Last Will And Testament Page 2

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3. RESIDUE. I give the rest, residue, and remainder of my estate including all property I
can distribute by Will not distributed by the preceding provisions of this Will, including any real
property, personal property, or other property of any kind and wherever located, whether now
owned or later acquired by me (called in this Will the "residue"), to:
_______________________________________________________ if they survive me, but if
they all do not survive me I give the just described property to
________________________________________ or their lineal descendants per stirpes.
Part of this residue section may be left unfilled or empty, and used parts should be given effect.
4. ADMINISTRATION. I name and appoint ____________________________________
as executor of my Will and my estate.
5. MISCELLANEOUS. The following applies to this Will and generally.
The priority of Will gifts of the same type is based on the order they appear in a Will.
No unfilled Will part is a mistake but is intentional, including for parts about the residue.
Any executor or guardian of any type acting under this Will or otherwise shall serve without
bond, surety, or other security including for performance of their duties.
Any executor shall not be paid compensation for their work or time spent as executor.
An executor shall sell a gift unless all beneficiaries getting it agree on its use or sale.
Plural, singular, or gender meanings do not limit any Will part, such as use of “they”.
The words “give” and “gift” mean the same as devise, bequest, grant, legacy or similar.
The words “survive” or “surviving” in a gift or other place creates an absolute condition that
must be met or a gift fails and anti-lapse laws or similar have no effect.
Any person or entity not surviving me by 60 days shall be deemed to not survive me.
Any executor is appointed and shall serve as independent executor and independent
administration may be used, and I direct no action shall be had in the county court in relation to
the settlement of my estate other than the probating and recording of this Will and the return of
the statutory inventory, appraisement, and list of claims of my estate.
For gifts to multiple beneficiaries a non-surviving beneficiary’s share goes to other
beneficiaries in proportion to shares they are taking, including for the residue or if a gift requires
or mentions survival, but not if an alternate beneficiary is provided in the Will.
Any executor and guardian of any type is given as much power, authority, and discretion that
may be given by law, including power to (with no liability for change in value) sell, lease, assign,
mortgage, invest, operate, hold, exchange and transfer any way any property including of the
estate, settle claims for or against the estate or others, do any tax action or filing, and have power
of sale for real property, all with no need for inventory or filing or any act of a court or others.
Any executor has power to take any action involving an ancillary estate, give different kinds,
portions or undivided interests in property to beneficiaries and assign value to all things, and do
any distribution or division of my estate or property in cash or in kind.
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