brown and green

Tuesday, November 9, 2010

Finances

I was going to post about water this week, and do finances next week but this has been on my mind because of Christmas shopping and recent conversations I have had with family members and friends.
Here are some scriptures I think are pertinent: 1 Tim 5:8 , Mormon 8:36-41 , Malachi 3:8-11 


The world is currently in financial upheaval and while it might level out, it will probably never fully recover for most. Based on scriptures and prophecies it is likely that even greater financial crises lie ahead. However there are still ways to cope, and prepare for those additional challenges that are sure to come soon. For those fortunate enough to be in a good financial position, make sure you prepare adequately for the loss of that income. The Church has printed booklets entitled All is Safely Gathered In: Family Finances, and One for the Money: Guide to Family Finances to help members with financial preparedness. Here are some basic tips:
Ø  First and foremost PAY YOUR TITHING. Gospel Principles states "The Lord promises to bless us as we faithfully pay our tithes and offerings."  There is perhaps no better financial security than paying an honest full tithe and to be generous in your other offerings. Many people struggle with this, but the reality is that you can't afford to not pay your tithing.
Ø  Make and live by a budget. Learn to live on 80% of your income, with 10% going to tithing, and 10% going into savings each month (or if you are in debt, put that 10% toward paying off your debts). Here is a simple budget from http://www.providentliving.org/. Budget
Ø  -Learn self-discipline and self-restraint in money matters. Avoid unnecessary debt, and eliminate any debt you do have as quickly as possible.  
Ø  -Teach children and family members the importance of working and earning. By the sweat of thy face shalt thou eat bread is not outdated counsel; it is basic to personal welfare. Learn to work together as individuals for the good of the whole family.
Ø  -Make education a continuing process. Complete as much formal, full-time education as possible, including trade schools and apprentice programs. In addition, learn about bartering and consider investing in barter items and tools that you would need to do work to trade with. Learn skills that would allow you to be self-reliant, for example fixing your own car and making your own clothes. Improve these skills and have the equipment to help others. Learn to garden and preserve the food you grow. This could not only save your family a lot of money but you could earn money by selling your produce to others.
Ø  -Get your insurance and legal affairs in order. With ever-increasing medical costs, a good health insurance and long term disability plan should be a part of your financial stability and emergency plan. Will and Trust documents are commonly confused due to their similar-sounding names. While all three are vital estate planning tools, each one serves a distinct purpose. Here are some of their key differences:
·         A Last Will is used to distribute property to beneficiaries, specify last wishes, and name guardians for minor children. It is an important part of any estate plan. Without one, the courts will make these critical decisions for you.
·         A Living Trust is used to transfer property to beneficiaries. Unlike a last will, a living trust is not subject to probate court, which can take years and cost thousands of dollars in court fees. Consult with a lawyer to draw up a will or a living trust.
·         A Living Will (Advance Directive) lets you outline important healthcare decisions in advance, such as whether or not to remain on artificial life support. You have the right to control your health care. When you need care, if you are awake and able to decide, your doctor will discuss possible treatments with you. If you are unconscious, however, a Living Will or Advance Directive will make your wishes known concerning the extent of treatment you would like under a variety of circumstances. Advance health care directives or advance directives are instructions given by an individual specifying what should be done for his or her health in case he or she is no longer able to make decisions. A living will is one type of advance directive. It is often accompanied by a specific type of power of attorney or health care proxy. These are legal instruments that are usually witnessed or notarized.
If you don't have funds for a lawyer, complete the documents included at the end of this post and simply have it notarized. (Most banks will do this for free if you have an account, just call ahead for an appointment.) Although regulations vary from state to state these are a good place to start. Keep other important documents at home in a fireproof/waterproof safe. Make copies of them and keep those stored somewhere else like with a relative or in a safe deposit box. 
Understand the influence of external forces on family finances and investments. Inflation continues to offset a major portion of average wage increases. History shows us that hyperinflation and financial depression are not far behind the current trends of our economy. Keep some cash on hand ($120 in small bills and coins is a good start) in case banks collapse and debit/credit cards are suddenly useless. Beyond the emergency liquid savings, families should plan for and utilize a wise investment program preparing for financial security, possible disability, and retirement. Avoid all proposals for high-risk investments and get-rich-quick schemes. Be as healthy as possible in your lifestyle (eating habits and exercise) to avoid medical costs. Oh and take care of your teeth. 

