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The online source for
Wills, Trusts, Power of Attorneys, and Living Wills
3. Will With a Trust for a Minor: Again everything to your spouse, if living, otherwise to your children in a trust until they reach the designated age. You can change the age as you see fit. Since this will is used for families with children it allows you to appoint a person to be guardian of your children. Since a guardian's authority would terminate upon the child reaching the age of majority, the trust created under the will would insure that the assets are used for the child's education or for other necessary expenses. Sarah would have to wait until she reached the designated age before she would get the property outright. You can make this age anything you want. A will with this type of trust prevents your child from spending all the inheritance shortly after receiving it. The trustee of the trust will insure that the inheritance is spent on needed items and not for luxuries.
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Last Will and Testament of Tom Sample I, Tom Sample, of Ourtown, Anystate, declare this to be my will, and I revoke all prior wills and codicils that I have made. ARTICLE I All estate and inheritance taxes (including interest and penalties, if any), together with all administration expenses, payable in any jurisdiction by reason of my death (including those taxes and expenses payable with respect to assets which do not pass under this will) shall be paid out of and charged generally against the principal of my residuary estate, without apportionment. I waive any right of reimbursement for, recovery of, or contribution toward the payment of those taxes and administration expenses, except my personal representatives shall, to the maximum extent permitted by law, seek reimbursement for, recovery of, or contribution toward the payment of federal or state estate tax attributable to property in which I have a qualifying income interest for life, or over which I have a power of appointment.
This is a rather standard paragraph since your estate is obligated by law to pay estate or inheritance taxes. There are two other ideas in here that you need to know about. The first is this idea of apportionment. What this does is the taxes and expenses come out of the left over share, the residuary amount. So if you had $200.00 and you gave $100.00 to your wife Gene and left the remainder to Sarah, Gene would get the full $100,00 and Sarah would get what ever is left over after taxes and expenses. This is important because most people tend to give specific amounts to various people and leave their spouse what ever is left over. Remember, what ever is left over is after taxes and expenses. The other concept is waiving reimbursement. For instance if you has $200.00 in your estate and of that $100.00 was in joint tenancy, the jointly owned amount is not reduced by taxes or expenses. Most people own property in joint tenancy with their spouse, such as savings accounts and their house. It is important to remember that taxes and expenses will be paid out of the remainder share.
Paragraph A simply gives away your personal items. Part B is mentioned to be sure that it is your intent to cover the cost of delivery and that it should be considered an expense that you should be able to deduct against any tax obligation. The interesting paragraph is C. This paragraph allows you to take out pen and paper and make a list of items and who they should go to. Note, this list must be dated and signed by you. This way, if you want your daughter to have your wedding ring you can leave it to her in a note without having to change your will. If you change your mind, destroy the list and make a new one.
ARTICLE III
A.
I give my residuary estate, which shall not include any property
over which I have power of appointment, to my spouse, if living on the
day after the date of my death. As we discussed, your residuary estate is that property you have left over after giving away specific items, such as your personal property, and after taxes and expenses. A power of appointment is a right to give someone else's property away. For instance, Tom's father may have created a trust for Tom, but after Tom dies, he is allowed to appoint who should get the trust. If you have a power of appointment, you must specifically refer to it and state how you wish to exercise it.
B.
If my spouse is not then living on the thirtieth day after the
date of my death and I have then living children under the age of
Thirty-Five, I give my residuary estate, which shall not include any
property over which I have power of appointment, to the Trustee of the
trust created under Article IV of this Will and referred to as the Tom
Sample Family Trust. In this Will, if your children are under a certain age, you leave their share in a trust. This provision applies if you have any child under the age you have chosen, such as thirty-five in this sample. If some of you kids are over, and some under the oldest must wait for their share until the youngest child reaches the age of thirty-five. People will choose this will to make sure your children are old enough to handle money before turning all of the inheritance over to them.
C.
