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LEGALDOCS - Last Will and Testament Questionnaire


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This is an example of a completed Last Will and Testament.

THERE IS A CHARGE OF $15.45 TO OBTAIN AND PRINT THIS DOCUMENT. You can proceed with the Questionnaire, and obtain a Last Will and Testament free of charge, but to obtain the final, completed document, ready for viewing and instant printing (or Save-to-File), you will be asked to submit credit card information and will be billed $15.45. However, please feel free to complete or review this Questionnaire and the Summary which will be produced. It is educational and will provide some insight regarding which areas, minimally, should be covered, and will let you see if the subject matters important to you are covered in the Last Will and Testament

Once you pay for the document, you can return to this site and access and modify the completed document for 24 hours as long as you use the same computer. The completed document is available in MSWord format, so you can print and/or save it to your hard drive. You can then modify the document on your system in MSWord, or (during the initial 24 hour period) modify the document by clicking on the document link in legaldocs.com. You can also copy/paste the document into any other word processor and print or make changes as you desire.


This Long Form Last Will & Testament provides much greater flexibility than the Short Form Last Will & Testament, and includes provisions for disinheritance, guardianship matters, and testamentary trusts. It is crucial you carefully review the Summary and the final printed document to insure that your Last Will & Testament correctly sets forth your intent.

To complete your Last Will and Testament, fill out this form.

SECTION 1. PERSONAL INFORMATION

This Section 1. pertains to the person signing the Will.
Name:
Street Address:
City:
County:
State:

SECTION 2. MARITAL STATUS



 

SECTION 3. CHILDREN

I have the following number of children (natural or adopted) now living (if none, leave blank).

Child 1:
Child 2:
Child 3:
Child 4:
Child 5:
Child 6:
Child 7:
Child 8:
Child 9:
Child 10:

SECTION 4. DISINHERITANCE

Do you want to disinherit a certain person who under other circumstances you would normally provide for, such as a current spouse, child or other relative? If yes, type in the name or names of the person(s) you want to disinherit.

SECTION 5. DIVIDING YOUR ESTATE AFTER YOUR DEATH

After your death, your assets are gifted to your beneficiaries. You can make specific gifts, such as "my home to my friend XXX" or "my siblings equally". The balance of your Estate, after all specific gifts are made, is divided according to the "residual clause" below. Some people like to make many specific gifts, others make none or just a few and give "the residue to my spouse", or "the residue equally to my children". You may leave any spaces below blank, in which case that certain provision will be left out of the Will.

The Residence
I want to give my residence to

Household Goods and Furnishings
I want to give my household goods, furnishings, jewelry, clothes, and personal belongings to

Gifts of Other Specific Assets to Specific Persons
You can make a gift of any item to any person (or charity). For example, a wedding ring to a daughter, car to a specific child, card collection to a friend. (** If you make a specific gift, like your antique clock to your friend, and all household goods to your child, the specific gift will take precedence over the more general "household goods" gift.)

I want to give
My to
My to
My to
My to
My to
My to
My to
My to
My to
My to

The Residual Clause:
Whatever is left over after the specific gifts above, I want to give:

    to my Spouse
    1/2 to my Spouse and 1/2 to my Child (or equally to my Children)
    1/3 to my Spouse and 2/3 to my Child (or equally to my Children)
    to my Children equally
    equally to the following persons or entities:


    in the percentages and to the persons as follows (MAKE SURE the total equals 100%):
    percent to
    percent to
    percent to
    percent to
    percent to

    IF NONE OF THE ABOVE APPLY, write your own distribution language.
    (Note: do not capitalize or use a period at the end of the sentence.)
    FINISH THIS SENTENCE. "I give my Estate ... (for example: "to my alma mater Cornell University if they name their main library after me, and if not to my fraternity Phi Kappa Psi to create a fund to promote responsible drinking")



If any of the above named residual beneficiaries die before me, decline the gift or are no longer in existence (together referred to as "pre-deceased"), I want to give their share:

equally to my child(ren) named in this Will, and if any such child(ren) has pre-deceased me, his or her share shall pass to his or her surviving child(ren).

