MAKE YOUR FREE Will for Grandparent with a Grandchildren's Trust

 

LAST WILL AND TESTAMENT

OF

 

 

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

 

 

ARTICLE

IDENTIFICATION OF FAMILY

 

I am married to and all references in this Will to "my spouse" are references to .I am married to and the failure of this Will to provide for any distribution to is intentional.I am not currently married to anyone.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.All references in this Will to "my grandchildren" are references to the above-named child and any grandchildren born to or adopted after the signing of this Will.All references in this Will to "my grandchildren" are references to the above-named grandchild.All references in this Will to "my grandchildren" are references to the above-named grandchildren and any grandchildren born to or adopted by my children after the signing of this Will.All references in this Will to "my grandchildren" are references to the above-named grandchildren.

 

ARTICLE

PAYMENT OF DEBTS AND EXPENSES

 

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

 

 

ARTICLE

DISPOSITION OF PROPERTY

 

Residuary Estate. I direct that my residuary estate be distributed to

 

my child(ren) 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 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 descendants, this share shall be distributed proportionately to the other beneficiaries or class(es) listed under this provision.my Trustee, to be retained, managed, and distributed under the provisions of Article IV (Trust for Grandchildren)., of , . If such beneficiary does not survive me (or is no longer in existence), this share shall 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.my spouse'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 spouse had died intestate at the time fixed for distribution under this provision.the following beneficiaries in the percentages as shown: % to , relating to the succession of separate property that is not attributable to a predeceased spouse % to , relating to the succession of separate property that is not attributable to a predeceased spouse

 

ARTICLE

TRUST FOR GRANDCHILDREN

 

A. Trust Shares. The portion of my residuary estate to be distributed to my Trustee(s) shall be divided into equal shares, one share for each then-living grandchild of mine, and one share for each deceased grandchild of mine who is survived by then-living children (my great-grandchildren), with the share of each deceased grandchild divided equally among such deceased grandchild's children. The amount allocated to each beneficiary shall be held in a separate trust for the benefit of such beneficiary, except that the shares of siblings may, at the option of that Trustee, be held in a single trust, segregated into separate shares for each such beneficiary on the books of the Trustee for accounting purposes.

 

 

ARTICLE

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-s (or sole ), with bond.without bond or security.

 

 

ARTICLE

AND TRUSTEE POWERS

 

My , with respect to my estate, and my Trustee with respect to my trust, 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:

 

. Receive Assets. To receive, hold, maintain, administer, collect, invest and re-invest the estate and trust assets, and collect and apply the income, profits, and principal of the estate and trust in accordance with the terms of this instrument.

 

. Receive Additional Assets. To receive additional assets from other sources, including assets received under the Wills of other persons.

 

. Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate and trust 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 funds, considering the probable income as well as the probable safety of their capital. Within the limitations of that standard, the and Trustee are authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures and other corporate obligations, and stocks, preferred or common, that persons of prudence, discretion and intelligence acquire or retain for their own account, even though not otherwise a legal investment for trust funds under the laws and statutes of the United States or the state under which this instrument is administered.

 

. Retain Assets. To retain any asset, including uninvested cash or original investments, regardless of whether it is of the kind authorized by this instrument for investment and whether it leaves a disproportionately large part of the estate or trust invested in one type of property, for as long as the or Trustee deems advisable.

 

. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease or convey real or personal property, publicly or privately, upon such terms and conditions as may appear to be proper, and to execute all instruments necessary to effect such authority.

 

. Settle Claims. To compromise, settle, or abandon claims in favor of or against the estate or trust.

 

. Manage Property. To manage real estate and personal property, borrow money, exercise options, buy insurance, and register securities as may appear to be proper.

 

. Allocate Between Principal and Income. To make allocations of charges and credits as between principal and income as in the sole discretion of the or Trustee may appear to be proper.

 

. Employ Professional Assistance. To employ and compensate counsel and other persons deemed necessary for proper administration and to delegate authority when such delegation is advantageous to the estate or trust.

 

. Distribute Property. To make division or distribution in money or kind, or partly in either including disproportionate in-kind distributions, at values to be determined by the or Trustee, and the judgment of either in such respect shall be binding upon all interested parties.

 

. Enter Contracts. To bind the estate or trust by contracts or agreements without assuming individual liability for such contracts.

 

. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any plans for reorganization, and exercise any other rights incident to the ownership of any stocks, bonds or other properties of the estate or trust.

 

. Duration of Powers. To continue to exercise the powers provided in this Article notwithstanding the termination of the trust until all the assets of the trust have been distributed.

 

 

ARTICLE

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", "children", "grandchild" and "grandchildren", 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 the death of my spouse, and notwithstanding any other provision of this Will, my spouse (or my spouse's estate as the case may be) shall receive the distribution to which my spouse would otherwise be entitled to receive without regard to a survivorship requirement, if any.survived the death of my spouse.

 

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

 

 

 

Testator Signature:	___________________________________

 

 

We, the undersigned, hereby certify that the above instrument, which consists of _____ pages, including the page(s) which contain the witness signatures, was signed in our sight and presence by (the "Testator"), who declared this instrument to be his/her Last Will and Testament and we, at the Testator's request and in the Testator's sight and presence, and in the sight and presence of each other, do hereby subscribe our names as witnesses on the date shown above.

 

 

 

Witness Signature:	___________________________________

Name:

City:

State:

 

 

 

Witness Signature:	___________________________________

Name:

City:

State: