CHAPTER XX – GUARDIAN OF CHILDREN AND PROPERTY OF …



LEGAL FORMS

FROM

DAVENPORT ’ S MISSOURI WILLS AND ESTATE PLANNING LEGAL FORMS

by Alex W. Russell

Copyright © 2018 by alex w. russell

FORM 1:

LAST WILL AND TESTAMENT (WITH GUARDIANS)

LAST WILL AND TESTAMENT.

I, _________________________ of _____________ County, Missouri, hereby make, publish, and declare this as my Last Will and Testament (called here my "Will"), and

I hereby revoke any Wills and Codicils earlier made by me.

1. GIFTS. I give the following gifts which are specific gifts except any gifts of money amounts are general gifts:

I give ___________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ________________________________________________ if they survive me; and

I give ____________________________________________________________

to ___________________________________________________ if they survive me.

2. TANGIBLE PERSONAL PROPERTY LIST. I may leave a list or other writing giving tangible personal property as allowed by Missouri or other law, and I hereby authorize any such list and make the gifts described.

3. RESIDUE. I give all my property and estate remaining and not given or used by other provisions of this Will or by law, whether now owned or later acquired, wherever located, and of any kind and nature including real property (all of which is called the “residue” in this Will), as follows: to ____________________________________________________ if they survive me, but if they all do not survive me then I give the just described property to ______________________________________ or their lineal descendants per stirpes.

4. ADMINISTRATION. I name and appoint _______________________ as personal

representative of my Will and my estate, who is also called in this Will “executor”.

5. GUARDIANS. If any of my children have not reached age 18 I name and appoint ______________________ to be guardian of such children including their person. I also name and appoint _______________________ as conservator of the property and estate of such children or any other persons under age 18 who receive or possess property.

6. MISCELLANEOUS. The following applies to this Will and generally.

Will provisions for a spouse are in lieu of a spouse’s rights to exempt property, homestead allowance, and allowance for maintenance of Mo. Rev. Stat. § 474.260, and taking under this Will or consenting thereto waives these. Also, gifts to a spouse described in this Will are reduced by the value of any of these paid to a spouse.

A gift to multiple beneficiaries shall be sold by the personal representative and the proceeds distributed unless beneficiaries agree on how to use the gift.

For a gift to multiple beneficiaries the share of a gift of a non-surviving beneficiary shall usually pass to surviving beneficiaries in proportion to their share of the gift.

Any personal representative, guardian, or conservator of any type is given as much power, authority, and discretion that may be given by law, including to with no liability for change in value sell, lease, assign, mortgage, invest, exchange, and transfer in any way any property, settle claims for and against the estate or any person, and have power of sale over real property, with no need for action to or of a court and any filing or inventory.

My personal representative may and has power to any time pay debts and fees of mine or my estate that my personal representative in his or her sole and absolute discretion finds are valid including timely and fair, including for a last illness or funeral expenses or grave marker, all with no limit on amount despite any law, no need for filing or inventory or similar, and no need for action to or of a court.

“Survive” and “surviving” means to live or exist normally 30 days after testator dies.

The residue includes lapsed gifts, failed gifts, insurance paid to the estate, and property testator had a power of appointment or testamentary disposition over.

If a list or written statement signed or handwritten by me gives tangible personal

property as allowed by law then I make such gifts, and all such writings are intended to be and should be construed as a single document to be followed. If any property is given on multiple pages the more recently done page controls. However gifts on any such writing not found by 60 days after my death shall abate and be of no effect.

For gifts to a minor my personal representative without act of any court has discretion and power to transfer property to the minor, conservator named by Will or court for the minor, adult the minor resides with, or custodian under the Missouri Transfer to Minors Law or similar law. The person named in this Will to be conservator is hereby named as custodian under the Missouri Transfer to Minors Law or similar law for minors receiving Will gifts, or if they fail to serve my personal representative may designate a custodian.

