Simple Will to Spouse/Children
LAST WILL AND TESTAMENT
County, publish and declare this to be my Will and revoke all former Wills and Codicils executed by me.
IDENTIFICATION OF FAMILY
My spouse’s name, and the person referred to herein whenever the term “my spouse”
is used, is
. My children now living are
. All references herein to my "child" or "children" shall include
the above-named child or children, as well as all children hereafter born to or adopted by me.
DEBTS AND EXPENSES
My executor shall pay my debts, costs of administration and expenses of last illness
and burial from my estate; provided, however, that my executor shall not accelerate and
prepay the principal balance remaining on any mortgage, installment purchase contract, or
other evidence of indebtedness secured by a security interest upon any property or interest in
property I own, unless my executor, in its sole discretion, determines that it is in the best
interests of my beneficiaries to do so.
I direct my executor to distribute my tangible personal property to my spouse, if my
spouse survives me by 60 days. If my spouse does not survive me by 60 days, such property
shall be distributed with substantial equality to my living children or shall be sold and the
proceeds distributed with the residue of my estate, as my executor shall determine.
PAYMENT OF TAXES
I direct that all inheritance, estate, succession, or other similar taxes (excluding,
however, any generation-skipping taxes) against my taxable estate or the recipients thereof,
including any taxes arising from the transfer or receipt of assets that are not part of my probate
estate, shall be paid from the residue of my estate. Such taxes shall not be charged against
the respective beneficiaries, and my executor shall not seek reimbursement from anyone
therefor, except to the extent that my executor has a right by reason of Sections 2207 or
2207A of the Internal Revenue Code to seek contribution or reimbursement for taxes resulting
from the inclusion in my estate of property over which I have a power of appointment or in
which I have a qualified income interest for life.