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SP-POUR.TXT
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*** SP-POUR.TXT
*******************************
*** C A U T I O N ***
*******************************
Do Not Use These Documents Without Consulting
An Estate Planning Attorney.
The purpose of this software product is to assist you in the
preparation of sample estate planning documents. You must have these
documents reviewed and approved by an Estate Planning Attorney to
ensure that the documents meet your particular needs, as well as to
ensure that the documents conform to requirements of state and federal
laws.
JIAN and the authors of the software do not represent or guarantee
that these documents are appropriate for your needs, satisfy any
provision of state or federal law or will have any particular state or
federal tax effect.
----------------------------------------------------------------------
REMEMBER
to change the complete insertion code (***Q1***, ***Q2***, etc.)
and not just the "Q1" or "Q2".
This document references the following insertion codes:
Q1, Q3, Q4, Q5, Q6, Q7, Q11, Q12, Q13, Q14, Q24
**********************************************************************
Single Person's "Pourover" Will
This document provides for after-death distribution of your personal
effects and "pours over" other assets not held in the name of the
trust at the time of death to the trust (through probate, if
necessary). This document ensures that, in the event some of your
assets are inadvertently owned outside the trust, all such assets will
ultimately be included in the trust and distributed in accordance with
the terms of the trust.
This Document Must Be Reviewed By An Estate Planning Attorney
Before You Sign It.
**********************************************************************
___________________________________
LAST WILL AND TESTAMENT
OF
***Q1***
___________________________________
I, ***Q1***, a resident of the County of ***Q4***, State of ***Q5***,
do make and declare this to be my Will, and I revoke all my prior
Wills and Codicils.
FIRST: Declaration Concerning Family. I declare that I am not
married. ***Q24***
SECOND: Nomination and Appointment of Executor. I hereby nominate
and appoint ***Q11*** to be my Executor hereunder, to serve without
bond. In the event my nominee fails to become or at any time ceases
to be the duly appointed and acting Executor hereunder, I nominate
***Q12*** as Executor, to serve without bond. The term "Executor" as
used herein shall apply regardless of gender.
THIRD: Last Illness and Funeral Expenses; Powers of Executor. I
direct my Executor to pay my last illness and funeral expenses. I
authorize my Executor to receive and retain any of my property; to
sell, at public or private sale, encumber or lease any property of my
estate without notice, at such prices and upon such terms as he deems
best, and without the giving of any bond, subject, however, to such
confirmation as may be required by law; to hold, manage and operate
such property; to continue the operation of any business of my estate,
alone or in partnership with others, for such times and in such manner
as deemed advisable, or to sell or liquidate such business, and any
such operation, sale or liquidation shall be at the risk of my estate
and without liability on my Executor for any losses resulting
therefrom; to invest and reinvest surplus moneys in such investments
as he deems advisable; to determine what is principal and what is
income of my estate and to allocate and charge to either principal or
income any debts, taxes and expenses of administration.
FOURTH: Distribution of All Property; Non Exercise of Power of
Appointment. It is my intention by this Will to dispose of all of my
property. I do not intend hereby to exercise any power of appointment
which I may have arising from that Trust Agreement described
hereinafter in Paragraph SIXTH.
FIFTH: Disposition of Personal Effects. Except as provided in any
written instructions to my Executor regarding the disposition of
personal effects, I give any interest I may have in all personal
automobiles, clothing, jewelry, china, silver, books, pictures and
other works of art, household furniture and furnishings and all other
items of domestic, household or personal use to the Trustee of that
Trust Agreement described in Paragraph SIXTH. The bequests made by
this paragraph shall be free and clear of estate and inheritance
taxes, which I direct my Executor to charge against the residue of my
estate.
SIXTH: Disposition of Residue of Estate.
(1) All the rest, residue and remainder of my estate, both real
and personal and of whatever kind and wherever situated, I give,
devise and bequeath to the individual or bank then acting as Trustee
under that certain Trust Agreement designated as ***Q3***, signed
earlier this day and bearing the same date as this Will, of which I am
the Trustor and the Trustee, to be combined with the other assets of
the trust and held, administered and distributed as a part of that
trust, according to the terms thereof and any amendments made to it
prior to my death. It is my intent, if it be permissible, not to
create a separate trust by this Will and not to subject ***Q3*** or
the property added to it by this Subparagraph (1) to the jurisdiction
of the probate court.
