Redacted Document Sample - Introduction and Background On Will Document Package

The following is a redacted sample of the Introductory material included in our Marital Will Packages. There will be some deviations in some states. Documents in the packages are in both Microsoft Word and Rich Text Format. Documents include an automated merge template system which permits you to insert your personal information and merge that information into your customized will document.

You can view other portions of the product by clicking on the following links: Format Will (both husband and wife included in package); Health Care Power of Attorney (both husband and wife included in package); General Durable Power of Attorney (both husband and wife included in package); Background/Introduction; Instructions

DOCUMENT BEGINNING

Thank you for selecting our Wills package.

 

Your package includes the following documents:

 

·  Simple Wills for each spouse;

·  A Durable Power of Attorney for each spouse; and

·  Durable Powers of Attorney for Health Care for each spouse.

 

About the Wills Package.  This Will package is designed for a husband and wife with four (4) children.  If you have more or less than four (4) children, the package is easily modifiable to your particular situation.

 

Upon the death of the first spouse to die, this Will package requests that the surviving spouse receive all of the probate estate assets.  The Will package includes a specific bequest form which allows you to bequest specific items to certain named individuals, for example, a ring or family heirloom.

 

Upon the death of the surviving spouse (second spouse to die), the Will package bequests the entire estate to your surviving children. If a child should pre-decease you, the interest that would have passed to that child, had the child survived, is bequeathed by right of representation to the decea [Portion Redacted - Included In Fully Licensed Version] al descendants who survive you.  Meaning, your deceased child’s share is to be divided in equal shares, one share for each of the deceased child’s surviving children (your grandchildren).  If there are no su [Portion Redacted - Included In Fully Licensed Version] al descendants of the deceased child, the interest that would have passed to the deceased child is bequeathed to your other living children in equal shares.

 

Guardians of Minor Children. The will package requires you to name guardians for your minor children.  If you have minor children, choosing their guardians may be the single most important decision you make in connection with this trust package. All too often, this decision is left to the courts and [Portion Redacted - Included In Fully Licensed Version] ion. However, it is also the source of much dispute in and among immediate family. This can all be avoided by simple planning and follow through. In your Will package, you each are automatically named as the initial guardians of your [Portion Redacted - Included In Fully Licensed Version] ssor guardian(s) you name for your minor child(ren) will act only in the event both of you are unable to act. If you are single and/or divorced, the natural parent may have legal rights to act as the minor children's guardian. You should consult with your legal advisor if this situation applies to you s [Portion Redacted - Included In Fully Licensed Version] ans are named.

 

Follow Your Heart. The act of choosing a personal guardian for your child is apt to prove very emotional. Naturally, you don't want to die, and you certainly don't want to die before your children reach adulthood. But if something unexpected should happen, you want to make sure that your children will continue to enjoy a loving and [Portion Redacted - Included In Fully Licensed Version] is how you put the process in motion. First, sit down with a piece of paper and think of what you want for your children. Their growing up in a traditional, two-parent home may be import [Portion Redacted - Included In Fully Licensed Version] Stability and continuity definitely are the decisions you make here need to accomplish the goals you have.

 

List all the people who you think could likely fulfill these wishes. Parents, siblings and beloved friends will probably all appear on the list. Then shorten that list, taking the following criteria into account:

 

·       Emotional stability. You want someone with the temperament to raise your wonderful, but somewh [Portion Redacted - Included In Fully Licensed Version] o-year-old twins.

 

·       Religious affiliation. Religious heritage is very, very important to many people. If you are a devout Orthodox Jew, you may not want your child raised by a Catholic best friend.

 

·       Financial stability. Sure, you may have enough money to financial care for your kids after your death. But suppose your [Portion Redacted - Included In Fully Licensed Version] est? You do not want your kids to become an undue financial burden on their new guardians.

 

·       Moral code. Determine which of your ch [Portion Redacted - Included In Fully Licensed Version] ial guardians embrace a moral code you respect.

