Living Trust Last Will and Testament TX
Living Trust Last Will and Testament TX
Living Trust Last Will and Testament TX
THE
LAST WILL AND TESTAMENT
OF
Jane Doe
DECLARATION
I, Jane Doe, also known as Jane Smith, a resident of the state of Texas and
county of Harris and being of sound mind and memory, do hereby make, publish,
and declare this to be my last will and testament, thereby revoking and making null
and void any and all other last will and testaments and/or codicils to last will and
testaments heretofore made by me. All references herein to “this Will” refer only to
this last will and testament.
FAMILY
[This section varies based upon your marital and parental status.]
At the time of executing this Will, I am married to John Doe. The names of
my children are listed below. Unless otherwise specifically indicated in this Will,
any provision for my children includes the below-named children as well as any
child of mine hereafter born or adopted.
Ann Doe
Charles Doe
DEBT
If my executor cannot collect from any person interested in the estate the
amount of tax apportioned to that person, the amount not recoverable will be
equitably apportioned among the other persons interested in the estate who are
subject to apportionment.
[The following section only appears if you include instructions to your executor or guardians, if
applicable.]
SPECIAL DIRECTIVES
Sample.
DISTRIBUTION
I give, devise and bequeath all of the rest, remainder and residue of
my Estate, whether real or personal property of whatsoever kind or character
and wherever situated, to the Trustee(s) of The Jane Doe Living Trust, dated
___________________, 20___, as then written or thereafter amended, to be added
to the principal of that Trust and to be held, administered and distributed under
the Declaration of Trust and any amendments made to it. If at the time of my death
the Trust is revoked or fails for any reason, I incorporate herein by reference the
EXECUTOR NOMINATION
If, for any reason, my first nominee executor is unable or unwilling to serve
or to continue to serve as executor of this Will, I nominate Judy Smith to be the
executor of this Will.
If, for any reason, all of the nominees designated above are unable or
unwilling to serve or to continue to serve as executor of this Will, I nominate Paul
Smith to be the executor of this Will.
If there are two co-executors serving, they shall act by unanimous agreement.
If there are more than two co-executors serving, they shall act in accordance with
the decision made by the majority of co-executors.
GUARDIAN NOMINATION
I nominate James Smith to be the guardian of the person and estate of each
minor child of mine.
If, at any time during the minority of any child of mine, my first nominee
guardian, for any reason, is unable or unwilling to serve or to continue to serve as
guardian of the person and estate of each minor child, I nominate Judy Smith to be
the guardian of the person and estate of each minor child of mine.
If, at any time during the minority of any child of mine, none of the
individual(s) named above are able and willing to serve or to continue to serve as
guardian of the person and estate of each such child, I nominate Paul Smith to be
the guardian of the person and estate of each minor child of mine.
[The following section only appears if you nominate a guardian of a minor child.]
The term “guardian” as used in this Will includes any person herein named
as a guardian of both the person and estate of my minor children.
I direct that the guardian of my minor children perform all acts, take all
proceedings, and exercise all such rights and privileges, although not specifically
mentioned in this Will, with relation to any matter affecting both the person and
estate of those minor children.
NONLIABILITY OF FIDUCIARIES
Any fiduciary, including my executor and any trustee, who in good faith
endeavors to carry out the provisions of this Will, will not be liable to me, my estate,
my heirs, or my beneficiaries for any damages or claims arising because of their
actions or inaction, or the actions of any predecessor fiduciary acting pursuant to
this Will. My estate will indemnify and hold them harmless.
SAVINGS CLAUSE
___________________________________
(Signature of Jane Doe)
Date: ______________________________
This last will and testament, which has been separately signed by Jane Doe,
the testator, was on the date indicated below signed and declared by the above
named testator as his or her last will and testament in the presence of each of us.
We, in the presence of the testator and each other, at the testator’s request, under
penalty of perjury, hereby subscribe our names as witnesses to the declaration and
execution of the last will and testament by the testator, and we declare that, to the
best of our knowledge, said testator is eighteen years of age or older, of sound mind
and memory and under no constraint or undue influence.
1. ______________________________ _________________________________
(Signature of witness) (Print Name)
Date:___________________ _________________________________
(Address)
_________________________________
(City, State, ZIP)
2. ______________________________ _________________________________
(Signature of witness) (Print Name)
Date:___________________ _________________________________
(Address)
_________________________________
(City, State, ZIP)
State of Texas
County of _________________
Before me, the undersigned authority, on this day personally appeared Jane Doe,
___________________________, and ___________________________, known to me to be the
testator and the 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, Jane Doe, testator, declared to me and to the said witnesses in my presence
that said instrument is the testator’s last will and testament, and that the testator had
willingly made and executed it as the testator’s free act and deed; and the said witnesses,
each on his or her oath stated to me, in the presence and hearing of the said testator, that
the said testator had declared to them that said instrument is the testator’s last will and
testament, and that the testator executed 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 and at the testator’s request; that the testator
was at that time eighteen 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 years of age.
______________________________
Signature of Jane Doe
______________________________ ______________________________
Signature of Witness Signature of Witness
______________________________
(Personalized Seal) Notary Public's Signature
[The document only appears if you include final instructions and varies based upon your
preference for the disposition of your remains.]
I, Jane Doe, the undersigned, having previously executed a last will and
testament on the date hereof, hereby state that, in addition to the directives and
bequests set forth in said last will and testament, it is my desire that my remains be
treated in the manner described below.
Sample.
Dated:_______________ _______________________________
(Signature of Jane Doe)
ACKNOWLEDGMENT
State of Texas
County of ________________
Before me on this day personally appeared Jane Doe, known to me (or proved to
me on the oath of ____________________ or through (description of identity card
or other document)) to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he or she executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this __________ day of __________,
__________.
__________________________
(Personalized Seal) Notary Public's Signature
These are sample documents for the State of Texas. Actual content differs by state and may vary
based on your answers to the LegalZoom questionnaire.
LegalZoom grants you permission to view and print these sample documents for your personal,
informational, and non-commercial use. They may not be reproduced or sold for any purposes. Your
answers to the LegalZoom questionnaire have not been applied to these sample documents so they
are not fit for use.
© LEGALZOOM.COM, INC.