 These documents were compiled by the grandfather of a friend of ours who lives in Utah. My brother-in-law who is an attorney said that laws vary so widely from state to state that these might not be considered binding in court, but that it is better than nothing and even a good place to start. Also, be sure to change the wording of the Last Will and Testament if you don't agree with what it says to do! =o]

CERTIFICATE OF TRUST


1.            TRUST INFORMATION.

                The Trust Name is:                          The                        and                        Family Trust

                The Trust Address is:                     

                The Grantors are:                           


                The date of the Trust is:               

2.            TRUSTEES.

                As of the date of this certification, the Trustees listed below are and continue to be all of the Trustees of the Trust.

                Name of Trustee:                           
                Name of Trustee:                           

3.            CERTIFICATION.

                The Trustees certify that they have the power, under the Trust Agreement and applicable law, to enter into transactions for the benefit of the Trust. The Trustees further certify that they may execute any documents on behalf of the Trust which may be required. If there is more than one Trustee, any one of the Trustees is empowered to act on behalf of the Trust.

                The Trustees represent, warrant, and certify that the representations made in this Certification are true, complete and accurate, that the Trust is in full force and effect, and that the Trust Agreement had not been amended, modified or revoked in any manner which would cause the representations contained in this Certification to be inaccurate or incorrect.

                The Trustees hereby jointly and severely indemnify you from, and hold you harmless against, any claims, judgments, or other liabilities or costs arising out of or related to any actual or alleged improper or unsuitable actions taken at the Trustees’ instructions.
               
                IN WITNESS WHEREOF, the undersigned Trustees have duly executed this Certificate of Trust on _________________



                                                                                                ____________________________________
                                                                                (Name)



                                                                                                ____________________________________
                                                                                (Name)


                On_____________, personally appeared before me (notary)___________________________ and __________________________, who declared that they executed the foregoing Certificate of Trust for the purposes set out therein, and that they executed the same freely and voluntarily. Witness my hand and official seal.




                                                                                                ____________________________________
                                                                                                NOTARY PUBLIC




THE __________ AND___________ FAMILY TRUST



                THIS TRUST AGREEMENT, is made and entered into this ________________by and between _________________and _________________, husband and wife, as Trustors (Grantors and settlors) and as Trustees. This is a revocable living trust.

                ARTICLE 1.  PROPERTY.  The trustors hereby assign, transfer and deliver to the Trustees the property set forth in the attached Schedules of Property, which are incorporated herein by reference, to be held in trust, administered, and disposed of as set forth in the Trust Agreement. If this Trust Agreement is revoked, this property shall be returned to the Trustors in the same nature and character as it was upon transfer to the Trustees.

                ARTICLE 2.  ADDITIONAL PROPERTY.  The Trustors reserve to themselves and grant to any other person the right to deposit with the Trustees or make payable to the Trustees, any insurance policies and proceeds, and also to assign, transfer, convey, devise, bequeath, and deliver to the Trustees any other real or personal property to be held, administered, and disposed of as set forth in this Trust Agreement.

                ARTICLE 3.  AMENDMENT AND REVOCATION.  The Trustors reserve and shall have the exclusive right at any time during their lifetime, by written instrument signed by the Trustors and delivered to the Trustees, to amend or revoke this Trust Agreement, in whole or in part, without the consent of the Trustees or any Beneficiary, provided that the duties, powers, and liabilities of the Trustees shall not be changed without their consent. After the death of a Trustor, this Trust Agreement cannot be amended or revoked, and no part of the income or principal of the Trust Estate may be transferred, pledged or otherwise alienated by any Beneficiary, or become subject to the debts of any Beneficiary, except that the surviving Trustor may amend or revoke this Trust Agreement as is relates to the “Survivor’s Trust” by written instrument, signed by the surviving Trustor and delivered to the Trustee.

                ARTICLE 4.  PAYMENTS.  During their lifetime, the Trustors assume all duty and responsibility for the payments of premiums, assessments, and other charges in relation to the Trust Estate. During the lifetimes of the Trustors, the Trustees shall collect the income, if any, for the Trust Estate and, after paying therefrom all the taxes, commissions, and any other expenses incurred with respect to the conservation, maintenance, and administration of the Trust Estate, the Trustees shall pay to the Trustors so much of the income and principal of the Trust Estate as either or both Trustors in their sole discretion may request.

