Real estate law homework

LAST WILL AND TESTAMENT

OF

I, ____________________, a resident of _________________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

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.

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 ________ days after the qualification of my personal representatives, it shall be presumed that there is no such 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 such writing in existence at my death) to___________________________, if he or she survives me, or if not, to ____________________________, and ______________________, in approximately equal shares as they may agree, or lacking agreement, as determined by my personal representative".

ARTICLE IV

Disposition of Property

I give and devise all of the rest, residue, and remainder of my estate, real, personal, and mixed, wherever situated, to ______________________________-, in equal shares, if they survive me, or, if not, to _______________________. "If ______________________________ (name of alternate beneficiary(ies) should predecease me, his or her share of my residuary estate shall be distributed to his or her descendants who survive me, in equal shares per stirpes, or if none, to my descendants who survive me, in equal shares per stirpes".

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, to properly 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

Appointment of Guardian

I appoint _____________________ as guardian of the persons and, if necessary, the property, of any of my minor children who survive me, to have exclusive control over their custody, care, and education.

I direct that no bond or other security be required of any guardian in any jurisdiction for the faithful performance of his duties as guardian.

ARTICLE VII

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 concerning 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 VIII

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 IX

Appointment and Powers of Personal Representatives

I appoint _________________________ as personal representative of my estate, and I direct that no bond for the faithful performance of his duties as personal representative be required of him. In addition to all powers granted to my personal representative by law, I authorize my personal representative, if and whenever in his discretion he 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 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 X

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 will, 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 10, 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 _______________________________

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 10, 2016.

Notary Public - State of Florida

(Seal)