Last Will and Testament
A Will is a document where you state your intentions of who ("Beneficiaries") will receive your property upon death, and the person or organization ("Executor") who will carry out your wishes.
After your death, your assets will be used to pay any debts or expenses you have. The remaining assets will then be distributed according to the Will. The Will distributes assets in two ways: specific bequests and the residuary estate.
This Will is appropriate for a wide variety of individuals. It contains provisions for people who are married or single and will allow you to provide for your children should anything happen to you.
If your estate is expected to be larger than the federal applicable exclusion amount ($11,580,000), it may be desirable to use specialized estate planning techniques, Please contact my office for more information.
Note: A separate will should be created for each person. Even for married couples, a "joint will" is not recommended.
Whose Will is this?
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You can clearly state that you are not married at the time this Will is being created. This might be important if you were previously married but have since divorced.
"Children" includes any adopted or natural children, but does not include most unadopted stepchildren.
Use your children's complete legal names. For example, Jennifer Kathleen Parker. Do not enter the name of a child that you will exclude as a beneficiary of this Will.
If you select "yes," you can provide for any additional biological or adopted children you may have in the future. This is in addition to the child or children you've already named. In most states, your stepchildren are not legally considered your children unless you've adopted them.
Select "Yes" if you want to explicitly state that any of your children will not receive anything in your Will. Sometimes there are restrictions on who can be excluded.
Enter the name of the child who will be excluded as a beneficiary of your Will.
Select "Yes" if anyone else (other than any children listed previously) will be intentionally excluded as a beneficiary in your Will. Sometimes there are restrictions on who can be excluded.
Bequests are gifts of your property to named beneficiaries. Bequests are distributed before the rest of your estate.
Select "Yes" if the specific bequests should only be made if your children do not survive you.
You may choose to give all your remaining tangible personal property to your spouse or children, so that they receive your vehicles, clothing and household furnishings. This will allow your family members to experience the least possible amount of disruption to their day-to-day lifestyle.
Enter a description of a specific bequest, one at a time, along with the person who will receive it. For example, "$1,000", "My baseball card collection", or "My 1957 Chevy." If your specific bequest is real property, be sure to include the property's address. If you do not name an alternate beneficiary, and the first beneficiary dies before you, the bequest will be distributed as a part of the rest of your estate.
Digital Assets refer to online accounts, such as email accounts or social-networking sites, or files saved on computers or servers, as well as any other kind of digital property.
Provide the identifying information regarding each digital asset, such as the website or account name, etc., then provide any information your Digital Executor may need to access your digital asset.
Name of Digital Asset | Where to Access | Username | Password | Additional Information
This is any tangible property you haven't specifically bequeathed. The most likely recipient is your spouse, and if your spouse doesn't survive, then to your children in equal shares. If you do not name an alternate beneficiary, the tangible personal property will be distributed as part of the residuary estate.
Beneficiary | Alternate Beneficiary
Your residuary estate is what's left after paying any debts, expenses, and specific bequests. Your heirs-at-law are typically any of your children, grandchildren, parents, siblings, or other relatives who survive you, depending on your state's law.
Enter the percentage of your residuary estate you'd like distributed to your children directly (not in a Children's Trust). Be sure that all percentages for your residuary estate add up to 100%.
Your heirs-at-law are typically any of your parents, siblings, or other relatives who survive you, depending on your state's law.
Be sure that all percentages for your residuary estate add up to 100%.
Please use a full name and city of residence. For example: John Williams, Morro Bay, California, 25. You can add up to six beneficiaries using this interview. To add more, edit your document from the summary page once it's complete. Be sure that all percentages for your residuary estate add up to 100%.
Enter the age that your children should reach before the Trustee divides the Trust into separate shares and begins to pay them out without regard to need. For example, "25" years old. Each child will begin to receive their share of the trust when they reach that age. Each child's share can be paid in one lump sum or three installments.
Select the first option if the Trust should be distributed all at once in equal shares to your living children. Select the second option if the Trust should be distributed in three installments, beginning when the youngest child reaches the age previously entered.
Enter the ages at which each child should receive the second and third installments of that child's separate trust share. Each age should be higher than the age previously entered as an earlier distribution.
Select the option that describes who will receive the remaining Children's Trust assets if no children or grandchildren are surviving to receive the final distributions from the Trust. Heirs-at-law are people who would have been entitled to the assets of your estate if you hadn't written a Will (typically, this means parents, siblings, or other relatives).
This person (or organization) is called a "Trustee." They'll manage the trust assets and make distributions in accordance with the terms of the trust for the minor children. The Trustee may be the same as the Guardian. Select whether one Trustee working alone or two Co-Trustees working together will carry out the terms of the Children's Trust.
A bond can protect your beneficiaries if the Trustee misappropriates the trust assets. As bonds are expensive, you may decide to not require one.
If your acting Trustee can no longer serve, either a Successor Trustee or Co-Successor Trustees can manage the trust assets.
A bond can protect your beneficiaries if the Trustee misappropriates the trust assets. As bonds are expensive, you may decide to not require one.
If your acting Trustee can no longer serve, either a Successor Trustee or Co-Successor Trustees can manage the trust assets. Who can serve as an alternate?
A bond can protect your beneficiaries if the Trustee misappropriates the trust assets. As bonds are expensive, you may decide to not require one.
If it becomes necessary to appoint a successor Trustee and there are no further nominations in this Will, consider whether that yet-unnamed successor Trustee should be bonded.
Enter the number of days' notice that the Trustee (or any successor Trustee) must provide before a resignation by that Trustee becomes effective. For example, "60" days.
If you select "Yes," the Trustee will be required to let the Beneficiaries know, on a regular basis, how much is in the Trust.
Select "Yes" to authorize the Trustee to hold Trust assets as a single fund, but with separate shares for each Beneficiary. It is RECOMMENDED that this option be selected because it often reduces the expense of operating the Trust.
For example, payments to a college to cover a child's tuition.
Enter the amount you think would cover the expenses related to the care of your pet. You can include money for veterinary bills, food, toys, grooming, etc., for the life of your pet. For example: $10,000.
What are your specific instructions on how to handle your remains, your memorial service, or the location of your final resting place, or any other special requests or last wishes?
Also known as executors. Please provide the name(s) of individuals (preferably a resident of your state).
A bond can protect your beneficiaries if the Executor misappropriates the estate assets. As bonds are expensive, you may decide to not require one.
Select "Yes" if the Executor will have the option to administer the estate with reduced intervention and supervision by the probate court, if available. This option may not be appropriate for larger estates.
You can include a provision that relieves the Executor ("Fiduciary") from personal liability arising out of the performance of the Executor's duties, as long as the Executor acts in good faith.
You can include a statement regarding the resolution of disputes between Beneficiaries if the Beneficiaries cannot resolve the problems themselves.
Please provide the name, address, and email of TWO (2) persons who will witness your signature to the Will. Preference is that the person is not a beneficiary of the Will.
This field is for validation purposes and should be left unchanged.