(2) If for any reason the disposition in Subparagraph (1) is not
operative or is invalid, or if the trust referred to in Subparagraph
(1) fails or has been revoked, then I give the rest, residue and
remainder of my estate to the individual or bank which would have been
Trustee of such trust had such trust been operative, valid and
unrevoked at my death, to be held, administered and distributed under
the terms and conditions of ***Q3***, signed earlier this day and
bearing the same date as this Will, which trust is incorporated herein
by reference.
(3) Anything else herein to the contrary notwithstanding, should
any portion of such trust be terminable upon my death, the disposition
made in this Paragraph SIXTH shall be made directly to the
beneficiaries for whom the outright distribution from the trust shall
be made, and the remainder which will remain in such trust, if any,
shall pass into such trust under the provisions of Paragraph SIXTH (1)
or (2), as the case may be.
(4) Should the Trustee of that trust described in Paragraph SIXTH
(1) and (2) elect not to pay any or all of the estate, gift or
inheritance taxes from such trust, then, to the extent they are not so
paid, all taxes levied by the United States or any state, district,
territory or possession thereof upon or because of any property
passing under this Will or any Codicil thereto or by reason of any
transfer or gift made by me during my lifetime or at my death, or
which may be imposed by reason of my death, or the acquisition of
property by any person upon my death by succession, inheritance,
survivorship or otherwise, shall be paid out of the residue of my
estate as an expense of administration. My Executor is authorized to
accept any distributions from the Trustee of that trust described in
Paragraph SIXTH (1) or (2) for purpose of such payment.
SEVENTH: Omitted Heirs; Will Contests. Except as otherwise specified
in this Will, I have intentionally and with full knowledge omitted to
provide for my heirs at the time of my death. If any beneficiary
under this Will or heir at law of mine or person claiming through any
of them shall contest or otherwise challenge the validity of this Will
or attack any of its provisions or the trust described in Paragraph
SIXTH herein, directly or indirectly, any share or interest in my
estate given to such person under this Will is hereby revoked, and
such share or interest shall be distributed in the same manner
provided herein as if such person had predeceased me.
EIGHTH: Partial Invalidity. Should any part, clause, provision or
condition of this Will be held to be void, invalid or inoperative,
then I direct that such invalidity shall not affect any other
provision hereof, which shall be effective as though such invalid
provisions had not been made.
NINTH: Guardians. In the event any guardianship of a minor child
of mine is required, I hereby nominate and direct that ***Q13*** be
appointed as guardian of the person and estate of such minor child.
If for any reason ***Q13*** is unable or unwilling to act as such, I
nominate ***Q14*** as guardian of the person and estate of such minor
child. I direct that said guardian shall serve without being required
to furnish bonds of any kind.
IN WITNESS WHEREOF, I have signed and subscribed my name to this Will
this _______ day of _______________, 19___.
______________________________
***Q1***
The testator declared to us, the undersigned, that this instrument,
consisting of four (4) pages, including the page signed by us as
witnesses, was the testator's will.
The testator then signed this will in our presence, all of us being
present at the same time.
The testator appears to us to be over eighteen (18) years of age and
of sound mind, and we have no knowledge of any facts indicating that
this instrument or any part of it was procured by duress, menace,
fraud, or undue influence.
We understand that this instrument is the testator's will, and we
now subscribe our names as witnesses.
We declare under penalty of perjury under the laws of the State of
***Q5*** that the foregoing is true and correct.
WITNESS:______________________
Residing at
______________________________
______________________________
WITNESS:______________________
Residing at
______________________________
______________________________
STATE OF ***Q7*** )
: ss.
COUNTY OF ***Q6*** )
On the ______ day of _______________, 19___, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared ***Q1***, ________________________ (witness) and
________________________ (witness), known to me (or proved me on the
basis of satisfactory evidence) to be the persons whose names are
subscribed to the within instrument, and acknowledged to me that they
executed the same.
WITNESS my hand and official seal.
______________________________
Notary Public