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I, __________ __________ __________, of _________ , _________, declare this to be my Will, and I revoke all Wills and Codicils previously made by me.
Executor — I nominate my _________ _________ to serve as Executor of my estate and to carry out the instructions in this Will. Bond & Court Supervision — Executor Powers — I grant to my Executor the following powers: The power to exercise all powers of an absolute owner of property; The power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with real property or personal property; The power to borrow money and pledge any property to secure loans; The power to divide and distribute property in cash or in kind; The power to compromise and release claims with or without consideration; The power to pay my legally enforceable debts, funeral expenses, expenses of last illness, and all expenses in connection with the administration of my estate and the trusts created by my Will; The power to employ attorneys, accountants and other persons for services or advice; Except as otherwise provided herein, the power to make, in my Executor’s discretion, any distribution required or permitted to be made to any beneficiary under this Will in any of the following ways when such beneficiary is a minor: (i) to the guardian of such beneficiary’s person or property; (ii) by utilizing the same, directly and without the interposition of any guardian, for the health, support, maintenance or education of such beneficiary; (iii) to a person or financial institution serving as custodian for such beneficiary under a Uniform Gifts to Minors Act or a Uniform Transfers to Minors Act of any state; or (iv) by reimbursing the person who is actually taking care of such beneficiary, even though such person is not the legal guardian, for expenditures made by such person for the benefit of such beneficiary; The power to perform other acts necessary or appropriate for the proper administration of my estate, execute and deliver necessary instruments, and give full receipts and discharges; and Any additional powers conferred upon executors wherever my Executor may act.
Expenses — My Executor shall be reimbursed for the reasonable costs and expenses incurred in connection with such Executor’s duties. Reliance — In acting or declining to act, my Executor may rely upon the written opinion of a competent attorney licensed and in good standing in the jurisdiction where the subject matter of any opinion is sought, any facts stated in any instrument, furnished in writing and believed to be true, or any other evidence such Executor deems sufficient. My Executor shall be indemnified and held harmless from any liability for any action taken, or for the failure to take any action, if done in good faith and without gross negligence. Ancillary Executors — If my estate contains property located in another state or a foreign jurisdiction and my Executor cannot, or chooses not to, serve under the laws thereof, my Executor shall have the power to nominate an ancillary individual or corporate Executor of such property. Digital Executor —
As used in this Article, the term “Tangible Personal Property” shall mean all household goods, appliances, furniture and furnishings, pictures, silverware, china, glass, books, clothing, jewelry, or other articles of personal use or ornament, and other tangible personal property of a nature, use, or classification similar to the foregoing. Except as may be provided elsewhere in this Will or in a memorandum regarding tangible personal property incorporated by reference into this Will (including gifts of Tangible Personal Property items associated with a gift of real property, if applicable), upon the Testator’s death, the Executor shall distribute the balance of the Tangible Personal Property to the beneficiaries listed in Article IV, with particular items to be allocated as they may agree, or if they cannot agree, as the Executor shall determine in the Executor’s discretion. If any Beneficiary hereunder is a minor, the Executor may distribute such minor’s share to such minor or for such minor’s use to such minor’s parents, guardians, or any person with whom such minor is residing or who has the care or control of such minor without further responsibility, and the receipt of the person to whom such minor’s share is distributed shall be a complete discharge of the Executor. The cost of packing and shipping such property to any such beneficiary shall be charged against this Will as an administration expense .
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Severability — If any provision of this Will is held to be unenforceable or invalid, the remaining provisions shall remain in full force and effect to the fullest extent permissible under governing law . - Survivorship — No beneficiary shall be deemed to have survived me unless such beneficiary remains alive or remains in existence, as the case may be, on the thirtieth (30th) day after my death. Any person who is prohibited by law from inheriting property from me shall be treated as having failed to survive me.
