BBS in a Box 11/AMUG BBS in a Box Volume XI (April 1994) (MacWizards).iso/Files/Publish/S/SampleWill

Text File | 1987-09-29 | 19.2 KB | 364 lines | [TEXT/MACA]

SIMPLE WILLFORM, Version 1.22, COPYRIGHT  (C),1987,  by OLD LAWYERS
TRICKS ,P.O. Box 230975, Anchorage, Alaska, 99523-0975, (Compuserve
User I.D. 76545,2427).

This is a Plain Text Shareware legal form.  It has been written by
attorneys and is intended to work with any personal computer.  Just load
it into your word processor and follow the instructions below.  If you
use it to create your own will then you should send $5.00 to the address
above. (It should save you at least $50.00 to $100.00.)  If you use it
to create a multiple use law office form then you should send us $20.00.
Feel free to duplicate the form and distribute it wherever you want as
long as this announcement accompanies it.

THIS FORM IS NOT INTENDED AS A SUBSTITUTE FOR CONSULTING WITH
AN ATTORNEY !THE WAY TO SAVE MONEY ON LAWYERS FEES IS NOT TO
AVOID THEM BUT TO SEE THEM AT THE RIGHT TIME, BEFORE THE DAMAGE
IS ALREADY DONE, AND ALSO TO DO AS MUCH OF THE WORK AS YOU CAN BY
YOURSELF.  For our advice on how to select and use lawyers,and our
catalog of additional Shareware legal forms, send $2.00 to the
address above.  It is important to be aware of how to use lawyers most
efficiently.  We have not included all of that information here because
it is bulky and we want to save computer file space to keep on line
costs down.  Specifically as to your will, however, we strongly advise
that you take your final will draft to a local lawyer for a short
consultation, to be sure it meets all the requirements of your local
jurisdiction and your own special needs.  Such a consultation should
be cheap (many attorneys offer special reduced fees for first
consultations -- be sure to ask) and will be well worth the cost.
This will is designed to be valid in all 50 states, but only a
consultation with a local attorney will guarantee that it is.
(Be especially careful in Louisiana, which has some pretty weird laws.)

WHY A SIMPLE WILL?  The primary reasons for a simple will are to make
sure that your estate goes to who you want it to and that it doesn't get
complicated in probate, which could result in substantial portions of it
going into the pockets of people other than your intended heirs.  If you
are a rich recluse who wants to leave everything to newly created
foundations named after your pets (or indeed anyone with an estate worth
over $400,000), you should forget about a simple will and immediately go
see an attorney who is an expert in estate planning.

A simple will is intended to either avoid probate altogether or at least
keep your estate easy to administer, to make sure that it goes where you
want it to go with a minimum of expense.   An important part of the
process is for you yourself to keep your desires simple.  As a general rule
the more complicated your desires are the more complicated will be the
will and the greater the probability of expensive complications in probate.
Thus the typical simple will leaves everything to your spouse, if you have
one, and to your children (and their children) thereafter, or to one or two
individual heirs if you have neither a spouse nor children.  Husbands and
wives should each do an individual will.  The most extensive and
complicated provisions of our will form concern the granting of discretion
to the fiduciaries of the estate (also called personal representatives,
administrators, executors, and/or guardians), to make sure they can act
freely to settle the affairs of the estate or otherwise carry out the
intent of the will with the minimum of probate formalities.  Such
formalities can be extensive and vary considerably from state to state.

The Simple Will form should be self explanatory.  The blank lines are to
fill in pertinent information.  The information in capital letters in
parentheses, (LIKE THIS), is for information only and should be stricken
out before printing.  Also strike out those sections of the will which don't
Apply and renumber accordingly.  We have put in a character return at the
end of each line for telecommunication purposes.  Sorry about that, but
just take them out and you should be able to edit the form however you
want on your own Word Processor.  Let us know if you have any problems
so we can fix them for later versions.

Be sure to make a back up copy of the whole file before editing, to go back
to in case you make any mistakes and to then give to your friends after you
are done.

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(WILL FORM STARTS HERE / THE HEADINGS ARE USUALLY CENTERED / WILLS
ARE TRADITIONALLY DONE ON LEGAL SIZED PAPER / 8 1/2 " X 13" / BUT ANY
SIZE WILL DO)

Last Will and Testament of ______________________ ( PUT IN YOUR
FULL NAME, INCLUDING MIDDLE, UNLESS YOU TRULY HATE IT)

I, _____________________, now domiciled at (STREET ADDRESS / STATE
/ ZIP CODE) ___________________________,presently at the age of
___________ years( DON'T LIE / IF YOU TRULY REFUSE TO ADMIT YOUR AGE
THEN SIMPLY ELIMINATE THIS CLAUSE ALTOGETHER, BUT IT IS BETTER TO
LEAVE IT IN), do make, publish and delare this to be my Will, and I hereby
revoke any and all Wills and Codicils previously made by me.

