Free Legal Forms To Print – A last will and testament or testament allows a person (the “testator”) to make a sworn statement as to which person or people (the “beneficiaries”) will receive real estate and personal property upon their death. Most states require two disinterested witnesses to sign a will for it to be valid. After signing, copies must be given to all beneficiaries and the testator’s attorney.
What about outstanding debts such as funeral expenses or any other expenses that will remain with the testator.
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The testator lists a trustee who is charged with paying bills, maintaining accounts, and distributing property among the beneficiaries. It is generally recommended that the performer not be the beneficiary, but instead have an attorney.
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To be valid, a will must be signed in accordance with state law and the testator must be of sound mind. If it is established that the testator signed the will under duress, the will will be considered invalid.
I am a resident of [NAME], [CITY], [COUNTRY], [STATE], of sound mind, not under duress or undue influence, and fully understand the nature and extent of all my property and its disposition. , draw up, publish and declare this document my last will and testament, and thereby cancel all other testaments and additions made by me so far.
1. Expenses and taxes. I order that all my debts and my final sickness, funeral and funeral expenses be paid as soon as reasonably practicable after my death, and I hereby authorize my personal representative to settle and satisfy any claims against him in his sole discretion. . My estate.
I also order my personal representative to pay from my estate any and all taxes on estate and inheritance due by reason of my death in respect of all items included in the calculation of such taxes, whether or not they pass under this Will or otherwise. The said taxes shall be paid by my personal representative without refunding any part of such tax payment from any person receiving any item included in such calculation, if such taxes are due to me.
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2. Personal representative. I nominate and appoint [NAME] from [CITY], [COUNTY], [STATE] as personal representative of my property and request that (he/she) act as temporary personal representative. Assigned applicable. If my personal representative fails or ceases to serve, I appoint [NAME] from [CITY], County [COUNTY], State [STATE].
3. Disposition of property. I bequeath and bequeath my property, both movable and immovable, and wherever it may be, as follows:
1st Beneficiary: [NAME], currently [ADDRESS], as my [CONTACT], whose last four (4) digits of the Social Security Number (SSN) is xxx-xx-[SSN] with the following property: [Property must be settled]
2nd beneficiary: [NAME], currently [ADDRESS] as my [relative] whose last four (4) digits of the social security number (SSN) is xxx-xx-[SSN] with the following property: [property must be settled]
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3rd beneficiary: [NAME], currently [ADDRESS] as my [relative whose last four (4) digits of the social security number (SSN) is xxx-xx-[SSN] with the following property: [property subject to collection]
If any of my beneficiaries died before me, any property they would have received if they had not died before me will be distributed among the remaining beneficiaries in equal shares.
If any part of my property cannot be easily sold and distributed, it may be donated to any charitable organization of my personal representative’s choice. If any property cannot be sold or donated, my personal representative may dispose of such property. I authorize my personal representative to pay the costs of managing my property.
4. Bond. I order that my executors shall not be required to give any bond or guarantee for the performance of their duties.
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5. Discretionary powers of the personal representative. My personal representative must have and exercise the following discretionary powers, in addition to any common law or statutory powers, without the need for a license or court approval:
A. Retain any property for as long as my personal representative deems appropriate, and invest and reinvest in any property, real or personal.
B. Buying and granting public or private sale options at any time of all or any part of my property, real or personal.
D. Pay, compromise, settle or otherwise settle any claims, including taxes, asserted in favor of or against me, my property or my personal representative.
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E. Implementation of any division in whole or in part of shares and distribution between shares of various and disproportionate property and indivisible shares in property.
F. Whereas my personal representative deems it appropriate to make such an election in accordance with tax law and to determine whether any such election should result in any adjustment between income and principal.
G. Permits any election to be held under any pension plan, profit sharing, employee shareholding or other pension plan.
H. Employ others to manage my estate and pay a reasonable fee in addition to my personal representative’s fee.
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I. Vote for any shares or other securities in person or through a proxy; assert or waive the rights or privileges of any shareholder to subscribe or otherwise acquire additional shares; Contribution of securities to any voting trust or to any committee.
J. Borrowing and pledging or pledging any property as collateral and making secured or unsecured loans. No person or entity lending property to my personal representative or trustee may be involved in considering the use of such property.
K. My personal representative shall also determine, in its sole discretion, the apportionment of any GST exemptions available to me at the time of my death to property passing by this will or otherwise. The decision of my personal representative regarding any election or distribution shall be binding on all concerned.
6. Beneficiary of the competition. If any beneficiary of this will or any trust referred to therein disputes or attacks this will or any of its provisions, any interest or interest in my estate granted to that contesting beneficiary under this will will be forfeited.
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7. POL. The term “personal representative” includes “executor” and “administrator”. The use of a specific gender must include any other gender, and singular or plural references must be interchangeable. All references to the Internal Revenue Code mean the 1986 Internal Revenue Code or any subsequent code. All references to inheritance tax include inheritance taxes and other taxes on death.
8. Task. The beneficiary’s interest in this Will may not be alienated, assigned, attached, transferred or conditionally paid, or pursuant to any order, assignment or agreement, and may not apply to or be liable for any of them. His debts or obligations in law or equity and in no event shall pass to him, her or his successors under any instrument or under any law of insolvency or bankruptcy and shall not be subject to creditors, spouses, intervention or control. Another
10. Binding agreement. Any decision by my personal representative regarding any discretionary power under this Agreement shall be final and binding on all persons concerned. Except in the event of willful default or gross negligence by my performer, no performer shall be liable for the acts or omissions of said performer or the acts of any co-executor or prior performer.
I, the undersigned [NAME], hereby declare that I sign and execute this document as my last will and testament, that I voluntarily sign it in the presence of each of the undersigned witnesses, and that I do so of my own free will. implement it as a voluntary act. This is [DAY] number [MONTH], 20[YEAR], for the purposes set out in this document.
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Testator’s signature auditor (full name in block letters)
The above document is dated [X] of [MONTH], 20[X], signed on each page and at the end of [NAME], by the above-named testator, and signed (her/him) in the presence of us and each of us, by (his/ her) request, in (his/her) presence and in the presence sealed, published and declared by (his/her) last will and testament. each other, signed under it our names as witnesses.
List all the property of the decedent. This should also include any debts to help the personal representative (executor) prepare the will.
A personal representative (or executor) is the person who will be responsible for transferring the testator’s assets to the beneficiaries after death. It is recommended that the personal representative be a trustee and not a beneficiary.
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The beneficiaries are the people who will receive the property and assets of the testator. If family members have children who should not be included, they must be specifically mentioned in the will.
In most states, a will can be signed by two disinterested witnesses (with the exception of Colorado and Louisiana, where a notary is required). However, notarization is highly recommended as a last will, and dissatisfied family members can challenge the will for any reason.
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