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Last Will and Testament
(Single Adult w/Minor Children, including Trust)
LAST WILL AND TESTAMENT OF
I, _______________________________________ [Name of Testator], a resident of ___________________, Ohio, being of sound and disposing mind and memory and over the age of eighteen (18) years 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. 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 funeral expenses.
II. ACKNOWLEDGMENT OF CHILDREN
Name: ____________________________________ Date of Birth: __________________
III. GUARDIAN: In the event I shall die as the sole parent and guardian of my minor children,
then I appoint ____________________________________ as Guardian of said minor children. If this named
Guardian is unable or unwilling to serve, then I appoint
____________________________________ as alternate Guardian.
IV. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including
any beneficiary of any trust established by this Will shall die within 60 days
of my death or prior to the distribution of my estate, I hereby declare that I
shall be deemed to have survived such person.
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.
VI. 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 _______________________________________, provided that _______________________________________ survives me. If _______________________________________ 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 _______________________________________ as alternate.
VII. TRUST FOR THE BENEFIT OF MINOR CHILD(REN): In the event
that I give, devise, or bequeath any of my estate under this will to any child
of mine who is a minor at the time of my death, then I direct any and all such
gifts, devises, or bequests for that child held in a separate trust, until said
child reaches the age of 26. I name _______________________________________ the
trustee of each child's trust, and he or she shall serve without bond. If this
person is unable or unwilling to serve as trustee, then I name
_______________________________________ to serve as trustee, and he or she also
shall serve without bond.
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.
The foregoing instrument, consisting of ________ pages, including
this page, was signed in our presence by
_______________________________________ [name of Testator] and declared by _________________ [him or her] to be _________________ [his or
her] last Will. We, at the request and in the presence of _________________ [him
or her] and in the presence of each other, have subscribed our names below as
witnesses. We declare that we are of sound mind and of the proper age to
witness a will, that to the best of our knowledge the testator is of the age of
majority, or is otherwise legally competent to make a will, and appears of
sound mind and under no undue influence or constraint. Under penalty of
perjury, we declare these statements are true and correct on this ________ day
of ____________________, 20______ at
_____________________________________________________________, State of Ohio.
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