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OTHER NAMES Last Will and Testament Legal Will

What is a Complete Will for Same-Sex Couples?

If you're in a same-sex relationship and want to help ensure that your partner and children are taken care of, you can use a Complete Will for Same-Sex Couples to help protect your interests. (Even if your state does not allow same-sex marriage.) You can help make sure your partner is your beneficiary, or among multiple beneficiaries, if you die. With a Complete Will for Same-Sex Couples you can establish exactly what you want to have happen to your estate. 
 
A Complete Will for Same-Sex Couples is a document to use if you want to help make sure your partner receives your assets, property, and is responsible for your children upon your death. Having a Complete Will for Same-Sex Couples helps you get around any potential legal issues. You can take care of your partner now by planning for the future. 
 
Please note: for couples, a separate will should be created for each person, as a "joint will" is not recommended, and if your estate is likely to be more than the federal applicable exclusion amount ($5,120,000), you may want to use more complete estate planning techniques that are not provided by this document. Finally, for same-sex couples, you can also consider using a Living Trust in addition to creating a will; although a will could be overturned by in a state that does not recognize same-sex marriages, a living trust is more difficult to overturn. 
 
Also, if your estate will be larger than the federal estate tax exemption amount, currently $5,120,000, this document is best used for education and planning purposes. Consult a lawyer for more complex estate planning.

When to use a Complete Will for Same-Sex Couples:

  • You want to make sure your partner is protected if you pass.
  • You'd like to ensure that your estate and assets are property distributed.
  • You're a parent and want to ensure that your partner is responsible for your children.
Note: If your estate will be larger than the federal estate tax exemption amount, currently $5,120,000, this document is best used for education and planning purposes. Consult a lawyer for more complex estate planning.

Sample Complete Will for Same-Sex Couples

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LAST WILL AND TESTAMENT

OF

 

 

I, , of , , revoke my former Wills and Codicils and declare this to be my Last Will and Testament.

 

 

. IDENTIFICATION OF FAMILY

 

We were legally married in the state of .We were legally married in the state of .

 

All references in this Will to "my children" are references to the above-named child and any children born to me or adopted by me after the signing of this Will. All references in this Will to "my children" are references to the above-named child. 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. All references in this Will to "my children" are references to the above-named children.

 

. PAYMENT OF DEBTS AND EXPENSES

 

I direct that my just debts, funeral expenses and expenses of last illness be first paid from my estate.

 

, with the following requests:.

-   that they take possession of and care for all my animals and search for good homes for them

 

-   that until homes are found for my animals, the animals be placed in foster homes rather than in cages at the shelter

 

-   that if it is necessary to keep some of the animals in cages while making arrangements to fend permanent homes, in no event should any animal stay more than a total of 2 weeks in a cage

 

-   that each animal should receive appropriate veterinary care, as needed

 

-   that after attempts have been made for 3 months to place an animal, that , presently residing at , , , be contacted if it is not possible to place an animal so that he can assist with finding a home for the animal

 

-   that the shelter make every effort to assure that none of my animals are ever used for medical research or product testing or painful experimentation under any circumstances

 

-   that, after placement, shelter personnel make follow-up visits to assure that my animals are receiving proper care in their new homes

 

-   that they take possession of and care for all my animals for the remainder of the animals' lives

 

-  

 

  If is in existence at the time of my death and is able to accept my animals, I give to . and

 

. DISPOSITION OF PROPERTY

 

However, such bequests (other than bequests, if any, to my partner) shall be made only if my partner, , does not survive me. However, such bequests (other than bequests, if any, to my children) shall be made only if my children do not survive me. However, such bequests (other than bequests, if any, to my partner or my children) shall be made only if my partner, , and my children do not survive me. However, such bequests (other than bequests, if any, to my partner) shall be made only if my partner, , does not survive me. However, such bequests (other than bequests, if any, to my children) shall be made only if my children do not survive me. If this beneficiary does not survive me, this bequest shall be distributed to .
.distributed to . If this beneficiary does not survive me, this bequest shall be

B. Residuary Estate. I direct that my residuary estate be distributed to my children in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, my residuary estate shall be distributed to my Trustee, to be retained, managed and distributed under the provisions of Article V (Trust for Children)., , . If such beneficiary does not survive me, my residuary estate shall be distributed to , , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

Residuary Estate. I direct that my residuary estate be distributed to my children in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survive me, by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, my residuary estate shall be distributed to my Trustee, to be retained, managed and distributed under the provisions of Article V (Trust for Children)., , . If such beneficiary does not survive me, my residuary estate shall be distributed to , , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

 

    % - my partner, . If my partner does not survive me, this share shall be distributed

 

    % - my Trustee, to be retained, managed and distributed under the provisions of Article V (Trust for Children).

