Free Will, Get er Done!


I know so many people that have not got their will in place. Some with kids. And, that's probably why ... they can't afford an attorney with mouths to feed and shoes to buy. So, I went on a search online and the following is what I found:


1. A site that actually, for real, will let you down load FOR FREE a form for you last will and testament;
2. A site with a very generic sample form for a last will and testament;
3. A site that gave pretty good directions....


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So, here is the information for you to WRITE A LAST WILL AND TESTAMENT:


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1. LastWillAndTestamentSite.com. LastWillAndTestamentSite.com is the home of info and forms on Legal Will, Last Will, and Last Will And Testament.

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2. Here is a copy of a simple one I found, not from the site above:


LAST WILL AND TESTAMENT

KNOW ALL MEN BY THESE PRESENTS that I, _______________________, whose address is _____________________________________, being of sound and disposing mind and memory, do make, publish, and declare the following to be my Last Will and Testament, hereby revoking all Wills made by me at any time heretofore.

FIRST:

I direct my Executor, hereinafter named, to pay all my funeral expenses, administration expenses of my estate, including inheritance and succession taxes, state or federal, which may be occasioned by the passage of or succession to any interest in my estate under the terms of this instrument, and all my just debts, excepting mortgage notes secured by mortgages upon real estate.



SECOND:

All the rest, residue, and remainder of my estate, both real and personal, of whatsoever kind or character, and wherever situated, I give, devise, and bequeath to spouse, _____________________, to be his/hers absolutely and forever.



THIRD:

If my spouse does not survive me, all the rest, residue, and remainder of my estate, both real and personal, of whatsoever kind or character, and wherever situated, I give, devise, and bequeath to _________________________________, my _________________ to be his/hers absolutely and forever.

FOURTH:

I hereby appoint _________________________________, as executor of this, my Last Will and Testament. If ____________________________ does not survive me, I hereby appoint ______________________________ as executor of my estate. I direct that no executor serving hereunder shall be required to post bond.



IN WITNESS WHEREOF, I have hereunto set my hand and seal at this _____ day of ____________, 20__.



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Signature

___________________________________

Address

___________________________________



__________________________________

Witness

___________________________________

Address

___________________________________

___________________________________

Witness

___________________________________

Address

___________________________________



STATE OF )

COUNTY OF )





Subscribed and sworn before me this the _____ day of ____________, 20__.

Witness my hand and seal.



___________________________________ My commission expires:

Notary Public


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3. AND GENERAL INSTRUCTIONS I FOUND ON ANOTHER SITE:


How to Write Your Own Last Will and Testament

If you want to write one. and not use an attorney, at least follow these suggestions if you decide to write your own last will and testament.

Here are the instructions.

Steps

1.
* Identify yourself by name and current address. There could be other "Penelope Taints", and your then-existing address, if you later move, will help make sure this is actually your will. You might also include your date of birth and social security number.
* Make an explicit statement that you are revoking all other wills and codicils you may have executed before.
* Appoint an Executor (known in some states as a Personal Representative --- if you are not sure, use the term Executor for a man and Executrix for a woman (if you are not sure whether the person is a man or a woman, select another)). The Executor is the person who carries out your instructions and administers your Estate after your death. Every state has rules over who can serve. In most states, if the person is living in your State and over the age of 18, that will do but you obviously want a person who is honest, thrifty, prudent and resourceful.
* Empower the Executor to pay all of your just debts, funeral expenses, taxes and estate administration expenses so that your heirs can take their shares without later deductions or complications.
* Authorize your Executor to sell any real estate in which you may own an interest at the time of your death and to pledge it, lease it, mortgage it or otherwise deal with your real estate as you yourself could do.Itemize personal items that will be going to specific people.
* State that the assets will be divided in the following percentages to the following people. List the people and the percentages and make sure the percentages add up to 100%. For example, one line might read: "To my wicked step-mother, Barbara Smith, I leave Five (5%) Percent."
* Include provisions which will clearly explain who gets a beneficiary's gift if that person dies before you. For example, "To my wicked step-mother, Barbara Smith, I leave Five (5%) Percent should she survive me; otherwise the share of Barbara Smith shall pass instead to her lawnman, Chauncey Gardner should he survive Barbara Smith and myself; otherwise this gift shall lapse."
* If you want a deceased beneficiary's gift to just go back into the pot and be divided among your living beneficiaries in shares proportionate to what you provided for them, you can use conditional language such as "To my wicked step-mother, Barbara Smith, I leave Five (5%) Percent should she survive me." If you just leave it at that and do not name an alternate to specifically receive Barbara's gift, her gift will "lapse" and go back into the pot.
* Write in a "residuary clause." A Residuary clause takes everything that was not already disposed of and gives it to your "residuary beneficiaries." Even after distributing 100%, you can say "If there are any other assets remaining in my estate including but not limited to real property, personal property, causes of action or any other assets, of whatsoever nature and wheresoever situate, I give, bequeath and devise such residue to ____________." The residuary gift cannot lapse because it will have nowhere to go. You might say, "to Larry, Moe and Curly, in equal shares, per stirpes." "Per stirpes" essentially means that it will go down the bloodline of a deceased beneficiary. Be clear about whether your Executor should be paid and/or reimbursed for expenses. You may set the pay or just leave it as a "reasonable fee such as is ordinarly charged in the community for services of similar complexity and nature."
* Be clear over whether your Executor must post bond. Some courts will require your Executor to post bond unless you explicitly state that that the Executor shall serve without bond. Bond premiums can be expensive and some people do not want their estate drained; others look at bonds as good insurance in case the Executor runs off to Tahiti with the money.
* Name an alternative Executor to take over if your first choice dies, becomes incapacitated or is otherwise unable or unwilling to serve.

2. Make sure you sign correctly. How you and your witnesses sign the will is a matter of state law and can affect its validity. Check on this but in all states, you will be fine of you sign the will in the presence of three witnesses and a notary public all of whom watch you sign and were present all at the same time and all of whom are unrelated to you and not beneficiaries or other persons with an interest in your Estate. Your signature must come at the end of the will, preferably right after the last line of text. You should also initial each page.
3. Store the will safely. Your will does not get filed with the courts until after your death. Tell only your nominated Executor where you keep it. You may also wish to give the Executor a copy or second original. Do not write on your will once it is done. Make any future changes by way of a "codicil," a separate document which explicitly refers to the original will.
4. Seek out an attorney who understands "special needs trusts" and planning for the disabled if you have disabled heirs. Do not attempt to plan for making payments to a beneficiary over time yourself. This type of payment system will usually require a lawyer.
5. Remember that wills only govern assets that are in your name alone when you die. A good estate plan will therefore address how accounts are titled so that your wishes are honored. Try not to refer to specific assets in your will. What you have today, you may not have tomorrow and this is therefore a serious mistake in will drafting. Speak in percentages whenever possible.
6. State clearly that you are of sound mental health and of contractual capacity!! Without this important step, somebody who gets a raw deal in your will, such as your wicked step mother, will be able to shoot down the will in court fairly easily.

“YOU USED TO MAKE SENSE” by Brian S. Varley Copyright ©2006 Brian Scot Varley You left me in a storm! My screams continuous… I wouldn’t conform! -Why wouldn’t you hear me? “A book on how to hurt you“? That’s what you said! I would never hurt you. -Love for you fills my heart! Got your own place. Said you were still my lover. Didn’t want anyone in your space. And, you wouldn’t come over. -Seems cruel? Christmas night you stood me up. You didn’t answer calls. I didn’t sleep. -It seems “our date was tentative” and you “owed” me “nothing anyway“? In the beginning…. Love making was amazing. Talking was addictive. Touch was public and proud. And, amazing…. -When did we stop holding hands? I remember when we both talked openly about our fear. -We didn’t want to mess “this” up. Saw you drive up at the store. I wanted to run. Then I saw your face. All mad and upset. My heart lead my head. -I just wanted to connect. To console. I hugged you. Said “I love you.” -I meant it. Your words. Your voice. Your tone. Matched your face. I stood and listened. I lost my place. With you. -Neither of us would be so hurt, so angry, if there wasn’t a powerful love between us. Your text later said, “Why did you have to talk to me?” I texted, “I wanted to!” - You are right. I don’t make sense