Nevada Will Instructions

Nevada Will Instructions and Last Will and Testament

NEVADA WILL INSTRUCTIONS
Married with Adult Children

1. This will is designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type.

Example: 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 various matters. The information below is designed to assist you in completing the fields contained in the articles of the Will.

3. Article / Field Completion Instructions

Field [1] - Your name.

Field [2] - Your name.

Field [3] - Your County of Residence.

ARTICLE ONE

Field [4] - Type the name of your spouse.

Fields [5] – [10] Type the name(s) and birth date(s) of your children.

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 and delete the fields.

Field [11] - Type name.

Field [12] - Type street address.

Field [13] - Additional Address line.

Field [14] - City, State, Zip.

Field [15] - Relationship.

Field [16] - Describe the property to go to this person.

Field [17] - Type name.

Field [18] - Type street address.

Field [19] - Additional Address line.

Field [20] - City, State, Zip.

Field [21] - Relationship.

Field [22] - Describe the property.

Field [23] - Type name.

Field [24] - Type street address.

Field [25] - Additional Address line.

Field [26] - City, State, Zip.

Field [27] - Relationship.

Field [28] - Describe the property.

ARTICLE FOUR

This article is for you to leave your homestead, if you have one on the date of death to persons designated.

Field [29] - Type name of your spouse.

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 29.

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 [30] - Type name of your spouse.

ARTICLE SIX

This article is to provide an alternate distribution of the rest and remainder of your property should your spouse predecease you and the provisions for distribution contained in Article Five cannot be carried out.

Field [31] - Type the name of your child(ren).

Fields [32] – [33] Omitted.

ARTICLE SEVEN

This article is for you to name your personal representative. This must be an adult and can be your spouse.

Field [34] - Type name of Personal Representative.

Field [35] - Type name of successor Personal Representative.

ARTICLE TEN

This article provides instructions regarding the interpretation of your will.

Field [36] - Type the name of your spouse. This clause is a common disaster clause and provides whose Will will control if you both die in a common disaster.

ARTICLE ELEVEN

All parts of Article 11 are optional. Complete as desired. Be sure to write your initials for any of these items you desire to apply.

Field [37] - Type name of Cemetery.

Field [38] - Type County.

Field [39] - Type State.

ENDING AND SIGNATURE

Field [40] - Your name.

Field [41] - Your name.

Field [42] - Your name.

Field [43] - Your name.

Field [44] - Your name.

Field [45] - Your name.

Field [46] - Your name.

All other blanks in the Will are typically completed by 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, 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 affidavit. Therefore, it is best to sign the Will in the presence 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 copy to your executor or other person as additional proof of execution.

LAST WILL AND TESTAMENT OF

[1]

I, [2], of [3] County, Nevada, 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 [4] and have the following adult children:

Name: [5] Date of Birth: [6]

Name: [7] Date of Birth: [8]

Name: [9] Date of Birth: [10]

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. However, this provision shall not extend the statute of limitations for the payment 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 survives me, the Property described below:

Name [11]

Address [12]

[13]

[14]

Relationship [15]

Property: [16]

Name [17]

Address [18]

[19]

[20]

Relationship [21]

Property: [22]

Name [23]

Address [24]

[25]

[26]

Relationship [27]

Property: [28]

ARTICLE FOUR
Homestead or Primary Residence

I will, devise and bequeath 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 my spouse, [29], if he or she survives me. If he or she does not survive me, then my homestead 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, including, 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 my spouse, [30].

ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause

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 of every kind and character, including, 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 my child(ren) [31]. If I have and name more than one child, they are to receive the property, equally, per stirpes.

ARTICLE SEVEN
Appointment of Personal Representative, Executor or Executrix

I hereby appoint [34], as Personal Representative of my estate 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 [35] 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 “Personal Representative”, “Executor” or “Executrix”.

ARTICLE EIGHT
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 NINE
Powers of Personal Representative, Executor and Executrix

I direct that my Personal Representative shall have broad discretion 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 Nevada and to the extent not prohibited by the laws of Nevada, 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 Nevada.

2. To compromise claims 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 funds, 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 investment.

4. To settle, adjust, dissolve, windup or continue any partnership 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 property 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, held 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 behalf of the estate or any trust hereunder.

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 partly 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 what 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 distribute 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 conditions as my Personal Representative shall determine, and to give such security therefor 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 or 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 TEN
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 plural, 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 for any reason, it is my expressed intent that the remaining parts shall be effective and fully operative and it is my intent that any Court so interpreting same construct this Will and any provision in favor of survival.

5. In the event that my spouse, [36], and I die under circumstances where it is difficult to determine who died first, I direct that I be deemed to have survived her/him and the terms of my Will shall take precedence over any Will or Codicil that he/she may have made, notwithstanding any provisions of the law to the contrary.

ARTICLE ELEVEN
Misc. Provisions

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

(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 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. 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 buried in the [37] cemetery in [38] County, [39].

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

Nevada Certification

State of Nevada

County of

(Date) , 20____

Then and there personally appeared the within-named and , who, being duly sworn, depose and say: That they witnessed the execution of the within will of the within-named testator/testatrix, , that the testator/testatrix subscribed the will and declared the same to be his or her last will and testament in their presence; that they thereafter subscribed the same as witnesses in the presence of the testator/testatrix and in the presence of each other and at the request of the testator/testatrix; that the testator/testatrix at the time of the execution of the will appeared to them to be of full age and of sound mind and memory, and that they make this affidavit at the request of the testator/testatrix.

Subscribed and sworn to before me this day of , 20____.

______________________________
Notary Public