If my spouse is not then living and all my children are over the
age of Thirty-Five, per stirpes, to my descendants living at my death;
provided, however, that if any such descendant of mine has not reached
legal age under the law of the jurisdiction in which that descendant is
domiciled at the time of distribution under this Article, then
distribution of his or her share shall be made to the person having
legal custody of said child, and such person shall represent the child,
receipt for and hold the child’s share for his or her benefit. The other term you may not be familiar with is the Latin term per stripes. To distribute something to your descendants, per stripes, you would go to the next generation in which you have living descendants. Your residuary estate would then be divided into as many shares as you have living descendents at that generation and into as many shares as you have pre-deceased descendants who left living descendants. As an example if Tom has two living children and one child who is deceased but left children living, Tom's residuary estate would be divided into one-third for each of the two living children and the deceased child's children would split the remaining one-third. In this sample, if the living two children are over thirty-five, the inheritance is distributed to the two children with the grandchildren's share being held by their lawful guardian. I recommend if one of your children pre-decease you, you write your Will to include your grandchildren as beneficiaries under the trust. ARTICLE IV
A.
If distribution is to be made under Article III paragraph B of
this Will, I give said distribution to Brother Ted Sample as trustee of
the Tom Sample Family Trust. This
trust is created for the benefit of my children, under the age of
Thirty-Five, collectively hereinafter referred to as the “Beneficiary”. I understand that additional
children may be born after the execution of this document. The Tom Sample Family Trust is
to be administered as follows: If you create a trust, you must designate a trustee. If you fail to do this, then the Probate Court will do it for you. In the sample Tom designates his brother Ted. You should consider a professional trustee such as a bank or an attorney. The person designated will be responsible for paying bills as well as investing the funds you have left. This may involve a certain level of business experience and taxation issues. At a minimum, the person elected should be financially responsible in their own right.
1.
Commencing as of the date my death and until the basic
distribution date defined in subparagraph 2 of this paragraph, the
trustee shall distribute to any one or more of my children from time to
time living as much of the net income and principal of the Tom Sample
Family Trust, even to the extent of exhausting principal, as the trustee
from time to time believes desirable for the health, support in
reasonable comfort, education, best interests, and welfare of my
descendants, considering all circumstances and factors deemed pertinent
by the trustee; provided, however, that: This provision sets the standard by which the trustee may distribute funds to your children.
a.
Any undistributed net income shall be accumulated and added to
the principal of the Tom Sample Family Trust, as from time to time
determined by the trustee; Usually at the end of the year, any unspent income is added back into principal, this is just an accounting term and is important when a trust has different standards for distributing income as opposed to principal.
b.
My primary concern during the period described in this
subparagraph is for the health, support in reasonable comfort,
education, best interests, and welfare of my children rather than for
the preservation of principal for ultimate distribution to my
descendants; This lets the trustee and children know that this trust is for their support and should not be viewed as a savings account that they get when the trust terminates.
c.
No distribution made under this subparagraph to a descendant of
mine shall be charged as an advancement to that descendant; and What this paragraph means is that any distribution to the children is not a loan. The other children mat argue that any "loan" should be paid back at the termination of the trust. If you are making loans, this complicates the accounting and may have adverse tax consequences.
d.
The trustee may make unequal distributions to my descendants or
may exclude one or more of them, and shall have no duty to equalize
those distributions. Lets face it, the trustee does not want to get into the middle of any sibling rivalry.
e.
The Trustee shall be under no obligation of any kind to preserve
the principal of the trust estate for distribution on termination of the
trust. The trustee may make
unequal distributions to the Beneficiaries or may exclude one or more of
them, and shall have no duty to equalize those distributions. The Trustee has complete
discretion to make unequal distribution among the various Beneficiaries
to the extent of completely favoring one Beneficiary over another or
completely exhausting trust income and principal on one Beneficiary over
another. Anything herein
contained to the contrary notwithstanding, the Trustee shall have sole
discretion as to the purpose for which any expenditure on behalf of the
Beneficiary is to be made. This trust is for the support of your children, it is supposed to be spent for their support which may not be equal. If one child goes to medical school, his tuition will be higher than if one goes to cosmetology school. But that is alright, that's what this trust is for.
f.