 

    % - my children in equal shares. If a child of mine does not survive me, such deceased child's share shall be distributed in equal shares to the children of such deceased child who survived me by right of representation. If a child of mine does not survive me and has no children who survive me, such deceased child's share shall be distributed in equal shares to my other children, if any, or to their respective children by right of representation. If no child of mine survives me, and if none of my deceased children are survived by children, this share shall be distributed , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

B. Residuary Estate. I direct that my residuary estate be distributed to , , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

Residuary Estate. I direct that my residuary estate be distributed to , , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

B. Residuary Estate. I direct that my residuary estate be distributed to , , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partnermy heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision., relating to the succession of separate property that is not attributable to a predeceased partnermy heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision.

Residuary Estate. I direct that my residuary estate be distributed to , , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partnermy heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision., relating to the succession of separate property that is not attributable to a predeceased partnermy heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision.

B. Residuary Estate. I direct that my residuary estate be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision., , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

Residuary Estate. I direct that my residuary estate be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision., , . If such beneficiary does not survive me, my residuary estate shall be distributed to , relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner

to , , .proportionately to the other distributee(s) listed under this provision.to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision.to , , . proportionately to the other distributee(s) listed under this provision.
, relating to the succession of separate property that is not attributable to a predeceased partner, relating to the succession of separate property that is not attributable to a predeceased partner
to , , .proportionately to the other distributee(s) listed under this provision.my child.my children.any children born to me or adopted by me after the signing of this Will.

    The custodian (whether trustee or guardian) of my children's assets may transfer all or part of the custodial property to a qualified minors trust without court order provided that the trust meets the requirements of Internal Revenue Code section 2503(C).

 

    The shares shall be distributed to my surviving children (and/or surviving descendants, in the case of a deceased child, by right of representation) and this Trust shall then terminate.

 

to the following beneficiaries in the percentages as shown: to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision.to my partner's heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if my partner had died intestate at the time fixed for distribution under this provision.

    % to my heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if I had died intestate at the time fixed for distribution under this provision.

 

    % to my partner's heirs-at-law, their identities and respective shares to be determined under the laws of the State of , then in effect, as if my partner had died intestate at the time fixed for distribution under this provision.

 

    - Percent Total

 

    - Percent Total

 

as the Trustee, If such person or entity does not serve for any reason, I nominate , of , , and , of , , as Co-Trustees (the "Trustee"), If one of the above nominees does not serve for any reason, with bond. without bond. is designated as the successor Trustee and , of , are designated as successor Co-Trustees (the "Trustee")

Accounting. The Trustee shall provide an accounting to the Beneficiary (or Beneficiaries) on at least a(n) basis. If a beneficiary has a "disability", the Trustee shall provide the accounting to a guardian or conservator of the beneficiary, if any.

 

without bond. with bond except that no bond shall be required of any qualified successor corporate Trustee. with bond.

 

. NOMINATION OF

 

I nominate , of , , to be the , and , of , , as Co-s (the ""), with bond. without bond or security. If one of the above nominees does not serve for any reason, the remaining nominee shall serve as sole If one (or both) of the above nominees does not serve for any reason, I nominate , of , , as replacement Co- (or sole ), with bond.without bond or security.

 

I nominate , of , , as the Digital Executor. I nominate , of , , and , of , , as Digital Co-Executors. If such person or entity does not serve for any reason, I nominate , of , , to be the Digital Executor. If such person or entity does not serve for any reason, I nominate , of , , and , of , , as Digital Co-Executors. If one of the above nominees does not serve for any reason, the remaining nominee shall serve as sole Digital Executor. If one (or both) of the above nominees does not serve for any reason, I nominate , of , , as replacement Digital Co-Executor (or sole Digital Executor). I nominate , of , , to serve as the Guardian of my surviving children who are minors at the time of my death. I nominate and , of , , to serve as Co-Guardians of my surviving children who are minors at the time of my death. I nominate , of , , to serve as the Guardian.I nominate and , of , , to serve as Co-Guardians.

 

.

