Last Will And Testament

TESTATOR DETAILS

LAST WILL AND TESTAMENT FORM

The testator is the person whose Last Will you're creating. When filling out the

questionnaire, you must keep in mind that you are providing the testator's

information and instructions.

MARITAL STATUS

  • If the testator is single, separated, divorced, or widowed, select Single you must also select single if they are currently dating and do not consider themselves to be in a common law relationship.

  • If they are Legally Married select Married

  • If they are sharing a life with a partner without being married, select Common Law. Not all states recognize common law relationships

*Legally Married*
*Common Law Partner*

CHILDREN

You should only list stepchildren if they are legally adopted.

Child 1

If Married

  • If the testator has children, they will receive the testator's spouse’s share. If one of the testator's children passes away before the testator, the child's share will go to their children (the testator's grandchildren). If the testator's child does not have any children, their share will be split equally between the testator's other surviving children.

*Insert only what applies to you*

An alternate choice will receive the share if the first choice refuses or

passes away before the testator.

You can allot as many shares as you want for each recipient.

However, the total for all recipients must add up to 100 shares

GIFTS

There are some restrictions on gifts. The testator cannot give away:

  • Their spouse's property

  • Proceeds from financial instruments that already have beneficiaries (such as

    a life insurance or retirement fund)

  • Jointly held property where the other party automatically receives their

    share upon the testator's death (e.g. property owned in joint tenancy)

INHERITANCE DELAY

Minor beneficiaries include anyone who will inherit from the Will who has not

reached the age of majority when the testator passes away.

EXECUTOR DETAILS

  • The testator cannot choose a minor or a convicted felon. Some states also put restrictions on executors who live out of state.

  • Yes, the executor can be named a beneficiary and receive a portion, or all, of the estate. They can also be named as a gift recipient.

  • Yes, there can be two co-executors who will need to be able to cooperate in order to administer or manage the estate.

  • A co-executor is not the same as a backup executor.

  • A back up executor will take over the responsibility of managing the estate if the original executors are unable or unwilling to act as executors.

    The testator can appoint a backup or alternate executor on the next page.

BACKUP EXECUTOR

The alternate executor(s) will assume responsibility for administering the estate if the original executors are unable or unwilling to act as executors.

Yes, the alternate executor can also be a beneficiary and receive gifts in the Will.

ADDITIONAL DETAILS

It is not a good idea to include funeral instructions in the Will because it is common for a Last Will to be consulted only after funeral arrangements have already been made. Also, funeral directions in the Will are not legally binding.

Clear

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