No beneficiary shall have the power to sell, assign, transfer,
encumber, or in any manner anticipate or dispose of any interest created
by this trust. The right to
principal and income created by this trust shall not be liable to be
reached in any manner by the creditors of, or judgment holders against,
any Beneficiary. This is the spendthrift clause. The last thing you want is for a car dealer to come to the trustee and say the kid said you will pay for this. The trustee may decide that if the child has the resources to purchase a car, he certainly doesn't need any funds from the trust. This trust is not designed to support a child's extravagant lifestyle.
g.
No beneficiary shall have the power to compel the Trustee to make
distribution and the Trustee’s decision is final and complete in all
regards. Let the children know, be nice to the trustee.
2.
At such time at or after the date of my death and there shall be
no living child of mine under the age of Thirty-Five years (the
"basic distribution date"), the trustee shall distribute the
remaining principal of the Tom Sample Family Trust, per stirpes, to my
then living descendants. This paragraph sets the age at which the trust will terminate.
B.
Despite the preceding provisions of this instrument, the trustee
may elect to withhold any property otherwise distributable under
subparagraph 2 of paragraph C of this Article to a beneficiary who has
not reached the age of Thirty-Five years and may retain the property for
that beneficiary in a separate trust named for the beneficiary, to be
distributed to the beneficiary when he or she reaches the age of
Thirty-Five years, or before then if the trustee so elects. The trustee shall apply as much
of the net income and principal of the trust so retained as the trustee
believes desirable for the health, support in reasonable comfort,
education, best interests, and welfare of the beneficiary for whom the
trust is named, considering all circumstances and factors deemed
pertinent by the trustee. Any undistributed net income shall be
accumulated and added to principal, as from time to time determined by
the trustee. If the
beneficiary for whom the trust is named dies before complete
distribution of the trust, the remaining net income and principal of the
trust shall be distributed to the beneficiary's estate. Its possible that a child of yours dies during the trust, so funds may be paid to your grandchildren. This allows that grandchild's share to be held in trust. ARTICLE V
The provisions of this Article shall apply to each trust held
under this instrument and paragraph H of this Article shall also apply
to all other dispositions under this instrument:
A.
If at any time a beneficiary eligible to receive net income or
principal distributions is under legal disability, or in the opinion of
the trustee is incapable of properly managing his or her financial
affairs, then the trustee may make those distributions directly to the
beneficiary, to a lawful guardian of the beneficiary, or to a custodian
selected by the trustee for the beneficiary under a Uniform Transfers to
Minors Act or similar applicable law, or may otherwise expend the
amounts to be distributed for the benefit of the beneficiary in such
manner as the trustee considers advisable. If one of your children is incompetent, this clause allows the trustee to make payments to a third party for that child's benefit.
B.
Except as otherwise provided in this instrument, all income
accrued or undistributed at the termination of any interest shall be
treated as if it had accrued or been received immediately after that
termination. From a practical matter, trusts will wind up after the termination date. It takes time to transfer assets. What the trustee needs to do, is the day before termination, add all income back into principal, then any income received after that should follow the child and not the trust. For example, if the trust has a certificate of deposit, the interest accrued on it should go to the child that receives the certificate.
C.
Among the circumstances and factors to be considered by the
trustee in determining whether to make discretionary distributions of
net income or principal to a beneficiary are the other income and assets
known to the trustee to be available to that beneficiary and the
advisability of supplementing such income or assets. As used throughout this
instrument, the term "education" includes, but is not limited
to, private schooling at the elementary and secondary school level,
college, graduate and professional education, and specialized or
vocational training. Again, if the child had an extravagant lifestyle, the trustee has no obligation to support him.
D.
Except as otherwise provided by law, no power of appointment or
power of withdrawal shall be subject to involuntary exercise, and no
interest of any beneficiary shall be subject to anticipation, to claims
for alimony or support, to voluntary transfer without the written
consent of the trustee, or to involuntary transfer in any event. It might surprise you, but when a child has money some unscrupulous people will try anything to get it from them.
