"Simple Will Form" - Montana

Simple Will Form is a legal document that was released by the Montana Department of Public Health and Human Services - a government authority operating within Montana.

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LAST WILL AND TESTAMENT
OF
I. INTRODUCTION
I,
, also known as
,
domiciled
and residing in
County, Montana, declare this to be my Will,
revoking all prior Wills and codicils.
II. FAMILY INFORMATION
I am married to
. All references of "my spouse"
are to him/her. I have
children, namely,
.
All references to "my children" refer to the
children named in this paragraph
and any other children hereafter born to or adopted by me and my spouse.
III. DEBT CLAUSE
I direct that all of my legally enforceable debts, funeral expenses and expenses in
connection with the administration of my estate be paid as soon as practicable after
my death.
IV. PRE-RESIDUARY GIFTS
A. Tangible Personal Property List
If my spouse survives me, I give him/her all of my tangible personal property.
If my spouse fails to survive me, I might leave a written statement or list
disposing of items of tangible personal property. If I do and if my written statement
or list is found and identified by the personal representative no later than 30 days after
my death, then the statement or list is to be given effect to the extent authorized by
law. Any tangible personal property not effectively disposed of by such a statement
or list shall be distributed to my surviving children (and not to their descendants) as
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LAST WILL AND TESTAMENT
OF
I. INTRODUCTION
I,
, also known as
,
domiciled
and residing in
County, Montana, declare this to be my Will,
revoking all prior Wills and codicils.
II. FAMILY INFORMATION
I am married to
. All references of "my spouse"
are to him/her. I have
children, namely,
.
All references to "my children" refer to the
children named in this paragraph
and any other children hereafter born to or adopted by me and my spouse.
III. DEBT CLAUSE
I direct that all of my legally enforceable debts, funeral expenses and expenses in
connection with the administration of my estate be paid as soon as practicable after
my death.
IV. PRE-RESIDUARY GIFTS
A. Tangible Personal Property List
If my spouse survives me, I give him/her all of my tangible personal property.
If my spouse fails to survive me, I might leave a written statement or list
disposing of items of tangible personal property. If I do and if my written statement
or list is found and identified by the personal representative no later than 30 days after
my death, then the statement or list is to be given effect to the extent authorized by
law. Any tangible personal property not effectively disposed of by such a statement
or list shall be distributed to my surviving children (and not to their descendants) as
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they may agree. If my surviving children fail to reach agreement within 90 days after
the probate of this Will, such tangible personal property shall be divided among my
surviving children as my personal representative determines appropriate, in shares of
substantially equal value.
If any child of mine is a minor at the time of such division, my personal
representative may distribute the child's share to the child or for the child's use to the
child's guardian or to any person with whom the child is residing, without further
responsibility, and the distributee's receipt shall be a sufficient discharge to my
personal representative.
V. RESIDUARY CLAUSE
If my spouse survives me, I give him/her the residue of my estate. If he/she
fails to survive me, I give the residue of my estate to my descendants who survive me
by representation.
VI. METHODS OF DISTRIBUTION TO CERTAIN BENEFICIARIES
If under this will any property is distributable to a minor or to a person under
twenty-one (21) years of age, my personal representative, in my personal
representative's absolute discretion, may distribute such property in any manner
permitted by law and additionally in any one or more of the following ways:
(A)
If the person is a minor, directly to the minor or on behalf of the minor
for the minor's exclusive benefit;
(B)
If the person is a minor, to a guardian or conservator for the minor; or
(C)
If the person is under twenty-one (21) years of age, to any person
(including my personal representative) selected as a custodian by my personal
representative under the applicable Uniform Transfers to Minors Act of any State.
VII. APPOINTMENT OF PERSONAL REPRESENTATIVE
I appoint my spouse as personal representative of my estate. In the event my
spouse shall die, be adjudicated incompetent, or resign, I hereby name as successor
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personal representative to fill such vacancy or any vacancy that may thereafter occur,
the first in the order named who is then willing and able to serve:
(A)
(B)
(C)
VIII. POWERS OF PERSONAL REPRESENTATIVE
In addition to the powers given to my personal representative by law effective
at death, my personal representative shall have all powers authorized by the Montana
Uniform Probate Code, as that Code exists on the date of this Will.
IX. NOMINATION OF GUARDIAN
In the event of my death and any of my children are under age 18, then I
nominate
or
as
Guardians for such children.
X. MONTANA LAW
This instrument shall be construed under the laws of the State of Montana.
XI. REPRESENTATION
The persons who take under this will as "descendants by right of
representation" shall take in accordance with the rules of §72-2-116 MCA as that
section exists on this date of this Will.
XII. CAPTIONS
The captions set forth in this Will at the beginning of various provisions are for
convenience of reference only, and shall not be deemed to define or limit the
provisions of this Will, or to affect in any way its construction or application.
XIII. CONCLUSION AND ATTESTATION
I,
, the testator(rix) sign my name to this instrument
this
day of
, 20____ and being first duly sworn, do hereby declare
to the undersigned authority that I sign and execute this instrument as my Will and
that I sign it willingly (or willingly direct another to sign for me), that I execute it as
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my free and voluntary act for the purposes therein expressed, that I am 18 years of age
or older, of sound mind, and under no constraint or undue influence.
(TYPED NAME)
We, witnesses, sign our names to this instrument, consisting of
5
pages,
being first duly sworn, do hereby declare to the undersigned authority that the
testator(rix) signs and executes this instrument as the testator's/testatrix’s Last Will
and that the testator(rix) signs it willingly (or willingly directs another to sign for the
testator(rix)), that each of us, in the presence and hearing of the testator(rix), hereby
signs the Will as a witness to the testator's/testatrix’s signing, and that to the best of
our knowledge the testator(rix) is 18 years of age or older, of sound mind, and under
no constraint or undue influence.
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Witness
Witness
Residing at:
Residing at:
STATE OF MONTANA
)
: ss.
County of
)
SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me by
,
the testator, and subscribed and sworn to before me by the above-named witnesses,
this
day of
, 20
.
(Signature of Notary)
(Printed Name)
Notary Public for the State of Montana
Residing at:
My Commission Expires:
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