ARTICLE I.  HEIRS AND BENEFICIARIES

I declare at the date of this Will that I am married to ______________,
that I have ____ children, namely,
________________________________________, born ____________,
________________________________________, born ____________,
______________________________________, born ____________ and
_________________________, born __________________ and I have no
deceased child or children with descendants now living. (IF YOU DO THEN
LIST THEM ALSO)

ARTICLE II. FIDUCIARIES
(NORMALLY YOU WILL WANT TO NAME YOUR PRIMARY BENEFICIARY AS YOUR
PRIMARY FIDUCIARY ALSO, AND SO ON, UNLESS THERE IS A VERY GOOD
REASON NOT TO DO SO.  YOU ARE GIVING YOUR FIDUCIARIES TREMENDOUS
POWER, SO BE SURE YOU TRUST THEM ABSOLUTELY.  IF YOU DON'T TRUST
THEM DON'T DO A SIMPLE WILL - GO SEE A LAWYER INSTEAD!  ALSO IT IS A
GOOD IDEA IF POSSIBLE TO HAVE YOUR HEIRS, FIDUCIARIES AND GUARDIANS
MATCH UP AS MUCH AS POSSIBLE. BE SURE TO HAVE AT LEAST ONE ALTERNATE
FOR EACH FIDUCIARY NAMED.)

I direct that no fiduciary serving hereunder shall be required to give bond
or security in any jurisdiction. I appoint my ( RELATIONSHIP / I.E.
WIFE)_______________, (NAME) ____________________ as personal
representative of this Will.  If she/he shall fail to qualify or cease to
serve as personal represeNTative, I appoint my ___________________,
_____________________, as my personal representative.  If she/he shall
fail to qualify or cease to serve as personal representative, I appoint my
__________________, ________________ as my personal
representative. Throughout this Will, unless the context clearly requires
otherwise, "fiduciary" and "personal representative" shall refer to all
personal representatives at any time serving hereunder.

ARTICLE III. DEBTS AND ADMINISTRATIVE EXPENSES

I direct my personal representative to pay my debts and funeral expenses,
the expenses of my last illness, and the expenses of my last illness, and
the expenses of administering my  estate, provided, however, that my
personal representative, in his or her discretion, may elect not to pay any
debt or expense secured by mortgage, deed of trust, pledge, lien or other
encumbrance on property subject to such mortgage, deed of trust, pledge,
lien or other encumbrance, in which event the recipient thereof shall
assume all obligations of my personal representative and my estate in
respect thereto.

ARTICLE IV.  TANGIBLE PERSONAL PROPERTY

I give the items of tangible personal property, other than money,
evidences of indebtedness, documents of title, securities, property
used in trade or business and property not otherwise disposed of by
this Will, to the persons designated in any written statement or
list in my handwriting or signed by me, in existence at the time
of my death.  In the event two or more such lists exist at the
time of my death, the written statement or list dated closer to
the date of my death shall control.   (WE STRONGLY RECOMMEND
THIS PARAGRAPH RATHER THAN INCLUDING A COMPLETE LIST
OF BEQUESTS IN YOUR WILL.  REMEMBER THAT THE WILL SHOULD BE
WRITTEN WITH A VIEW TOWARDS WHAT YOU WILL WANT DONE IN 50
PLUS YEARS, AND IN ALL LIKELIHOOD YOU WILL NOT CHANGE IT.  PUTTING
SPECIFIC BEQUESTS INTO THE WILL ITSELF WILL ONLY CONFUSE THINGS
UNLESS YOU DIE SOON, AND BENEFIT NO ONE BUT THE LAWYERS WHO GET
TO REWRITE THE WILL TIME AFTER TIME.  AT THE SAME TIME, YOU SHOULD
SIT DOWN AND WRITE OUT THE LIST OF BEQUESTS, PUTTING IT WITH
THE ORIGINAL WILL, AND REVIEW IT AND MAKE REVISIONS ON A REGULAR
BASIS.)

I give all of my tangible personal property, other than items disposed
of  or excluded from disposition under the provisions of the first
paragraph of this Article, and all policies and proceeds of insurance
covering such property, to my spouse _______________,or, if my spouse
predeceases me by thirty (30) days to my children/child, in equal shares,
and to their descendants by right of representation, consistent with
Article V below, if they shall survive me by thirty (30) days.(IF NO
SPOUSE OR CHILDREN THEN TO OTHER NAMED INDIVIDUAL HEIR(S), INCLUDING
PERCENTAGE SHARES IF DESIRED AND NOT TOO COMPLICATED) If my
children/child / heir(s), or either of them, shall not survive me
for thirty (30) days, I give such property to my ____________________,
___________________________________(ALTERNATE HEIR(S))
Expenses of delivering such property to my beneficiaries may, in
the discretion of my personal representative, be paid by my estate.