“Give” and “gift” means the same as a devise, bequest, grant, legacy or similar.

Priority of gifts of the same type is based on the order they appear in this Will.

Plural, singular, or gender meaning of words and phrases do not limit any Will provision, and “they” means one or several persons or entities.

I request independent and informal administration and probate of my Will and estate.

Any personal representative, conservator, or guardian of any type serving under this Will or otherwise shall serve without bond, surety, or other security.

TESTATOR..

IN WITNESS WHEREOF, I sign my name below to this instrument, this ___ day of

________________, 20___, and do declare that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly as a free and voluntary act for the purposes expressed therein, and that I am at least 18 years of age and of sound mind and under no constraint or undue influence.

______________________________

Testator

WITNESSES..

We, the undersigned, declare in our presence the foregoing instrument was willingly published, declared, and signed by the above-named Testator as his or her Last Will and Testament, that to the best of our knowledge the Testator is at least 18 years of age and of sound mind and under no constraint or undue influence, and that each of us in the presence and hearing of Testator and each other hereby sign our names as witnesses.

___________________ __________________________________________________

Witness Address

___________________ __________________________________________________

Witness Address

FORM 2:

LAST WILL AND TESTAMENT (NO GUARDIANS)

LAST WILL AND TESTAMENT.

I, _________________________ of _____________ County, Missouri, hereby make, publish, and declare this as my Last Will and Testament (called here my "Will"), and

I hereby revoke any Wills and Codicils earlier made by me.

1. GIFTS. I give the following gifts which are specific gifts except any gifts of money amounts are general gifts:

I give ___________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ___________________________________________________ if they survive me;

I give ____________________________________________________________

to ________________________________________________ if they survive me; and

I give ____________________________________________________________

to ___________________________________________________ if they survive me.

2. TANGIBLE PERSONAL PROPERTY LIST. I may leave a list or other writing giving tangible personal property as allowed by Missouri or other law, and I hereby authorize any such list and make the gifts described.

3. RESIDUE. I give all my property and estate remaining and not given or used by other provisions of this Will or by law, whether now owned or later acquired, wherever located, and of any kind and nature including real property (all of which is called the “residue” in this Will), as follows: to ____________________________________________________ if they survive me, but if they all do not survive me then I give the just described property to ______________________________________ or their lineal descendants per stirpes.

4. ADMINISTRATION. I name and appoint _______________________ as personal

representative of my Will and my estate, who is also called in this Will “executor”.

5. MISCELLANEOUS. The following applies to this Will and generally.

Will provisions for a spouse are in lieu of a spouse’s rights to exempt property, homestead allowance, and allowance for maintenance of Mo. Rev. Stat. § 474.260, and taking under this Will or consenting thereto waives these. Also, gifts to a spouse described in this Will are reduced by the value of any of these paid to a spouse.

A gift to multiple beneficiaries shall be sold by the personal representative and the proceeds distributed unless beneficiaries agree on how to use the gift.

For a gift to multiple beneficiaries the share of a gift of a non-surviving beneficiary shall usually pass to surviving beneficiaries in proportion to their share of the gift.

Any personal representative, guardian, or conservator of any type is given as much power, authority, and discretion that may be given by law, including to with no liability for change in value sell, lease, assign, mortgage, invest, exchange, and transfer in any way any property, settle claims for and against the estate or any person, and have power of sale over real property, with no need for action to or of a court and any filing or inventory.

My personal representative may and has power to any time pay debts and fees of mine or my estate that my personal representative in his or her sole and absolute discretion finds are valid including timely and fair, including for a last illness or funeral expenses or grave marker, all with no limit on amount despite any law, no need for filing or inventory or similar, and no need for action to or of a court.

“Survive” and “surviving” means to live or exist normally 30 days after testator dies.

The residue includes lapsed gifts, failed gifts, insurance paid to the estate, and property testator had a power of appointment or testamentary disposition over.

