Missouri Will Instructions for Single with Adult Children

Missouri Will Instructions and Last Will and Testament

MISSOURI WILL INSTRUCTIONS
Single 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] - Omitted.

Fields [5] – [10] Type the names and birth dates of all 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(s) of child(ren) to receive homestead.

Field [30] – [31] Omitted.

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 [32] - Type name(s) of child(ren) to receive all other property.

Field [33] – [34] Omitted.

ARTICLE SIX

This article is for you to name your personal representative. This must be an adult and can be the person with whom you live.

Field [35] - Type name of Personal Representative.

Field [36] - Type name of successor Personal Representative.

ARTICLE TEN

All parts of Article 10 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.

ADDITIONAL INFORMATION ABOUT YOUR WILL FORM

This section will briefly explain some of the articles of your will and provide other information. Articles 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 information 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 leave 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.

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 making 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 along 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 established 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.

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 consult 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.

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, , of County, Missouri, 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 (not married) and have the following adult children:

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:

Name Address Relationship

Property:

Name Address Relationship

Property:

Name Address Relationship

Property:

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 child(ren), . If I have and name more than one child, they are to receive the property, equally, per stirpes.

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 children, . If I have and name more than one child, they are to receive the property, equally, per stirpes.

ARTICLE SIX
Appointment of Personal Representative, Executor or Executrix

I hereby appoint , 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 to serve as successor Personal Representative of my estate and Will.

ARTICLE SEVEN
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 EIGHT
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.

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 Missouri.

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.

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.

5. To lease, sell, or offer on a lease purchase, any real or personal property for such time and upon such terms and conditions 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.

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.

8. Unless otherwise specifically provided, to make distributions in cash or in specific property, real or personal, or in an undivided interest therein.

9. To determine what is principal and what is income with respect to all receipts and disbursements.

10. To participate in any plan of reorganization, consolidation, dissolution, redemption, or similar proceedings involving assets comprising my estate or any trust created hereunder.

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.

12. To compromise, settle or adjust any claim or demand by or against my estate, or any trust.

13. To borrow money from such source or sources and upon such terms and conditions as my Personal Representative shall determine.

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; 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.

ARTICLE TEN
Misc. Provisions

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

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 cemetery in County, .

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

Missouri Self Proving Affidavit

THE STATE OF MISSOURI

COUNTY OF

I, the undersigned, an officer authorized to administer oaths, certify that , the Testator/Testatrix of the Will, and the witnesses, whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that the Testator/Testatrix of the Will signed and executed the instrument as her or his last Will, and that she or he had willingly signed, and that she or he executed it as her or his free and voluntary act for the purposes therein expressed; and that each of the witnesses, in the presence and hearing of the Testator/Testatrix of the Will, signed the Will as witness and that to the best of her or his knowledge the Testator/Testatrix of the Will was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.

In witness whereof I have hereunto subscribed my name and affixed my official seal this day of , 20.

My Commission Expires: