The person making the will is known as the TESTATOR. The person(s)
who inherit the Testator's property are known as the BENEFICIARIES.
The person(s) who is responsible for seeing that the terms of the will
are carried out is known as the EXECUTOR. If a trust is created
in the will (usually for minor children), the person who holds and manages
the property for the benefit of the children is the TRUSTEE. Also
in the case of minor children, the person who has physical custody of them
(in the event of the death of both parents) is known as the
GUARDIAN.
The executor, trustee, and guardian can all be the same person or the Testator
may designate different persons for different tasks. The Testator may also
designate more than one person to act as Co-Executors, Co-Trustees, or
Co-Guardians.
A typical plan for an individual, who is married and has minor children,
is to leave everything to the spouse and if he or she should fail to survive
the Testator (die before the person making the will), then to a Trustee
for the benefit of the minor children until they reach a certain age (i.e.;
18, 21, 25, etc.). A more sophisticated estate plan is required for persons
who have large estates (generally being defined as being in excess of $625,000.00,
for both a husband and wife, inclusive of life insurance proceeds and any
property). Your accountant and/or financial advisor may advise you as to
whether you need a "Marital Deduction Trust".
Your Name (as you want it to appear on the documents):
__________________________________________________________________________
First Name Middle Name
Last Name
Spouse's Name:
__________________________________________________________________________
First Name Middle Name
Last Name
Phone Number_________________________________
Address:___________________________________________________________________
Children's Names:
1.
_________________________________________________________________________
First Name Middle Name
Last Name
Was this child born of this marriage (husband and wife listed above)?
_______
If not, who is the mother and father of child listed above?____________________________
Age __________
2.
_________________________________________________________________________
First Name Middle Name
Last Name
Was this child born of this marriage (husband and wife listed above)?
_______
If not, who is the mother and father of child listed above?____________________________
Age _______
3.
_________________________________________________________________________
First Name Middle Name
Last Name
Was this child born of this marriage (husband and wife listed above)?
_______
If not, who is the mother and father of child listed above?____________________________
Age ______
4.
_________________________________________________________________________
First Name Middle Name
Last Name
Was this child born of this marriage (husband and wife listed above)?
_______
If not, who is the mother and father of child listed above?____________________________
Age _______
Estate Plan:
_________ All property to my spouse
_________ All property to my children in equal shares
_________ All property to my spouse and children in equal shares
_________ All property to my spouse, or if he/she dies then to my children
in equal shares
_________ other
If you checked "other", in your own words state how you would like to
leave your property.
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Who would you like to be named as the Executor/Executrix of your Last
Will and Testament?
_________________________________________________________________________
First Name Middle Name
Last Name
Who would you like to be named as the alternate (appointed to serve
in the event that the Executor/Executrix you appointed above is unable
to fulfill duties) Executor/Executrix of your Last Will and Testament?
_________________________________________________________________________
First Name Middle Name
Last Name
In the event that your children or child is under the age of 18, please list the full name of the Guardian(s) (person that would be responsible for your child's physical well-being)you wish to be appointed for your child/ren in the event that you and your spouse are killed in a common disaster:
note: you may list either one or two
Guardian ______Co-Guardians _____________Primary and Alternate
Guardian
_________________________________________________________________________
First Name Middle Name
Last Name
_________________________________________________________________________
First Name Middle Name
Last Name
Would like for the Trustee (person responsible for managing child/ren's
portion of estate in the event that you and your wife are killed in a common
disaster) and the child's Guardian to be the same person(s)? ________
If not, please state Trustee's name(s) below: _______Co-Trustees ________Primary
and Alternate
_________________________________________________________________________
First Name Middle Name
Last Name
_________________________________________________________________________
First Name Middle Name
Last Name
Name of child that is under the age of 18:
_________________________________________________________________________
First Name Middle Name
Last Name
Name of child that is under the age of 18:
_________________________________________________________________________
First Name Middle Name
Last Name
Name of child that is under the age of 18:
_________________________________________________________________________
First Name Middle Name
Last Name
Do you have any specific instructions as to the disposition of you remains,
such as cremation, donation for medical or scientific purposes, organ donation,
burial at a specific cemetery, or at sea, or military honors? If so, please
list below:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
LIVING WILLS AND POWERS OF ATTORNEY
In addition to a will, other documents which can be prepared for you
include a living will, a durable health care power of attorney, and a general
power of attorney. The living will and durable health care power of attorney,
taken together, provide for an enforceable expression of your desire not
to be sustained on life support systems if you are not in a terminal condition
and are unable to speak for yourself.
________ I do not wish to have a Living Will or Durable Health Care Power of Atty. at this
time.
If you do wish to have a Living Will and Durable Health Care Power of
Attorney prepared, please designate the individual you wish to make health
care decisions, and if desired, a successor:
_______ I choose my spouse
_______ I choose _________________________________________________________
Name Relationship to you
as successor, I name ____________________________________________________________
Name Relationship to you
The General Power of Attorney gives to another individual the broadest
possible legal authority to act in your name. It can be drafted to be immediately
effective or only in the event of your subsequent incompetence or disability.
_________ I do not wish to have a General Power of Atty. at this time
If you wish to have a General Power of Attorney, please designate the
individual you wish to act as your agent, and, if desired, a successor:
_________ I choose my spouse
_________ I do not choose my spouse, I choose ____________________________________
as successor, I name _____________________________________________________________
Do you wish the General Power of Attorney to only be effective in the
event of your subsequent incompetence or disability? Yes ______ No________
_________________ _______________________________________
Date Signature of Client
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