If a list or written statement signed or handwritten by me gives tangible personal

property as allowed by law then I make such gifts, and all such writings are intended to be and should be construed as a single document to be followed. If any property is given on multiple pages the more recently done page controls. However gifts on any such writing not found by 60 days after my death shall abate and be of no effect.

For gifts to a minor my personal representative without act of any court has discretion and power to transfer property to the minor, conservator named by Will or court for the minor, adult the minor resides with, or custodian under the Missouri Transfer to Minors Law or similar law. The person named in this Will to be conservator is hereby named as custodian under the Missouri Transfer to Minors Law or similar law for minors receiving Will gifts, or if they fail to serve my personal representative may designate a custodian.

“Give” and “gift” means the same as a devise, bequest, grant, legacy or similar.

Priority of gifts of the same type is based on the order they appear in this Will.

Plural, singular, or gender meaning of words and phrases do not limit any Will provision, and “they” means one or several persons or entities.

I request independent and informal administration and probate of my Will and estate.

Any personal representative, conservator, or guardian of any type serving under this Will or otherwise shall serve without bond, surety, or other security.

TESTATOR. .

IN WITNESS WHEREOF, I sign my name below to this instrument, this ___ day of

________________, 20___, and do declare that I sign and execute this instrument as my Last Will and Testament, that I sign it willingly as a free and voluntary act for the purposes expressed therein, and that I am at least 18 years of age and of sound mind and under no constraint or undue influence.

______________________________

Testator

WITNESSES. .

We, the undersigned, declare in our presence the foregoing instrument was willingly published, declared, and signed by the above-named Testator as his or her Last Will and Testament, that to the best of our knowledge the Testator is at least 18 years of age and of sound mind and under no constraint or undue influence, and that each of us in the presence and hearing of Testator and each other hereby sign our names as witnesses.

___________________ __________________________________________________

Witness Address

___________________ __________________________________________________

Witness Address

FORM 3:

SELF-PROVING AFFIDAVIT

SELF-PROVING AFFIDAVIT

THE STATE OF __________________ ) . ) ss. COUNTY OF ____________________ )

I, the undersigned, an officer authorized to administer oaths, certify that ______________________________, the testator, and the witnesses, whose names are signed to the attached or foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that

the testator signed and executed the instrument as his last will, and

that he had willingly signed or willingly directed another to sign for him, and

that he executed it as his free and voluntary act for the purposes therein expressed; and

that each of the witnesses, in the presence and hearing of the testator, signed the will as witness and

that to the best of his knowledge the testator was at that time eighteen or more years of age, of sound mind, and under no constraint or undue influence.

In witness whereof I have hereunto subscribed my name and affixed my official seal this ____ day of _____________________, 20 ____.

(Signed) _________________________ (SEAL)

________________________________ (Official capacity of officer)

FORM 4:

TANGIBLE PERSONAL PROPERTY LIST

TANGIBLE PERSONAL PROPERTY LIST.

This is a separate writing that gives tangible personal property that is referred to in my Last Will and Testament. Additional pages may be used.

I, the undersigned, wish this list to dispose of the following tangible personal property if it is not otherwise specifically disposed of by my Will. I give property listed below to the recipient named next to property items but only for those who survive me as my Will defines.

PROPERTY ITEMS NAMES OF BENEFICIARIES

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________

______________________________________ ______________________ ______________________________________ ______________________

Date: _________________ Signed: ___________________________

WARNING: Items of property and beneficiaries must be described with reasonable certainty and, also, property given can only be tangible personal property not specifically given in a Will and can not be money (cash or coin), property used in trade or business, evidence of debt, documents of title, securities, and not any intangible personal property.

FORM 5:

FORM 5: Durable Power Of Attorney For Health

Care Choices & Health Care Choices

Directive (“advance directive”)

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FORM 6:

DECLARATION (“LIVING WILL”)

D E C L A R A T I O N.

