LAST WILL AND TESTAMENT
You Choose Your Administrator & Beneficiaries
The Washington Legislature has already essentially written a Will for everyone called the Intestacy Statute. Intestate means dying without a Will & Testament. A person who makes a Will is called the Testator. Most people just use the default provisions provided.
Historically, a Will was used to give real property and a Testament was used to give personal property, but the term Will has come to include all property.
You have the right to override the automatic provisions, and substitute your own wishes by signing a Will. There are several reasons for doing so.
- You choose your Personal Representative (Executor).
- You choose your beneficiaries.
- You waive the bond requirement (the PR having to pay money to carry out the duties).
- A PR may renounce the duties if required to pay.
- You grant non-intervention powers, so the PR doesn’t have to ask the Court for permission to act. A PR may renounce the duties if required to go through the potentially costly and time-consuming process of filing Motions and setting them for hearings.
- You list items of sentimental value such as jewelry, art, antiques, collectibles, photographs, and scrapbooks that may mean a lot to particular surviving loved ones.
I am lawyer Christopher S. Mulvaney of Mulvaney Law Offices, PLLC, in Bellevue, Washington, and I am committed to providing clients with personalized and comprehensive estate planning guidance.
See a Sample Last Will & Testament Below:
THE LAST WILL AND TESTAMENT
OF JANE DOE
I, JANE DOE (BORN 07/19/1971), pursuant to the laws of the State of Washington, particularly RCW § 11.12.010, being of lawful age and sound mind and memory, and not acting under any duress, menace, fraud, or undue influence, revoke all my former Wills and Codicils, and declare this instrument to be my Last Will and Testament disposing of all of my property at death. I require my Personal Representative to pay all of my taxes, debts, and expenses of my last illness, as soon after my death as is possible.
I declare that I am married, that my spouse’s name is JOHN DOE (BORN 02-11-1979), and that I have the following children: If applicable, JANE DOE, pursuant to RCW §11.88.080, appoints BOB JONES, and then SALLY JOHNSON, IN THAT ORDER, as guardian of the person of any and all minor children of the Testator.
I appoint my spouse, JOHN DOE, and then BOB JONES, and then SALLY JOHNSON, IN THAT ORDER, as Personal Representative of my Estate. The Personal Representative is to serve WITH NON-INTERVENTION POWERS, WITHOUT BOND, AND WITHOUT A GUARDIAN AD LITEM FOR ANY MINOR CHILDREN, if applicable. I give my Personal Representative full power and discretion to sell, lease, mortgage, or dispose of my Estate according to my wishes contained in my Will or Trust. My Personal Representative shall not be required to provide notice of any sale of real property of my estate.
I give my entire Estate to my spouse, JOHN DOE. This includes any property acquired after the date of this Will pursuant to RCW § 11.12.190. If JOHN DOE is not living, then I give my entire Estate to the Successor Trustee of THE DOE FAMILY REVOCABLE LIVING TRUST (DATED 02-17-2020) (Abbreviated: “DOE FAMILY TRUST”) to be distributed according to the terms of the Will or Trust.
Any signed and dated handwritten lists of personal property attached to or found with the original of this Will with distribution instructions pursuant to RCW § 11.12.260 shall be distributed accordingly.
FREELY SIGNED in the absence of duress or undue influence on the date below.
SELF-PROVING AFFIDAVIT PURSUANT TO RCW § 11.20.020(2)
In accordance with RCW § 9A.72.085 SARA DARLENE ALLSHOUSE and JILL FREY personally appeared as competent and disinterested witnesses, were duly sworn, and declare that: This instrument was signed by the Testator, JANE DOE, in our presence and at the time was declared by the Testator as THE LAST WILL AND TESTAMENT OF JANE DOE.
In Testator’s presence, at Testator’s request, and in the presence of each other, we have subscribed our names in Bellevue, Washington, on the date below attesting that at the time of the execution of the Will, Testator appeared to us to be of full age, and of sound mind and memory.
We hereby certify and declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.
Pursuant to RCW § 42.45.130, I certify that I know or have satisfactory evidence that JANE DOE, SARA DARLENE ALLSHOUSE & JILL FREY are the persons who appeared before me, and said people acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated : 02-17-2020.
Christopher Sean Mulvaney WA NOTARY PUBLIC – KING COUNTY Appointment Expires 09-01-2020
Tangible Personal Property Memorandum
The inclusion of this memorandum on the second page of my Will serves only as a reminder that pursuant to RCW § 11.12.260, in my Will I have indicated that I may dispose of one or more items of my tangible personal property. Any signed and dated documents found with this Will are those writings.
I may list items on a separate piece of paper, sign and date, with a description of the item, who I want to receive it, and the date I made the decision. I may also include a letter to my Personal Representative stating my wishes regarding burial or cremation, care of pets, indicating where I may have hidden property, and listing my user names and passwords for all accounts. For ease of administration, I may also keep copies of all of my deeds and important documents relating to real property, IRA or 401(K) accounts, checking, savings, money market and brokerage accounts, vehicle titles, life insurance policies or any other information that may be helpful to administer my estate.
My Personal Representative shall distribute the following items of tangible personal property of mine to the designated recipients as if this Memorandum had been incorporated into my Will pursuant to RCW § 11.12.255. See Attached.
As an experienced estate planning attorney, my goal is to provide my clients with peace of mind by helping them take control over their lives, legacies, assets and well-being — avoiding common pitfalls.
MULVANEY LAW OFFICES, PLLC
14205 SE 36th St. Suite 100
Bellevue, WA 98006-1553
Mulvaney Law Offices, PLLC, is located in Bellevue, Washington, representing estate planning & probate, chapter 7 and chapter 13 bankruptcy, and real estate transactions clients in Seattle, Tacoma, Everett, Bellevue, Redmond, Renton, Issaquah, Sammamish, Maple Valley, Burien, SeaTac, and throughout King, Snohomish and Pierce counties.
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