LAST WILL AND TESTAMENT
I, , of the County of and the State of , being in good health, of sound and disposing mind and memory, do make and declare this instrument to be my Last Will and Testament, hereby expressly revoking all former Wills and Codicils made by me at any time heretofore, and intending hereby to dispose of all the property of whatever kind and wherever situated which I own, or in which I have any kind of interest at the time of my death.
IDENTITY OF THE FAMILY
Spouse: I have not been Married.
Children: At the time of the execution of this Will, I have 0 children,
PAYMENT OF EXPENSES
I direct that all the expenses of my last illness, my funeral expenses, and my just personal debts, including any inheritance taxes, transfer taxes, and estate taxes which may be levied by the United States Government or by any state by reason of my death, shall be paid by my Independent Executrix out of the residue of my estate as soon as conveniently may be done; provided that my Independent Executrix, in such Executrix's sole discretion, may distribute from time to time any real or personal property in my estate which at my death is subject to a lien securing an indebtedness upon it without discharging said indebtedness, if in my Independent Executrix's judgment, the condition of my estate so requires. The distributee shall then be considered as having received my estate's equity in the property.
DISPOSITION OF ESTATE
A. I give, devise and bequeath all my residences, subject to any mortgages or encumbrances thereon, and all policies and proceeds of insurance covering such property, to my wife, . If she does not survive me, I give that property to my children.
B. If my spouse, , survives me, I give, devise and bequeath all of the rest of my estate of whatsoever kind and wheresoever situated to my spouse, . If my spouse, , does not survive me, I give, devise and bequeath all of the rest of my estate to my children, , in equal shares; provided, however, that if a child of mine shall not then survive me, but should leave issue then surviving me, such then surviving issue shall take, per stirpes, the share that such deceased child would have taken by surviving me, or if none is then living, then said share shall be distributed to my then living child or his or her issue, per stirpes, or if none of my descendants is then living, then said share shall be distributed as provided in the paragraph below.
C. Any other property of mine that has not been disposed of under any other provision of this Will shall go and be distributed to my heirs-at-law. Their identity and respective shares shall be determined in all respects as if my death had occurred immediately following the happening of the event requiring such distribution, and according to the laws of Texas then in force governing the distribution of the estate of an intestate.
DEFINITION OF SURVIVAL
Any legatee, devisee, donee, person or beneficiary with respect to all or any part of my estate who shall not survive until ninety (90) days after the date of my death, or until this Will is probated, whichever occurs earlier, shall be deemed to have predeceased me, and shall be treated for all purposes herein as though such person had predeceased me. Any person who is prohibited by law from inheriting property from my estate shall be treated as having failed to survive me.
APPOINTMENT OF EXECUTOR
POWERS OF EXECUTOR
The estate created or arising by virtue of my death and this instrument, my Last Will and Testament, shall be governed by and administered in accordance with the following provisions:
A. I hereby grant unto my Independent Executrix or any successor named above, full power and authority over any and all of my estate and they are hereby authorized to sell, manage, and dispose of the same or any part thereof, and in connection with any such sale or transaction, make, execute and deliver proper deeds, assignments and other written instruments and to do any and all things proper or necessary in the orderly handling and management of my estate.
B. My Independent Executrix or any successor named above, shall have full power and authority to compromise, settle and adjust any and all debts, claims and taxes which may be due from or owing by my estate.
C. My Independent Executrix or any successor named above, shall have full power and authority to deal with any person, firm, or corporation.
D. My Independent Executrix or any successor named above, shall have full power to borrow money at any time and in any amount from time to time for the benefit of my estate, from any person, firm, or corporation or from any bank or trust company and to secure the loan or loans by pledge, deed of trust, mortgage or other encumbrances on the assets of the estate and from time to time to renew such loans and give additional security.
E. The Independent Executrix shall serve without compensation.
APPOINTMENT OF GUARDIANS
In the event that any child of mine is incapacitated, as defined in Section 1002.017, Texas Estates Code, or has not reached the age of eighteen (18) years at the date of my death, and my spouse is not then alive, then in such event, I nominate and appoint Tony Stark, to act as
No interest of any beneficiary in the corpus or income of my estate shall be subject to assignment, alienation, pledge, attachment, or claims of creditors of such beneficiary and may not otherwise be alienated or encumbered by such beneficiary, except as may be otherwise expressly provided herein.
WILLS NOT CONTRACTUAL
My spouse and I are executing Wills at approximately the same time in which each of us may be a primary beneficiary of the Will of the other. These Wills are not executed because of any agreement between my spouse and myself. Either Will may be revoked at any time in the sole discretion of the maker thereof.
DEFINITIONS AND INTERPRETATIONS
For purposes of interpretation of this, my Last Will and Testament, and the administration of the estate established herein, the following provisions shall apply:
A. The words "child, children, descendants, issue," and similar terms shall be deemed only to include children born to, or adopted (on or before eighteen years of age) by me or my descendants.
B. When a distribution is directed to be made to any person's descendants "per stirpes," the division into stirpes shall begin at the generation nearest to such person that has a living member.
C. The use of the masculine, feminine or neuter genders shall be interpreted to include the other genders, and the use of either the singular or the plural number shall be interpreted to include the other number, unless such an interpretation in a particular case is inconsistent with the general tenor of this instrument. Any references herein relating to my Independent Executrix shall include her successors regardless of the gender of the successors.
D. This Will shall be probated in accordance with the laws of Texas, and should any provisions of the same be held unenforceable or invalid for any reason, the unenforceability or invalidity of said provision shall not affect the enforceability or validity of any other part of this Will.
I, , as Testator, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my Will, that I willingly make and execute it in the presence of the undersigned witnesses, all of whom are present at the same time, as my free act and deed, and that I request each of the undersigned witnesses to sign this Will in my presence and in the presence of each other. I now sign this Will in the presence of the attesting witnesses and the undersigned authority on this _____ day of _________________________, 2015.