(WARNING! / DO NOT TRY TO DISINHERIT YOUR SPOUSE OR CHILDREN
WITHOUT SPECIFIC ADVICE FROM A LOCAL ATORNEY / THE LAWS GOVERNING
DISINHERITANCE VARY FROM STATE TO STATE)

ARTICLE V.  RESIDUARY ESTATE

(THE PROVISIONS OF THIS ARTICLE SHOULD BE THE SAME AS IN ARTICLE IV
IMMEDIATELY ABOVE / THAT IS TO SAY THE HEIRS SHOULD BE THE SAME)

All the rest, residue and remainder of my estate hereinafter referred to as
my "residuary estate"  I give to my spouse, ____________, if he/she
survives me by thirty (30) days.  If my spouse does not survive me I give
my residuary estate to my child/children whether born or adopted, share
and share alike, with rights of representation. If any child of mine
predeceases me without descendants, I give my deceased child's share to
my remaining residuary beneficiaries in proportion to their respective
interests in my residuary estate.

ARTICLE VI,  GUARDIAN OF MINOR CHILDREN.

(AGAIN YOU ARE GIVING TREMENDOUS POWERS TO THE GUARDIANS OF YOUR
MINOR CHILDREN  SO BE CAREFUL / SEE ARTICLE II ABOVE / CO-GUARDIANS
(I.E. GRANDPARENTS, SPOUSES) ARE OK (BUT WHAT IF THEY GET DIVORCED?)
/ IT IS FAIRLY COMMON TO HAVE SEPARATE GUARDIANS AND PERSONAL
REPRESENTATIVES, WHERE FOR EXAMPLE ONE FAMILY MEMBER IS GOOD WITH
KIDS AND ANOTHER WITH MONEY)

I appoint as guardian of the person and property of my minor
child/children, and I give and place the custody of my minor
child/children, whether now living or hereafter born, during their
respective minorities to my spouse, (NAME) ______________________,
to serve without bond, and if my spouse does not survive me and/or if
(s)he does not qualify or for any reason ceases to serve as guardian, I
appoint my (RELATIONSHIP)_______, (NAME(S))
_____________________, as guardian aforesaid. If he/she does not
qualify or for any reason ceases to serve as guardian, I appoint my
__________________, ________________________, as guardian
aforesaid.

ARTICLE VII.  TAXES

I direct my personal representaive to pay out of my residuary estate,
without apportionment against any beneificaries or other persons, all
estate, inheritance and succession taxes, including any interest and
penalties payable by reason of my death in respect of any property
includable in my gross estate for the purposes of any such tax. I authorize
my personal representative to determine whether and what deductions
shall be taken for federal estate or income tax purposes and to determine
the date that shall be used for the valuation of property in my gross estate
for federal estate tax purposes.  The exercise of such powers shall not be
questioned by anyone, and no person whose interest in my estate is
diminished by the exercise of such powers shall receive any
reimbursement for such diminuation.

ARTICLE VIII. POWERS OF PERSONAL REPRESENTATIVE

(THIS ARTICLE IS LONG / IT IS INTENDED TO GRANT THE MAXIMUM POWER
AND DISCRETION TO THE FIDUCIARIES OF THE ESTATE / WHILE IT CAN BE
CHANGED, LIMITED OR ELIMINATED IT IS NOT ADVISABLE TO DO SO / IF YOU
DON'T TRUST YOUR FIDUCIARIES THEN YOU PROBABLY SHOULD NOT BE DOING
A SIMPLE WILL AND YOU DEFINITELY NEED TO CONSULT WITH AN ATTORNEY
ABOUT PROBLEMS WHICH COULD ARISE)

