Suze Orman The Ultimate Protection Portfolio c
2004 Suze Orman Media, Inc. All rights reserved. INSTRUCTIONS FOR WILL
When you’re ready to sign the document, your signature needs to be witnessed by two witnesses. It is best not to have anyone named as a beneficiary in your will be a witness. A witness should be a “disinterested” party and must be a legal adult, at least 18 years of age. The will affidavit for the state of Indiana is included at the end of your will. On the following pages there are examples of how a Will and will affidavit signature page should look. Not every state requires or allows a will affidavit, so if your Will does not include one, that is the reason. These examples are intended to help ensure you fill in each space that requires a date, place of signing and signatures for you and your witnesses.
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Example 1
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Example 2 What follows is a sample will affidavit. This sample may look different than your actual state affidavit. The purpose of this affidavit sample is to show you that in some places you need to print a name, in other places you and your witnesses need to sign your names, and there are places where the witnesses need to print their addresses.
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Suze Orman The Ultimate Protection Portfolio c
2004 Suze Orman Media, Inc. All rights reserved. INSTRUCTIONS FOR WILL AFFIDAVIT
Use this will affidavit for the following states: Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Hawaii, Idaho, Illinois, Indiana, Maine, Minnesota, Mississippi, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Oregon, South Carolina, South Dakota, Tennessee, Utah, Washington, and West Virginia. Take this form, your will, and your witnesses to a notary public in your state. The notary should complete the form for everyone to sign. You and your witnesses will need to present photo identification and sign the document in the presence of the notary. Please be aware that some banks may not provide notary services for a will.
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WILL of Lauren Dougherty
I, Lauren Dougherty, of Marion County, Indiana, declare that this is my will. I revoke all prior wills and codicils.
ARTICLE ONE DECLARATIONS CONCERNING FAMILY AND PROPERTY
1.1 Family. I am not married. My children are With directive in behalf of Stella Pearl Duckworth for Alison Duckworth born 08/31/1983, William Franklin Kaufman born 08/23/1987 and Jared Philip Duckworth born 02/28/1993. I intentionally leave nothing to anyone else claiming to be a child of mine regardless of the validity of their claim. 1.2 Personal Wishes. It is my desire that my executor follow any written directions left with this will regarding memorial services. My remains shall be cremated. 1.3 Guardian of Person. If it becomes necessary for the court to appoint a guardian of the person for any minor child of mine, I request that the court appoint, in order of priority, 1) William Franklin Kaufman or 2) ( ). No bond shall be required of any guardian appointed here. I give the guardian of the person of my child or children the same authority over the person of my child as a parent having legal custody of a child and authorized the guardian to exercise the power without the need for notice, hearing, Court authorization, in instructions approval, or confirmation in the same manner as if the authority were exercised by a parent having legal custody of a child. I request that no bond be required because of the grant of these independent powers.
ARTICLE TWO GIFTS OF PROPERTY
2.1 Tangible Personal Property. I give my Possessions of housekeeping shared as domestic lifestyle to Robert Rowe. I give my Possessions of family interest of Emily and Madelin Kaufman to William Franklin Kaufman and Jared Philip Duckworth. I give my antique desk and collectibles as agreed with Executor to Stella Pearl Duckworth.
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I direct my executor to distribute the balance of my tangible personal property to my relative Jared Philip Duckworth and my relative William Franklin Kaufman in equal shares. If any of the beneficiaries do not survive me for 30 days then their share shall lapse. I may also leave a non-testamentary letter addressed to the executor requesting that certain of my personal possessions be delivered to named individuals. Although such letter shall not be interpreted as a testamentary writing, I request that my beneficiaries and executor carry out the requests made in the letter. If a minor child is to receive tangible personal property it may be delivered to the child or their guardian or parent as the executor sees fit. 2.2 Residue of Estate. I leave the residue of my estate to my friend Robert Rowe, my child William Franklin Kaufman and my child Jared Philip Duckworth by right of representation. If there is no beneficiary and no surviving issue of a beneficiary living at the time of my death then the residue of my estate shall be distributed to my grandchild Stella Pearl Duckworth by right of representation. If my executor determines that a beneficiary’s share can be retained for their benefit in a Uniform Transfers to Minor’s Act (UTMA) Trust, then the executor shall distribute the beneficiary’s share to the executor as custodian under the act to hold said share until the maximum age allowed by law. ARTICLE THREE APPOINTMENT OF FIDUCIARIES 3.1 Executor. I nominate Robert Rowe to act as my executor. If Robert Rowe cannot serve then William Franklin Kaufman is to serve as the executor of my will. No bond shall be required of any executor under this will. 3.2 Executor’s Authority. In addition to any powers and elective rights conferred by statute or federal law or by other provisions of this will, I grant my executor the authority to administer my estate under any procedure for informal or unsupervised administration, or any other available procedure for avoidance of administration or reduction of its burdens. On
,
20
at
,
(date) sign this document and declare it to be my will.
Lauren Dougherty -Page 2-
(town and state)
I hereby
This document (consisting of pages including this one) was signed and declared to be her will by Lauren Dougherty in our joint presence. At her request, in her presence, and in the presence of each other, we hereby sign as witnesses to the execution of this will, believing that she is of sound mind and under no undue influence. Each of us observed the signing of this will by Lauren Dougherty and each other subscribing witness and knows that each signature is the true signature of the person whose name was signed. Each of us is now more than eighteen years of age and a competent witness and resides at the address set forth after our name. We declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ,
at
,
(date)
(town)
(state)
,
residing at
(witness signature)
(town and state) ,
residing at
(witness signature)
(town and state)
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WILL AFFIDAVIT for the WILL of Lauren Dougherty We,
Lauren Dougherty, (Print name of Testator)
and
, (Print name of Witness) ,
the testator and the witnesses, whose names are
(Print name of Witness) signed to the attached instrument in those capacities, personally appearing before the undersigned authority and being first duly sworn, declare to the undersigned authority under penalty of perjury that: 1. the testator declared, signed and executed the instrument as his or her last will; 2. he or she signed it willingly or directed another to sign for him or her; 3. he or she executed it as his or her free and voluntary act for the purposes therein expressed; and 4. each of the witnesses, at the request of the testator, in his or her hearing and presence, and in the presence of each other, signed the will as witness and that to the best of his or her knowledge the testator was at that time of full legal age, of sound mind and under no constraint or undue influence. Testator: (Testator signature) Witnesses: (Witness signature)
(Witness signature)
(Witness address)
(Witness address)
Addresses:
Subscribed, sworn and acknowledged before me,
, a Notary
Public, by Lauren Dougherty, the testator, and by
, and
, the witnesses, this Signature of Notary Public
day of
, 20 (Notary Seal)
My commission expires:
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