Colorado Living Will

Colorado Will Form — Divorced & Remarried (Mine, Yours and Ours)

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT, I, of County, Colorado, 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 married to and have the following children from our marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

My spouse was previously married and has the following children from a prior marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

I was previously married and have the following children from that marriage:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

Name: Date of Birth:

ARTICLE TWO — Debts and Expenses

I direct my Personal Representative to pay all costs and expenses of my 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.

ARTICLE THREE — Specific Bequests of Real and/or Personal Property

I will, give and bequeath unto the persons named below, if he or she survives me, the property described below:

ARTICLE FOUR — Homestead or Primary Residence

I will, devise and bequeath all my interest in my homestead or primary residence to my spouse if he or she survives me.

Signed if selected:

I will, devise and bequeath all my interest in my homestead or primary residence to the following designated persons, equally, per stirpes, subject to a life estate in my spouse:

Signed if selected:

ARTICLE FIVE — All Remaining Property – Residuary Clause

I will, devise, bequeath and give all the rest and remainder of my property and estate to the following beneficiaries, equally, per stirpes:

Signed if selected:

OR my spouse named

Signed if selected:

ARTICLE SIX — Contingent Residuary Clause

Not applicable because I selected option 1 in Article Five above.

Signed if selected:

In the event that my spouse shall predecease me, I will, devise, bequeath and give all the rest and remainder of my property and estate to the following beneficiaries, equally, per stirpes:

Signed if selected:

ARTICLE SEVEN — Property To Vest In Trustee for Child Beneficiary

In the event that my spouse predeceases me and any of my beneficiaries are under the age of years of age, then I direct that my Personal Representative shall transfer such beneficiary’s share to my Trustee.

As each Beneficiary reaches the age of years, the Trustee shall distribute the trust principal and income.

When the youngest Beneficiary reaches the age of years, the Trust shall terminate.

In the event of the death of any named Beneficiary and said deceased Beneficiary shall leave living issue, the Trust shall continue until the youngest living issue reaches the age of years.

In the event that on the date of my death, my spouse shall have predeceased me and my youngest Beneficiary is over years of age, then this Trust shall be inoperative.

ARTICLE EIGHT — Creditors of Beneficiaries

Neither the principal nor the income of any Trust provision contained in this Will shall be liable for the debts of any Beneficiary.

ARTICLE NINE — Appointment of Trustee

I appoint or if the appointee fails to qualify or cease to act, I appoint as Trustee.

ARTICLE TEN — Appointment of Guardian

In the event that a guardian is necessary for any of my children that may be under the age of years, I appoint as Guardian.

ARTICLE ELEVEN — Appointment of Personal Representative

I hereby appoint as Personal Representative of my estate and this Will.

In the event my Personal Representative shall predecease me, I hereby appoint to serve as successor Personal Representative.

ARTICLE TWELVE — Waiver of Bond, Inventory, Accounting, Reporting and Approval

My Personal Representative and successor Personal Representative shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate.

ARTICLE THIRTEEN — Powers of Personal Representative

My Personal Representative shall have broad discretion in the administration of my Estate, without the necessity of Court approval.

ARTICLE FOURTEEN — 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.

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 time.

4. If any part of this Will shall be declared invalid, illegal, or inoperative, the remaining parts shall remain effective.

5. In the event that my spouse, and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived him/her.

ARTICLE FIFTEEN — Misc. Provisions

I direct that this Will and the construction thereof shall be governed by the Laws of the State of Colorado.

If any person named herein is indebted to me at the time of my death, such 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.

I desire to be buried in the cemetery in County,

I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

Execution and Signature

I, having signed this Will in the presence of and who attested it at my request on this the day of , 20 at declare this to be my Last Will and Testament.

Witness Attestation

The above and foregoing Will of was declared by in our view and presence to be his/her Will.

Colorado Self-Proving Affidavit

I, the testator/testatrix, sign my name to this instrument this day of , 20 and being first duly sworn, do hereby declare that I sign and execute this instrument as my Will.

STATE OF COLORADO

COUNTY OF

Subscribed, sworn to and acknowledged before me by and subscribed and sworn to before me by and witnesses, this day of , 20 .