I authorize my personal representative to administor my estate without
the intervention of any court. In addition to, and without
limitation upon, any other powers granted by this Will
or by law, in the administration of my estate, my fiduciaries
shall have the following powers, exercisable without court approval, upon
such terms and conditions as my fiduciaries shall deem advisable:  To
retain any property owned by me, including any business or interest
therein; to continue and conduct any business or enterprise in which I may
be engaged at the time of my death; to sell or exchange any property at
public or private sale, for cash or credit, with or without security; to
invest and reinvest in shares of common trust funds, whether or not
maintained by any corporate fiduciary serving hereunder; to mortgage,
pledge, or lease any property or grant options with respect to it, for any
period of time, whether or not extending beyond the administration of my
estate or any funds held hereunder; to demolish, abandon, or otherwise
dispose of any property; to manage, insure, repair, improve, develop,
subdivide, partition, and alter any property; to borrow money for any
purpose in connection with the administration of my estate; to register
and hold securities in bearer form; to incorporate any business or property
and thereafter to hold a majority or minority interest in the corporation;
to transfer any business or property to a limited or general partnership; to
vote stock or securities, in person or by proxy; to continue, renew, extend,
or modify any note, bond, or other indebtedness, or mortgage, and to
enforce payment of such indebtedness or mortgage by foreclosure or
othewise; to employ legal counsel, accountants, brokers, custodians,
managers, and other agents and employees, and to pay them reasonable
compensation out of any fund held hereunder to which such compensation
is attributable; to allocate receipts and disbursements between income
and principal in such manner as my fiduciaries shall deem equitable; to
distribute any property in kind or partially in kind in such manner as my
fiduciaries shall deem equitable; to qualify or appoint a third party as
ancillary administrator if necessary or desireable, and to compensate such
ancillary administrator; to pay to  themselves, as fiduciaries, reasonable
compensation for their services and their reasonable and necessary
expenses; and in general, subject to their fiduciary duties, to exercise any
additional powers that I might exercise if I were living.

ARTICLE IX.  TERMS

Any reference in this Will to "children" or "descendants" shall include
adopted persons and persons born before and after the date of this Will.

I, (NAME)________________, the testator (MAN) / testatrix (WOMAN))
herein, sign my name to this instrument on the ___ day of ___________,
l98___, and being first sworn, delcare to the undersigned authority that I
sign it willingly; that I execute it as my free and voluntary act for the
purposes expressed in it, and that I am l8 (OR WHATEVER IS THE AGE OF
MAJORITY IN YOUR STATE) years of age and older, of sound mind, and under
no constraint or undue influence.


___________________________________
(NAME OF PERSON WHOSE WILL THIS IS)

(THE BLANKS BELOW CAN BE HANDWRITTEN IN AT THE TIME OF SIGNING THE
WILL / SEE NOTES BELOW CONCERNING SIGNING THE WILL)


We, (NAMES)________________________, _____________________,
and _______________________, witnesses, sign our names to this
instrument, and being first sworn, declare to the undersigned authority
that the testator(rix) signs and executes this instrument as his/her Will
and that (s)he signs it willingly and that each of us, in the presence and
hearing of the testator(rix), signs this Will as witness to his/her signing
and that to the best of our knowledge, the testator(rix) is of legal age, of
sound mind, and under no constraint or undue influence.


Witness:(SIGNATURE)______________________________ Residing
at:(WITNESS ADDRESS)______________________________
______________________________
______________________________


Witness:______________________________ Residing
at:______________________________
______________________________
______________________________


Witness:______________________________ Residing
at:______________________________
______________________________
______________________________


STATE OF ________________)
                         )ss
COUNTY OF _______________)


          SUBSCRIBED AND SWORN to and acknowledged before me by
(NAME)_________________, the testator(rix), and subscribed and sworn
to before me by (NAMES}______________________,
________________________, and _____________________, witnesses,
this ____ day of _____________________, l9____.

         (SIG)_________________________________

Notary Public in and for the State of ______
My Commission Expires: ________

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THIS IS THE END OF THE WILL.  Make it look neat on your word
processor,save it on disk, and print it out.  After doing so
is the best time to show it to an attorney for advice as to any
particular twists in your state which you should be aware of.

SIGNING THE WILL.  The will is no good unless it is signed and witnessed!
It is set up to be signed in front of three witnesses and a Notary Public.
Most states require only two witnesses but a notary makes it go through
probate easier in many state and a few places require three witnesses.
(You might move there some day).  Use all four to be safe.  The will should
be signed by everyone at the same time.  THE WITNESSES AND NOTARY
CANNOT BE HEIRS OR OTHERWISE MENTIONED IN THE WILL.  We recommend
having the person whose will it is initial every page (you can set that up
easily with footers if you have them on your word processor) and then sign
with his or her full name where noted at the end.

WHERE TO KEEP YOUR ORIGINAL WILL.  Once the will is signed it should be
kept in a safe place where your heirs can find it upon your death, hopefully
after many many years.  Most probate courts have a will register where
you can file original wills.   Giving the original to your primary heirs and
fiduciaries is another approach, and they should definitely have at least a
copy.  DO NOT PUT YOUR WILL INTO A SAFETY DEPOSIT BOX !  Such boxes
often cannot be opened until probate, which could defeat the whole purpose
of keeping probate to a minimum.  Use common sense as to where
your heirs can find best find it after your death.