To the surviving children of the pre-deceased beneficiary, if any, and if he or she has no surviving children, then equally to the other beneficiaries shown above.

Equally to the other named beneficiaries shown above.

As follows (enter your own text. FINISH THIS SENTENCE:
"If any such named beneficiary fails to survive me by thirty days, I direct that his, her or its share pass ....."
(Do not capitalize the first word, and do not use a period at the end of the sentence.)

SECTION 6. EXECUTOR PROVISIONS

If you are married, the Executor is usually your spouse, with the next alternate Executor a responsible child or trusted friend. Try to anticipate if your named Executor (i) wants the responsibility, (ii) will be competent to assume the duties several or more years from now, and (iii) has the financial/business judgment you deem necessary to handle your estate.

I nominate to serve as Executor of my estate. In the event the first named person is unwilling or unable to act as Executor of my estate for any reason, I nominate to serve as Executor of my estate.

Should your Executor be bonded? Unless your Will allows the Executor to serve without bond, the court will usually require a bond. The estate pays for the bond. The cost of the bond depends upon the value of the estate, and may range between $200 in a smaller estate to $500 in a larger estate. If you highly trust your Executor, or the Executor is also the main or only beneficiary, you may consider not requiring a bond.

Yes, I want the executor to be bonded.

No, I want the executor to serve without bond.

Maximum or Minimum Court Supervision?
Unless otherwise specified, the court will require full court supervision of the Executor's actions. Full court supervision is a trade off - it makes administration of the estate more time consuming and possibly more expensive, but provides more safeguards against an Executor mismanaging or stealing estate assets. As with the bond, if you highly trust your Executor or the Executor is the main or only beneficiary, you may want to have minimal court supervision.

    I want full court supervision of the Executor's actions.
    I want the executor to be able to administer the Estate with the minimum amount of court supervision, and with full authority to take all actions allowed by state law, including the right to sell, trade, or borrow against real property of the Estate.
    I want the executor to be able to administer the Estate with the minimum amount of court supervision, and with authority to take all actions allowed by state law, EXCEPT the right to sell, trade, or borrow against real property of the Estate.

SECTION 7. GUARDIAN OF YOUR MINOR CHILD(REN)

Skip this Section if you do not have, and do not anticipate, any minor children.
Do you want to name a guardian of the person and of the estate to care for your minor children in the event of your death and there is no other parent of such child living?

    No, I do not want to name a guardian of the person or the estate.
    Yes, I want to name to serve as the legal guardian or guardians of the person and of the estate of my child or children.
    If this person or persons is for any reason unable or unwilling to serve as guardian, then I nominate to serve as the legal guardian or guardians of my child or children.

SECTION 8. TESTAMENTARY TRUST FOR YOUR MINOR CHILD(REN)

Skip this Section if you do not have, and do not anticipate, any minor children.
This provision allows, but does not require the Executor to create a Testamentary Trust and to manage these assets in a trust independent of court supervision. For ease of trust administration, the trustee usually is the person named as guardian, although this may not be the case if the guardian is not very competent to handle financial matters, and you know another person who you think is more competent.

Do you want to give the Executor discretion to create a testamentary trust to handle the estate of your minor child(ren) in the event of your death and such child is under 18 years of age?

    No, I do not want to give my Executor the discretion to establish a minor's Trust.
    Yes, I want to give my Executor the discretion to create a minor's Trust, and name to serve as the Trustee of such Testamentary Trust. If this person is for any reason unable or unwilling to serve as trustee, then I nominate to serve as the Trustee of such Testamentary Trust.

IMPORTANT: Complete this. This Will is being signed and witnessed in the State of:
THIS STATE DESIGNATION NEEDS TO BE THE SAME AS YOUR HOME STATE ADDRESS YOU INPUT ABOVE.


Remember, this Will is intended to cover most general situations. If the variations produced by this system are not sufficient for your needs (especially if you have complicated estate planning needs), you should seek legal counsel. Another option is to print the completed Will to file and "fine tune" the Will language to meet your needs.


This completes the information input for your Last Will and Testament. When you Send this Form, this program will prepare a Summary of the Last Will and Testament for your review. Make sure that all facts stated in the Summary are correct in all respects.




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