages, pledges and deeds of trust held by my estate and to purchase
at any sale thereunder any such real or personal property subject to any
mortgage, pledge or deed of trust.
* Litigation - To initiate or defend, at my executor's discretion, any
litigation affecting my estate.
* Attorneys, Advisors and Agents - To employ and to pay from my estate
reasonable compensation to such attorneys, accountants, brokers, and
investment, tax and other advisors as my executor shall deem advisable.
* Adjustment of Claims - To submit to arbitration, to compromise or to
release or otherwise adjust, withor without compensation, any and all
claims affecting the trust estate.
* Distribution of My Estate - In distributing my estate, to make said
distribution wholly or partly in kind by transferring or allotting such
real or personal property or undivided interest therein.
VII. If any person, whether or not related to me by blood or in any way,
shall attempt, either directly or indirectly, to set aside the probate of
my will or oppose any of the provisions hereof, and such person shall
establish a right to any portion of my estate, then I give and bequeath the
sum of one dollar ($1.00), only that, and no further interest whatever in
my estate to such person.
VIII. In the event that any of my property, or all of it, at the time of
my death iscommunity property under the laws of any jurisdiction, then my
will shall be construed as referring only to my community-property interest
therein.
IX. If any portion of my will shall be held illegal, invalid or otherwise
inoperative, it is my intention that all of the other provisions hereof
shall continue to be fully effective and operative insofar as is possible
and reasonable.
IN WITNESS WHEREOF, I have hereto set my hand and seal this _____ day of
__________, 20____.
Signed, sealed, published and declared to be the Last Will and Testament by
__________ in the presence of all of us, who, in the presence and at the
request, and in the presence of each other, have hereunto subscribed our
names as witnesses:
WITNESS NAMES SIGNATURES AND ADDRESS:
_______________________
Witness
_______________________
