WILL
OF
[NAME OF TESTATOR]
I, [NAME OF TESTATOR] (a.k.a [TESTATOR AKA NAME]), a resident of Minnesota, revoke any prior wills and codicils, and make this my Will.
ARTICLE 1
PAYMENT OF EXPENSES AND TAXES
The following provisions shall govern the payment of taxes and expenses:
1.1 General Expenses and Probate Expenses. The Personal Representative shall pay the expenses of my last illness and funeral, my valid debts, and expenses of administering my probate estate from the residue of my estate.
1.2 Non-Probate Expenses. The Personal Representative may pay expenses of administering my non-probate assets, and to the extent the Personal Representative pays such expenses, they shall be paid from the residue of my estate.
1.3 Estate Taxes. Estate taxes occasioned by my death shall be allocated and paid in accordance with the directions set forth in the General Governing Provisions of this instrument.
1.4 Priority of Payments. All payments under the preceding provisions of this Article shall be made prior to the final allocation of assets under Article 3 of this instrument.
ARTICLE 2
SPECIAL GIFTS
I make the following special gifts:
2.1 Tangible Personal Property. I may make one or more written lists directing the disposition of my personal effects (including jewelry, wearing apparel, watches, etc.), household property (including furniture, pictures, books, etc.), automobiles, objects of art, and other tangible personal property owned by me at the time of my death, together with any insurance on such property, excluding, however, money and coin collections and tangible personal property used exclusively in carrying on or conducting a business, trade or profession, and the Personal Representative shall distribute the property (and such insurance, if any) described in such list or lists as directed. To be given effect, a list must be signed by me or in my handwriting and it must describe an item or items of tangible personal property and the intended recipient with reasonable certainty. In the case of any inconsistent dispositions, the most recent disposition shall control. If no such list is found within 60 days after my death, any dispositions made by such a list shall abate to the extent that the Personal Representative has distributed or disposed of such property. The Personal Representative shall distribute all such tangible personal property not effectively disposed of by any such list to my [RELATIONSHIP, NAME] if [he][she] survives me, or if [he][she] does not survive me[, in equal shares to my descendants who survive me][as part of the residue of the trust estate]. [The expense of packing, shipping, insuring, and delivering tangible personal property to an individual under this Paragraph shall be paid by the Personal Representative as an administration expense.]
[Optional Paragraph 2.2]
2.2 Provision for Spouse. The Personal Representative shall distribute to my spouse, if my spouse survives me, all interests in property, both real and personal, including buildings, fixtures, and improvements to the property, used by me or my spouse for residential purposes, whether primary, secondary, seasonal or recreational, whether evidenced by deed, stock or other securities, lease, license, permit or otherwise, together with, and including all insurance policies relating thereto. This gift shall include all real property contiguous to, or used in connection with, such property, other than tangible personal property disposed of pursuant to a list under Paragraph 2.1 of this instrument.
2.3 Specific Gifts. The Personal Representative shall distribute to each person named below who survives me the sum set forth opposite the name of such person [or, if such person does not survive me, to such person’s descendants who survive me, per stirpes]. [If any such person does not survive me, the gift to such person shall lapse.]
2.3.1 [NAME AND RELATIONSHIP] [AMOUNT]
2.3.2 [NAME AND RELATIONSHIP] [AMOUNT]
2.3.3 [NAME AND RELATIONSHIP] [AMOUNT]
[Choice #1, Paragraph 2.4]
2.4 Provision for Charity. The Personal Representative shall distribute to each organization named below the sum set forth opposite the name of such organization, to be used for its general tax-exempt purposes but without other restriction as to use. [If such organization is not then in existence, or is not then an organization described in section 2055 of the Internal Revenue Code, the gift to such organization shall lapse.][If such organization is not then in existence, or if such organization is not then an organization described in section 2055 of the Internal Revenue Code, the gift to such organization shall lapse and the sum that such organization would have been entitled to receive if it were then in existence and an organization described in section 2055 of the Internal Revenue Code shall be distributed to the remaining organizations designated in this Paragraph 3.5 that are then in existence and are then described in section 2055 of the Internal Revenue Code in the proportions that the distributions to such remaining organizations bear to each other.]
2.4.1 [NAME AND LOCATION] [AMOUNT]
2.4.2 [NAME AND LOCATION] [AMOUNT]
2.4.3 [NAME AND LOCATION] [AMOUNT]
[The assets to be distributed under this Paragraph shall be selected by the Personal Representative, but, to the extent possible, such distributions shall be satisfied with assets constituting Income in Respect of Decedent (IRD) in my estate.]
[Choice #2, Paragraph 2.4]
2.4 Provision for Non-Charitable Entities. The Personal Representative shall distribute to each organization named below the sum set forth opposite the name of such organization, to be used for its general purposes but without other restriction as to use. [If such organization is not in existence at my death and the time of distribution, the gift to such organization shall lapse.][If such organization is not in existence at my death and the time of distribution, the gift to such organization shall lapse and the sum that such organization would have been entitled to receive if it were then in existence shall be distributed to the remaining organizations designated in this Paragraph 2.4 that are then in existence in the proportions that the distributions to such remaining organizations bear to each other.]
