WILL OF [name]



WILL OF [name]

I, [name], a citizen of the United States of America and a resident of [county] County, Michigan, on [date], declare that this is my will.

1. DECLARATIONS

1.1 Revocation. I revoke all prior wills and codicils.

1.2 Family

[Alternative 1 to ¶1.2:]

1.2 Family. I am married to [name of spouse] (“Spouse”), and I have [number] Children: [children’s names and birth dates].

[Alternative 2 to ¶1.2:]

1.2 Family. I am married to [name of spouse] (“Spouse”), and I have no Children or other Descendants.

[Alternative 3 to ¶1.2:]

1.2 Family. I am [marital status], and I have [number] Children: [children’s names and birth dates].

[Alternative 4 to ¶1.2:]

1.2 Family. I am a single person, and I have no Children or other Descendants. My closest living relative(s) [is / are][name and relationship].

2. GIFTS

2.1 Tangible Personal Property. I have prepared or may prepare a written statement or list, signed by me, to dispose of items of Tangible Personal Property. If I already have not given each item to the person or persons identified in the written statement or list, I do so at my death. I give all my remaining Tangible Personal Property:

[Alternative 1 to ¶2.1:]

(a) To my Spouse, or if my Spouse does not survive me,

(b) To my Children who survive me and not to the Descendants of any deceased Child, in portions of equal value, divided as they agree, or if they do not agree within a reasonable time, as my personal representative determines.

(c) If none of my Children survives me, to the Trustee of the [Trust name] under an agreement dated the same day as this will, as the agreement may be amended from time to time (“Trust”).

[Alternative 2 to ¶2.1:]

To [name], or if [name] does not survive me, to the Trustee of the [Trust name] under an agreement dated the same day as this will, as the agreement may be amended from time to time (“Trust”).

[Alternative 3 to ¶2.1:]

To the Trustee of the [Trust name] under an agreement dated the same day as this will, as the agreement may be amended from time to time (“Trust”).

If Tangible Personal Property is to be distributed to a minor, my personal representative may determine that specific items (e.g., a motor vehicle) are inappropriate for distribution to or retention for a minor, and my personal representative may distribute those items, or proceeds from sale of those items, as part of my Residuary Estate. My personal representative may distribute Tangible Personal Property to a minor, to the minor’s conservator, or to an adult with whom the minor lives without further liability to my estate.

2.2 Residuary Estate. I give the residue of my estate (“Residuary Estate”) to the Trustee of the [Trust name] under an agreement dated the same day as this will, as the agreement may be amended from time to time (“Trust”). However, if, under the terms of the Trust, the Trustee is to effect immediate distribution to beneficiaries at my death, my personal representative may distribute all or any part of my Residuary Estate directly to the beneficiaries of the Trust as provided in the Trust.

3. FIDUCIARIES

3.1 Nomination of Personal Representative

[Alternative 1 to ¶3.1:]

3.1 Nomination of Personal Representative. I nominate [name] as personal representative of my estate.

[Alternative 2 to ¶3.1:]

3.1 Nomination of Personal Representative. I nominate the following, in the order named, as personal representative of my estate: first, [name]; second, [name]; third, [name].

[Alternative 3 to ¶3.1:]

3.1 Nomination of Personal Representative. I nominate [name] and [name] as personal representatives of my estate. If only one of them is able to act, I nominate that person or entity as my sole personal representative.

3.2 Appointment of Guardian

[Alternative 1 to ¶3.2:]

3.2 Appointment of Guardian. If my Spouse does not survive me, I appoint the following persons, in the order named, as guardian of any minor Child: first, [name]; second, [name].

[Alternative 2 to ¶3.2:]

3.2 Appointment of Guardian. If my Spouse does not survive me, I appoint [name] as guardian of any minor Child.

[Alternative 3 to ¶3.2:]

3.2 Appointment of Guardian. If any Child of mine is a minor, I appoint the following persons, in the order named, as guardian of any minor Child: first, [name]; second, [name].

[Alternative 4 to ¶3.2:]

3.2 Appointment of Guardian. If any Child of mine is a minor, I appoint [name] as guardian of any minor Child.

3.3 Nomination of Conservator

[Alternative 1 to ¶3.3:]

3.3 Nomination of Conservator. If my Spouse does not survive me, I nominate the following persons, in the order named, as conservator of the estate of any minor Child: first, [name]; second, [name].

[Alternative 2 to ¶3.3:]

3.3 Nomination of Conservator. If my Spouse does not survive me, I nominate [name] as conservator of the estate of any minor Child.

[Alternative 3 to ¶3.3:]

3.3 Nomination of Conservator. If any Child of mine is a minor, I nominate the following persons, in the order named, as conservator of the estate of any minor Child: first, [name]; second, [name].

[Alternative 4 to ¶3.3:]

3.3 Nomination of Conservator. If any Child of mine is a minor, I nominate [name] as conservator of the estate of any minor Child.

4. ADMINISTRATION

4.1 Personal Representative’s Powers. Subject to ¶4.1(b), every personal representative of my estate may serve without bond, and may exercise any of the following powers, and any others that are granted by law to personal representatives or trustees without court order.

(a) Supplemental Powers.

(1) Invest in any property without limit, including purchases and sales by way of short sales, puts, calls, futures, options, straddles, sales against the box, proprietary funds of a related party that is a corporate personal representative, and margin.

(2) Borrow money for any purpose from the personal representative (including a related party of a corporate personal representative) or from others; and mortgage or pledge any estate property, including purchasing securities on margin.

(b) Limitation on Powers.

