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FREEWILL.LZH
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TRUST
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1986-02-11
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14KB
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394 lines
CALIFORNIA STATUTORY WILL WITH TRUST
NOTICE TO THE PERSON WHO SIGNS THIS WILL:
1. THIS FORM CREATES A TRUST FOR YOUR DESCENDANTS.IF YOU DO NOT
WANT TO CREATE A TRUST, DO NOT USE THIS FORM.
2. IT MAY BE IN YOUR BEST INTEREST TO CONSULT WITH A CALIFORNIA
LAWYER BECAUSE THIS STATUTORY WILL HAS SERIOUS LEGAL EFFECTS ON
YOUR FAMILY AND PROPERTY.
3. THIS WILL DOES NOT DISPOSE OF PROPERTY WHICH PASSES ON YOUR
DEATH TO ANY PERSON BY OPERATION OF LAW OR BY ANY CONTRACT. FOR
EXAMPLE, THE WILL DOES NOT DISPOSE OF JOINT TENANCY ASSETS OR YOUR
SPOUSE'S SHARE OF COMMUNITY PROPERTY, AND IT WILL NOT NORMALLY
APPLY TO PROCEEDS OF LIFE INSURANCE ON YOUR LIFE OR YOUR RETIRE-
MENT PLAN BENEFITS.
4. THIS WILL IS NOT DESIGNED TO REDUCE DEATH TAXES OR ANY OTHER
TAXES. YOU SHOULD DISCUSS THE TAX RESULTS OF YOUR DECISIONS WITH
A COMPETENT TAX ADVISOR.
5. YOU CANNOT CHANGE, DELETE, OR ADD WORDS TO THE FACE OF THIS CAL-
IFORNIA STATUTORY WILL. YOU MAY REVOKE THIS CALIFORNIA STATUTORY
WILL AND YOU MAY AMEND IT BY CODICIL.
6. IF THERE IS ANYTHING IN THIS WILL THAT YOU DO NOT UNDERSTAND,
YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
7. THE FULL TEXT OF THIS CALIFORNIA STATUTORY WILL, THE DEFINI-
TIONS AND RULES OF CONSTRUCTION, THE PROPERTY DISPOSITION CLAUSES,
AND THE MANDATORY CLAUSES FOLLOW THE END OF THIS WILL AND ARE CON-
TAINED IN THE PROBATE CODE OF CALIFORNIA.
8. THE WITNESSES TO THIS WILL SHOULD NOT BE PEOPLE WHO MAY RECEIVE
PROPERTY UNDER THIS WILL. YOU SHOULD CAREFULLY READ AND FOLLOW THE
WITNESSING PROCEDURE DESCRIBED AT THE END OF THIS WILL. ALL OF THE
WITNESSES MUST WATCH YOU SIGN THIS WILL.
9. YOU SHOULD KEEP THIS WILL IN YOUR SAFE-DEPOSIT BOX OR OTHER SAFE
PLACE.
10. THIS WILL TREATS MOST ADOPTED CHILDREN AS IF THEY ARE NATURAL
CHILDREN.
11. IF YOU MARRY OR DIVORCE AFTER YOU SIGN THIS WILL, YOU SHOULD
MAKE AND SIGN A NEW WILL.
[A PRINTED FORM FOR A CALIFORNIA STATUTORY
WILL WITH TRUST SHALL SET FORTH THE ABOVE
NOTICE IN 10-POINT BOLD FACE TYPE]
i
FREEWILL BY C2
CALIFORNIA STATUTORY WILL
WITH TRUST OF
__________________________________________________________________
(Insert your name)
ARTICLE 1
Declaration
This is my will and I revoke any prior wills and codicils.
ARTICLE 2
Disposition of My Property
2.1. PERSONAL AND HOUSEHOLD ITEMS. I give all my furniture, fur-
nishings, household items, personal automobiles and personal items
to my spouse, if living; otherwise they shall be divided equally
among my children who survive me.
2.2. CASH GIFT TO A PERSON OR CHARITY.I make the following cash
gift to the person or charity and in the amount stated in words and
figures in the box which I have completed and signed. If I fail
to sign in the box, no gift is made. If the person mentioned does
not survive me, or the charity designated does not accept the
gift, then no gift is made. No death tax shall be paid from this
gift.
___________________________________________________________
| | |
| FULL NAME OF PERSON OR | AMOUNT OF GIFT $_______ |
| CHARITY TO RECEIVE CASH | |
| GIFT(Name only one.Please) | AMOUNT WRITTEN OUT: |
| print.) | |
| _________________________ | ___________________Dollars |
| | |
| | _________________________ |
| | Signature of Testator |
|_____________________________|_____________________________|
2.3. ALL OTHER ASSETS (MY "RESIDUARY ESTATE"). I adopt only one
Property Disposition Clause in this paragraph 2.3 by writing my
signature in the box next to the title of the Property Disposition
Clause I wish to adopt. I sign in only one box. I write the words
"not used" in the remaining boxes. If I sign in more than one box
or if I fail to sign in any box, the property will be distributed
as if I did not make a will.