                ARTICLE 5.  CONVEYANCE TO TRUST BY WILL.  The Trustors may upon death convey by Will or otherwise, real or personal property to the Trustees hereunder to be held and administered as a part of this Trust Agreement subject to the terms and conditions and for the uses set forth in this Trust Agreement.
ARTICLE 6.  SEPARATE TRUSTS.  Upon the death of either Trustor, any property directed to be disposed of pursuant to the provisions of this Article may be divided into two shares, herein designated as “Share A: Survivor’s Trust” and “Share B: Decedent’s Trust”, which shall be constituted in the discretion of the surviving Trustor or Trustee, either in two equal, nearly equal, or unequal shares, as follows:

Administration of Undisclaimed Property Held as Survivor’s Trust: 
The Trustee shall continue to hold the Trust, to the extent it is not disclaimed by the surviving Trustor, as a separate Trust, referred to as the Survivor’s Trust, which shall be held, administered and distributed for the benefit of the surviving Trustor, during his lifetime, as follows:

(1)          Survivor’s Trust Net Income – Surviving Trustor’s Right to Require Distribution:   The surviving Trustor shall have the right to require distribution of all the net income of the Survivor’s Trust to himself. In any year for which the surviving Trustor does not exercise this right, the Trustee shall pay to or for the Trust as the Trustee deems necessary or advisable, taking into consideration the surviving Trustor’s standard of living and other income and assets available to him from other sources. Income not so distributed in any calendar year shall be accumulated and added to principal.

(2)          Survivor’s Trust Principle – Discretionary Distributions:   The Trustee shall pay to or for the benefit of the surviving Trustor as much of the Survivor’s Trust principal as the Trustee deems necessary or advisable for the surviving Trustor’s comfortable support, care and general welfare. In exercising his discretion, the Trustee may take into account other means of support known to the Trustee and reasonably available for these purposes.

(3)          Survivor’s Trust Principle – Surviving Trustor’s Right to Withdraw:   In addition to any other distributions, the Trustee shall distribute to the surviving Trustor as much of the Survivor’s Trust principle as the surviving Trustor may from time to time request in writing.

B.            Disclaimer of interest in Survivor’s Trust – Creation of Decedent’s Trust:   The surviving Trustor or his Personal Representative or other legal representative shall have the right to disclaim all or any part of the surviving Trustor’s interest in the deceased Trustor’s property held in the Survivor’s Trust. The Trustee shall transfer any interest so disclaimed, including any income attributable to that interest which has accrued since the death of the deceased Trustor, into a separate Trust created for that purpose, which shall be referred to as the Decedent’s Trust. The Trustors intend that any disclaimer made pursuant to this section shall qualify as a disclaimer for United State estate tax purposes, pursuant to Section 2518 of the Internal Revenue Code it may hereafter be amended or revised (the “Code”).

                Before Disclaimer Election – No Distributions to Surviving Trustor: 
Before the surviving Trustor’s election to disclaim or not disclaim his interest in the Survivor’s Trust, The Trustee shall make no distributions to the surviving Trustor of income or principle attributable to the deceased Trustor’s property or interest in property.   Notwithstanding the foregoing, under no circumstances shall the Trustee withhold distributions of income or principle longer than the period in which qualified disclaimer can be made, or longer than is allowed to qualify the property for the marital deduction in the estate of the deceased Trustor pursuant to Section 2056 of the Code.   Any income or principle withheld pursuant to this Article and not effectively disclaimed by the surviving Trustor shall be distributed pursuant to the provisions of this Trust Agreement immediately upon the lapse of either of the aforementioned time periods or the earlier election to exercise the disclaimer set forth in this Article.   This Article shall not limit or affect the surviving Trustor’s rights to distributions of income or principle attributable to the surviving Trustor’s property, including his interest in commonly held property.

ARTICLE 7.  TRUST SHARE A.  The Trustee shall hold Share A, (referred to as “Survivor’s Trust”) during the life of the surviving Trustor for the following purposes:
               
To pay the income to the surviving Trustor in convenient installments.

To pay to the surviving Trustor at any time such principle as the Trustee may, in his sole discretion, determine to be reasonably necessary to permit the surviving Trustor to maintain his usual and normal standard of living or meet the costs of any illness or accident which may affect him.

To pay any principle remaining at the surviving Trustor’s death to such persons, in such proportions, and on such terms and conditions as provided in this Trust Agreement.

If the surviving Trustor fails to name a Beneficiary, then to pay the principle remaining on his death to the then living issue of each Trustor by right of representative.

