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This is a Legal Forms form that can be used for Wills For Married Persons within Wills And Trusts.
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- 1 - LAST WILL and TESTAMENT (Married - Adult Children) LAST WILL AND TESTAMENT OF (insert full legal name of the TESTATOR/TESTATRIX) I, (TESTATOR/TESTATRIX) hereby declare and publish this to be my last Will and Testament. I revoke any and all previous Wills and Codicils made by me. I am currently residing at the following address: Address: City: State: Zip: I: Marital Status I am married to [name of spouse] and all references to ?my [husband or wife]? are to him or her. II: Children I have [number] living child(ren), whose name(s) and date(s) of birth is (or) are follows: Name Of the Child Date of Birth III: Number and Gender All references in the masculine gender shall be deemed to include the feminine as well as the neuter gender, and vice versa, and reference to the singular shall be deemed to include the plural, and vice versa, wherever the context so permits. Signature of Testator/Testatrix - 2 - IV: Funeral Expenses and Payment of Debts I direct that my executor shall pay my funeral expenses, the expenses of my last illness, the expenses of administering my estate and all legal debts allowable as claims against my estate, out of the general funds of my estate before any distribution of such funds to any of the beneficiaries mentioned below. V: Specific Bequests I hereby give the persons mentioned below, the property mentioned hereunder. (Name of devisee and relationship to Testator/Testatrix) 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: - 3 - Signature of Testator/Testatrix Name: Relationship: Address: City: State: Zip: Description of property bequeathed to this person: If he or she does not survive me, then the bequest of that share of property shall lapse and become part of the residue of my estate and shall be disposed off as per provisions VII of this Will. On the date of my death, if I do not possess any of the property mentioned above, then the bequest of that property shall lapse. VI: Beneficiaries (a) I hereby bequeath all my property and estate of every kind and character, including, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to my husband or wife, [name of spouse] if he or she survives me. If he or she does not survive me the property shall be disposed off according to the provisions of VII of this Will. VII: Disposition of Residue (i) I give the residue of my estate of every kind, on which I may have an interest on the date of my death, to my children equally, or per stripes or, the survivor: [Name of the Children] 1. 2. 3. 4. - 4 - Signature of Testator/Testatrix If I have more than one child and any one of my children shall predecease me, then the equal share set apart for that deceased child shall instead be distributed to his or her descendants, per stripes. If one of my children shall predecease 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 predeceased me, then to his or her descendants, per stripes. (ii) If at the time of my death or at the time any portion of my estate, which is not completely disposed of, by this provision and the preceding provision (VI), I give the indisposed portion of my estate to [name of the person], residing at [address]. VIII: 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. IX: Personal Representative, Executor or Executrix I hereby appoint [name and relationship of Personal Representative], residing at [address] as Personal Representative of my estate and this Will. In the event my Personal Representative shall predecease me, or, for any reason, or shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint [name of successor Personal Representative] to serve as successor Personal Representative of my estate and Will. If he or she does not qualify or is unable by reason or unwilling to serve or continue as successor Personal Representative, then I nominate [name of the preferred Personal - 5 - Representative], residing at [address], as the preferred Personal Representative. The term ?Personal Representative?, as used in this Will, shall be deemed to mean and include ?Personal Representative?, ?Executor? or ?Executrix? of my estate who is serving at the pertinent time. Signature of Testator/Testatrix X: Powers of Personal Representative, Executor and Executrix I hereby direct that my Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of [name of the State] and to the extent not prohibited by the laws of . XI: Severability It is my intent that this Will be interpreted according to the following provisions: If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, that provision shall be disregarded, and the remainder of his will shall be effective and fully operative and it is my intent that any Court so interpreting shall construe this Will and any provision in favor of survival. XII: Jurisdiction All questions concerning the validity and interpretation of this will shall be governed by the laws of the State of [State] in effect at the time this will is executed. XIII: Outstanding debts 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. - 6 - 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. XIV: 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. Signature of Testator/Testatrix XV: Declaration I, [name of the testator/testatrix], declare this to be my Last Will and Testament having signed this Will in the presence of and as witnesses who attested it at my request on this the day of [month], 20 [year] at (address). Signature of Testator/Testatrix 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 purposes therein expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint, duress or undue influence. American LegalNet, Inc. 251 www.FormsWorkFlow.com - 7 - Signature of Testator/Testatrix Full name: Each of the undersigned, and (both Witnesses) say on Oath that: The attached Will was signed by [name of the testator] named in the will, on the day of [month], 20 [year], at the law offices of [name and address of the office] When he or she signed the Will, [name of the testator/testatrix] declared the instrument to be his or her last Will and Testament.