E.
Any trust principal or net income as to which a power of
appointment is exercised shall be distributed to the appointee or
appointees upon such conditions and estates, in such manner (in trust or
otherwise), with such powers, in such amounts or proportions, and at
such time or times (but not beyond the period permitted by any
applicable rule of law relating to perpetuities) as the holder of the
power may specify in the instrument exercising the power. In determining whether a
testamentary power of appointment has been exercised, the trustee may
rely on a will admitted to probate in any jurisdiction as the will of
the holder of the power or may assume the holder left no will in the
absence of actual knowledge of one within three months after the
holder's death. This trust might last a long time and many states have laws against trusts that go beyond a certain period of time. This clause ensures that if state law has a required termination date (a law relating to perpetuities) it will control even though the terms of the trust or power of appointment says otherwise..
F.
If at any time the trustee shall determine that the trust is of a
size that is no longer economical to administer, the trustee, without
further responsibility, may (but need not) distribute the trust to the
beneficiary for whom the trust is named, or, in the case of the Tom
Sample Family Trust, per stirpes, to my then living descendants. This rather self explanatory.
G.
Notwithstanding any other provision of this instrument, at the
end of twenty-one years after the death of the last to die of myself, my
spouse, and all descendants of mine who are living at my death, the
trustee shall distribute the principal and all accrued or undistributed
net income of the trust to the beneficiary for whom the trust is named. Same as above but repeated just to make sure there is no misunderstanding, many states have laws against trusts that go beyond a certain period of time. This clause ensures that if state law has a required termination date (a law relating to perpetuities) it will control.
H.
For purposes of determining who is a descendant of mine or of any
other person:
1.
Legal adoption before the person adopted reached the age of
twenty-one years shall be the equivalent in all respects to blood
relationship; and
2.
A person born out of wedlock and those claiming through that
person shall be deemed to be descendants (i) of the natural mother and
her ancestors, and (ii) if the natural father acknowledges paternity, of
the natural father and his ancestors, in each case unless a decree of
adoption terminates such natural parent's parental rights. An article like this can literally save a hundred million dollars. It seems a rather wealthy gentleman had an illegitimate child who sued for his share of the estate. The other kids were surprised, and upset. ARTICLE VI
A.
The trustee shall have the following powers with respect to each
trust held under this instrument, exercisable in the discretion of the
trustee:
1.
To retain for any period of time without limitation, and without
liability for loss or depreciation in value, any property transferred to
the trustee, including partnership interests (whether general, special,
or limited), even though the trustee could not properly purchase the
property as a trust investment and though its retention might violate
principles of investment diversification;
2.
To sell at public or private sale, wholly or partly for cash or
on credit, contract to sell, grant or exercise options to buy, convey,
transfer, exchange, or lease (for a term within or extending beyond the
term of the trust) any real or personal property of the trust, and to
partition, dedicate, grant easements in or over, subdivide, improve, and
remodel, repair, or raze improvements on any real property of the trust,
and in general to deal otherwise with the trust property in such manner,
for such prices, and on such terms and conditions as any individual
might do as outright owner of the property;
3.
To borrow money at interest rates then prevailing from any
individual, bank, or other source, irrespective of whether any such
individual or bank is then acting as trustee, and to create security
interests in the trust property by mortgage, pledge, or otherwise;
4.
To invest in bonds, common or preferred stocks, notes, real
estate mortgages, common trust funds, shares of regulated investment
companies, currencies, partnership interests (whether general, special,
or limited), or other securities or property, real or personal, domestic
or foreign, including partial interests, such as life estate, term or
remainder interests, without being limited by any statute or rule of law
governing investments by trustees;
5.
To make allocations, divisions, and distributions of trust
property in cash or in kind, or partly in each; to allocate different
kinds or disproportionate shares of property or undivided interests in
property among the beneficiaries or separate trusts, without liability
for, or obligation to make compensating adjustments by reason of,
disproportionate allocations of unrealized gain for federal income tax
purposes; and to determine the value of any property so allocated,
divided, or distributed;
6.
