Please use the full legal name. If you're naming an organization, be as specific as possible in naming it. [Example: the Halstead Street Shelter in Hometown, Ohio]
Who will be the Executor of your estate?
Please use the full legal name of your choice. This person will be responsible for carrying out the terms of your Will. Do not use social names, nicknames or abbreviations. [Example: Barbara Cantwell]
Do you want your Executor to be bonded?
The purpose of bonding your Executor is to protect the value of assets in your estate from the Executor's gross negligence or willful misconduct in handling your estate.
Keep in mind that the cost obtaining a bond is an expense of your estate, and in effect reduces the amount you leave your Beneficiaries.
If this person cannot serve as Executor, who do you want to name as an alternate?
If your first choice as Executor cannot serve for any reason, you should name an alternate choice.
How do you want to pay unsecured debts and expenses owed by your estate?
You can leave instructions for your Executor regarding the payment of debts you owe when you die.
Do you want to forgive any debts that are owed to you?
You cannot forgive a debt if it is jointly owed to you and another person.
How do you want estate or inheritance taxes paid?
In some, but not all states, estates with a total value of less than $600,000 are exempt from federal and state taxes.
Do you want to leave any instructions about your funeral, burial or cremation in your Last Will and Testament?
Do you want to disinherit anyone who contests your Will?
You can choose to disinherit anyone who challenges any of your Will's provisions.
SAMPLE WILL
LAST WILL AND TESTAMENT OF [LEGAL NAME]
I, [LEGAL NAME], of [CITY], [STATE], being of sound mind and under no restraint, hereby publish and declare this instrument to be my Last Will and Testament, revoking all previous Wills and Codicils I have made. I am married to [SPOUSE NAME]. I have no children.
ITEM I
I give the entire residue of my estate, whether real, personal or mixed, to [RESIDUARY NAMES]. If [RESIDUARY NAMES] fails to survive me, then I give the entire residue of my estate to [SINGLE ALTERNATE].
ITEM II
I nominate and appoint [EXECUTOR] as Executor of this, my Last Will and Testament, to serve without bond. If the above-named Executor is unable or unwilling to serve, or otherwise fails to complete the administration of my estate, I nominate and appoint [ALTERNATE EXECUTOR] instead. Said Executor shall serve without bond.
ITEM III
I direct my Executor to pay all of my legally enforceable debts, the expenses of my funeral and burial or cremation, and the expenses of the administration of my estate in the manner prescribed by state law.
ITEM IV
In addition to the powers conferred on my Executor by law, I authorize my Executor to do all acts which my Executor deems necessary or appropriate in order to achieve the purposes of this, my Last Will and Testament, including the power to sell or dispose of property and distribute the proceeds of such sale or disposal as part of my estate; to retain property without liability for any depreciation or loss which may result; to settle, compromise, or abandon any claim either for or against my estate; to vote stock or exercise any of the rights of ownership of any stocks or bonds which form a part of this estate; to continue or participate in the operations of any business which forms a part of this estate, all as fully as I could do if living.
ITEM V
I authorize my Executor to utilize the services of an attorney, accountant and any other professional as may be necessary or desirable in the administration of this, my Last Will and Testament. The expenses incurred by my Executor using such professional services shall be an expense to my estate and shall be paid by my estate.
ITEM VI
I direct my Executor to pay out of the assets of my residuary estate, all inheritance, transfer, estate and similar taxes (including interest and penalties) on any property or interest in property included in my estate for the purpose of computing taxes. My Executor shall not require any beneficiary under this Will to reimburse my estate for taxes paid on property passing under the terms of this Will.
ITEM VII
My Executor named herein shall be entitled to reasonable compensation commensurate with the services actually performed and to reimbursement for expenses properly incurred.
ITEM VIII
It is not my intention to make provision in this, my Last Will and Testament, for any relative or any other person not expressly provided for herein, except for children born to or legally adopted by me after the date of this instrument, and if any such person has not been expressly mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his or her relationship and existence, and not by any oversight or neglect.
ITEM IX
If, subsequent to the execution of this, my Last Will and Testament, there shall be any child or children born to or legally adopted by me, such child or children shall share in the benefits of my estate to the same extent as he or she would have shared had I died without a Will, and the provisions of this Will shall be modified to the extent necessary to see that this is done.
ITEM X
Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the case may be.
ITEM XI
Any person or organization named or referred to herein shall be deemed to have survived me only if such person or organization shall in fact survive me for a period of at least thirty (30) days. Any person or organization named or referred to herein who shall not survive me for a period of at least thirty (30) days shall be deemed to have died before I do.
IN WITNESS WHEREOF, I have signed my name, declaring and publishing this instrument as my Last Will and Testament, in the presence of the undersigned Witnesses on this ___ day of ________, 19__.
______________________________
[LEGAL NAME]
ATTESTATION
We hereby certify that this Last Will and Testament was signed, declared and published by [LEGAL NAME] as his Last Will and Testament on this day, in our presence and in the presence of each other, and we sign our names below as Witnesses in his presence, at his request and in the presence of each other on this ______ day of ____________, 19__.
__________________ Resides at ________________________
[Witness 1 Signature]
_____________________; City, State, Zip ________________________
[Witness 1 Name (Printed)]
_____________________ Resides at ________________________
[Witness 2 Signature]
_____________________; City, State, Zip ________________________
[Witness 2 Name (Printed)]
_____________________ Resides at ________________________
[Witness 3 Signature]
_____________________; City, State, Zip ________________________
[Witness 3 Name (Printed)]
AFFIDAVIT
We, ____, ___, _____, and ________, the Testator and Witnesses, having first been duly sworn, do solemnly swear that in our presence and in the presence of each other, [LEGAL NAME] signed, declared and published the foregoing instrument on _______, 19____, as his Last Will and Testament, and asked each of us to serve as Witnesses. Each of the Witnesses signed this Last Will and Testament as Witnesses, in the presence of [LEGAL NAME] and in the presence of each other. At the time of signing this Last Will and Testament, [LEGAL NAME] appeared to us to be of sound mind, free from duress, fraud or undue influence. Each of us who signed the foregoing instrument as a Witness is twenty-one (21) years of age or older and fully competent to serve as a Witness.
Date: _____________ Legal Name Testor:_________________
Date:______________ Witness 1: ________________________
Date: ______________ Witness2: ________________________
Date: ______________ Witness 3: ________________________
Subscribed and sworn to before me by _______, ______, ______, and _____, each of whom is known to me personally, this __ day of __________, 19____.
My Commission Expires: ________________________________
______________________ NOTARY PUBLIC
(SEAL)