- Payment of Taxes — All estate, inheritance, or similar taxes (including interest and penalties thereon) arising in connection with my death with respect to any property included in my gross estate for the purpose of calculating such taxes, whether or not such property passes under my Will, shall be paid out of the residue of my estate without apportionment. To the extent the residue of my estate is insufficient to pay such taxes, then any excess taxes shall be paid on a pro rata basis from all of the assets passing by reason of my death. Notwithstanding the foregoing, no portion of any estate, inheritance or similar taxes arising in connection with my death shall be apportioned or charged to property qualifying fully for the charitable deduction for federal estate tax purposes; provided, however, to the extent that the assets passing by reason of my death that do not qualify for the charitable deduction are insufficient for the payment of such taxes, then any excess taxes shall be paid on a pro rata basis from the assets that qualify for the charitable deduction. The provisions of this Subarticle C shall not apply to any generation-skipping transfer taxes.
- HIPAA Release — The Executor and each additional or successor Executor shall be deemed to be my “personal representative” for the purpose of accessing my “protected health information” pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) (42 U.S.C. Section 1320d) and its regulations, more particularly, 45 C.F.R. Section 160.103, et seq. (or any successor statute or regulations thereto). I hereby grant to each such Executor the right to receive and to disclose my protected health information, pursuant to HIPAA and its attendant regulations. In the event that any Executor, additional Executor, or successor Executor is not treated as my “personal representative” for the purposes of accessing my “protected health information” pursuant to HIPAA, I authorize my duly appointed attorney-in-fact and my duly appointed healthcare agent to disclose my “protected health information” to the Executor, additional Executor, or successor trustee of any trust established hereunder.
- Payment of Expenses — All funeral expenses, and all expenses incurred in connection with the administration of my estate shall be paid out of the residue of my estate without apportionment. To the extent the residue of my estate is insufficient for the payment of such expenses, then any excess expenses shall be paid on a pro rata basis from all of the assets passing by reason of my death.
- Savings Clause — For the purposes of this Will, either gender shall be interpreted as encompassing the other gender, and the singular shall encompass the plural and vice versa, and the meaning shall dictate.
- Terminology —
- Except as otherwise provided in this Will, references to a “descendant” or “descendants” shall mean the lineal blood descendants of any degree of the ancestor designated; provided, however, that such references shall include as then living descendants, with respect to any provision of this Will, descendants who have been conceived at any specific point in time relevant to such provision and who thereafter survive birth. Except as provided below, an adopted child and such adopted child’s descendants by blood or adoption shall be considered under this Will to be descendants of the adopting parent or of either of the adopting parents. Notwithstanding anything in this Will to the contrary, the following persons shall not be included in the definition of “descendants” for any purposes: (i) any person who is adopted (by anyone other than me) after reaching age eighteen (18), and (ii) any person who is the descendant (whether by blood or adoption) of such person.
- References to “Heirs” shall refer to those persons who would inherit separate personal property from the person designated under the statutes of descent and distribution of the State of _________, if such person had died intestate and unmarried at such time. A distribution to “Heirs” is a distribution in the shares and manner prescribed under such statutes.
- When a distribution is to be made to a person’s descendants per stirpes, property shall be divided into as many equal shares as there are: (a) members of the nearest generation of descendants who survive such person, and (b) deceased members of that generation who left descendants who survive such person.This division into shares shall begin at the generation nearest to such person that has a surviving member. Each surviving member of the nearest generation of descendants with a member who survives such person shall receive one share, and the share that would have passed to each deceased member of that generation who left descendants who survive such person shall be divided in a similar manner (by reapplying the preceding rule) among their descendants who survive such person.
- The term “executor” in this Will is synonymous with and includes the terms “personal representative”, “executrix”, and “trustee” and the context shall dictate.
- Discretion — Whenever in this Will an action is authorized in the discretion of my Executor or Digital Executor, the term “discretion” shall mean the sole, absolute, and unfettered discretion of such Executor or Digital Executor.