To exercise in person or by general or limited proxy all voting
and other rights, powers, and privileges and to take all steps to
realize all benefits with respect to stocks or other securities; and to
enter into or oppose, alone or with others, voting trusts, mergers,
consolidations, foreclosures, liquidation, reorganizations, or other
changes in the financial structure of any corporation;
7.
To cause any security or other property to be held, without
disclosure of any fiduciary relationship, in the name of the trustee, in
the name of a nominee, or in unregistered form;
8.
To pay all expenses incurred in the administration of the trust,
including reasonable compensation to any trustee, and to employ or
appoint and pay reasonable compensation to accountants, depositaries,
investment counsel, attorneys, attorneys-in-fact, and agents (with or
without discretionary powers);
9.
To deal with the fiduciary or fiduciaries of any other trust or
estate, even though the trustee is also the fiduciary or one of the
fiduciaries of the other trust or estate;
10.
To compromise or abandon any claim in favor of or against the
trust;
11.
To lend money to the personal representative of my estate or my
spouse's estate, and to purchase property from the personal
representative of either estate and retain it for any period of time
without limitation, and without liability for loss or depreciation in value,
notwithstanding any risk, unproductivity, or lack of diversification;
12.
To commingle for investment purposes the property of the trust
with the property of any other trust held hereunder, other than the
trust named for my spouse, allocating to each trust an undivided
interest in the commingled property;
13.
To receive any property, real or personal, to be added to the
trust, from my spouse in any event (and, if the trustee consents in
writing, from any other person) by lifetime or testamentary transfer or
otherwise;
14.
To execute instruments of any kind, including instruments
containing covenants and warranties binding upon and creating a charge
against the trust property and containing provisions excluding personal
liability; and
15.
To perform all other acts necessary for the proper management,
investment, and distribution of the trust property. These clauses give the trustee wide latitude in dealing with the investments and the assets of the trust. After all, the trustee may become owner of your house, so he will have to deal with repairs and maintenance. Usually a trustee must invest with a prudent person rule in mind when making investments, but under the terms of this trust, he can at least keep the investments the same as you had them.
B.
The powers granted in this Article shall be in addition to those
granted by law and may be exercised even after termination of all trusts
hereunder until actual distribution of all trust principal, but not
beyond the period permitted by any applicable rule of law relating to
perpetuities. This gives the trustee the same powers while winding up the trust as he had during the trust.
C.
To the extent that such requirements can legally be waived, no
trustee hereunder shall ever be required to give bond or security as
trustee, or to qualify before, be appointed by, or account to any court,
or to obtain the order or approval of any court with respect to the
exercise of any power or discretion granted in this instrument. Many states require the trustee to post a bond.
D.
The trustee's exercise or nonexercise of powers and discretions
in good faith shall be conclusive on all persons. No person paying money or
delivering property to any trustee hereunder shall be required or
privileged to see to its application.
The certificate of the trustee that the trustee is acting in
compliance with this instrument shall fully protect all persons dealing
with a trustee. This clause helps protect third persons who deal with the trust. For instance, if your trustee goes to the bank and withdraws all the money and absconds with it to Mexico, the children's complaint is with the trustee, not the bank.
E.
This instrument and all dispositions hereunder shall be governed
by and interpreted in accordance with the laws of the State of Anystate.
F.
The compensation of a corporate trustee shall be in accordance
with its published schedule of fees as in effect at the time the
services are rendered, such compensation may be charged to principal or
to income or partly to each in the discretion of the corporate trustee. The fee of any corporate trustee shell be its standard fee.
ARTICLE VII
A.
Any trustee may resign at any time by giving prior written notice
to the beneficiary or beneficiaries to whom the current trust income may
or must then be distributed.
B.
On my death, I name Brother Ted Sample, as trustee of each trust
created under this will. Except
as otherwise provided in paragraphs D and E of this Article, if Brother
Ted Sample fails or ceases to act as trustee hereunder for any reason or
is unable or unwilling to serve, or if any successor trustee appointed
as hereinafter provided ceases to act as trustee hereunder for any
reason, the person or persons indicated in paragraph F of this Article
shall, by written instrument, appoint any person (other than my spouse
or a descendant of mine), or any bank or trust company, within or
outside the State of Anystate, as successor trustee. In case the prior trustee resigns, in our sample Tom's brother Ted, Tom's child Sarah (persons indicated in paragraph F of this Article) can appoint a new trustee. When a trustee resigns, they should make a report or accounting so that if any person has any complaints they can be raised then, not later when the trust terminates. This protect both the trustee and the children.
C.
The person or persons indicated in paragraph F of this Article
may at any time, by written instrument, approve the accounts of the
trustee with the same effect as if the accounts had been approved by a
court having jurisdiction of the subject matter and of all necessary
parties. This allows your children (persons indicated in paragraph F of this Article) to approve the books of the corporate trustee.
D.
If any corporate trustee designated to act or at any time acting
hereunder is merged with or transfers substantially all of its assets to
another corporation, or is in any other manner reorganized or
reincorporated, the resulting or transferee corporation shall become
trustee in place of its corporate predecessor. You can be sure if you name a bank as trustee, it will change its name next year.
E.
As often as the trustee shall deem such action to be advantageous
to the trusts or to any beneficiary, the trustee may, by written
instrument, resign and appoint as substitute trustee with respect to all
or any part of the trust principal, including property as to which the
trustee cannot act, any person (other than my spouse or a descendant of
mine), or any bank or trust company, within or outside the State of
Anystate. The substitute trustee shall have all of the title, powers,
and discretion of the original trustee, but shall exercise the same
under the supervision of the resigning trustee, who shall act as adviser
to the substitute trustee. The
adviser may at any time remove the substitute trustee by written
instrument delivered to the substitute trustee. Upon the removal or resignation
of the substitute trustee, the adviser may resume the office of trustee
or may continue to act as adviser and appoint another substitute
trustee. Any adviser may
receive reasonable compensation for services as adviser. Conflicts of interest, or matters exceeding the expertise of the trustee may arise. For instance, Ted, the trustee, may want to hire a stock broker to handle investments, or an accountant to handle tax matters.
F.
A successor trustee may be appointed pursuant to paragraph B of
this Article and the accounts of the trustee may be approved pursuant to
paragraph C of this Article by a majority in number of the beneficiaries
to whom the current trust income may or must then be distributed. If any person so entitled to act is then under legal
disability, the instrument of appointment or approval may be signed by
the lawful guardian of such person on his or her behalf. In our sample, this means Sarah. She is the person entitled to receive income so she can approve books and appoint a new trustee upon resignation of the prior one.
G.
The incumbent trustee shall have all of the title, powers, and
discretion granted to the original trustee, without court order or act
of transfer. No successor
trustee shall be personally liable for any act or failure to act of a
predecessor trustee. With
the approval of the person or persons indicated in paragraph F of this
Article who may approve the accounts of the trustee, a successor trustee
may accept the account furnished, if any, and the property delivered by
or for a predecessor trustee without liability for so doing, and such
acceptance shall be a full and complete discharge to the predecessor
trustee. Again, once Sarah approves the accounting of the prior trustee, that trustee has no further obligation or duties.