 

·       Age. You may have been raised by the most wonderful parents in the world. Thankfully, they're both still around to enjoy your children. But they're in their mid-60s, now. Do they really have the strength to look after your pre-teens? And what happens when they b [Portion Redacted - Included In Fully Licensed Version] lop their own health problems? Finally, parenting is hard work, while grand parenting is pure joy. You may think that your parents have earned the right to simple grandparenthood.

·      
Willingness. Choose someone who actua
[Portion Redacted - Included In Fully Licensed Version] to raise kids—and who wants to raise your kids, if called upon.

 

Talk to the people you're considering. Figure out who is willing to do the job, and make sure prospective guardians understand all the ramifications of your decision. Don't let anyone off with a laugh--believing that, since you're only 35, the [Portion Redacted - Included In Fully Licensed Version] led into duty.

 

If you have no minor children, it is advised that paragraph I (A) be removed/deleted from each spouses Will.  You will need to [Portion Redacted - Included In Fully Licensed Version] emaining paragraphs of Section I.

 

Personal Representatives. Your first choice for personal representatives, if married, are eachother. However, should neither of you be able or capable of acting as personal representative, you need [Portion Redacted - Included In Fully Licensed Version] act in your place.

 

Your probate administration should be administered exactly according to the terms of your Will. It is very [Portion Redacted - Included In Fully Licensed Version] ant that the terms of your Will are followed for the benefit of you and your beneficiaries. When deciding on a personal repre [Portion Redacted - Included In Fully Licensed Version] our Will, you may want to consider the following:

 

·       Administrative Experience. Is the [Portion Redacted - Included In Fully Licensed Version] on experienced at handling the responsibility of winding up your estate? Are they familiar with the legal, compliance and tax reporting responsibilities associa [Portion Redacted - Included In Fully Licensed Version] final probate administration, and do they have appropriate record keeping capabilities to handle your Will exactly as requested?

 

·       Reliability. Will the person be there for you and your beneficiaries at all times? Will distractions such as vaca [Portion Redacted - Included In Fully Licensed Version] aths or other professional and social responsibilities impede the time and effort needed to properly administer and final [Portion Redacted - Included In Fully Licensed Version] estate?

 

Automated Designations. Because it is generally advisable that your Personal Representatives under the Will also be your named agents under your Durable Powers of Attorney, your Will package auto [Portion Redacted - Included In Fully Licensed Version] se persons you designated as your Personal Representatives as your Durable Power of Attorney agents. Doing this maintains continuity in your estate plan.  However, should you desire to have different [Portion Redacted - Included In Fully Licensed Version] Personal Representatives and agents under your Durable Power of Attorney, these designations are easily modified to [Portion Redacted - Included In Fully Licensed Version] ur specific goals and desires.  As with any such modifications, however, the advice of competent legal counsel is highly recommended.

 

General Durable Power of Attorney.  A general durable power of attorney for financial affairs allows you to appoint an agent (typically referred to as an "attorney-in-fact") to make your financial decisions for you if you are [Portion Redacted - Included In Fully Licensed Version] yourself. The power of attorney is designed to avoid the expense and time delay involved in petitioning the court for the appointment [Portion Redacted - Included In Fully Licensed Version] also allows you to appoint a guardian of your choice in the event that a court appointment becomes necessary.

 

In estate planning, a Durable Power of Attorney is [Portion Redacted - Included In Fully Licensed Version] tated. It is a written document that remains valid even if you should later become unable to make your own decisions. With a Durable Power of Attorney, you appoint an agent to manage your financial affairs or conduct other business for you during your incapacitation. A durable p [Portion Redacted - Included In Fully Licensed Version] ney may be general or limited. Your trust package contains a general Durable Power of Attorney. It grants to your agent ALL powers you would have to manage your own assets and financial affairs. A limited Durable Power of A [Portion Redacted - Included In Fully Licensed Version] s, like selling or conveying a tract of property, making specific investments, or making health care decisions.

