LAST WILL AND TESTAMENT

• Worksheet -- information you should prepare before drafting a will
  
• Sample will
  
• Some suggestions about drafting a will

WORKSHEET

Do not use any nicknames or abbreviations. The name must be your legal name, not your social name.

Social Security Number:

Although not mandatory, a social security number will help to positively identify the document as your Last Will and Testament.

City where you reside:

State where you reside:

Marital Status:

Spouse Name:

Enter your spouse's full legal name. Do not use nicknames or your spouse's social name. For example, use "Mary B. Doe" not "Mrs. John Doe".

Do you have any children?

Do you want to give specific items of your property or specific amounts of cash to any individual or organization?

You may give specific gifts, also called "specific bequests," of personal property, real property, and specific amounts of cash to people or organizations.

How many persons or organizations do you want to receive your residuary estate?

Your residuary estate is all the property left in your estate after you've made any specific gifts. You must name a residuary beneficiary for your estate.

Name of the person or organization you want to receive the residuary estate:

It is helpful to precede the name of a residuary beneficiary with a brief description of your relationship. [Example: my friend, Jack Smith]

How many alternate beneficiaries would you like to specify?

Your alternate choice will receive this portion of your residuary estate only if your named residuary beneficiary choice fails to survive you by 30 days.

Name of the person or organization you want to designate as an alternate to receive your residuary estate should the residuary beneficiary fail to survive you by 30 days.

Please use the full legal name. If you're naming an organization, be as specific as possible in naming it. [Example: the Halstead Street Shelter in Hometown, Ohio]

Who will be the Executor of your estate?

Please use the full legal name of your choice. This person will be responsible for carrying out the terms of your Will. Do not use social names, nicknames or abbreviations. [Example: Barbara Cantwell]

Do you want your Executor to be bonded?

The purpose of bonding your Executor is to protect the value of assets in your estate from the Executor's gross negligence or willful misconduct in handling your estate.

Keep in mind that the cost obtaining a bond is an expense of your estate, and in effect reduces the amount you leave your Beneficiaries.

If this person cannot serve as Executor, who do you want to name as an alternate?

If your first choice as Executor cannot serve for any reason, you should name an alternate choice.

How do you want to pay unsecured debts and expenses owed by your estate?

You can leave instructions for your Executor regarding the payment of debts you owe when you die.

Do you want to forgive any debts that are owed to you?

You cannot forgive a debt if it is jointly owed to you and another person.

How do you want estate or inheritance taxes paid?

In some, but not all states, estates with a total value of less than $600,000 are exempt from federal and state taxes.

Do you want to leave any instructions about your funeral, burial or cremation in your Last Will and Testament?

Do you want to disinherit anyone who contests your Will?

You can choose to disinherit anyone who challenges any of your Will's provisions.

I, [LEGAL NAME] , of [CITY] , [STATE] , being of sound mind and under no restraint, hereby publish and declare this instrument to be my Last Will and Testament, revoking all previous Wills and Codicils I have made. I am married to [SPOUSE NAME] . I have no children.

ITEM I
I give the entire residue of my estate, whether real, personal or mixed, to [RESIDUARY NAMES] . If [RESIDUARY NAMES] fails to survive me, then I give the entire residue of my estate to [SINGLE ALTERNATE].

ITEM II
I nominate and appoint [EXECUTOR] as Executor of this, my Last Will and Testament, to serve without bond. If the above-named Executor is unable or unwilling to serve, or otherwise fails to complete the administration of my estate, I nominate and appoint [ALTERNATE EXECUTOR] instead. Said Executor shall serve without bond.

ITEM III
I direct my Executor to pay all of my legally enforceable debts, the expenses of my funeral and burial or cremation, and the expenses of the administration of my estate in the manner prescribed by state law.

ITEM IV
In addition to the powers conferred on my Executor by law, I authorize my Executor to do all acts which my Executor deems necessary or appropriate in order to achieve the purposes of this, my Last Will and Testament, including the power to sell or dispose of property and distribute the proceeds of such sale or disposal as part of my estate; to retain property without liability for any depreciation or loss which may result; to settle, compromise, or abandon any claim either for or against my estate; to vote stock or exercise any of the rights of ownership of any stocks or bonds which form a part of this estate; to continue or participate in the operations of any business which forms a part of this estate, all as fully as I could do if living.

ITEM V
I authorize my Executor to utilize the services of an attorney, accountant and any other professional as may be necessary or desirable in the administration of this, my Last Will and Testament. The expenses incurred by my Executor using such professional services shall be an expense to my estate and shall be paid by my estate.

ITEM VI
I direct my Executor to pay out of the assets of my residuary estate, all inheritance, transfer, estate and similar taxes (including interest and penalties) on any property or interest in property included in my estate for the purpose of computing taxes. My Executor shall not require any beneficiary under this Will to reimburse my estate for taxes paid on property passing under the terms of this Will.

ITEM VII
My Executor named herein shall be entitled to reasonable compensation commensurate with the services actually performed and to reimbursement for expenses properly incurred.

ITEM VIII
It is not my intention to make provision in this, my Last Will and Testament, for any relative or any other person not expressly provided for herein, except for children born to or legally adopted by me after the date of this instrument, and if any such person has not been expressly mentioned herein, he or she has been omitted by me intentionally and with full knowledge of his or her relationship and existence, and not by any oversight or neglect.

