New York Will Instructions

New York Last Will and Testament Form

LAST WILL AND TESTAMENT OF

BE IT KNOWN THIS DAY THAT,

I, of County, New York, 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 no children.

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:

In the event I name a person in this Article and said person predeceases me, the bequest to such person shall lapse and the property shall pass under the other provisions of this Will. In the event that I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse.

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, 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,

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:

If I name more than one person under this article, such persons are to receive the property equally, per stirpes, or the survivor.

ARTICLE SEVEN

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.

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 New York and to the extent not prohibited by the laws of New York, 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 New York.
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.
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, 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 as my Personal Representative may deem advisable and for the best interest of my estate, or any trust.
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 in cash or in specific property, real or personal, or in an undivided interest therein, or partly in cash and partly in other property.
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, 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, to litigate any such claims, including 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.
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 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 New York.

(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 cemetery in County, .

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