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Last Will & Testament – Single with Children

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INTRODUCTION: Last Will & Testament – Single with Children

This Last Will and Testament is written for a person who is single (never married or is a widow
or widower) and has living children of any age.

The document is written so that the property or estate of the Testator (the person for whom
this Will is being made and who will sign it) shall pass to the Children of the Testator upon his or
her death, in equal shares. Should none of the Testator’s Children outlive the Testator, an
alternate beneficiary (or beneficiaries) can be named to receive the Testator’s property.

The Testator can also items of specific personal, tangible property (i.e. household goods,
collectibles, antiques, heirlooms, etc.) that will be passed to specific persons, if the Testator
so desires.

The Testator can also name an alternate executor as well as a guardian for any minor children.

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QUESTIONNAIRE: Last Will & Testament – Single with Children

1) IDENTITY OF THE TESTATOR | Provide details about the person who will be signing this Will.

Full Name of Testator:

Testator’s City of Residence:

Testator’s County of Residence:

Testator’s State of Residence: Select a State

2) IDENTITY OF THE TESTATOR’S CHILDREN | The name(s) of the Testator’s Children.

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METHOD OF DISTRIBUTION TO CHILDREN

The Testator must choose a how to distribute his property to his or her beneficiaries in the
event that one or more of the Testator’s children pre-decease the Testator. The choices are
“per stirpes” or “per capita.”

“Per stirpes" is the more commonly used method of distribution. Upon the death of any of the
Testator’s children or other beneficiaries, property is passed through lineal distribution to the
heirs of the named beneficiaries. If the Testator’s chooses “per capita” distribution, then all of
the living members of the identified group (the Testator’s children, for example) will receive an
equal share. However, if a member of the identified group is deceased, then a distributive
share of the estate will not be created for the deceased member and the distributive shares of
the other members of the identified group will be increased accordingly.

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Consider an example: The Testator’s spouse has died and the Testator is survived by two
children, Amy and Bob. Amy and Bob will each receive 50% of the Testator’s estate upon his
death. But, if Bob dies before the Testator, where would Bob's 50% of the estate go?

If the Testator wants Bob's share to be inherited by Bob's children, then Testator would
choose “per stirpes” distribution. If the Testator wants Amy to inherit the entire estate (which
would result in Bob's children receiving nothing), then the Testator would choose a “per
capita” distribution.

To take the example further: the Spouse, Amy and Bob have all predeceased the Testator.
Amy has one child named Carl; Bob has two children, Daniel and Elizabeth. If the Testator has
chosen a “per stirpes” distribution, then Carl (Amy’s only son) gets ½ of the Testator’s estate
while Daniel and Elizabeth (Bob’s children) each get ¼ of the estate. But, if the Testator had
chosen a “per capita” distribution, each of the Testator’s grandchildren (Carl, Daniel and
Elizabeth) would receive an equal 1/3 share of the Testator’s estate.

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The use of “per stirpes” or “per capita” eliminates the need to modify the Will upon the
death of any of the Testator’s beneficiaries. However, the Testator is free modify the Will (or
create a new Will) should any of his Children or beneficiaries die while the Testator is still
living. Doing so may eliminate unintended distributions under the Will and would permit
the Testator to specifically identify (or eliminate) beneficiaries of the Testator’s choice who
are alive at a time prior to the Testator’s death.

3) METHOD OF DISTRIBUTION | Choose One:

Property will be passed "Per Stirpes" - to the lineal descendent of my

deceased children; or

Property will be passed "Per Capita" - divided among those that I name in
this Will who are still living at the time of my death

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ALTERNATE BENEFICIARIES

Upon his or her death, the Testator’s Children shall receive the property owned by the
Testator. But if all of Testator’s Children predeceases the Testator, where will the property go?

The Testator should name a person or persons to receive the property should all of the
Testator's Children predecease him or her. The Testator can name one person to receive all
of the property or can name several. If several people are names as alternates, the Testator
should designate how the property will be divided – for example, shared equally, an amount
or a percentage, etc.

4) THE ALTERNATE BENEFICIARIES | Name who will receive the property if no Children are alive.
Name(s) of Alternate Beneficiaries:

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GUARDIAN FOR CHILDREN

If the Testator dies while his children are minors, the Testator can name a person or persons
to act as Guardian for the minor children. While the nomination of this alternate Guardian is
not binding on any court, it will be given great weight when a determination is made as to
who will serve as legal Guardian for the minor children. In case the person name as Guardian
is no longer alive or does not wish to serve, an Alternate Guardian can also be named.

An appointment of a Guardian will be made only if the children are minors or if they are
disabled. If, after the Will is signed, the children grow to the age of majority (which is 18 years
old in most states), the Guardian provision of the Will is simply disregarded.

