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Last Will and Testament
(Married Adult w/Minor Children)
LAST WILL AND TESTAMENT OF
I, _______________________________________ [Name of Testator], a resident of ___________________, Louisiana, being of sound and disposing mind and memory and over the age of eighteen (18) years or lawfully married or having been lawfully married or a member of the armed forces of the United States or a member of an auxiliary of the armed forces of the United States or a member of the maritime service of the United States, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me.
I. MARRIAGE AND CHILDREN
Name: ____________________________________ Date of Birth: __________________
II. EXECUTOR: I appoint
____________________________________ as Executor of this my Last Will and
Testament and provide if this Executor is unable or unwilling to serve then I
appoint ____________________________________ as alternate Executor. My Executor shall be authorized
to carry out all provisions of this Will and pay my just debts, obligations and
I will, give, and bequeath unto the persons named below, if he or she
survives me, the Property described below:
If a named beneficiary to this Will predeceases me, the bequest to such person shall lapse, and the property shall pass under the other provisions of this Will. If I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse.
VII. ALL REMAINING PROPERTY; RESIDUARY CLAUSE: I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, to my _________________ [wife or husband], provided that my _________________ [wife or husband] survives me. I make no provision for my children, knowing that, as their parent, my _________________ [wife or husband] will continue to be mindful of their needs and requirements. If my _________________ [wife or husband] does not survive me, then I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, to my children per share, but if any child predeceases me, then his or her share will pass, per share, to his or her lineal descendants, natural or adopted, if any, who survive me; but if there are none, then his or her share will lapse and pass equally as part of the shares of my other named children; but if none of my named children survives me or leaves a lineal descendant who survives me, then according to the order of intestate succession in the State of Louisiana.
VIII. ADDITIONAL POWERS OF THE EXECUTOR: My Executor
shall have the following additional powers with respect to my estate, to be
exercised from time to time at my Executor's discretion without further license
or order of any court.
IX. WAIVER OF BOND, INVENTORY, ACCOUNTING, REPORTING AND APPROVAL: My Executor and alternate Executor shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. I direct that no expert appraisal be made of my estate unless required by law.
X. OPTIONAL PROVISIONS: I have placed
my initials next to the provisions below that I adopt as part of this Will. Any
unmarked provision is not adopted by me and is not a part of this Will.
XI. CONSTRUCTION: The term "testator" as
used in this Will is deemed to include me as Testator or Testatrix. The pronouns used in this Will shall include, where appropriate, either gender or both, singular and plural.
In our presence the Testator has declared or signified that this instrument is _________________ [his or her] testament and has signed it at the end and on each other separate page, and in the presence of the Testator and each other we have hereunto subscribed our names this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of Louisiana.
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