            ARTICLE 8.  TRUST SHARE B.  The Trustee shall hold Share B, (referred to as “Decedent’s Trust”) during the life of the surviving Trustor for the following purposes:

A.        In the discretion of the Trustee, to pay any or all of the income to, or
accumulate any or all of the income for the benefit of, the surviving Trustor  and/or his issue, for that person’s health, education, support, and general welfare, or add any or all of the income to the principle of the Trust Estate.
B.            To pay the surviving Trustor and/or his issue any or all of the principle as the Trustee may, in his discretion, determine to be reasonably necessary to permit the person to whom the distribution is made to maintain his usual and normal standard of living, or to meet the costs of any illness or accident which may affect such person; except that no amount shall be paid to the surviving Trustor or his issue from the principal of Share B until the principle of Share A, disposed of pursuant to Article 7, has been completely exhausted.

      To pay the principle, if any, remaining at the death of the surviving  
Trustor, to the Trustor’s named Beneficiaries, or to the then living issue of each Trustor by right of representation.

                ARTICLE 9.  BENEFICIAL INTERESTS.   All property held under this Trust Agreement is held for the use and benefit of the Trustors during their lifetime and their Beneficiaries:
                                Beneficiaries-
                                1.
                                2.
                                3.
                                4.
                               

Upon the death of _____________________, the Trust Estate shall be allocated for the benefit of___________________. Upon the death of________________, the Trust Estate shall be allocated for the benefit of __________________________

Upon the death of both __________________and ________________, the Trust Estate shall be distributed equally among the Trustors’ (Beneficiaries/Children) identified as: (List Beneficiaries/Children), subject to the provisions set forth below. The resulting trusts created by the distributions provided for herein shall be referred to as the “(Beneficiaries’/Children’s) Trusts”.

Any new or additional advances made to any Beneficiary from the Trust Estate shall either be repaid prior to distribution to the (Number (#) Beneficiaries/Children) described herein, or deducted from the Beneficiary’s share of the Trust allocation.

If any of the (Number (#) Beneficiaries/Children) named above do not survive the Trustors and leave issue, said issue shall take by right of representation the share of any deceased (Beneficiary/Child).


ARTICLE 10.  RIGHT TO ENCUMBER.  The Trustor reserves the power and right to place a mortgage or other lien upon the trust property, and to collect any rental, interest, dividend, royalty or other income which ay accrue from Trust property.

ARTICLE 11.  TAXES.  The Trust Estate shall be liable for all income, estate and inheritance taxes levied upon or in respect to the Trust Estate or the distributive shares thereof, and the Trustees are hereby authorized and directed to reimburse the Personal Representative named in the Wills of the Trustors for any such taxes paid by the Personal Representative.

ARTICLE 12.  BINDING EFFECT.  This Trust Agreement shall extend to and be binding upon the heirs, executors, representatives, administrators and assignees of the Trustors and upon any successors to the Trustees.

ARTICLE 13.  SPENDTHRIFT PROVISION.  The interest of any Beneficiary under this Trust Agreement, to the extent permitted by law, shall be held and possessed by the Trustees in trust upon the condition that it may be paid over by the Trustees to each Beneficiary only as provided for in this Trust Agreement, and that the same shall not be subject to a Beneficiary’s contracts, debts or liabilities, torts or creditor claims, or to alienation, pledge, assignment, sale, or transfer by any Beneficiary.

ARTICLE 14.  RULE AGAINST PERPETUITIES.  No trust created hereby, shall continue for more than twenty-one (21) years after the death of the last to die of the Trustors and the Beneficiaries alive at the death of the Trustors.   Any property still held in trust at the expiration of that period shall immediately be distributed to the persons entitled to receive or have the benefit of the income therefrom, in the proportions in which they are entitled thereto, or if their interests are indefinite, then in equal share.

ARTICLE 15.  TRUSTEES.  The above named Trustors shall serve as Co-Trustees hereunder until the death, disability, legal incapacity, or resignation of either of them. In the event that either Trustor shall cease to serve for any reason, the remaining Trustor shall serve as sole Trustee and he shall have the power and authority provided in this Trust Agreement. Should the remaining Trustor be unable to serve due to death, disability, legal incapacity or resignation, then in that event (Name Trustee) and (Name Trustee) shall become Co-Successor Trustees.   Should either of them be unable or unwilling to serve for any reason, then a majority of the adult Beneficiaries shall appoint by a writing within thirty (30) days, another Co-Successor Trustee.

ARTICLE 16.  TRUSTEE’S POWERS.  In addition to any powers granted by law or otherwise, and not in limitation of such powers, but subject to any rights and powers which may be reserved expressly by the Trustors in this Trust Agreement, the Trustees hereunder are authorized and empowered to exercise the following powers in their sole and absolute discretion:

                To hold and retain any or all such property received from the Trustors, or    
from any other source, for such time as the Trustees shall deem best, and to dispose of such property by gift, sale, exchange or otherwise, as and when the Trustees shall deem advisable.