- Spendthrift Provisions — Prior to the actual receipt of property by any beneficiary, no property (income or principal) distributable under this Will shall, voluntarily or involuntarily, be subject to anticipation or assignment by any beneficiary, or to the attachment by or to the interference or control of any creditor or assignee of any beneficiary, or taken or reached by any legal or equitable process in satisfaction of any debt or liability of any beneficiary, and any attempted transfer or encumbrance of any interest in such property by any beneficiary hereunder prior to distribution shall be void.
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Beneficiary Receiving Public Benefits — If any beneficiary (the “Beneficiary”) under my Will is receiving or,
in the sole determination of my Executor, is likely eligible to receive need based benefits from any local, state,
federal, or private assistance program or agency, including Medicaid benefits, medical assistance, Title XIX of
the Social Security Act, or any similar or successor programs (“government benefits”), my Executor is
authorized to withhold outright distribution to the Beneficiary. Instead, the Beneficiary’s share shall pass in a
separate trust for the benefit of such beneficiary (who shall be the sole beneficiary of such trust during such
individual’s life), and the Executor shall only exercise discretion granted under the provisions of my Will,
including the provisions of this Article regarding distribution of income or principal in a manner so that the
income and principal will be used only to supplement and will never be used to supplant any benefits to which
that beneficiary may be entitled. Each trust created by this Article shall be known as the “the Beneficiary
Separate Trust” and each such trust shall be hereinafter referred to individually as the “SNT” to be held and
administered, as follows:
- Intent — I intend that the assets of each SNT created by this Article be used to supplement, not supplant, impair, or diminish, any government benefits or other assistance programs for which the Beneficiary for whom such trust was created may otherwise be eligible or which the Beneficiary may be receiving. Consistent with that intent, before expending any amounts from the net income or principal of the SNT, the Trustee must consider the availability of all government benefits or other assistance programs for which the Beneficiary may be eligible and that, where appropriate and to the extent possible, the Trustee maximize the collection of such benefits and facilitate the distribution of such benefits for the benefit of the Beneficiary. The Trustee must consider any other known income or resources of the Beneficiary that are reasonably available.
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Distribution Guidelines — The Trustee shall collect the income of the SNT and, after deducting all
charges and expenses properly attributable thereto, shall, at any time and from time to time, apply for the
benefit of the Beneficiary as much of the net income and principal of the SNT as the Trustee shall deem
advisable, in the Trustee’s sole and absolute discretion, subject to the limitations set forth below. At the
end of each accounting year of the SNT, the Trustee shall add to the principal of this SNT the balance of
the net income not so paid or applied. Except as otherwise stated in this Subsection, none of the income
or principal of this SNT shall be applied in such a manner as to supplant, impair, or diminish government
benefits or other assistance programs for which the Beneficiary may otherwise be eligible or which the
Beneficiary may be receiving .
- Notwithstanding the foregoing provisions of this Subsection, the Trustee may, in the Trustee’s discretion, make distributions to meet the Beneficiary’s need for food, shelter, or health care even if such distributions may result in a disqualification, impairment, or diminution of the Beneficiary’s receipt of or eligibility for government benefits or other assistance programs, if the Trustee determines that:
- the Beneficiary’s needs will be better met if such distributions are made, and
- it is in the Beneficiary’s best interests to suffer the consequent effect, if any, on the Beneficiary’s receipt of or eligibility for government benefits or other assistance programs; provided, further, if the mere existence of the authority to make distributions pursuant to this Subsection results in the Beneficiary’s loss of government benefits or other assistance programs, regardless of whether such authority is actually exercised, this Subsection shall be null and void, and the Trustee’s authority to make such distributions shall cease and shall be limited as otherwise provided in this Subsection without exception.
- Subject to the foregoing restrictions and limitations, the Trustee, in the Trustee’s discretion, may
utilize the income and principal of the SNT for the following purposes:
- To make the Beneficiary’s life enriched and made more enjoyable, including providing recreational and vacation opportunities for the Beneficiary;
To procure more sophisticated medical and dental treatment than may otherwise be available to the Beneficiary and to seek private rehabilitative and educational training; and For transportation costs of either the Beneficiary or family members to facilitate such contact, as it is my desire that the Beneficiary be able to maintain contact with other family members.
