SIMPLE WILLFORM, Version 1.25, COPYRIGHT (C),1989, by OLD LAWYERS TRICKS ,P.O. Box 230975, Anchorage, Alaska, 99523-0975, (Compuserve User I.D. 76545,2427; GEnie User # XTH17619). 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 go 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. ********************************************************** ********************************************************** (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 (RESIDENCE 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 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. (IF ALLOWABLE IN YOUR STATE (ASK A LOCAL ATTORNEY) 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; IN ALL LIKELIHOOD YOU WILL NOT CHANGE IT,ALTHOUGH YOU SHOULD AT LEAST REVIEW IT FROM TIME TO TIME. 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, HOWEVER, YOU SHOULD ACTUALLY SIT DOWN AND WRITE OUT THE LIST OF BEQUESTS, PUTTING IT WITH THE ORIGINAL WILL, AND REVIEW THE LIST AND MAKE DESIRED 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, to my children/child, in equal shares, and to their descendants by right of representation, consistent with Article V below. (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 / HEIRS) shall not survive me, 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...
Amiga7878