Fill and Sign the Alaska Legal Last Will and Testament Form for Single Person with No Children

- 1 - ALASKA WILL INSTRUCTIONS Single with No Children U.S. Legal Forms, Inc. http://www.uslegalforms.com 1. This will is designed to allow you to complete it on your computer. To do so, use your mouse and click on each field highlighted in gray. This will replace the gray with the words you type. Example: _____________________________[1] will become JOHN DOE. If you ordered and received this Will in hard copy, you may also use these instructions to complete the will, leaving the reference numbers, and placing the names, etc you desire next to the field numbers. 2. The Will contains Articles which cover vari ous matters. The information below is designed to assist you in completing the fields contained in the articles of the Will. Field [1] - Your name. Field [2] - Your name Field [3] - Your County of Residence. ARTICLE THREE This article is for you to specify specific property to go to a specific person. If you do not leave any, type none. You may also delete the tables by clicking inside the table and then selecting Table, delete table. You do not have to leave specific property to specifi c persons. Field [4] - Type name. Field [5] - Type street address. Field [6] - Additional Address line. Field [7] - City, State, Zip. Field [8] - Relationship. Field [9] - Describe the property to go to this person. Field [10] - Type name. Field [11] - Type street address. Field [12] - Additional Address line. Field [13] - City, State, Zip. Field [14] - Relationship. Field [15] - Describe the property Field [16] - Type name. Field [17] - Type street address. Field [18] - Add itional Address line. Field [19] - City, State, Zip. - 2 - Field [20] - Relationship. Field [21] - Describe the property ARTICLE FOUR This article is for you to leave your homestead, if you have one on the date of death to person designated. You should c omplete this even if you do not own a home now. It will only apply if you own one on your date of death. Field [22] - Type name of person(s) to receive homestead. You may specify one or more persons. Example: John Doe and Sally Doe. If you name more t han one person, you may designate them to receive the property “per stirpes” or only to the “survivor”. If you designate them to receive the property “per stirpes, then, if one of the named persons dies before you do, his or her heirs will receive the dec eased persons share. If you designate the named persons to receive the property as “survivor” then if two persons are named, but one dies before you do, the surviving person will receive the property. Examples: “John Doe and Sally Doe, per stirpes” or “Jo hn Doe and Sally Doe, or the survivor” If you only name one person and that person dies before you do, the property will pass under the residuary clause of your Will. NOTE: If your home is jointly owned with another and held as joint tenants with rights of survivorship, the home will pass to the survivor and will not be controlled by your will. If this is the case, name the joint tenant in field 22. ARTICLE FIVE This article is for you to leave all the rest and remainder of your property except your homestead and any special items you listed in Article Three. Field [23] - Type the name(s) of person(s) to receive all other property. Fields [24] -[26] - Omitted Yo u may name one or more persons under this article. If you name more than one person see per stirpes and survivor explanations under article four above. Check the appropriate box under this article. To do so, double click on the box and then select “checke d”. ARTICLE SIX This article is for you to name your personal representative. This must be an adult and can be a relative. Field [27] - Type name of Personal Representative. - 3 - Field [28] - Type name of successor Personal Representative. ARTICLE TEN All parts of Article 10 are optional. Complete as desired. Be sure to write your initials next to any of these items you desire to apply. Field [29] - Type name of Cemetery. Field [30] - Type County. Field [31] - Type State. ENDING AND SIGNATURE Field [32] - Your name. Field [33] - Your name. Field [34] - Your name. Field [35] - Your name. Field [36] - Your name. Field [37] - Your name. Field [38] - Your name. All other blanks in the Will are typically completed b y hand, such as the names of the witnesses, day, month and year executed, etc. Once you have completed the Will, double check all entries and then print. The Will should be signed by you in front of two witnesses who are not related to you. Please sign all pages of the Will in the places designated. The self -proving affidavit is used to prove the Will and make the Will subject to probate. If the affidavit is not completed now, someone will have to locate the witnesses after your death and obtain an af fidavit. Therefore, it is best to sign the Will in the present of two witnesses AND a notary public so that the affidavit can be completed by the Notary. You should keep your Will in a safe place once executed. It is also recommended that you give a cop y of your Will to your executor or other person as additional proof of execution. - 4 - ADDITIONAL INFORMATION ABOUT YOUR WILL FORM This section will briefly explain some of the articles of your will and provide other information. Article s of the Will which are basically self explanatory are not discussed here. In addition, information which is already provided in the instructions above is not repeated. First Paragraph: The first paragraph of the Will, provides your name, residence info rmation and provides that all prior Wills, if any, are revoked since you have now made a new Will. Article Three: Some people have specific property that they desire to leave to a specific person, such as a ring or antique. This Article is for you to lea ve such property. You do not have to name specific property and may simply state none if no property is to be left under this Article. Article Six: This Article is for you to name a personal representative, also called executor or executrix. The person named should