(1) When more than one person is serving as personal representative and at least one of them is not beneficially interested in the exercise or nonexercise of a power or election, the beneficially interested personal representative shall not participate in the exercise or nonexercise of the power or election.

(2) No personal representative shall exercise any power in a way that would affect adversely a marital or charitable tax deduction unless it clearly would benefit the beneficiaries of my estate.

(3) No personal representative may exercise any incident of ownership, alone or with others, over any policy of insurance on the life of the personal representative.

4.2 Taxes and Claims. The following items shall be charged against my Residuary Estate and not against any beneficiary or distributee:

(a) Claims. Debts legally enforceable against my estate, and expenses of my last illness and of my death, including a suitable marker if appropriate, and the expenses of administering my estate, including all costs of safeguarding and delivering assets of my estate to the beneficiaries; provided, that if any property (including any life insurance policy) owned by me jointly or individually, is subject to any indebtedness, the indebtedness shall not be paid by my estate and the property shall pass subject to the indebtedness existing at my death.

(b) Taxes. All estate, inheritance, and other taxes payable as a result of my death, including interest and penalties, but excluding taxes imposed on any generation-skipping transfer of assets that are not part of my estate or a trust I created.

(c) Assets to Be Used. My personal representative may pay these charges in any order and from any assets in my estate, including income, except no asset shall be used to pay these charges if the asset otherwise would be exempt from taxation that results from my death.

5. GENERAL PROVISIONS

5.1 Survival. Any beneficiary who dies within 120 hours after my death shall be deemed to have predeceased me. However, as to any gift, other than a gift of Tangible Personal Property, which will qualify for the marital deduction, my Spouse shall be deemed to have survived me if we died under circumstances where it is not clear who survived.

5.2 Child; Children. The terms “Child” and “Children” shall include those children identified at the beginning of this will and any child born to my Spouse and me or adopted by me after the date of this will.

5.3 Descendants. The terms “Descendant” and “Descendants” mean all descendants and shall include any descendants born or legally adopted prior to age 18 after the date of this will.

5.4 Exclusions of Other Beneficiaries. I intentionally make no provision for gifts, other than those set out in this will, to any Descendant, or to any other heir.

5.5 No Contest Clause. If any beneficiary under this will, or any beneficiary under any trust established by me, or any heir of mine, or any person acting, with or without court approval, on behalf of a beneficiary or heir, shall challenge or contest the admission of my will to probate, any provision of my will, or any provision of the trust, the beneficiary or heir shall receive no portion of my estate. However, it will not be a “challenge or contest” if my personal representative or the trustee, or a beneficiary or heir, seeks court interpretation of ambiguous or uncertain provisions of my will or the trust.

5.6 Powers of Appointment. I do not exercise any power of appointment I may have.

5.7 Disclaimers. Any beneficiary of my estate may disclaim rights, in whole or in part, personally or by the beneficiary’s agent under a power of attorney, conservator, or personal representative.

5.8 Tangible Personal Property. “Tangible Personal Property” means personal (not used primarily in a business) boats, books, china, clothing, furnishings, furniture, glass, household items, jewelry, lawn and garden equipment, motor vehicles, personal effects, pictures, recreational items, rugs, silver, works of art, and any other similar items, and includes any insurance on those assets. My personal representative shall determine which items are within this definition, and the determination shall bind all persons.

5.9 Other Terms. Use of either plural or singular includes the other, and use of any gender includes other genders.

5.10 Captions. Captions in this will are used for convenience and shall not limit, broaden, or qualify the text.

5.11 Corporate Fiduciary. If a corporate fiduciary merges or consolidates, the corporation formed by the merger or consolidation shall act as the fiduciary.

5.12 Wills Not Mutual or Reciprocal. Although my Spouse and I are executing somewhat similar wills, we do not intend the wills to be construed as mutual, reciprocal, or dependent upon the other, and either of us shall be free to execute a will or codicil with different distribution of assets.

5.13 5.13 Personal and Household Effects

[Alternative 1 to ¶5.13:]

5.13 Personal and Household Effects. Aside from my personal clothing, jewelry, and similar personal items of very little value, the Tangible Personal Property at our residence belongs to my Spouse and me as joint tenants with rights of survivorship.

[Alternative 2 to ¶5.13:]

5.13 Personal and Household Effects. Aside from my personal clothing, jewelry, and similar personal items of very little value, the Tangible Personal Property at our residence belongs to my Spouse.

I sign my name to this will on the date that is first written above. I declare under penalty of perjury under the laws of the State of Michigan that this document is my will; that I sign it willingly or willingly direct another to sign for me; that I execute it as my voluntary act for the purposes expressed in this will; and that I am 18 years of age or older, am under no constraint or undue influence, and have sufficient mental capacity to make a will.

|Dated: ______________________ | |/s/______________________ |

| | |[Typed name of testator] |

We, the witnesses, sign our names to this will on the date that is first written above. We declare under penalty of perjury under the laws of the State of Michigan that all of the following statements are true: the individual signing this will executes it as a voluntary act for the purposes expressed in this will; each of us, in the individual’s presence, signs this will as a witness to the individual’s signing; and, to the best of our knowledge, the individual is 18 years of age or older, is under no constraint or undue influence, and has sufficient mental capacity to make a will.

|/s/______________________ |  |/s/______________________ |

|[Typed name of witness] | |[Typed name of witness] |

|Prepared by: | | |

|[Attorney name] | | |

|[Firm name, address, and phone] | | |

Copyright © 1991, 1994–2016 Fraser Trebilcock Davis & Dunlap, PC

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