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Last Will and Testament - Single with Minor Children

ABOUT THIS DOCUMENT

This Last Will and Testament may be used by an individual who is single with minor children. It is intended to adequately provide for the appointment of a personal representative who will administer the individual's last will and testament and carry out its provisions. This document will make sure that the individual's assets and property are distributed in the manner prescribed by the individual. It also includes a testamentary trust that will provide for any minor beneficiaries until they reach the age of twenty-one and appoints a guardian for the minor children. This document is a useful estate planning tool for individuals who want to determine the manner in which their assets are distributed upon death.

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This Last Will and Testament may be used by an individual who is single with minor

children. It is intended to adequately provide for the appointment of a personal

representative who will administer the individual's last will and testament and carry out

its provisions. This document will make sure that the individual's assets and property

are distributed in the manner prescribed by the individual. It also includes a

testamentary trust that will provide for any minor beneficiaries until they reach the age of

twenty-one and appoints a guardian for the minor children. This document is a useful

estate planning tool for individuals who want to determine the manner in which their

assets are distributed upon death.

LAST WILL AND TESTAMENT OF



_______________________________________

[Instruction: Insert the name of Testator]



I, _______________________________________, [Instruction: Insert the name of testator] a

resident of __STATE__, under __STATE__ [STATUTE], being of legal age and sound and

disposing mind and memory, and not being actuated by any duress, menace, fraud, mistake, or

undue influence, do make, publish, and declare this to be my last will and testament (hereinafter

the “Last Will and Testament” or the “Will”), hereby expressly revoking all Wills and Codicils

previously made by me.



ARTICLE I



MARRIAGE AND CHILDREN



I am single. I am the parent of the following minor children:



[Instruction: Insert the name(s) of the minor Child(ren) and their respective Date of Birth]



Name: __________________________ Date of Birth: __________________

Name: __________________________ Date of Birth: __________________

Name: __________________________ Date of Birth: __________________





ARTICLE II



PERSONAL REPRESENTATIVE



I appoint ____________________________________ [Instruction: Insert the name of

Personal Representative] as Personal Representative of this my Last Will and Testament and

provide if this Personal Representative is unable or unwilling to serve, then I appoint

____________________________________ [Instruction: Insert the name of Alternate

Personal Representative] as alternate Personal Representative. My Personal Representative

shall be authorized to carry out all provisions of this Will and pay my just debts that may be

probated, registered, and allowed against my estate. However, this provision shall not extend the

statute of limitations for the payment of debts, or enlarge upon my legal obligation or any

statutory duty of Personal Representative to pay debts and funeral expenses.



No bond or security of any kind shall be required of any personal representative appointed in this

will.



My personal representative, whether original, substitute, or successor shall hereafter also be

referred to as my “Executor”.



ARTICLE III



GUARDIAN





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In the event I shall die as the sole parent of minor children, then I appoint

______________________________ [Instruction: Insert the name of the Guardian] as

Guardian of said minor children. If this named Guardian is unable or unwilling to serve, then I

appoint ___________________________ [Instruction: Insert the name of the alternate

Guardian] as alternate Guardian.



ARTICLE IV



BEQUESTS



I will, give, and bequeath unto the persons named below, if he or she survives me, the Property

described below: [Instruction: Specify the name of people and details of property you wish

to give them in the sections provided below]



Name :_____________________________________

Address :_____________________________________

Relationship :_____________________________________

Property : ________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

________________________________________________________________________.



Name :_____________________________________

Address :_____________________________________

Relationship :_____________________________________

Property : ________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.



Name :_____________________________________

Address :_____________________________________

Relationship :_____________________________________

Property : ________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

_____________________________________________________________________________.



If a named beneficiary to this Will predeceases me, the bequest to such person shall be

distributed with residuary clause.



ARTICLE V



PRIMARY RESIDENCE OR HOMESTEAD







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I will, devise, and bequeath all my interest in my homestead or primary residence, if I own a

homestead or primary residence on the date of my death that passes through this Will, to my

minor child(ren), ___________________________________________ [Instruction: Insert the

name of minor child(ren) who receives primary residence or homestead] If I have and name

more than one minor child(ren), they are to receive the property ______________ [Instruction:

Choose the appropriate: equally, per stirpes, or equally and the survivor].



ARTICLE VI



ALL REMAINING PROPERTY – RESIDUARY CLAUSE



I direct that my residuary estate be distributed in ____________________________

[Instruction: Choose the appropriate: equally, per stirpes, or equally and the survivor] to

__________________________ [Instruction: Insert the name of minor child(ren) who

receives all other left over property].



ARTICLE VII



PROPERTY TO VEST IN TRUSTEE FOR MINOR BENEFICIARY



If at the time of my death, my child(ren) are minors under the age of Eighteen (18) years of age,

then I direct that my Personal Representative to transfer, assign, and deliver all the assets that

have passed under this will to any minor child(ren) to my Trustee, named below. I direct my

Trustee to hold said minor beneficiaries’ share of my estate on the following terms and

conditions:



1. The Trust property shall be held and administered by the Trustee, under the provision of this

Will, in order to provide for health, education, and general welfare in accordance with their

accustomed standard of living as much as is possible.



2. As each minor
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