ITEM IX
If, subsequent to the execution of this, my Last Will and Testament, there shall be any child or children born to or legally adopted by me, such child or children shall share in the benefits of my estate to the same extent as he or she would have shared had I died without a Will, and the provisions of this Will shall be modified to the extent necessary to see that this is done.

ITEM X
Where appropriate to the context, pronouns or other terms expressed in one number or gender shall be deemed to include the other number or gender, as the case may be.

ITEM XI
Any person or organization named or referred to herein shall be deemed to have survived me only if such person or organization shall in fact survive me for a period of at least thirty (30) days. Any person or organization named or referred to herein who shall not survive me for a period of at least thirty (30) days shall be deemed to have died before I do.

IN WITNESS WHEREOF, I have signed my name, declaring and publishing this instrument as my Last Will and Testament, in the presence of the undersigned Witnesses on this __________ day of ___________________________, 19__.

______________________________
[LEGAL NAME]

ATTESTATION

We hereby certify that this Last Will and Testament was signed, declared and published by [LEGAL NAME] as his Last Will and Testament on this day, in our presence and in the presence of each other, and we sign our names below as Witnesses in his presence, at his request and in the presence of each other on this __________ day of ___________________________, 19__.

_____________________ Resides at ________________________
[Witness 1 Signature]

_____________________; City, State, Zip ________________________
[Witness 1 Name (Printed)]

_____________________ Resides at ________________________
[Witness 2 Signature]

_____________________; City, State, Zip ________________________
[Witness 2 Name (Printed)]

_____________________ Resides at ________________________
[Witness 3 Signature] _____________________; City, State, Zip ________________________
[Witness 3 Name (Printed)]

AFFIDAVIT

We, _________________, _______________________, ________________________, and ______________________, the Testator and Witnesses, having first been duly sworn, do solemnly swear that in our presence and in the presence of each other, [LEGAL NAME] signed, declared and published the foregoing instrument on ____________________________, 19____, as his Last Will and Testament, and asked each of us to serve as Witnesses. Each of the Witnesses signed this Last Will and Testament as Witnesses, in the presence of [LEGAL NAME] and in the presence of each other. At the time of signing this Last Will and Testament, [LEGAL NAME] appeared to us to be of sound mind, free from duress, fraud or undue influence. Each of us who signed the foregoing instrument as a Witness is twenty-one (21) years of age or older and fully competent to serve as a Witness.

Date: ______________________ Legal Name Testor: ________________________________

Date:______________________ Witness 1: ________________________________

Date: ______________________ Witness2: ________________________________

Date: ______________________ Witness 3: ________________________________

Subscribed and sworn to before me by ______________________, _________________________, ________________________, and __________________________, each of whom is known to me personally, this _______ day of ________________________, 19____.

My Commission Expires: ________________________________
______________________ NOTARY PUBLIC
(SEAL)

1. You will need three witnesses. You should sign your Will in front of the three of them at the same time. As you sign it, tell them that this document is your Last Will and Testament and that you are asking them to sign it as witnesses. (You may also want to initial each page to prevent anyone from making alterations to your Will. If you do, initial it at the bottom of each page, and have your Witnesses put their initials next to yours.) You do not have to reveal the contents of your Will to your Witnesses.

2. Have the Witnesses sign on the appropriate lines. You must watch each Witness sign, and each of them must watch the others sign.

3. In most states, the Affidavit that printed with your Will allows your Executor to begin the probate of your estate without having to call your Witnesses to court to prove that your Will is really your Will. (This is called "proving" the Will; the affidavit is called a "self-proving" affidavit.)

To make your Will self-proving, you should read and sign the affidavit on the line indicated. Your Witnesses should read the affidavit and sign it in your presence, in the presence of each other, and in the presence of a notary public.

While certain states do not recognize self-proving affidavits, having one anyway will not affect your Will's validity. Neither will not having one in states that honor them. The choice is yours.

Your Witnesses should be at least 21 years old, and they should not include anyone who will receive any of your property under your Will.

DO NOT sign any copies of your Will, or make copies of your signed Will. Sign only the original, using the procedure outlined above.

DO NOT make any changes, alterations or additions to your Will once it is printed. If you need to make a change, go back to the program and print a new document. Be sure to destroy the incorrect Will immediately, so there is no confusion later about which version is the correct one.

Keep the executed original of your Will in a safe place. A fireproof file box or home safe is usually better than a bank safety deposit box, since some states seal the box on your death.

This could delay the probate of your estate. Wherever you keep your executed Will, be sure to tell someone you trust (for example, your Executor) where it can be found in the event of your death. Attaching a list of your assets (insurance policy numbers, bank account information, etc.) will help your Executor carry out your wishes with a minimum of delay.

Important Notice: This document and information is provided to assist and educate you regarding personal legal matters. Your use of this material does not create an attorney-client relationship with Court TV or OverDrive Systems, Inc. Be aware that procedures and laws vary from state to state and may change. You are advised to seek the advice of an attorney regarding any issues or questions you have regarding your own personal situation. Neither OverDrive Systems, Inc., nor Court TV represent or warrant that the document you create using any of this material will lead to the result you desire and therefore are not responsible for any liability for your use of this material.