be an adult. Article Seven: If not waived, some Courts will require your Personal Representative post a bond, and file an inventory, accounting and/or appraisal. All can be costly and time consuming. This Article states your intention that your Personal Representative not be required to post a bond or file an inventory or accounting. Article Eight: This Article sets forth powers of your Personal Representative and is designed to give broad powers without the requirement that Court approval be sought for action by the Representative to the extent permitted by the laws of your State. Article Nine: This article sets forth some legal construction intentions to clarify some of the issues which may arise. - 5 - BASIC INFORMATION What is a Will? A Will is a document which provides who is to receive your property at death, who will administer your estate, the appointment of trustees and guardians, if applicable, and other provisions. Who may make a Will? Generally, any person 18 years or older of sound mind may make a Will. (Some states allow persons under 18 to make a Will) What happens if I die without a Will? If you die without a will you are an intestate. In such a case, state laws govern who receives your property. These laws are called " intestate succession laws". If you die without a Will, the Court decides who will administer your estate. Generally, it is more expensive to administer an estate of a person who died without a Will, than a person who dies with a Will. General When maki ng a Will you need to consider who will be named as your personal representative or executor to administer your estate, who you will name as guardian and trustee of minor children if your spouse does not survive you and who will receive your property. You should also consider tax issues. The person appointed as executor or administrator is often your spouse, but you should also name an alternate, in case your spouse predeceases you. The person you name should be a person you can trust and who will get alon g with the beneficiaries named in the Will. In the event your spouse predeceases you, the guardian you name will have actual custody of your minor children unless a court appoints someone else. The trustee you appoint to administer a trust you establish ed will be in charge of the assets of the trust for the benefit of the minor beneficiaries. Generally, a Will must be signed in the presence of at least two witnesses (three for Vermont) who also sign the Will. A notary public will also need to sign if the Will contains a self -proving affidavit. Generally, a self -proving affidavit allows the Will to be admitted to probate without other evidence of execution. Joint Property: Many people do not understand that joint property may pass outside your Will and also sometimes assume that it will pass through their Will. They do not understand the significance of joint ownership. The issue is common in the following areas, provided as examples: (a) Real Estate: Often, a husband and wife will own real estate as joint tenants with rights of survivorship. If one party dies, the surviving party receives the property regardless of what the Will provides. This is common and generally acceptable. However, if this is not your desire you should change the ownership o f the property to tenants in common or other form of ownership. If you own real estate as tenants in common, then you may designate who will receive your share of the property at your death. This issue can be a problem when uninformed persons take title to real estate as joint tenants with rights of survivorship but really intended to leave their share to, for example, children of a prior marriage. (b) Bank Accounts/Certificates of Deposit, Stock, Retirement Plans, IRA’s and other type Property: The sam e ownership as real estate can be made of these investments. In fact, many Banks routinely place Bank accounts and Certificates of Deposit in the joint tenant with right of survivorship form of ownership if more than one person is on the account or CD, w ithout advising you of the consequence of same. In situations where the persons are husband and wife and there is no issue or concern over divorce or children from previous marriages, this may be the best course of action. However, with divorce on the rise, premarital agreements and multiple marriages being common, the parties may be doing something that was not their intent. Another common problematic situation is where a parent has more than one child but only one child resides in the hometown of the p arent. The parent may place the name of the child who resides there on all accounts, CD’s and other investments for convenience reasons and establish a joint tenant with right of survivorship situation without realizing that only that child will be entitl ed to those assets at the parent’s death. Simply put, you should be aware when you acquire an asset or investment exactly how it is titled. - 6 - For additional information, see the Law Summary and Information and Preview links in the search results for this form. A Definitions section is also linked on the Information and Preview page. DISCLAIMER/LICENSE/LIABILITY LIMITATION All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consul t an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. Signed by Testator/Te statrix : __________________________________ - 1 - LAST WILL AND TESTAMENT OF ____________________________________[1] BE IT KNOWN THIS DAY THAT, I, ________________________________[2] , of ____________________ [3] County, ALASKA, being of legal age and of sound and disposing mind and memory, and not acting under duress, menace, fraud, or undue influence of any person, do make, declare and publish this to be my Will and hereby revoke any Will or Codicil I may have made. ARTICLE ONE Marriage and Children I am single and have no children. ARTICLE TWO Debts and Expenses I direct my Personal Representative to pay all costs and expenses of m y last illness and funeral expenses. I further direct my Personal Representative to pay all of my just debts that may be probated, registered and allowed against my estate. However, this provision shall not extend the statute of limitations for the payme nt of debts, or enlarge upon my legal obligation or any statutory duty of my Personal Representative to pay debts. ARTICLE THREE Specific Bequests of Real and/or Personal Property I will, give and bequeath unto the persons named below, if he or she survi ves me, the Property described below: Name Address Relationship [4] [5] [6] [7] [8] Property: [9] Name Address Relationship [10] [11] [12] [13] [14] Property: [15] Signed by Testator/Te statrix : __________________________________ - 2 - Name Address Relationship [16] [17] [18] [19] [20] Property: [21] In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shal l pass under the other provisions of this Will. