Will

MY LAST WILL AND TESTAMENT

_____________________________________________

LAST WILL AND TESTAMENT

________________________________________

I, ________________________________________, in the City of ______________________________, county of ______________________________, and State of ______________________________, being of sound mind and disposing memory and not acting under duress or undue influence, and fully understanding the nature and extent of all my property and of this disposition thereof, do hereby make, publish, and declare this document to be my Last Will and Testament, and do hereby revoke any and all other wills and codicils heretofore made by me.

ARTICLE I

IDENTIFICATION OF FAMILY

I am married to ________________________________________ and all references in this Will to “my spouse” are references to ________________________________________. The names of my children are ___________________________________________________________________________________________________________________________________________________________________________________. All references in this Will to “my children” are references to the above-named children and any children born to me or adopted by me after the signing of this Will.

ARTICLE II

PAYMENT OF DEBTS AND EXPENSES

I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid as soon after my death as may be reasonably convenient, and I hereby authorize my Independent Personal Representative (or Executor), hereinafter appointed, to settle and discharge, in his or her absolute discretion, any claims made against my estate.

ARTICLE III

DISPOSITION OF PROPERTY

Specific Bequests. I direct that the following specific bequests be made from my estate. If any beneficiary listed below does not survive me, such bequest shall be distributed with my residuary estate.

___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.
___________________________________________________ shall be distributed to ________________________________________ who resides in ____________________________.

Digital Assets. My digital assets shall be distributed in accordance with Schedule A (located on the last page) of this Will. For the purposes of this Will, digital assets shall mean electronic assets that are stored on my computers, electronic devices, or on any online account, as identified in Schedule A. Online accounts include, but are not limited to, social-networking sites, online backup services, servers, email accounts, photo and document sharing sites, financial and business accounts, domain names, virtual property, websites and blogs. An instructional document, titled, “Letter of Instructions” with associated websites, usernames, passwords, and related information, is hereby incorporated by reference into this Will and shall be distributed to the Digital Executor designated in this Will.

Remaining Tangible Personal Property. My remaining tangible personal property shall be distributed to ___________________________________. If this beneficiary does not survive me, this property shall be distributed with my residuary estate.

Residuary Estate. I direct that my residuary estate be distributed to the following beneficiaries in the percentages as shown. If any beneficiary listed here does not survive me, this shall be distributed proportionately to the other distributes under this provision.

____% _________________________ of city: _____________________, State: ___________________

____% Percent Total

ARTICLE IV

NOMINATION OF INDEPENDENT PERSONAL REPRESENTATIVE

I nominate ________________________________________, of City: _______________, State: ____________________, as my Independent Personal Representative, to serve without bond, surety, or other security. If such person or entity does not serve for any reason, I nominate _________________________________________, of City: ____________________, State:____________________, to serve as my Independent Personal Representative, to serve without bond, surety, or other security.

ARTICLE V

NOMINATION OF DIGITAL EXECUTOR

I nominate ________________________________________, of City: ___________________, State: ____________________, as my Digital Executor, to serve without bond, surety, or other security. If such person or entity does not serve for any reason, I nominate ________________________________________, of City: ____________________, State: ____________________, to serve as my Digital Executor, to serve without bond, surety, or other security.

ARTICLE VI

NOMINATION OF GUARDIAN

Should it become necessary to appoint a guardian of the person of a minor child, I nominate ________________________________________ and ________________________________________, of City: ____________________, State: ____________________, to serve as Guardian(s) of my surviving children who are minors at the time of my death. If such person is unable to serve as Guardian(s) together, I nominate ________________________________________ and ________________________________________, of City: ____________________, State: ____________________, to serve as the Guardian(s). No guardian(s) shall be required to furnish any bond, surety or other security in any jurisdiction.

ARTICLE VII

NOMINATION OF PET GUARDIAN

Pet Caretaker: In the event that my pet(s) survive me at the time of my death, I direct that _______________________________________ accept my pets and care for them. If ________________________________________ is unable or unwilling to accept my pet(s), I direct that my pet(s) be given to ________________________________________ and be cared for appropriately.
If neither are able or willing to accept and care for my pet(s), the Executor shall surrender my pet(s) to the local Humane Society, to be placed in an appropriate home.
Pet Caretaker Funds. The Executor shall give $__________ from my estate to the person who accepts my pet(s), for their care and safety.

