Fill and Sign the Legal Last Will and Testament Form with All Property to Trust Called a Pour over Will Texas

This form is for person(s) who are establishing or have established a Living Trust. Although living trusts are a useful tool in assisting one in estate planning, it should be noted that the necessity of a will has not been totally dispensed with merely by the creation of a living trust. One should also have, in addition to a living trust, a “pour over” will, or a will that provides that any assets not transferred to the living trust at the time of the grantor’s death are to be transferred to the trust at the time of the grantor’s death. This is necessary because inevitably there are always some assets which have not been transferred to the trust at one’s death, and this method assures that they too will be controlled by the trust in a method that the grantor chooses, rather than distributed according the various state laws regarding intestacy. 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. If you do not see the gray shaded area in Word, go to View, Toolbars and check Forms. DISCLAIMER/LICENSE/LIABILITY LIMITATION All forms in this package are provided without any warranty, express or implied, as to their legal efect 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 ofered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. 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. TEXAS WILL INSTRUCTIONS All Property to Trust “Pour Over Will” U.S. Legal Forms, Inc. http://www.uslegalforms.com LAST WILL AND TESTAMENT OF ______________________ BE IT KNOWN THIS DAY THAT, I, ______________________ , of ______________________ County, Texas, 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 Conveyance to Trust Be it known that while living I transferred, assigned, conveyed and delivered all rights, title and interest in and to certain property owned by me to my Living Trust created the ____ day of ______________________ , 20 ____ and known as THE ______________________ REVOCABLE TRUST, hereinafter referred to as “Trust”. After the payment of estate expenses and debts, all remaining rights, title and interest in any and all property owned by me at the time of my death, whether real or personal, wherever situated, which has not been so transferred to the Trust, is hereby willed, devised, bequeathed, given, transferred, assigned, conveyed and delivered to said Trust to be administered in accordance with the terms of the Trust. ARTICLE TWO Debts and Expenses The payment of all my just debts, funeral expenses, costs and expenses of last illness and administrative expenses shall be paid by my Personal Representative, or if funds are not available then by the trustee of the Trust. ARTICLE THREE Guardian of Minor Children Complete as applicable: I have no children. My Children are all adults. I have minor child(ren). If any of my child(ren) are minors under the age of 21 years of age on the date of my death, then I direct that ________________________ shall be appointed as Guardian of those minor children. ARTICLE FOUR Appointment of Personal Representative, Executor or Executrix I hereby appoint ______________________ , as Personal Representative of 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 this Will. Signed by Testator/Testatrix: __________________________________ - 1 - The term “Personal Representative”, as used in this Will, shall be deemed to mean and include “Personal Representative”, “Executor” or “Executrix”. ARTICLE FIVE Waiver of Bond, Inventory, Accounting, Reporting and Approval My Personal Representative and successor Personal Representative shall serve without any bond. I direct that no action shall be had in any court exercising probate jurisdiction in relation to the settlement of my estate other than the probating and recording of my will and the return of an inventory, appraisement and list of claims of my estate; provided that, if the Personal Representative is permitted to file an affidavit in lieu of inventory under Texas law, I do not require the Personal Representative to file the inventory, appraisement and list of claims with the court if required by law. ARTICLE SIX Powers of Personal Representative, Executor and Executrix I direct that my Personal Representative shall cooperate with and follow any instructions and directions as provided by the Trustee of my Trust, in order that all provisions of my Trust be given full effect. Nothing contained herein shall be construed or interpreted to diminish any power and authority granted to my Trustee, and all provisions contained herein shall be interpreted to insure that all provisions of said Trust be carried out as directed. 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 Texas. ARTICLE SEVEN Construction Intentions and Misc. Provisions 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. Signed by Testator/Testatrix: __________________________________ - 2 - I direct that this Will and the construction thereof shall be governed by the Laws of the State of Texas. I, ___________________________________ , 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. ________________________________ _____________________________ Testator/Testatrix The above and foregoing Will of _____________________________ was declared by _____________________________ in our view and presence to be his Will and was signed and subscribed by the said _____________________________ in our view and presence and at his request and in the view and presence of _____________________________ and in the view and presence of each other, we, the undersigned, witnessed and attested the due execution of the Will of _____________________________ on this the _____day of __________________, 20___. Witness Signature Witness Signature Print Name: Print Name: Address: Address: City, State, Zip: City, State, Zip: Phone: Phone: Signed by Testator/Testatrix: __________________________________ - 3 - THE STATE OF TEXAS COUNTY OF ______________________________ BEFORE ME, the undersigned authority, on this day personally appeared ______________________________ , ______________________________ and ______________________________ , known to me to be the Testator/Testatrix and Witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said persons being by me duly sworn, the said ______________________________ Testator/Testatrix, declared to me and to the said Witnesses in my presence, that said instrument is the Last Will and Testament, and that he or she had willingly made and executed it as his or her free act and deed for the purposes therein expressed; and the said Witnesses, each on their oath, stated to me in the presence and hearing of the said Testator/Testatrix that the said Testator/Testatrix had declared to them the said instrument is his or her Last Will and Testament and that he or she executed the same as such and wanted each of them to sign it as a Witness; and upon, their oaths each Witness stated further that they did sign the same as Witnesses in the presence of the said Testator/Testatrix and at his or her request; and that he or she was at that time eighteen (18) years of age or over (or being under such age, was or had been lawfully married , or was then a member of the armed forces of the United States or of an auxiliary thereof or of the maritime Service) and was of sound mind; and that each of said Witnesses was then at least fourteen (14) years of age. ______________________________ Testator/Testatrix Typed Name: ______________________________ ______________________________ Witness _____________________________ Witness SUBSCRIBED AND ACKNOWLEDGED before me by the said ______________________________ , Testator/Testatrix and subscribed and sworn to before me by the said ______________________________ and ______________________________ , Witnesses, this _____ day of __________ , 20 _____ . _______________________________ Notary Public, State of Texas Print Name: _________________________________ Commission Expires: ______________________________ TS Probate Code, Chapter IV, §59 Texas Self-Proving Affidavit