I have the primary right to make my own decisions concerning treatment that might unduly prolong the dying process. By this declaration I express to my physician, family and friends my intent. If I should have a terminal condition it is my desire that my dying not be prolonged by administration of death-prolonging procedures. If my condition is terminal and I am unable to participate in decisions regarding my medical treatment, I direct my attending physician to withhold or withdraw medical procedures that merely prolong the dying process and are not necessary to my comfort or to alleviate pain. It is not my intent to authorize affirmative or deliberate acts or omissions to shorten my life rather only to permit the natural process of dying.

Signed this ___ day of _____________________, 20___.

Signature _____________________________

City, County and State of residence _________________________________________

The declarant is known to me, is eighteen years of age or older, of sound mind and voluntarily signed this document in my presence.

Witness ______________________

Address _____________________________________________________________

Witness ______________________

Address _____________________________________________________________

REVOCATION PROVISION

I hereby revoke the above declaration.

Signed _____________________________

(Signature of Declarant)

Date _____________________

FORM 7:

DO-NOT-RESUSCITATE

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DO-NOT-RESUSCITATE “WALLET CARD”

(OPTIONAL)

FORM 8:

GENERAL DURABLE POWER OF ATTORNEY

GENERAL DURABLE POWER OF ATTORNEY

I, ______________________ of __________ County, Missouri, as the Principal making this Power of Attorney do hereby name and appoint ____________________________ of __________ County, Missouri, as my Attorney-in-Fact.

I give my Attorney-in-Fact full power, authority, and discretion to do and perform all and every act or other thing as I might or could do if personally present at the time.

THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE

IN WITNESS WHEREOF, I sign this document on __________________ 20___.

Signature: ____________________

WE WITNESSES, each say and declare we are at least 18 years old and the person who signed above voluntarily did so in our presence and appears to be of sound mind.

Signature: _________________ Address: ____________________________________

Signature: _________________ Address: ____________________________________

STATE OF MISSOURI )

COUNTY OF _________________ ) ss.

On _____________, 20 __, personally appeared before me _______________________ , known by me to be the person who executed this document and acknowledged it as his/her free act and deed. In witness whereof, I have set my hand and affixed my official seal in the county and state stated above, the day and year written just above.

Notary Signature: ___________________

FORM 9:

POWER OF ATTORNEY OF PARENT

POWER OF ATTORNEY OF PARENT.

I, __________________________ of ____________ County, Missouri, am a parent of

the minor child named __________________________ born on ________________.

I hereby appoint ____________________________ of ________________ County, Missouri, as my Attorney-in-Fact to act for me in any matter involving the child named above in any way or degree, including without limitation the child’s care and custody, and also including without limitation the child’s health care including emergency or non-emergency care, diagnosis, medication, X-rays or scans or any nature, tests, dental care, and use or admission to any facility or other place of any kind, all without need to contact me or other person at any time.

I give my Attorney-in-Fact full power, authority, and discretion to do and perform all and every act or other thing as I might or could do if personally present at the time except power to consent to marriage and adoption.

THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE

This power is given pursuant to Missouri Statute section 475.024 or similar law.

This Power of Attorney shall be in full force and effect for 1 year after signing.

IN WITNESS WHEREOF, I sign this document on __________________ 20___.

Signature: ____________________

WE WITNESSES, each say and declare we are at least 18 years old and the person who signed above voluntarily did so in our presence and appears to be of sound mind.

Signature: _________________ Address: ____________________________________

Signature: _________________ Address: ____________________________________

STATE OF MISSOURI )

COUNTY OF _________________ ) ss.

On _____________, 20 __, personally appeared before me _______________________ , known by me to be the person who executed this document and acknowledged it as his/her free act and deed. In witness whereof, I have set my hand and affixed my official seal in the county and state stated above, the day and year written just above.

Notary Signature: ___________________

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