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse. ARTICLE FOUR Homestead or Primary Residence I will, devise and bequea th all my interest in my homestead or primary residence, if I own a homestead or primary residence on the date of my death that passes through this Will, to _____________________________[22] , if the named person(s) survives me. If the named person(s) does not survive me, then my homestea d or primary residence shall pass under the residuary clause of this Will. ARTICLE FIVE All Remaining Property – Residuary Clause I will, devise, bequeath and give all the rest and remainder of my property and estate of every kind and character, includin g, but not limited to, real and personal property in which I may have an interest at the date of my death and which is not otherwise effectively disposed of, to: ___________________________[23] . If I name more than one person under this Article, such persons are to receive such property equally, per stirpes, or equally, or the surv ivor. ARTICLE SIX Appointment of Personal Representative, Executor or Executrix I hereby appoint _____________________________[27] , as Personal Representative of my es tate and this Will. In the event my Personal Representative shall predecease me, or, for any reason, shall fail to qualify or cease to act as my Personal Representative, then I hereby appoint _____________________________[28] to serve as successor Personal Representative of my estate and Will. The term “Personal Representative”, as used in this Will, shall be deemed to mean and include “Pe rsonal Representative”, “Executor” or “Executrix”. ARTICLE SEVEN Waiver of Bond, Inventory, Accounting, Reporting and Approval Signed by Testator/Te statrix : __________________________________ - 3 - My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessi ty of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. ARTICLE EIGHT Powers of Personal Representative, Executor and Executrix I direct that my Personal Representative shall have broad dis cretion in the administration of my Estate, without the necessity of Court approval. I grant unto my Personal Representative, all powers that are allowed to be exercised by Personal Representatives by the laws of the State of ALASKA and to the extent not prohibited by the laws of ALASKA, the following additional powers: 1. To exercise all of the powers, rights and discretions granted by virtue of any "Uniform Trustees' Powers Law," and/or “Probate Code” adopted by the State of ALASKA. 2. To compromise cl aims and to abandon property which, in my Executor’s opinion is of little or no value. 3. To purchase or otherwise acquire and to retain any and all stocks, bonds, notes or other securities, or shares or interests in investment trusts and common trust fun ds, or in any other property, real, personal or mixed, as my Personal Representative may deem advisable, whether or not such investments or property be of the character permissible by fiduciaries, without being liable to any person for such retention or in vestment. 4. To settle, adjust, dissolve, windup or continue any par tnership or other entity in which I may own a partnership or equity interest at the time of my death, subject, however, to the terms of any partnership or other agreement to which I am a party at the time of my death. I authorize my Personal Representative to continue in any partnership or other entity for such periods and upon such terms as they shall determine. My Personal Representative shall not be disqualified by reason of being a partner, equity owner or title holder in such firm from participating on behalf of my estate in any dealings herein authorized to be carried on between my Personal Representative and the partners or equity owners of any such partnership or other entity. 5. To lease, sale, or offer on a lease purchase, any real or personal pr operty for such time and upon such terms and conditions in such manner as may be deemed advisable by my Personal Representative, all without court approval. 6. To sell, exchange, assign, transfer and convey any security or property, real or personal, he ld in my estate, or in any trust, at public or private sale, at such time and price and upon such terms and conditions (including credit) as my Personal Representative may deem advisable and for the best interest of my estate, or any trust. I hereby waive any requirement of issuing summons, giving notice of any hearing, conducting or holding any such hearing, filing bond or other security, or in any way obtaining court authority or approval for any such sale, exchange, assignment, transfer or conveyance of any real or personal property. 7. To pay all necessary expenses of administering the estate and any trust including taxes, trustees' fees, fees for the services of accountants, agents and attorneys, and to reimburse said parties for expenses incurred on b ehalf of the estate or any trust hereunder. Signed by Testator/Te statrix : __________________________________ - 4 - 8. Unless otherwise specifically provided, to make distributions (including the satisfaction of any pecuniary bequest) in cash or in specific property, real or personal, or in an undivided interest therein, or p artly in cash and partly in other property, and to do so with or without regard to the income tax basis of specific property allocated to any beneficiary and without making pro rata distributions of specific assets. 