ARTICLE VIII

PERSONAL REPRESENTATIVE POWERS

Power to Administer Estate. My Independent Personal Representative, with respect to my estate, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the following rights, powers, and authority without order of court and without notice to anyone: to identify, gather, value, secure, manage and distribute assets, to maintain records, to settle and wind up business affairs, to pay debts, to file necessary tax returns, to redirect mail, to cancel services, to establish trusts, and to carry out my wishes as set forth in this Will.
Independent Administration. My Independent Personal Representative shall have the right to administer my estate using “informal”, “unsupervised”, or “independent” probate or equivalent legislation designed to operate without unnecessary intervention by the probate court.

ARTICLE IX

DIGITAL EXECUTOR POWERS

Digital Executor. My Digital Executor, in addition to other powers and authority granted by law or necessary or appropriate for proper administration, shall have the right and power to manage, distribute, and/or terminate my digital assets in accordance with the Letter of Instructions incorporated by reference into this Will, without order of court and without notice given to anyone. My Digital Executor’s powers shall include, but not limited to, the power to access, download, and backup digital assets, to convert my file formats, to access any and all devices as necessary to manage digital assets, to clear computer caches and to delete files. The Digital Executor shall also:

Standard of Care. Manage, distribute, and/or terminate my digital assets, exercising the judgment and care, under the circumstances then prevailing, that persons of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their digital assets, considering the probable safety of their assets.
Employ Professional Assistance. Employ and compensate counsel and other persons deemed necessary by the Digital Administrator for proper administration of my digital assets.
Delegate Authority. Delegate authority when such delegation is advantageous to the estate or to the management, distribution and/or termination of my digital assets.
Duration of Powers. Continue to exercise the powers provided in this Article IX notwithstanding the termination of my estate until all the digital assets of the estate have been distributed.

Independent Administration. My Digital Executor shall have the right to administer y digital assets using “informal”, “unsupervised”, or “independent” probate or equivalent legislation designed to operate without unnecessary intervention of the probate court.

ARTICLE X

SPECIAL DIRECTIVES

I hereby state, that in addition to the directives and bequests as set forth in this Will, it is my desire and wish to include the following special directives and last wishes:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

ARTICLE XI

MISCELLANEOUS PROVISIONS

Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purposes only and are not to be considered as forming a part of this Will in interpreting its provisions. All words used in this Will in any gender shall extend to and include all genders, and any singular words shall include the plural expression, and vice versa, specifically including “child” and “children”, when the context or facts so require, and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number.
Thirty Day Survival Requirement. For the purposes of determining the appropriate distributions under this Will, no person shall be deemed to have survived me unless such person is also surviving on the thirtieth day after the date of my death.
Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary of my estate, and my estate shall indemnify such natural person from any and all claims or expenses in connection with or arising out of that fiduciary’s good faith actions or nonactions of the fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad faith. No successor trustee shall be obliged to inquire into or be in any way accountable for the previous administration of the trust property.
Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall be determined by such beneficiaries if they can agree, and if not, by my Independent Personal Representative.

Self-Proving Affidavit

STATE OF ____________________

COUNTY OF ____________________

We, ________________________________________, ________________________________________, and ________________________________________, the Testator and the witnesses, respectively, whose names are signed to the attached or foregoing instrument, having been sworn, declared to the undersigned officer that the Testator, in the presence of witnesses, signed the instrument as the Testator’s last Will (codicil), that the Testator signed, and that each of the witnesses, in the presence of the Testator and in the presence of each other, signed the Will (codicil) as a witness.

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Testator’s Signature

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Testator’s Printed Name

Witness #1:

______________________________

Signature

___________________________________ _____________________________ _________________

Print Name Address City

____________________ _______________ ____________________ ________________________

State Zip Code Phone Number Email

Witness #2:

______________________________

Signature

___________________________________ _____________________________ _________________

Print Name Address City

____________________ _______________ ____________________ ________________________

State Zip Code Phone Number Email

Acknowledged and subscribed before me by the testator, _________________________________________, who is personally known to me or who has produced ____________________ as identification and sworn to and subscribed before me by the witnesses, _________________________________________, who is personally known to me or who has produced ____________________ as identification, and _________________________________________, who is personally known to me or who has produced ____________________ as identification, and subscribed by me in the presence of the testator and he subscribing witnesses, all on ______________________________.