 

Hold Trust Assets as a Single Fund. To hold the assets of the trust, shares, or portions of the trust created by this instrument as a single fund for joint investment and management, without the need for physical segregation, dividing the income proportionately among them. Segregation of the various trust shares need only be made on the books of the Trustee for accounting purposes.

 

Compensation. To receive reasonable compensation for their services under this Will and be exonerated from and to pay all reasonable expenses and charges of the estate and trust.

 

Loans to Beneficiaries. To make loans to any trust beneficiary for the purpose of providing the beneficiary with the funds necessary to take advantage of exceptional business opportunities or to provide for the needs of the beneficiaries and their families.

 

Methods of Distribution. To make payments to or for the benefit of any beneficiary (specifically including any beneficiary under any legal disability) in any of the following ways: (a) directly to the beneficiary; (b) directly for the maintenance, welfare and education of the beneficiary; (c) to the legal or natural guardian of the beneficiary; or (d) to anyone who at the time shall have custody and care of the person of the beneficiary. The or Trustee shall not be obliged to see to the application of the funds so paid, but the receipt of the person to whom the funds were paid shall be full acquittance of the or Trustee.

 

Informal Administration. My 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.

 

Compensation. To receive reasonable compensation for their services under this Will and be exonerated from and to pay all reasonable expenses and charges of the estate and trust.

 

 

. 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.

 

predeceased my partner, and notwithstanding any other provision of this Will, my partner (or my partner's estate as the case may be) shall receive the distribution to which my partner would otherwise be entitled to receive without regard to a survivorship requirement, if any.survived the death of my partner.Executor Personal Representative

 

IN WITNESS WHEREOF, I have subscribed my name below, this _____ day of _____________________, _______.

 

 

 

Testator Signature: ___________________________________

 

 

and in the sight and presence of each other,
and

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

and or an emancipated minor of sound mindof sound mind, have sufficient capacity to make the Will, am and , or an emancipated minor of sound mindof sound mind and memory, has sufficient capacity to make the Will, is

Witness Signature: ________________________________________

 

Name:

City:

State:  

 

 

 

and

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

 

and , and

 

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

and by a witness who is personally known to me or who has produced ________________________________________ (type of identification) as identification, and ,

 

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

and

 

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

and

 

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

 

and and

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

 

Witness Signature: ________________________________________

 

Name:

City:

State:

 

 

Name of Sole Digital Executor: City: State:

 

Name of Co-Digital Executor: City: State:

 

Name of Co-Digital Executor: City: State:

 

should initial on the bottom margin of each page of the Will. This is done to prevent the substitution of pages.

must sign each page of the Will, as required by the Louisiana Civil Code, Article 1577. must sign the pages in the presence of a notary public and at least two competent witnesses.

The Self-Proving Affidavit

 

The self-proving affidavit ("Proof of Will" in some states) is a document which should be signed in front of a notary public and attached to the end of the Will. The affidavit recites that the requisite formalities were observed in signing the Will.

 

Although attaching the affidavit has nothing to do with the legality of the Will itself, it can speed the admission of the Will to probate after the death of the Will writer because it eliminates the need to have a witness appear at the probate proceeding to testify that the formalities in signing the Will were followed. The witnesses may not be available later when they are needed. A self-proved Will may be admitted to probate without additional witnesses or affidavits, but it is still subject to contest on such grounds as undue influence, lack of testamentary capacity, or prior revocation.

 

two three or a notary public and a notary publicIn California, witnesses to a will are not absolutely required to be disinterested, but if they are "interested" (that is, if they receive some property under the Will), there is a rebuttable presumption that the witness received the will's benefit through fraud or other undue influence, unless there are two additional disinterested witnesses. If the interested witness cannot rebut that presumption, they cannot take more than they would have taken if no will had existed at all. Nevertheless, the signature of an interested witness will still count towards satisfying California's requirement that non-handwritten wills have two witnesses.Many states require only two witnesses, but the signature of a third witness provides some protection against the possibility that one of the witness's signatures will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Will. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Will is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Will writer had died without a will. Vermont requires three witnesses. The signature of a third witness provides some protection against the possibility that one of the witness's signatures will be invalid for some reason. For example, a person should not be a witness if that person is a beneficiary under the Will. In most states, if a beneficiary's signature is counted in order to satisfy the minimum number of witnesses, then the Will is not necessarily invalidated, but that "interested witness" may not receive a share of the estate any larger than if the Will writer had died without a will.

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