- The Trustee shall use the Trustee’s best efforts, and, if necessary, seek appropriate assistance from other individuals or organizations, to identify all government benefits or other assistance programs that are available to the Beneficiary, and shall consider all resource and income limitations that affect the Beneficiary’s right to government benefits or other assistance programs. However, the Trustee shall not be liable to any remainder beneficiary or any other interested party for failure to identify or utilize any Government Benefit for which the Beneficiary may be eligible. The interests of the Beneficiary shall prevail over the interests of any remainder beneficiary.
- The Trustee shall refuse any request for payments from the SNT for services that any government agency has the obligation to provide to the Beneficiary. In the event the Trustee is requested by any department or agency to release the principal or income of the SNT to pay for any benefits or services which other organizations are obligated to provide, or in the event the Trustee is requested by any department or agency administering such benefits or services to petition a court or any other administrative agency for the release of the SNT income or principal for such purposes, the Trustee shall deny such request and shall defend at the expense of the SNT any such contest or attack. The Trustee may take any necessary legal steps to initiate or continue any government benefits or other assistance programs for which the Beneficiary is or may become eligible. The Trustee may also initiate a judicial or administrative proceeding to secure a ruling or order that the existence of the SNT does not have the effect of rendering the Beneficiary ineligible for any government benefits or other assistance programs. Any expense of the Trustee, including reasonable attorney fees, specifically incurred in connection with matters relating to a determination of the Beneficiary’s eligibility for government benefits or other assistance programs shall be charged to the SNT. If the Trustee determines, in the Trustee’s discretion, that the existence of the SNT will have the effect of rendering the Beneficiary ineligible for any government benefits or other assistance programs, then the Trustee is authorized, but not required, to terminate the SNT, and if the SNT is so terminated, the remaining principal and accumulated income shall be distributed as provided in the provisions that follow. If the Trustee does voluntarily terminate the SNT, it is my request, but not my direction, that the remainder beneficiaries continue to provide for the supplemental needs of the Beneficiary.
- Distributions Cannot Be Compelled — To the fullest extent permitted by applicable law, no statute of the State of _________ or any other jurisdiction shall be applied by any court having jurisdiction of the SNT to compel, against the Trustee’s discretion, the payment or application of the SNT property to or for the benefit of the Beneficiary, for any reason whatsoever.
- Restrictions — Notwithstanding any provision in my Will to the contrary, the following restrictions shall
apply to the SNT:
the Beneficiary does not have the power to assign, encumber, direct, distribute, or authorize distributions from the Beneficiary’s SNT; the Beneficiary shall have no power of appointment, whether special or general, over the property of their SNT; - the Beneficiary shall have no right to withdraw cash or other property from their SNT; and
- neither the Beneficiary nor the Beneficiary’s spouse (if any) may at any time grant, transfer, or convey, either by inter vivos transfer or by Will, to the Trustee any additional property to become a part of the Beneficiary’s SNT. No government benefits or other assistance programs for the Beneficiary shall be added to the Beneficiary’s SNT. No part of the Beneficiary’s SNT shall be construed as being part of the Beneficiary’s estate or be subject to the claims of voluntary or involuntary creditors for the provision of care and services, including residential care, by any governmental entity, office, department or agency of the State of _________, or any other state or governmental entity, or the United States, or any other governmental agency. Except as otherwise provided in Subsection (2)(a) of Subarticle J of this Article, any provision herein that is found or construed to lead to the Beneficiary’s disqualification for government benefits or other assistance programs shall be deemed void or shall be construed in such a manner as to allow such qualification .
- Early Termination Prior to Death — An SNT created under this Article may be terminated prior to
the death of the Beneficiary, at the sole discretion of the Trustee, if:
- the Beneficiary is substantially and gainfully employed for a continuous period of two years; and
- the Beneficiary’s attending physician certifies, in writing, that the disability no longer limits the Beneficiary from being substantially and gainfully employed.