The person named as Guardian and Alternate Guardian should be trustworthy and have the
best interest of the children in mind. The Testator should also obtain the consent of the
alternate Guardian before proposing that they serve in such a capacity.

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5) GUARDIAN | Name the person who will act as Guardian for Children.
Name of Guardian:

6) ALTERNATE GUARDIAN | Name the person who will act as Alternate Guardian for Children.

Name of Alternate Guardian:

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THE EXECUTOR

The Executor is the person obligated to pay the debts and obligations of the estate, gather
property of the estate for distribution, and submit the Will to probate.

The Testator can name a person or persons to act as Executor, as well as name an Alternate
Executor. The Alternate Executor would assume the role of Executor only if the person named
as Excutor is not be able or willing to act in that capactity

7) EXECUTOR | Name the person who will act as Executor of the Testator’s estate.

Name of Executor:

8) ALTERNATE EXECUTOR | Name the person who will act as Alternate Executor of the estate.

Name of Alternate Executor:

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ADDITIONAL OR ‘CATCHALL’ PROVISIONS

The Testator may add personal messages, requests or directions to this Last Will & Testament
if he or she so wishes. These additional provisions should relate ONLY to personal matters.
DO NOT attempt to transfer real property or create obligations that relate to the Testator’s
property in this section of the Will.

9) OTHER PROVISIONS | Add statements or requests to the Will.

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OPTIONAL: ADDENDUM TO LAST WILL & TESTATMENT FOR PERSONAL PROPERTY

If the Testator wishes to make gifts of personal property, keepsakes or mementos to

specifically-named individuals, the separate ADDENDUM document should be used.

The Addendum is provided as a separate PDF file included in the main Will download.
The use of the Addendum PDF is completely optional. If the Testator does not wish to make
any specific gifts of personal property to named beneficiaries, then no Addendum is needed.
But if the Testator does wish to make specific gifts, the Addendum should be prepared per
its instructions.

The Testator must sign and date this Addendum and then physically attach the Addendum to
the Will. If the Testator wishes to change, alter or eliminate any specific gifts in the
Addendum later, a new Addendum should be prepared, signed and notarized as instructed.
This new Addendum should then be attached the Will, replacing the previous version which
should be destroyed.

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WHAT TO DO WITH THE FINISHED DOCUMENT

Once the Testator has completed the document, the Last Will & Testament must be printed to
paper. The Testator should place his or her initials on the line at the bottom right of each
page. DO NOT SIGN THE DOCUMENT YET!

There are two options for a Testator to sign and execute a Last Will document:

1. In the presence of two Witnesses; or

2. In the presence of two Witnesses and a Notary.

Standard Legal suggests the second option - the Testator signs the Will in the presence
of a Notary and two Witnesses. Doing so makes the Will 'self-authenticating'.

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Having the Will notarized is NOT a legal requirement, as a Will is valid and enforceable once
signed by the Testator and properly witnessed. But if the Testator signs the Will without using
a Notary, the Executor may have to prove to a Probate Court that the Testator and Witness
signatures are genuine, and that the Testator had the capacity to sign the Will.

Having the Notary and Witnesses sign the Last Will & Testament and the Acknowledgement &
Affidavit at the same time the Testator signs the document makes the Will self-authenticating.
It eliminates the need to provide further evidence of execution to the Probate Court, and doing
so can result in a significant savings of time, effort and money.

After the Will is fully executed, make several copies of the document. Keep the original
document in a safe location accessible by the named Executor. The Testator can also
distribute the other copies to trusted friends and advisors, if desired. These copies can serve
as "backup" versions should the original be lost or destroyed. However, if the original
document is lost or destroyed, a new will should be made.

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 LAST WILL & TESTAMENT
KNOW ALL MEN BY THESE PRESENTS, THAT I,

of

being of full age and of sound mind and memory, do hereby make, publish and declare
this to be my Last Will & Testament, hereby revoking any and all wills and codicils by
me heretofore made.

ITEM I.

I direct that all of my debts, funeral expenses, costs and expenses of administration be
paid at my Executor’ discretion from the income or principal of my estate as soon as
practicable after the time of my decease; all estate, inheritance, or other taxes imposed
by reason of my death, together with interest and penalties thereon, shall be paid
without apportionment from the income or principal of my residuary estate at my
Executor’s discretion.

ITEM II.

I am not married as of the date of execution of this Last Will & Testament. I have living
children whose names are:
Sfiojndifj d[099fdi u, 0dfjh0djf [diml ,d-fjd[-9kd and0a jdijmf
d[jdifj d[idp

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 These children, along with any other child or children born to or adopted by me after the
execution of this Will, shall hereinafter be referred to in this Will as 'my Children'.

ITEM III.

