North Carolina Will Instructions

Colorado Last Will and Testament Form

LAST WILL AND TESTAMENT OF

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 child(ren) from a prior marriage:

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. 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 Address Relationship

Property:

Name Address Relationship

Property:

Name Address Relationship

Property:

[List or state no property left under this article]

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 my child(ren), .

shall be subject to a life estate in my spouse so long as my spouse occupied said property as his or her primary residence for at least 8 months of every year.

shall not be subject to a life estate in my spouse so long as my spouse occupied said property as his or her primary residence for at least 8 months of every year.

Signed if Selected:

ARTICLE FIVE
All Remaining Property – Residuary Clause

My child(ren), , shall receive all remaining property equally, per stirpes.

Signed if Selected:

My spouse named .

Signed if Selected:

ARTICLE SIX
Contingent - All Remaining Property – Residuary Clause

Not applicable because I named my child(ren) in Article Five.

Signed if Selected:

In the event that my spouse shall predecease me, I give all remaining property to my children .

Signed if Selected:

ARTICLE SEVEN
Property To Vest In Trustee for Child Beneficiary

In the event that my spouse predeceases me as provided in Article Six, and any of my children are under the age of years of age, then I direct that my Personal Representative shall transfer, assign and deliver over to my Trustee, named below, such beneficiary’s share of my estate and the objects of property described herein.

As each Beneficiary herein reaches the age of years, the Trustee shall distribute to said beneficiary his or her share of the trust principal and income.

When the youngest Beneficiary reaches the age of years, the Trustee shall distribute all remaining Trust property and this Trust shall terminate.

In the event of the death of any named Beneficiary and said deceased Beneficiary shall leave living issue, the Trustee shall administer said Trust property for the use and benefit of said living issue. When said youngest living issue reaches the age of years, the Trust as to said living issue shall terminate.

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 nor any part of same shall be liable for the debts of any Beneficiary hereunder.

ARTICLE NINE
Appointment of Trustee

I appoint , or if the appointee fails to qualify or cease to act, I appoint , as Trustee of the Trust provisions of this Will.

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, then I appoint as Guardian of said children.

ARTICLE ELEVEN
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 fail to qualify or cease to act, then 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, 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 Colorado.

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.

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 as my Personal Representative may deem advisable.

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; to establish and maintain reserves for depreciation, depletion, obsolescence, taxes, insurance premiums, and any other purpose deemed necessary and proper.

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 and 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, including claims relating to estate or income taxes.

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

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; 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.

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 her/him.

ARTICLE FIFTEEN
Misc. Provisions

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

(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.

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.

I, , having signed this Will in the presence of

Colorado Self-Proving Affidavit

I, , the testator/testatrix, sign my name to this instrument this , 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 , the Testator/Testatrix, and subscribed and sworn to before me by and , witnesses, this .

(Signed)

(Official capacity of officer)