Outline terms for guardianship and assets: Will for Parents of Minor Children
What is a Will for Parents of Minor Children?
A Will for Parents of Minor Children is a legal document that outlines who will take custody of your underage children if both you and your partner pass away. In addition to covering typical elements like the distribution of your personal assets, this type of Will also allows you to name a guardian for your children.
Our Will for Parents of Minor Children template – alongside an easy interview process – allows you to state your intentions for your estate after your death, including who will receive your property, who will carry out your wishes, and who will take care of your children.
This is useful for single or married individuals with minor children — or those planning to have children in the future. When looking to make a Will for Parents of Minor Children, Rocket Lawyer makes it easy. Sign up and get started on your document right away.
When to use a Will for Parents of Minor Children:
- You want to control how your property, including digital assets, will be passed along after your death.
- You want to name the people or organizations that will receive your property after your death and who will be responsible for making sure your Will is followed.
- You want to designate who will have the responsibility for the minor children if the other parent is unable to serve as the natural guardian.
Note: If you expect the value of your estate to exceed federal estate tax exemption amount, this document is best used as a reference tool. A lawyer should be consulted for more complex estate planning
Sample Will for Parents of Minor Children
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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.
ARTICLE
IDENTIFICATION OF FAMILY
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.
. 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
ARTICLE
DISPOSITION OF PROPERTY
% - my spouse, . If my spouse does not survive me, this share shall be distributed
% - my Trustee, to be retained, managed and distributed under the provisions of Article (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 spouse, relating to the succession of separate property that is not attributable to a predeceased spouse
. my spouse, . If my spouse 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 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:. 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 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 spousemy Trustee, to be retained, managed and distributed under the provisions of Article (Trust for Children).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 spousethe following beneficiaries in the percentages as shown:. , , . 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 spousemy 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 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. the following beneficiaries in the percentages as shown: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 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.
% 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 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.
- 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.
ARTICLE
NOMINATION OF
I nominate , of , , Dependent Independent to serve as , and , of , , as Co-s (the ""), to serve with bond. to serve without bond, surety, or other 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 ), to serve with bond. to serve without bond, surety, or other security.
ARTICLE
Independent shall have all powers and authority granted by law or necessary or appropriate for proper administration. 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:
. 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.
. Independent 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.
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" 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 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.Executor Personal Representative
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.
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STATE OF
COUNTY OF
DISTRICT OF COLUMBIA
and
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Name of Sole Digital Executor: City: State:
Name of Co-Digital Executor: City: State:
Name of Co-Digital Executor: City: State:
and the signatures must be notarizedthree two and a notary public. . In California, witnesses to a will are not required to be disinterested, but if they are "interested", 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 can not rebut that presumption, they can not take more than they would have taken if no will had existed at all, if anything. The signature of an interested witness will 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' 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' signature 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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