Written List. I may leave a written list signed by me disposing of certain items of
tangible personal property. Any such list in existence at the time of my death shall be
deemed incorporated herein by reference. This list will be designated as an "Addendum"
to my Will. I shall attempt to attach this Addendum (in its most current version) to this
Will. If no list is found and properly identified by my Executor within thirty (30) days
after my Executor is appointed, it shall be presumed that there is no such list or
Addendum and any subsequently discovered list shall be ignored.

Remaining Property Distribution. I give and bequeath all my other property, be it real,
personal, mixed, tangible or intangible property of whatever kind and wherever
situated, including (but not limited to) my clothing, personal effects, furniture and
household furnishings, automobiles and other business and non-business property not
otherwise effectively disposed of (and not listed in my written Addendum) and owned by
me at the time of my death, to my Children, such property to be distributed among them
in as equal shares as possible as they, their Guardian or my Executor may determine
and in accordance with instructions which may have been given to them by me orally or
in writing from time to time during my lifetime; and if my Children are unable to agree,
then as my Executor shall determine; provided, however, that if any of my Children are
under the age of majority, such property shall be delivered to his or her guardian or the
person with whom he or she resides, the receipt of whom shall constitute complete and
final acquittance of my Executor hereunder. Except for any property or item set forth in
the Addendum, my Executor may dispose of any tangible personal property, by sale or
otherwise, which in the Executor's judgment or in the judgment of my Children and/or
their guardian, should not be retained.

In the event that any of my Children predecease me or fail to survive me for a period of
thirty (30) days, then the share of the estate that such deceased child would have

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 received under any provision of this Will if living, I give, devise and bequeath to my then
living lineal descendants, Per Stirpes.

If none of my Children survive me and leave no lineal descendants, I give and bequeath
all my other property, not otherwise disposed of, to the following:
Amy J. Alteroi[dfd[ifjdfi9jd d['fr d

ITEM IV.

If it becomes necessary or desirable that a guardian for my Children be appointed, then

it is my wish and direction that any court having jurisdiction over such appointment
appoints the following person as guardian:

Amy J. Alteroi[dfd[ifjdfi9jd d['fr d

If the person named above is unable for any reason or unwilling to serve as guardian for
my Children, then it is my wish and direction that any court having jurisdiction over
such appointment appoints the following person as guardian:

Amy J. Alteroi[dfd[ifjdfi9jd d['fr d

And I request and direct that such person be permitted and authorized to qualify and act
as such guardian in any jurisdiction even though such person may at the time be acting
as the personal representative of my estate, without bond or security.

ITEM V.

I nominate the following person as Executor of my estate:

Robert Ji. dfidofndpijdfoijndfpodfj

In the event that the above named Executor should predecease me, or refuses or is
unable for any reason to qualify as Executor or complete the execution of this, my Last

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 Will and Testament, then I nominate and appoint following person as successor or
alternate Executor of my estate:

Robert Ji. dfidofndpijdfoijndfpodfj

I direct that no bond be required of my Executor or successor. To the extent permitted
by law, the administration of my estate shall be independent of the supervision of any
court. Any Executor of my estate shall have all of the powers from time to time conferred
upon executors or administrators by law (except to the extent a power would conflict
with this Will, in which case the provisions of this Will shall control), including the
power to assign, bargain, sell, convey, transfer, deliver, lease or otherwise dispose of and
deal with any real, personal, tangible and/or intangible property belonging to my estate,
upon such terms as my Executor shall deem best, without regard to the necessity of sale
or other disposition for the purpose of paying debts, taxes or legacies; or to retain any or
all such property not so required, without liability for any depreciation thereof; to make
distribution or division of property in kind, or partly in cash and partly in kind, where
necessary, in order to facilitate any distribution or division of assets under this Will, and
to exercise reasonable discretion in determining the valuation of assets distributed in
kind; to deliver to the parent, guardian or other person maintaining the minor
beneficiary any property; to employ agents, accountants, brokers, attorneys at law, or
other assistants determined by my Executor to be necessary for the proper settlement or
administration of the estate or the sale of any part of the estate; to assign or transfer
certificates of stock, bonds or other securities; to adjust, arbitrate, compromise, settle or
abandon all claims in favor of or against my estate; to do any and all things necessary or
proper to complete the administration of my estate, all as fully as I could do if living;
and to execute, acknowledge and deliver any and all instruments of conveyance,
transfer, powers of attorney, proxies or other paper writings by my Executor deemed
necessary or incident to the plenary exercise of the powers and authority in this, my Last
Will and Testament, vested in or conferred upon my Executor.

For the purposes of this Will, no person shall be deemed to have survived me if that
person should die within thirty (30) days after my death.

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 If any individual beneficiary under this Will is a minor or is Disabled, distributions to
such beneficiary may be made in whichever of the following ways as my Executor deems
best:

a. to the beneficiary directly;

b. to the legally appointed guardian, conservator, or attorney-in-fact of the
beneficiary; or
c. to a custodian for a minor beneficiary under a Uniform Gifts to Minors Act or
a Uniform Transfers to Minors Act.