If the Trustee decides to terminate the SNT under this Section, the Trustee shall convert the SNT to a general needs trust and shall distribute so much of the net income and principal of the Beneficiary’s trust to or for the benefit of the Beneficiary as the Trustee, in the Trustee’s discretion, deems necessary to provide for the Beneficiary’s health, education, maintenance, and support, taking into consideration any other resources known by the Trustee to be reasonably available for such purposes, even if doing so exhausts the principal of the Beneficiary’s trust.
Any net income not so distributed shall be accumulated and added to principal. - Termination — Unless otherwise terminated pursuant to another provision of my Will, each SNT shall continue for the Beneficiary’s lifetime and shall terminate upon the Beneficiary’s death, at which time the Trustee shall distribute the remaining income and principal of the SNT to the Beneficiary’s descendants, per stirpes. If the Beneficiary has no living descendants, the remaining trust property shall be distributed to my descendants, per stirpes.
I nominate my
_________ _________
to be the guardian of the persons and estates of those of My Children who are
under the age of legal majority at the time of my death, without requirement of bond or other security
The provisions of this Article are intended to apply if the need to nominate a guardian arises following my death.
The provisions of this Article are intended to apply if the need to nominate a guardian arises following my death.
| ___________________ | ___________________ |
|---|---|
| Signature of Willmaker | Date |
WITNESSES
| ______________________________________ | ______________________________________ |
|---|---|
| Signature of First Witness | Signature of Second Witness |
| ______________________________________ | ______________________________________ |
| Name of First Witness | Name of Second Witness |
| ______________________________________ | ______________________________________ |
| ______________________________________ | ______________________________________ |
| Address of First Witness | Address of Second Witness |
I, __________ __________ __________ , created my Last Will and Testament on _______________________, 20______ (the “Will”).
The Will references this memorandum to dispose of certain tangible personal property that is not otherwise
distributed directly in the Will. This memorandum shall serve to dispose of certain tangible personal property items
to specific beneficiaries as provided below.
If upon disposal of the below tangible personal property a beneficiary is deceased, then the described item shall
instead be distributed with the remaining tangible personal property as provided in the Will.
| Description of Tangible Personal Property | Beneficiary Full Name (required) Address & Phone (optional |
|---|---|
| __________________________________ | __________________________________ |
| Signature __________ __________ __________ | Date |
Description of Digital Asset / Account: _______________________________________________________________________________
Where to access: ____________________________________________________________________________________________
Username: ________________________________________________________________________________________________________
Password: ______________________________________________________________________________________________________
Additional Instructions: ____________________________________________________________________________
Description of Digital Asset / Account: ___________________________________________________________________________
Where to access: _______________________________________________________________________________________________
Username: _______________________________________________________________________________________________________
Password: ___________________________________________________________________________________________________
Additional Instructions: ____________________________________________________________________________________
Description of Digital Asset / Account: _________________________________________________________________________________
Where to access: ________________________________________________________________________________________________________
Username: ____________________________________________________________________________________________________________________________
Password: ________________________________________________________________________________________________________________
Additional Instructions: __________________________________________________________________________
Description of Digital Asset / Account: _______________________________________________________________
Where to access: ______________________________________________________________________________________________________
Username: ______________________________________________________________________________________________________
Password: ______________________________________________________________________________________________________
Additional Instructions: ____________________________________________________________________________
Description of Digital Asset / Account: ______________________________________________________________________________
Where to access: __________________________________________________________________________________________________
Username: _________________________________________________________________________________________________________
Password: _____________________________________________________________________________________________________________
Additional Instructions: _______________________________________________________________________________________
Description of Digital Asset / Account: ___________________________________________________________
Where to access: _______________________________________________________________________________________
Username: _________________________________________________________________________________________________________
Password: ________________________________________________________________________________________________________
Additional Instructions: ___________________________________________________________________________________
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