B.            To operate, repair, alter, improve, insure, grant options upon, mortgage, hypothecate, partition, or lease for any period of time any real property or interest in real property which at any time forms part of any trust created therein.
C.            To borrow money for any purpose and to pledge, hypothecate or mortgage property as security for money borrowed.

To lend money or other property to any person or entity.

To make any distribution hereunder in kind or in cash.

To keep property of the Trust in any convenient place of safekeeping.

To maintain bank, brokerage, custodian and other accounts in the name of the Trust or in the name of the Trustees, and to place the assets of the Trust therein, and to pay the cost of maintaining such accounts.

To delegate any non-discretionary power, including but not limited to, the power to: sign checks, make withdrawals, give instructions for the payment or receipt of money, give instructions for the delivery or receipt of property, and have access to any safe deposit box or other place where property of the Trust is deposited or kept.

To engage and compensate accountants, attorneys, brokers, custodians, and other agents and advisors, and to delegate to such persons any discretion deemed proper.

To do or perform any act as it relates to the Trust Estate nor otherwise prohibited by law.

ARTICLE 17.  DETERMINATION OF INCAPACITY.  If the original
Trustees cannot administer the Trust because of physical of mental incapacity, or otherwise cannot act, during any period of incapacity the Successor Trustees shall act as Trustees, having all rights and powers granted to the Trustees by this Trust Agreement. Physical or mental incapacity shall be conclusively established if two doctors, authorized to practice medicine in the Trustors’ current State of residence, issue written certificates to that effect. In the absence of these certificates, the Beneficiaries may petition the court having jurisdiction over this Trust to remove the Trustees and replace them with the Successor Trustees. In the event that it is determined that the original Trustees have recovered from any incapacity as established by this Article, and in the same manner as set forth herein, then the Successor Trustees shall return the trusteeship to the original Trustees at that time.

                ARTICLE 18.  TRUSTEE’S LIABILITY.  No Trustee shall be required to furnish any bond, or other security for the faithful discharge of his duties as Trustee, nor shall any Trustee be required to file any account of his proceedings in any court. No Trustee shall be responsible or liable for the manner in which any discretion is exercised pursuant hereto, or for any misinterpretation of this Trust Agreement, or for any act or omission, unless his conduct amounts to fraud or willful misconduct. The Successor Trustees shall render an account of Trust receipts and disbursements at least annually to each adult income Beneficiary.

                ARTICLE 19.  TRUTEE’S COMPENSATION.  The Trustees shall be reimbursed for all reasonable expenses incurred in the management and protection of the Trust and shall receive fair compensation for services as Trustees.

                ARTICLE 20.  SPECIFIC DISTRIBUTIONS.  From time to time, either Trustor may set forth his desires in writing with respect to the disposition of items of tangible personal property, and such items of personal property shall be distributed according to the Trustor’s desires.  The written instructions shall be considered as a part of this Trust Agreement if signed by the Trustor, dated and kept with or near this Trust Agreement.

                ARTICLE 21.  NO CONTEST STATEMENT.  The Trustors declare that they have carefully considered the distributions that have been directed in this Trust Agreement and acknowledge that they have taken into consideration all individuals, both relatives and non-relatives, that have been named as Beneficiaries, or who the Trustors have determined are not to be Beneficiaries under this Trust Agreement.   If someone is not included as a Beneficiary it is not due to mistake, neglect or inadvertence, but is intentional. In the event that any person shall contest any aspect of this Trust Agreement, or attempt to set aside, nullify, or void the Trust or the distributions of the Trust Estate in any way, then the Trustors direct that the rights of such person shall be ascertained as they would have been determined had that person died prior to the execution of this Trust Agreement without issue.

                ARTICLE 22.  LANGUAGE.  The words “Trustee” and “Trustees” apply to and include not only the Trustees named herein, but also any successor Trustees.  The word “discretion” means “sole, exclusive and unrestricted power to decide”. Unless the context requires, the words used in any gender shall be deemed to include the other genders, and the use of the singular and plural shall be interchangeable.

                ARTICLE 23.  GOVERNING LAW.  This Trust Agreement shall be governed and construed at all times according to the laws of the State of Utah.