A receipt for payment by any of the above persons will completely discharge my
Executor in respect to that payment.

A person is Disabled for purposes of this Will if either of the following is true:

a. he/she has been adjudicated incompetent by an appropriate court; or

b. he /she lacks the physical or mental capacity to manage his or her financial
affairs, as determined by my Executor or by a physician familiar with the
individual.

ITEM VI.

I have made this Will after giving thought and consideration to the same. I have
intentionally omitted making provisions for any or all of my heirs who are not
specifically mentioned and included herein. I specifically disinherit each, any or all
persons whoever claims to be or who may lawfully be determined to be my heirs at law,
except and unless such persons or entities are mentioned in this Will. If any such person
unnamed in this Will shall contest in any court any of the provisions of this Will, then
each, any and all such persons shall not be entitled to any devise, legacy, bequest or
benefit under this Will. To any or all persons unnamed in this Will who are successful in

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 contesting in any court any of the provisions of this Will, I hereby leave the sum of One
Dollar ($1.00).

The interests of the beneficiaries under this Will shall not be transferable by voluntary
assignment and, to the extent permitted by law, shall be free from execution,
attachment, bankruptcy, levy and/or other procedures for the satisfaction of creditors'
claims.

If any beneficiary named in this Will contests, in whole or part, this Will or in any
manner attempts to have this Will declared invalid, such person shall receive no benefits
or interests from this Will and my Will shall thereafter be carried out as if such person
had pre-deceased me. If any beneficiary or recipient of any bequest named in my Will
disclaims all or part of a gift, that part or portion of the disclaimed bequest shall be
distributed as if the disclaiming beneficiary or recipient had predeceased me.

Wherever the context so requires, the masculine, feminine or neuter gender shall
include the other two genders, the singular shall include the plural and the plural shall
include the singular.

If any of the provisions of this Will are deemed unenforceable, the provisions not
deemed unenforceable shall remain in full force and effect.

Finally, I include the following personal provisions as a part of this Last Will:

eakdm /ldk;jf[0dimfdl; j'/l;dj0fimd/m 0[9imdf [0 udfl/kdj d'fiu dopi df[9di dfi9 df[9di
098f d' [d09 uf[d

[Signatures and Acknowledgment on the following pages.]

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 IN WITNESS WHEREOF, I have set my hand to this, my Last Will & Testament,

on ________________________________.

Signature of Testator:

______________________________

WITNESSES

On , 20___ before us, the undersigned

attesting Witnesses, appeared the Testator

who signed, published and acknowledged, in our presence this instrument to be the
Testator’s Last Will & Testament. Each of us declares under penalty of perjury under the
laws of the State in which the Testator resides and/or signed the Will, that the following
is true and correct:

a) On the date written below the Testator of this Will declared to us that this
instrument was the Testator's Will and requested us to act as Witnesses to it;
b) We understand this is the Testator's Will;
c) The Testator signed this Will in our presence, all present at the same time;
d) We now, at the Testator's request, and in the Testator's and each other's
presence, sign below as Witnesses;
e) We believe the Testator is of sound mind and memory;

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 f) We believe that this Will was not procured by duress, menace, fraud or undue
influence;
g) The Testator, in our respective opinions, could read, write and converse in the
English language and was suffering from no defect of sight, hearing or speech or
from any other physical or mental impairment which would affect his/her
capacity to make a valid Will;
h) The Will was executed as a single, original instrument and was not executed in
counterparts;
i) Each of us is acquainted with the Testator at the time of signing;
j) The Testator is age 18 or older; and
k) Each of us is now age 18 or older, is a competent Witness, and resides at the
address set forth in the space below his/her name.

Signature of First Witness: Signature of Second Witness:

____________________________ ____________________________

Printed Name of First Witness: Printed Name of Second Witness:

____________________________

Residence Address of First Witness: Residence Address of Second Witness:

____________________________ ____________________________

____________________________ ____________________________

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 ACKNOWLEDGEMENT & AFFIDAVIT

STATE OF:
COUNTY OF:

I, the Testator, declare to the officer taking my acknowledgment of this instrument, and
to the subscribing Witnesses, that I signed this instrument as my Last Will & Testament
on the date set forth above.

______________________________
Signature of

Acknowledged and subscribed before me by the above named Testator who

is personally known to me or has produced as identification:

____________________________________________________________;

and sworn to and subscribed before me by the above named First Witnesses who is
personally known to me or has produced as identification:

____________________________________________________________;

and sworn to and subscribed before me by the above named Second Witness who
is personally known to me or has produced as identification:

____________________________________________________________;

and subscribed by me in the presence of the Testator and each of the subscribing
Witnesses.

______________________________
Notary Public
Dated: _________________________
(Seal)

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