ARTICLE VIII A. I name Gene Sample as personal representatives of this will. No personal representative of this will shall be required to furnish bond or other security as personal representative. If the above named person is unable or unwilling to serve as personal representative, then I name Brother Ted Sample to serve in that capacity. B. In addition to all powers granted by the laws of the State of Anystate, I give my personal representatives power, exercisable in the discretion of my personal representatives and without court order, to retain, sell (at public or private sale), exchange, lease for any term (even though commencing in the future or extending beyond the date of final distribution of my estate), mortgage, pledge, or otherwise deal for any purpose with the property, real or personal, from time to time comprising my estate, for such consideration and on such terms (with or without security) as my personal representatives shall determine; to invest in any property whatsoever; to compromise or abandon any claims in favor of or against my estate; to hold any property in the name of a nominee or in bearer form; to employ accountants, depositaries, attorneys, and agents; to execute contracts, notes, conveyances, and other instruments, including instruments containing covenants and warranties binding upon and creating a charge against my estate, and containing provisions excluding personal liability; to make distributions wholly in cash or in kind, or partly in each; to allot different kinds or disproportionate shares of property or undivided interests in property among the beneficiaries; and to determine the value of any property distributed in kind. C. I empower my personal representatives to make such elections under the tax laws as my personal representatives deem advisable, including an election to create qualified terminable interest property for both estate and generation-skipping tax purposes or for estate tax purposes alone. Any decision made by my personal representatives with respect to the exercise of any tax election or the allocation of my GST exemption shall be binding and conclusive on all persons. D. I direct that the compensation of the personal representative shall be in accordance with the maximum amount allowed under the laws of the State of Anystate in effect at the time the services are rendered. This article appoints a person to take control of your estate after your death. This person, the personal representative is sometimes referred to as an executor or administrator. In this will, Tom appointed his wife Gene, and if she is unable, he appointed his brother Ted. If you wish, you can appoint two people, they do not need to be related to you, but they should live near you so they can take physical control of your assets. This article gives the personal representative the right to do certain things, states that they serve without bond, and that the person should be paid a customary amount.
ARTICLE IX If my spouse predeceases me, then I name Brother Ted Sample and his Wife Sue, presently of Ourtown, as guardian(s) and, if necessary, as conservator(s) for each child of mine who has not reached legal age under the law of the jurisdiction in which the child is domiciled at my death.
If two persons are named, and if either of them for any reason fails or ceases to act as either a guardian or a conservator, then the other of them shall act as sole guardian or sole conservator, as the case may be. No bond or other security shall be required of a guardian or conservator acting under this Article.
If you have minor children, it is very important you let everyone know who you want to raise them if you die. This may be the most important part of your will.
I signed this will on _______ day of ____________________, 2002. _________________________________________________ Tom Sample On the date last above written, we saw Tom Sample, in our presence, sign the foregoing instrument at its end. He then declared it to be his will and requested us to act as witnesses to it. We then, in his presence and in the presence of each other, signed our names as attesting witnesses, believing him at all times herein mentioned to be of sound mind and memory and not acting under constraint of any kind. _________________________________________________ Witness _________________________________________________ _________________________________________________ _________________________________________________ Address _________________________________________________ Witness _________________________________________________ _________________________________________________ _________________________________________________ Address State of Anystate § County of Big County We, the undersigned, Tom Sample, _______________________________________________ and ______________________________________________, the testator and the witnesses, respectively, whose names are signed to the attached instrument, being first duly sworn, declare to the undersigned authority that said instrument is the testator's Will and that the testator willingly signed and executed such instrument, or expressly directed another to sign the same in the presence of the witnesses, as a free and voluntary act for purposes therein expressed; that said witnesses, and each of them, declare to the undersigned authority that such Will was executed and acknowledged by the testator as the testator's Will in their presence and that they, in the testator's presence, at the testator's request, and in the presence of each other, did subscribe their names thereto as attesting witnesses on the date of the date of such Will; and that the testator, at the time of the execution of such instrument, was of full age and of sound mind and that the witnesses were sixteen years of age or older and otherwise competent to be witnesses. _________________________________________________ Tom Sample _________________________________________________ Witness _________________________________________________ Witness Subscribed, sworn and acknowledged before me by Tom Sample, the testator; and subscribed and sworn before me by_____________________________________, and __________________________________________, witnesses, this _____ day of ___________________________, 2002. ___________________________________________________ Notary Public in and for the State of Anystate
This last part of the will is called a self proving affidavit. When a will is admitted to probate a witness usually signs an affidavit that he did in fact see the decedent sign the will. In this case, we have the witnesses sign the affidavit and attach it to the will so it is ready when needed.
Admonishment: It’s not our intent to give you legal advice. If you have any questions concerning the effect of any of these documents we remind you that you should contact an attorney in your state competent to advise you in this area of the law.
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