9. To determine what is principal and w hat is income with respect to all receipts and disbursements; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper by them and to partite and to distribut e property of the estate or trust in kind or in undivided interests, and to determine the value of such property. 10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder, and to deposit or withdraw securities under any such proceedings. 11. To perform such acts, to participate in such proceedings and to exercise such other rights and privileges in respect to any property, as if she or he were the absolute owner thereof, and in connection therewith to enter into and execute any and all agreements binding my estate and any trust created hereunder. 12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust, to litigate any such claims, including, without limitation, any claims relating to estate or income taxes, or agree to rescind or modify any contract or agreement. 13. To borrow money from such source or sources and upon such terms and condition s as my Personal Representative shall determine, and to give such security therefore as my Personal Representative may determine. All authorities and powers hereinabove granted unto my Personal Representative shall be exercised from time to time in her o r his sole and absolute discretion and without prior authority or approval of any Court, and I intend that such powers be construed in the broadest possible extent. ARTICLE NINE Construction Intentions It is my intent that this Will be interpreted according to the following provisions: 1. The masculine gender shall be deemed to include the feminine as well as the neuter, and vice versa, as to each of them; the singular shall be deemed to include the pl ural, and vice versa. 2. The term “testator” as used herein is deemed to include me as Testator or Testatrix. 3. This Will is not a result of a contract between myself and any beneficiary, fiduciary or third party and I may revoke this Will at any t ime. 4. If any part of this Will shall be declared invalid, illegal, or inoperative for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative Signed by Testator/Te statrix : __________________________________ - 5 - and it is my intent that any Court so interpreting same constr uct this Will and any provision in favor of survival. ARTICLE TEN Misc. Provisions I direct that this Will and the construction thereof shall be governed by the Laws of the State of ALASKA. (I have placed my initials next to the provisions below that I desire to adopt. Unmarked provisions are not adopted by me and are not a part of this Will) ________ If any person named herein is indebted to me at the time of my death and such indebtedness be evidenced by a valid Promissory Note payable to me, then su ch person’s portion of my estate shall be diminished by the amount of such debt. ________ Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property left herein shall be assumed by the person to receive such real property and not paid by my Personal Representative. ________ I desire to be burie d in the _____________________________[29] cemetery in __________________[30] County, __ ________________[31] . ________ I dir ect that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor. I, ___________________________________[32] , having signed this Will in the presence of _____________________________ and ________________________________ who attested it at my request on this the _____ day of _____________, 20_____ at ____________________________________________________________(address), declare this to be my Last Will and Testament. _______________________________ __________________[33] Testator/Testatrix The above and foregoing Will of ____________________________[34] was declared by _____________________________[35] in our view and presence to be his/h er Will and was signed and subscribed by the said _____________________________[36] in our view and presence and at his/her request and in the view and presence of _____________________________[37] and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of _____________________________[38] on this the _____day of ___________________, 20____. Witness Signature Witness Signature Print Name: Print Name: Address: Address: Signed by Testator/Te statrix : __________________________________ - 6 - City, State, Zip: City, State, Zip: Phone: Phone: Alaska Self -Proving Affidavit Form Alaska Self -Approving Affidavit I, ___________ _____________________________ , the testator/testatrix, sign my name to this instrument this _________ day of __________________ , 20 ___ , and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed in the will, and that I am eighteen years of age or olde r, of sound mind, and under no constraint or undue influence. Testator /Testatrix _______________________________ Typed Name: _________________________________ We, _____________________________ , ______________________________ , the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to th e undersigned authority that the testator/testatrix signs and executes this instrument as the testator's /testatrix’s will and that the testator/testatrix signs it willingly, and that each of us, in the presence and hearing of the testator/testatrix, hereb y signs this will as witness to the testator's/testatrix’s signing, and that to the best of our knowledge the testator/testatrix is eighteen years of age or older, of sound mind, and under no constraint or undue influence. _______________________________ __ Witness _________________________________ Witness Subscribed, sworn to, and acknowledged before me by __________________________________ , the testator/testatrix, and subscribed and sworn to before me by _________________________________ , and _______________________________ , witnesses, this _______ _ day of _______________ , 20 _______ . (Seal) _________________________________ (Signed) _________________________________ (Official capacity of officer)