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Estate Planning Documents (Will, Trust, Power of Attorney) template
Estate Planning Documents (Will, Trust, Power of Attorney) sample


What is Estate Planning Documents (Will, Trust, Power of Attorney)?

Estate Planning Documents (Will, Trust, Power of Attorney) Dictate asset distribution and medical decisions upon incapacity or death.



Sample template:



Last Will and Testament of Jane Doe


1. Declaration

I, Jane Doe, residing at [Address], [City], [State], [Zip Code], being of sound mind, do hereby declare this document to be my Last Will and Testament, revoking all previous Wills and Codicils made by me at any time before the execution of this Will.



2. Appointment of Executor

I appoint [Executor Name], residing at [Executor Address], as the Executor of my Last Will and Testament. If [Executor Name] is unable or unwilling to serve, I appoint [Alternate Executor Name] as the alternate Executor.



3. Payment of Debts and Expenses

My Executor shall pay all my legally enforceable debts, funeral expenses, and the expenses of administering my estate. The payment shall come from my residual estate and shall exclude any specific bequests made in this Will. If any portion of the payment is insufficient, then such portion shall be paid in proportion to the individual value of my assets and interests.



4. Specific Bequests

4.1. Personal Property


I bequeath to [Beneficiary Name], residing at [Beneficiary Address], my [Description of Personal Property] (Quantity).



4.2. Real Property


I devise to [Beneficiary Name], residing at [Beneficiary Address], the real property described as [Description and Location of Real Property], together with all improvements and appurtenances.



5. Residuary Estate

All the rest, residue, and remainder of my estate, whether real, personal, or mixed, and wherever situated, I give, devise, and bequeath to [Residuary Beneficiary Name], residing at [Residuary Beneficiary Address].



6. Guardianship

In the event I have any minor children at the time of my death, I nominate [Guardian Name], residing at [Guardian Address], as the guardian of my minor child(ren). If [Guardian Name] is unable or unwilling to serve as guardian, I nominate [Alternate Guardian Name] as the alternate guardian.



7. Execution

I have executed this Last Will and Testament on [Date], in the presence of two (2) competent witnesses, who have signed this document below as witnesses, in my presence, and at my request.



______________________________


Jane Doe – Testator



______________________________


[Witness 1 Name] – Witness


[Witness 1 Address]



______________________________


[Witness 2 Name] – Witness


[Witness 2 Address]

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Common Sections of a Last Will and Testament


In this Last Will and Testament of Jane Doe, you will see the following sections:

  1. Declaration
  2. Appointment of Executor
  3. Payment of Debts and Expenses
  4. Specific Bequests
  5. Residuary Estate
  6. Guardianship
  7. Execution


Analysis/Summary of each section

  1. Declaration : This section states that Jane Doe is of sound mind and that this document is her Last Will and Testament, replacing any previous versions. Think of it as an introduction and a way to confirm that Jane is making this decision consciously and willingly.

  2. Appointment of Executor : Jane appoints a person (the Executor) to manage her estate after her death. If the first choice is unable or unwilling to serve, an alternate Executor is named. The Executor is like a project manager who ensures Jane's wishes are carried out.

  3. Payment of Debts and Expenses : The Executor is responsible for paying any outstanding debts, funeral expenses, and costs related to managing the estate. These payments come from the remaining assets after specific bequests are distributed. It's like settling the bills before distributing the remaining assets.

  4. Specific Bequests : This section details who will receive specific items or properties from Jane's estate. It's like a gift list, specifying who gets what.

  5. Residuary Estate : After all specific bequests are distributed and debts/expenses are paid, the remaining assets are given to the named beneficiary. Think of it as the "leftovers" being given to a designated person.

  6. Guardianship : If Jane has minor children at the time of her death, she names a guardian to take care of them. An alternate guardian is also named in case the first choice is unable or unwilling to serve. This section ensures that Jane's children are taken care of by someone she trusts.

  7. Execution : This section confirms that Jane signed the Will in the presence of two witnesses, who also signed the document. This process ensures the Will is legally valid and that Jane's wishes are respected. It's like having a notary public confirm the authenticity of a document.

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