New Mexico Last Will and Testament

New Mexico Last Will and Testament

Signed by Testator/Testatrix:

BE IT KNOWN THIS DAY THAT,

I, , of County, New Mexico, 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). I am a parent of the following 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:

I direct that any unmentioned property shall pass under the residuary clause below.

ARTICLE FOUR

All Property of Every Kind

I will, devise, bequeath and give all 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 (“Residuary Estate”), to my child(ren)

ARTICLE FIVE

Property To Vest In Trustee for Child Beneficiary

If any of my children are under the age of years of age on the date of my death, then I direct that my Personal Representative shall transfer said share of my estate to my Trustee.

As each beneficiary herein reaches the age of years, the Trustee shall distribute said beneficiary’s share.

When the youngest beneficiary reaches the age of years, the Trustee shall distribute all remaining Trust property.

When said youngest living issue reaches the age of years, the Trust as to said living issue shall terminate.

ARTICLE SIX

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 SEVEN

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 EIGHT

Appointment of Guardian

I appoint , as guardian of my children who may be under the age of years.

ARTICLE NINE

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

ARTICLE TEN

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 ELEVEN

Powers of Personal Representative, Executor and Executrix

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

ARTICLE TWELVE

Construction Intentions and Misc. Provisions

It is my intent that this Will be interpreted according to the following provisions:

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.

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.

The above and foregoing Will of was declared by in our view and presence to be his/her Will and was signed and subscribed by the said in our view and presence and at his/her request and in the view and presence of , we witnessed and attested the due execution of the Will of on this the day of , 20.

New Mexico 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 to the undersigned authority that I sign and execute this instrument as my will and that I sign it willingly, that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or older, of sound mind and under no constraint or undue influence.

We, , , the witnesses, sign our names to this instrument, and being first duly sworn, do hereby declare to the undersigned authority that the testator/testatrix signs and executes this instrument as his or her will and that he or she signs it willingly, and that each of us, in the presence of the testator/testatrix, and in the presence of each other hereby signs this will as witness to the testator's/testatrix’s signing, and that to the best of our knowledge the testator/testatrix is eighteen years of age or older, of sound mind and under no constraint or undue influence.

State of New Mexico

County of

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

(Seal)

Signed