Real Estate Law Assignment

LAST WILL AND TESTAMENT

OF

____________________________

I, ____________________________, a resident of Miami dade County, Florida, and a citizen of the United States, declare this to be my Last Will and Testament, revoking all other wills and codicils previously made by me.

ARTICLE I

Debts and Funeral Expenses

I direct that all of my just unsecured debts and funeral expenses be paid as soon after my death as reasonably may be convenient, and I authorize my personal representatives to settle any claim against my estate in their absolute discretion.

ARTICLE II

Expenses of Administration

Except as provided in this document, I direct that all expenses of administering my estate (including expenses payable with respect to assets not passing under this will) be paid out of my residuary estate. All expenses of packing, storing, and shipping my tangible personal property shall be paid as expenses of administration. In the event the ____________________________ Living Trust is in existence at the time of my death, the trustees of that trust may be directed to pay funeral expenses, debts, and administrative expenses, and estate or inheritance taxes, if any. In that case, my personal representatives need not dispose of assets in my probate estate for the purpose of the payment of those expenses and taxes if it is more convenient to use funds available in the trust.

ARTICLE III

Tangible Personal Property

I give and devise certain items of my tangible personal property to the persons named in the last dated writing signed by me and in existence at the time of my death. If no separate writing is found and properly identified by my personal representatives within zero (________________) days after the qualification of my personal representatives, it shall be presumed that there is no separate writing, and any subsequently discovered writing shall be ignored. I give and devise all of the remainder of my tangible personal property (or all of my tangible personal property in the event there is no separate writing in existence at the time of my death) to ________________________, if she survives me, or if not, to _______________________________________lly, my ____________, in approximately equal shares as they may agree, or lacking agreement, as determined by my personal representative".

ARTICLE IV

Residuary Estate

I give and devise all of the rest, residue, and remainder of my estate, real, personal, and mixed, wherever situated, to the trustees of the ____________________________ Living Trust, created by agreement on July ___ 2016, to be held, administered, and distributed as an integral part of that trust. This gift shall not be invalidated by a subsequent modification or amendment of that trust agreement, but that trust agreement, as last amended, shall remain in effect for the purpose of expressing the trusts imposed on this gift. Any portion of the property hereby given to the trustees, which immediately would be subject to final distribution by the trustees, may be distributed by my personal representatives directly to the beneficiaries thereof, to avoid the needless transfer through the trustees.

In the event the trust has been revoked or for other reasons is not in existence at the time of my death, I incorporate by reference into this document the terms of that trust agreement as of today's date, without giving effect to any amendments made after today's date, and I give and devise the residue of my estate to the trustees named in that trust agreement as trustees, to be held, administered, and distributed as provided in that instrument.

ARTICLE V

Disabled Beneficiaries

Whenever any property of my estate is required to be paid to a minor, a person under legal disability, or a person not adjudicated incapacitated but who, by reason of illness or mental or physical disability, is unable, in the opinion of my personal representatives, properly to administer the property, payment thereof may be made

a. directly to the beneficiary;

b. to the legally appointed guardian of the person or guardian of the property of the beneficiary;

c. to some near relative of the beneficiary, to be applied for the benefit of the beneficiary;

d. directly for the benefit of the beneficiary; or

e. to a custodian for a minor beneficiary under the Florida Uniform Transfers to Minors Act.

ARTICLE VI

Simultaneous Death Clause

Notwithstanding anything to the contrary contained herein or in any statute, if any beneficiary and I die under any circumstances in which there is insufficient evidence to prove who died first or insufficient evidence to prove that we died otherwise than simultaneously, or if any beneficiary survives me but dies within ninety (90) days of my death, all of my property passing under this will shall be disposed of as if the beneficiary had predeceased me.

ARTICLE VII

Assets Passing Outside This Will

I hereby confirm that all properties - real, personal, and mixed - including bank accounts, held in my name and that of any person as joint tenants with rights of survivorship, are intended to pass by operation of law and not under this will. It also is my intent that assets with a named beneficiary pass to the named beneficiary by operation of law and be affected by this will only to the extent that my estate or any trust hereunder is named as beneficiary or the asset would pass to my estate or any trust hereunder because of the provisions of any agreement controlling the disposition of the asset.

ARTICLE VIII

Appointment and Powers of Personal Representatives

I nominate and appoint _____________________________________ as personal representative of my estate, and I direct that no bond for the faithful performance of the duties as personal representative be required of him. In addition to all powers granted to my personal representative by law, I authorize and empower my personal representative, if and whenever in his or her discretion he or she deems it advisable, for any purpose whatsoever, to make and enter into contracts; to sell the whole or any part of my real or personal property without court approval, at public or private sale; and to execute and deliver all deeds and instruments of transfer necessary or proper to pass the title thereto. My personal representative shall have the right to make distribution of my estate non-pro rata among the beneficiaries. If _____________________________________ shall fail or cease to serve as my personal representative for any reason, I then nominate and appoint _________________________________________ as successor personal representative, to serve without bond and with all of the powers, discretions, and immunities granted above to my personal representative.

ARTICLE IX

Miscellaneous

The headings used herein are intended solely for use as reference and are not intended to be a part of this will.

When necessary or appropriate to the meaning in this document, the singular and plural shall be interchangeable, and words of any gender shall include all genders.

I sign and publish this as my Last Will and Testament, the same consisting of         pages, each page of which bears my initials or my signature, all in the presence of two individuals witnessing and attesting the same at my request in the State of Florida, on July ___, 2016.

____________________________

Testator

We certify that the above instrument was signed, published, and declared by ____________________________, as his LAST WILL AND TESTAMENT in our joint presence and at his request we signed our names as attesting witnesses in his presence and in the presence of each other on July ___, 2016.

Witness

Witness

STATE OF FLORIDA

COUNTY OF MIAMI DADE

I, ____________________________, declare to the officer taking my acknowledgment of this instrument, and to the subscribing witnesses, that I signed this instrument as my Will.

____________________________

Testator

We, _____________________________ and __________________________________, have been sworn by the officer signing below, and declare to that officer on our oaths that the testator declared the instrument to be the testator's Will and signed it in our presence and that we each signed the instrument as witnesses in the presence of the testator and of each other.

Witness

Witness

Acknowledged and subscribed before me by the testator, ____________________________, who is personally known to me or who has produced ________________________ as identification, and sworn to and subscribed before me by the witnesses, _____________________________, who is personally known to me or who has produced _____________________ as identification and __________________________________, who is personally known to me or who has produced ____________________ as identification, and subscribed by me in the presence of the testator and the subscribing witnesses, all on July ___, 2016.

Notary Public - State of Florida

(Seal)