                ARTICLE 24.  SAVINGS CLAUSE.  If a court of competent jurisdiction shall at any time invalidate any of the separate provisions of this Trust Agreement, such invalidation shall not invalidate the whole Trust Agreement, but only that separate provision.  All of the remaining provisions shall be undisturbed as to their legal force and effect.

IN WITNESS WHEREOF, the parties hereto have duly executed this Trust Agreement on the______________________.



                                                                                                TRUSTORS AND TRUSTEES

                                                                               
                                                                                                ____________________________________
                                                                                Name


                                                                                                ____________________________________
                                                                                Name                                   



STATE OF ________       )
                                                :ss.
COUNTY OF        _____  )


                On this ______________ personally appeared before me ____________________and____________________who declared that they executed the foregoing Trust Agreement for the purposes set out therein, and that they executed the same freely and voluntarily. Witness my hand and official seal.



                                                                                                ____________________________________
                                                                                                NOTARY PUBLIC


 

LAST WILL AND TESTAMENT
OF
______________________


                I, _________________________, a resident of ________County, State of________, being of sound mind and not acting under duress or the undue influence of any person, declare this to be my Last Will and Testament and revoke all prior wills and codicils.

                FIRST:   I hereby declare that I am married, that my spouse’s name is__________________, and that we have the following children: (LIST CHILDREN).

                SECOND:   I appoint_________________, as my Personal Representative. If she is unwilling or unable to serve, I appoint (LIST REPRESENTATIVES) as my Co-Personal Representatives. If either of them is unwilling or unable to serve for any reason, a majority of the adult beneficiaries shall appoint by a writing within thirty (30) days, another Co-Personal Representative. My Personal Representative shall be permitted to serve without bond, security, or compensation, and to the maximum amount possible without court supervision or control.

                THIRD:   I confer upon my Personal Representative the authority to perform any act which my Personal Representative determines to be in the best interest of my estate, consistent with the laws of my state of residency. My Personal Representative may rent, sell or otherwise dispose of any property belonging to my estate without obtaining an order of the court. I directfuneral, and the administration of my estate; and any required taxes as soon as possible and proper. My Personal Representative shall coordinate all activities with the Trustees of my Trust.

                FOURTH:   I give all of the residue of my property of every kind, character and description, real and personal, to the Trustees under a Trust Agreement dated________________, titled_______________________________, to be added to and commingled with the trust property of that Trust and held, administered and distributed as if it had been a part thereof immediately before my death. It is specifically my intention not to subject the above named Trust to the jurisdiction of the probate court.

                FIFTH:   I plan to give certain items of personal property to certain persons, which items and persons and any specific instructions will be identified by a list to be prepared, signed and kept by me. I direct my Personal Representative to follow my instructions and to distribute those items according to that list.

                SIXTH:   If any beneficiary under this Will, of the Trust mentioned herein, contests or attacks this Will or any of its provisions, any share or interest in my estate given to the contesting beneficiary under this Will is revoked and shall be disposed of in the same manner as if that contesting beneficiary had predeceased me.

                SEVENTH:   If any beneficiary and I should die under such circumstances as would render it doubtful whether the beneficiary or I died first, then it shall be conclusively presumed for the purposes of this Will that said beneficiary predeceased me, provided, however, that if my spouse shall die with me as aforesaid, I direct that my spouse shall be conclusively presumed to have survived me.

                IN WITNESS WHEREOF, I, ______________________________, the testator, sign my name to this instrument this______________________, and being first and duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last Will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in it, and that I am 18 years of age or older, of sound mind, and under no constraint or undue influence.


                                                                                                ____________________________________
                                                                                Name


                We, the undersigned witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as the testator’s last Will and that the testator signs it willingly, and that each of us, in the presence and hearing of the testator and each other, hereby signs this Will as witness to the testator’s signing, and that to the best of our knowledge the testator is 18 years of age or older, of sound mind, and under no constraint or undue influence.


____________________________________
                                                                                                WITNESS


____________________________________
                                                                                                WITNESS
STATE OF _______         )
                                                :ss.
COUNTY OF_______)                   
               
Subscribed, sworn to and acknowledged before me by ________________, the testator, and subscribed and sworn to before me by ____________________ and _____________________, witness,_____________________.


                                                                                               
____________________________________
                                                                                                NOTARY PUBLIC


this is so important so don't delay! things might get really bad soon, and we need to be prepared! don't freak out just take action (at least that is what i tell myself =o] ) Happy Fall!!

1 comment:

  1. awesome. we have savings, and we are working on a few other things. thanks for the ideas

    ReplyDelete