1
PAGE 1 OF 5;CALIFORNIA STATUTORY WILL WITH TRUST OF
PROPERTY DISPOSITION CLAUSES (Select one.)
(a) TO MY SPOUSE IF LIVING; IF NOT
LIVING,THEN IN ONE TRUST TO PRO- ____________________
VIDE FOR THE SUPPORT AND EDUCA- | |
TION OF MY CHILDREN AND THE DE- | |
SCENDANTS OF ANY DECEASED CHILD | |
UNTIL I HAVE NO LIVING CHILD UN- | |
DER 21 YEARS OF AGE. |____________________|
(b) TO MY CHILDREN AND THE DE-
SCENDANTS OF ANY DECEASED
CHILD IN ONE TRUST TO PROVIDE
FOR THEIR SUPPORT AND EDUCA- _____________________
TION UNTIL I HAVE NO LIVING | |
CHILD UNDER 21 YEARS OF AGE. | |
I LEAVE NOTHING TO MY SPOUSE, | |
IF LIVING. |_____________________|
ARTICLE 3
Nominations of Executor,Trustee and Guardian
3.1. EXECUTOR (Name at least one.)
I nominate the person or institution named in the first box of this
paragraph 3.1 to serve as executor of this will. If that person or
institution does not serve, then the others shall serve in
the order I list them in the other boxes.
_______________________
| |
| |
| |
FIRST EXECUTOR. |_______________________|
_______________________
| |
| |
| |
SECOND EXECUTOR. |_______________________|
_______________________
| |
| |
| |
THIRD EXECUTOR |_______________________|
2
PAGE 2 OF 5;CALIFORNIA STATUTORY WILL WITH TRUST OF
3.2. TRUSTEE (Name at least one.)
Because it is possible that after I die my property may be put
into a trust, I nominate the person or institution named in the first
box of this paragraph 3.2 to serve as trustee of that trust. If
that person or institution does not serve, then the others shall
serve in the order I list them in the other boxes.
______________________
| |
| |
| |
FIRST TRUSTEE. |______________________|
______________________
| |
| |
| |
SECOND TRUSTEE. |______________________|
______________________
| |
| |
| |
THIRD TRUSTEE. |______________________|
3.3. GUARDIAN (If you have a child under 18 years of age, you should
name at least one guardian of the child's person and at least one
guardian of the child's property. The guardian of the child's per-
son and the guardian of the child's property may, but need not, be
the same. An individual can serve as guardian of either the person
or the property, or as guardian of both. An institution can serve
only as guardian of the property.)
If a guardian is needed for any child of mine, then I nominate
the individual named in the first box of this paragraph 3.3 to
serve as guardian of the person of that child, and I nominate
the individual or institution named in the second box of this
paragraph 3.3 to serve as guardian of the property of that child.
If that person or institution does not serve, then the others
shall serve in the order I list them in the other boxes.
________________________
| |
| |
| |
FIRST GUARDIAN OF THE PERSON. |________________________|
________________________
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| |
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FIRST GUARDIAN OF THE PROPERTY. |________________________|
3
PAGE 3 OF 5;CALIFORNIA STATUTORY WILL WITH TRUST OF
________________________
| |
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| |
SECOND GUARDIAN OF THE PERSON. |________________________|
________________________
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SECOND GUARDIAN OF THE PROPERTY. |________________________|
________________________
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THIRD GUARDIAN OF THE PERSON. |________________________|
________________________
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THIRD GUARDIAN OF THE PROPERTY. |________________________|
3.3 BOND
My signature in this box means that a bond is not required for
any individual (a) executor, (b) trustee, or (c) guardian named in
this will. If I do not sign in this box, then a bond is required
for each of those persons as set forth in the Probate Code.
__________________________
| |
| |
| |
|__________________________|
I sign my name to this California Statutory Will With Trust
on___________________,at___________________,_________________.
(Date) (City) (State)
________________________________
Signature of Testator
4
PAGE 4 OF 5;CALIFORNIA STATUTORY WILL WITH TRUST OF
STATEMENT OF WITNESSES
(You must use two adult witnesses, and three witnesses would be
preferable.)
Each of us declares under penalty of perjury under the laws of
California that the testator signed this California statutory
will with trust in our presence, all of us being present at the
same time and we now, at the testator's request, in the testator's
presence, and in the presence of each other, sign below as witnesses
declaring that the testator appears to be of sound mind and under
no duress, fraud, or undue influence.
Signature________________________Residence Address ___________
Print Name
Here_____________________________ ___________________________
Signature_________________________Residence Address:___________
Print Name
Here:____________________________ ___________________________
Signature_________________________Residence Address:___________
Print Name
Here:____________________________ __________________________
5
PAGE 5 OF 5;CALIFORNIA STATUTORY WILL WITH TRUST OF