Widow-Widower - Adult Children (Generic) {WILL 601}

LAST WILL AND TESTAMENT OF BE IT KNOWN TO ALL ON THIS DAY THAT, I, , Resident of County, State of , being of legal age and of sound and disposing mind and memory, and not acting under any coercion, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will. I HEREBY revoke and nullify all former Wills and codicils made by me and declare this to be my Last Will and Testament. ARTICLE ONE DECLARATION ABOUT MARRIAGE AND CHILDREN I was married to , now deceased. I am the natural / adoptive parent of the following child/children. I hereby declare that all of my children mentioned below are alive. Name: Date of Birth: Name: Date of Birth: Name: Date of Birth: ARTICLE TWO DEBT DECLARATION AND EXPENSES I direct the executor of this will to pay all costs and expenses of my last illness and funeral expenses. I further direct the executor to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payment of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts. ARTICLE THREE SPECIFIC BEQUESTS OF REAL AND/OR PERSONAL PROPERTY I, will, give and bequeath unto the persons, whose names and addresses are provided below, if he or she survives me, the property described below as the token of my love, affection and gratitude towards them: Name: Relationship: Address: City: State: Zip: Description of property bequeathed to this person: Name: Relationship: Address: City: State: Zip: Description of property bequeathed to this person: Name: Relationship: Address: City: State: Zip: Description of property bequeathed to this person: In the event of the person named by me in this article does not survive me, the bequest to such person shall lapse and the property shall pass under the other provisions of this Will. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse. ARTICLE FOUR BENEFICIARIES I will, bequeath and give all of my property and estate of every kind and character, whether real, personal or both or any other kind of property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my child/children. Name of the Children] 1. 2. 3. 4. If I have more than one child and one of my children does not survive me, then the equal share set apart for that deceased child shall instead be distributed to his or her descendants, per stirpes. If one of my children does not survive me leaving no descendants surviving, then the equal share set apart for that deceased child shall instead be distributed to my other child, or if that child has also not survived me, then to his or her descendants, per stirpes. ARTICLE FIVE Disposition of Residue I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, to , provided that survives me. If 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 as alternate. ARTICLE SIX SIMULTANEOUS DEATH OF BENEFICIARY If any beneficiary of this Will, including any beneficiary of any trust established by this Will shall die within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived such person. ARTICLE SEVEN BENEFICIARIES AND THEIR CREDITORS If any of the Beneficiaries mentioned in this Will are liable to any debts, then neither the principal nor the income of any Trust provision contained in this Will nor any part of same shall be liable for the debts of any Beneficiary hereunder, nor shall the same be subject to seizure by any Creditor of any Beneficiary, and no Beneficiary therein shall have any power to sell, assign, transfer, encumber, or in any manner to anticipate or dispose of his or her interest in the Trust fund, nor any part of same nor the income produced from said fund nor any part of same. ARTICLE EIGHT EXECUTOR I appoint resident of county, State of to be the Executor of this will. If the aforementioned person is unfit or unable or unwilling to serve in the capacity of the executor then I appoint , resident of County, State of to act in the capacity of the executor. I hereby declare that the executer of this will shall serve without any bond. I hereby direct that my executer shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my executer, all powers that are allowed to be exercised by executers by the laws of the State of [name of the State] and to the extent not prohibited by the laws of . I hereby declare that my executor shall have the following additional powers with respect to my estate, in accordance to this will, to be exercised from time to time at my Executor's discretion without further license or order of any court. ARTICLE NINE CONSTRUCTION The term "testator" as used in this Will is deemed to include me as Testator or Testatrix. The pronouns used in this Will shall include, where appropriate, either gender or both, singular and plural. ARTICLE TEN SEVERABILITY AND SURVIVAL If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my intent that the remaining parts shall be effective and fully operative, and that any Court so interpreting this Will and any provision in it construe in favor of survival. ARTICLE ELEVEN OUTSTANDING DEBTS Please check the applicable one. If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then such person?s portion of my estate shall be diminished by the amount of such debt. Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative. ARTICLE TWELVE MISCELLANEOUS PROVISIONS (Check one of the following) It is my desire to be buried in the [name of the Cemetery] cemetery in [name of the County] County, [name of the State]. I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor. IN WITNESS WHEREOF, I, [Name of Testator], hereby set my hand to this last Will, on each page of which I have placed my initials, on this day of , 20 at , State of [Signature] [Printed or typed name of Testator] [Address of Testator, Line 1] [Address of Testator, Line 2] WITNESSES The foregoing instrument, consisting of pages, including this page, was signed in our presence by [name of Testator] and declared by [him or her] to be [his or her] last Will. We, at the request and in the presence of [him or her] and in the presence of each other, have subscribed our names below as witnesses. We declare that we are of sound mind and of the proper age to witness a will, that to the best of our knowledge the testator is of the age of majority, or is otherwise legally competent to make a will, and appears of sound mind and under no undue influence or constraint. Under penalty of perjury as described in we declare these statements are true and correct on this day of , 20 at , State of . [Signature of Witness #1] [Printed or typed name of Witness#1] [Address of Witness #1, Line 1] [Address of Witness #1, Line 2] [Signature of Witness #2] [Printed or typed name of Witness#2] [Address of Witness #2, Line 1] [Address of Witness #2, Line 2] [Signature of Witness #3] [Printed or typed name of Witness#3] [Address of Witness #3, Line 1] [Address of Witness #3, Line 2] SELF PROVING AFFIDAVIT STATE OF COUNTY OF I, , the testator/testatrix to this, my Last Will and Testament, hereby sign my name to this instrument this day of , 20 and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly, that I execute it as my free and voluntary act for the purpo