DIY Legal Forms

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Testamentary Estate Trust Qualifying for Marital Exemption

Introduction. I, [name of testator], a resident of and domiciled in [city, county, state], make, publish, and declare this to be my Last Will and Testament, hereby revoking all former wills made by me.

1. Direction to Pay Debts. I direct my Executor to pay my just debts and funeral expenses as soon after my Executor's appointment as possible.

2. Bequest to Estate Trust. If my Spouse [name] shall survive me, I give, devise, and bequeath to my Trustee hereinafter named, in trust, the residue of my property of whatsoever nature and wheresoever situated to invest and reinvest the same, to collect the income thereof, and to pay the net annual income to, or apply the same for, the benefit of my Spouse. In addition, my Trustee is authorized to pay to my Spouse, or apply for my Spouse's benefit, such amount or amounts of the principal of this trust, including the entire amount thereof, at any time that my Trustee, in my Trustee's sole and absolute discretion deems it advisable for my Spouse's maintenance, support, comfort, or welfare. Neither my Trustee nor my Spouse may invade the principal of this Trust during my Spouse's life for the benefit of any person other than my Spouse. Upon my Spouse's death, I direct that the entire principal of this Trust together with all income accrued thereon be paid to the executor or executrix of my Spouse's estate or, if my Spouse should die intestate, to the administrator or administratrix of my Spouse's estate.

3. Bequests If Spouse Dies Before Testator. If my Spouse shall predecease me, then I give, devise, and bequeath all of my property, of whatever nature and wheresoever situated as follows:

[describe distribution].

4. Executor and Trustee-Appointment, Powers, and Elections.

a. Appointment of Executor and Trustee. I nominate and appoint [name], whose principal office is located at [address], to be Executor and Trustee of this Will. I direct that my Executor and Trustee not be required to post any bond or other undertaking for the faithful discharge of Executor and Trustee's duties in any jurisdiction. I direct that my Executor's and Trustee's compensation be fixed by the laws of [state].

b. Executor and Trustee's Powers. In addition to the powers conferred upon them by the laws of [state], I grant to my Executor and Trustee the following powers:

i. Borrow money. Borrow money from any source.

ii. Transfer or pledge assets. Sell, lease, transfer, mortgage, pledge, or encumber all or any part of the assets of the Trust upon such terms as my Executor and Trustee deems prudent.

iii. Unlimited right of investment. Invest or reinvest any part of the Trust as my Executor and Trustee deems sound without being limited by the provisions of any statutes, laws, or decisions of any court of [state].

iv. Retain assets. Retain any assets owned by Testator at the time of Testator's death and bequeathed or devised to the Trust as long as such retention is deemed advisable. No sale of any of such assets need be made solely for the purpose of diversifying the Trust's assets.

v. Oil and gas Investments. Buy, exchange, or deal in oil, gas, or mineral leases or other investments and release or surrender the same in whole or in part.

vi. Use nominees. Register securities in the name of nominees or nominee corporations, including that of my Executor and Trustee.

vii. Partition property. Partition assets when a distribution is made in cash or kind, or partly in cash and partly in kind. My Executor and Trustee's judgment concerning the propriety of a partition and the relative values of the property partitioned shall be binding and conclusive on all persons interested in the Trust as long as my Executor and Trustee acts in good faith.

IN WITNESS WHEREOF, I have set my hand and seal this [date].

. . . . . . LS


*** If Required By State Law ***

This Section for Notary:


STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.


[Name of Notary Public]

My commission expires: [date]