 

One of the most important parts of creating a durable power of attorney is choosing an agent. The agent is the person you choose to [Portion Redacted - Included In Fully Licensed Version] u have outlined in the durable power of attorney. It should be someone you trust to carry out your wishes, someone who will not take advantage of the fact you are incapacitated, and someone who is [Portion Redacted - Included In Fully Licensed Version] to serve as your agent. Many times the agent is a family member or close friend, but can be anyone you choose.

 

A Durable Power of Attorney for Health Care. A durable medical power of attorney (also referred to as a durable health care power of attorney or an advance directive) allows you to appoint an agent to make your me [Portion Redacted - Included In Fully Licensed Version] ou are incapable of making them for yourself. You can give your agent instructions as to what type of medical care you want or do not want, including the authority to withhold or withdraw life-sustaining procedures, if you so de [Portion Redacted - Included In Fully Licensed Version] properly drafted and signed durable medical power of attorney or living will, your spouse and/or children may not be able to control your medical care.

 

In this package, the persons you designate to make health care decisions for you, in the event you cannot, are independent fr [Portion Redacted - Included In Fully Licensed Version] nal Representatives or agents under the Durable Power of Attorney.  In other words, your choices for Personal Representatives and agents under the Durab [Portion Redacted - Included In Fully Licensed Version] automatically inserted as your health care agents. You may use the same people if you want, but you are free to name someone else should you desire to do so.

 

Like choosing a personal guardian for your children, the act of deciding to whom you'd like to give a durable power of attorney for health care can prove an emotional decision. Your trust package aut [Portion Redacted - Included In Fully Licensed Version] es your spouse as your first choice. You need however, to select two alternatives for this responsibility in the event your spouse is unable or incapable of acting as your Health Care Power of Attorney.

 

If you want to ensure that your medical wishes are carried out when

you are no longer capable of expressing them, this step must be undertaken. The issue of a court battle at the end of your life may [Portion Redacted - Included In Fully Licensed Version] t you may have relatives or other loved ones who simply refuse to accept that it's your time to go. Say you have stated, in a living will, that you do not want a ventilator employed to keep you breathing when you would ot [Portion Redacted - Included In Fully Licensed Version] ur children may not be able to accept this decision, and challenge your wishes in court. The person holding your durable power of attorney would speak on your behalf.

 

Consider the following factors in determ [Portion Redacted - Included In Fully Licensed Version] as your health care voice.

 

·       Physical proximity. Your ultimate health care crisis may be unforeseen. If you are terminally injured in a car wreck, you want someone who can get to the hospital quickly to see that medical personnel respect your health care wishes. Therefore, if you live in Oklahoma, you may not [Portion Redacted - Included In Fully Licensed Version] end, a Pennsylvania resident, to hold your durable power of attorney.

 

·       Can the person you choose go along with your wishes? You may not want surgeons to implant feeding tubes, even if you will no longer be able to eat or drink without them. Will your agent [Portion Redacted - Included In Fully Licensed Version] choice? If he or she thinks that withholding food and water is cruel, and he of she is unable to morally support your decision, it may be necessary to choose someone else.

 

·       Strength of Will. Your health care choices may not be the same as wishes your family and friends would have for you. Only give dur [Portion Redacted - Included In Fully Licensed Version] attorney to those who can lovingly, but firmly, stand up to those who believe that life should be prolonged at all costs.

 

Please consider the following in connection with your estate plan:

 

Amendment. These documents are executed with certain formalities and may be changed or revoked only through similar procedures.  A note in the margin of your document or a striking out of words (even next to your initials or signature) may [Portion Redacted - Included In Fully Licensed Version] not be effective.  It cannot be overemphasized that proper procedure must be adhered to in amending these documents.  Consultation with your local attorney is very important should you desire to later modify or amend these documents.

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