______________________________

Signature of Officer

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(Print, type, or stamp commissioned name and affix official seal)

MY LIVING WILL

__________________________________________________

LIVING WILL

AND

DESIGNATION OF HEALTH CARE SURROGATE BELONGS TO:

_____________________________________________

LIVING WILL

Declaration made this _____ day of ____________________, ________. I, ________________________________________, willfully and voluntarily make know my desire that my dying not be artificially prolonged under the circumstances set forth below, and I do hereby declare:

LIFE-PROLONGING PROCEDURES

_____ (INITIAL) I so chose that, if at any time I am BOTH mentally and physically incapacitated AND

I have a terminal condition, OR
I have an end-state condition, OR
I am in a persistent vegetative state,

AND if my attending or treating physician and another consulting physician have determined that there is no reasonable medical profitability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care to alleviate pain.

NUTRITION AND HYDRATION.

If I have a condition state above, it is my preference to Receive or NOT to Receive artificially administered nutrition and hydration (food and fluids).

OTHER REQUESTS

DESIGNATION OF HEALTH CARE SURROGATE

DESIGNATION OF HEALTH CARE SURROGATE

In the event that I have been determined to be incapacitated to provide informed consent for medical treatment and surgical and diagnostic procedures, I wish to designate as my Surrogate for health care decisions:

Surrogate Name: ________________________________________ Address: ______________________________ City: ____________________ State: ____________________ Zip Code: ___________ Phone: ____________________ Email: ______________________________________

Relation, if any: _________________________

AUTHORITY OF SURROGATE

I fully understand that this designation will permit my designee to make health care decisions and to provide, withhold, or withdraw consent on my behalf, to apply for public benefits to defray the cost of health care, to have access to my records necessary to make decisions or apply for benefits; and to authorize my admission to or transfer from a health care facility. I specifically give my Surrogate the authority to provide, withhold, or withdraw consent to the provision of life-prolonging procedures on my behalf including the provision of artificially provided nutrition and hydration. My Surrogate must act consistently with my desires as stated in this document or otherwise made known.

LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT:

DESIGNATION OF ALTERNATE SURROGATE

If my Surrogate is unwilling or unable to perform his/her duties, I wish to designate as my Alternate Surrogate:

FIRST ALTERNATE SURROGATE

Relation, if any: _________________________

SECOND ALTERNATE SURROGATE

Relation, if any: _________________________

GENERAL PROVISIONS

HOLD HARMLESS

All persons or entities who in good faith endeavor to carry out the terms and provisions of this document shall not be liable to me, my estate, my heirs or assigns for any damages or claims arising because of their action or inaction based on this document, and my estate shall defend and indemnify them.

SEVERABILITY

If any provision of this document is held to be invalid, such invalidity shall not affect the other provisions which can be given effect without the invalid provision, and to this end the directions in this document are severable.

STATEMENT OF INTENTIONS

It is my intent that this document be legally binging and effective. If the law does not recognize this document as legal binding and effective, it is my intent that this document be taken as a formal statement of my desire concerning the method by which any health care decisions should be made on my behalf during any period in which I am unable to make such decisions.

(YOU MUST DATE AND SIGN THIS LIVING WILL AND DESIGNATION IN THE PRESENCE OF TWO WITNESSES)

I affirm that this Living Will and Designation is not being made as a condition of treatment or admission to a health care facility. I have read and understood the contents of this document and the effect of this grant of powers to my Surrogate. I am emotionally and mentally competent to make this declaration.

Signed on this _____ day of ____________________, __________.

Signature: ____________________

Name: ________________________________________

We, the undersigned witnesses, state that in the presence of each other and ________________________________________ we have witnesses the signing of this Living Will and Designation by ________________________________________. I have not been appointed as ________________________________________’s Surrogate or Alternate Surrogate. At least one witness is not ________________________________________’s spouse nor blood relative.

Witness #1

Witness Signature: ________________ Witness Name: ________________________________________ Address: ______________________________ City: ____________________ State: ____________________ Zip Code: ___________ Phone: ____________________ Email: ______________________________________

Date: _________________________

Witness #2

Date: _________________________

Specific Bequests Digital Assets

Schedule A

Name of Each Digital Asset and Digital Executor

Name of Sole Digital Executor: ________________________________________ City: ___________________

State: ____________________

Name of Digital Asset: _________________________________________________________________

Where to Access: _____________________________________________________________________