2.4.1 [NAME AND LOCATION] [AMOUNT]
2.4.2 [NAME AND LOCATION] [AMOUNT]
2.4.3 [NAME AND LOCATION] [AMOUNT]
ARTICLE 3
RESIDUE
[OPTION 1, ARTICLE 3 – Married TESTATOR]
I give the residue of my estate, consisting of all the property I can distribute by will and not effectively distributed by the preceding provisions of this instrument, except any property over which I then have a testamentary power of appointment, as follows:
3.1 Provision If Spouse Survives. To my spouse, if my spouse survives me.
3.2 Provision for Descendants. If my spouse does not survive me, to my descendants who survive me, per stirpes.
[Choice #1, Paragraph 3.3]
3.3 Contingent Provision. If my spouse does not survive me and no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed as follows: [____________________].
[Choice #2, Paragraph 3.3]
3.3 Heirs-at-Law. If my spouse does not survive me and no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed one-half to my then living heirs-at-law and one-half to my spouse’s then living heirs-at-law, determined under the Minnesota Statutes of intestate succession in force at the execution of this instrument as if each of us had died unmarried and without descendants [and as if our parents were then deceased].
[Choice #3, Paragraph 3.3]
3.3 Descendants of Parents. If my spouse does not survive me and no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed one-half to the then living descendants of my [mother][father], per stirpes and one-half to the then living descendants of my spouse’s [mother][father], per stirpes.
[Choice #4, Paragraph 3.3]
3.3 Provision for Others. If my spouse does not survive me and no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed in equal shares to the following individuals who are then living, and the share for any such individual who is not then living shall lapse, thereby ratably increasing the other shares: [NAMES OF INDIVIDUALS].
[Choice #5, Paragraph 3.3]
3.3 Provision for Charity. If my spouse does not survive me and no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed to [NAME OF ORGANIZATION] for its general [tax-exempt] purposes but without other restriction.
[OPTION 2, ARTICLE 3 – SINGLE TESTATOR]
I give the residue of my estate, consisting of all the property I can distribute by will that is not effectively distributed by the preceding provisions of this instrument, except any property over which I then have a testamentary power of appointment, as follows:
3.1 Provision for Descendants. In equal shares to my descendants who survive me, per stirpes.
[Choice #1, Paragraph 3.2]
3.2 Contingent Provision. If no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed as follows: [____________________].
[Choice #2, Paragraph 3.2]
3.2 Heirs-at-Law. If no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed to my then living heirs-at-law, determined under the Minnesota Statutes of intestate succession in force at the execution of this instrument as if I had died unmarried and without descendants [and as if my parents were then deceased].
[Choice #3, Paragraph 3.2]
3.2 Descendants of Parents. If no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed to the then living descendants of my [mother][father], per stirpes.
[Choice #4, Paragraph 3.2]
3.2 Provision for Others. If no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed in equal shares to the following individuals who are then living, and the share for any such individual who is not then living shall lapse, thereby ratably increasing the other shares: [NAMES OF INDIVIDUALS].
[Choice #5, Paragraph 3.2]
3.2 Provision for Charity. If no descendant of mine survives me, or if at any other time there are assets for which no beneficiary is specified under this instrument, such assets shall be distributed to [NAME OF ORGANIZATION] for its general [tax-exempt] purposes but without other restriction.
ARTICLE 4
FIDUCIARY SELECTION
The following provisions shall apply to the selection of fiduciaries:
4.1 Personal Representative. My Personal Representative shall be selected as follows:
4.1.1 Nomination. I nominate my [RELATIONSHIP, NAME] as the Personal Representative.
4.1.2 Nomination of Co-Personal Representatives and Successors. The nominated Personal Representative shall have the power to nominate any additional, substitute, or successor Personal Representative.
[Choice #1, Paragraph 4.1.2.1]
4.1.2.1 Successor Personal Representative. If the nominated Personal Representative fails to survive me or does not qualify to serve [and has not nominated an additional, substitute, or successor Personal Representative], I nominate my [RELATIONSHIP, NAME] as my Personal Representative.
[Choice #2, Paragraph 4.1.2.1]
4.1.2.1 Successor Personal Representative. If the nominated Personal Representative ceases to serve and there is no other Personal Representative acting, and the nominated Personal Representative does not exercise the power to appoint a substitute or successor Personal Representative within [NUMBER] days after such vacancy, I nominate my [RELATIONSHIP, NAME] as the Personal Representative.
4.1.2.2 Personal Representative Need Not Be Replaced. If a Personal Representative fails to qualify or ceases to serve and no successor is appointed as provided above, such Personal Representative need not be replaced and the remaining Personal Representative or Personal Representatives may act alone.
4.2 Nomination of Custodian. I nominate my [RELATIONSHIP, NAME] as Custodian under the Minnesota Uniform Transfers to Minors Act, or any other applicable Uniform Transfers to Minors Act or applicable Uniform Gifts to Minors Act. If the Custodian named fails to serve, the Personal Representative shall designate a Custodian[; provided, however, that under no circumstances shall my former spouse [NAME OF FORMER SPOUSE] be designated as such Custodian].
ARTICLE 5
FIDUCIARY PROVISIONS
The following shall apply to my Personal Representative:
5.1 Administrative Powers. In addition to the powers conferred upon the Fiduciary under applicable law generally, I give to each Fiduciary all of the powers enumerated in Minnesota Statutes sections 501C.0815 and 501C.0816 and any successor provisions of Minnesota law and, to the extent not authorized by the foregoing, the following administrative powers:
5.1.1 Sale, Lease, Mortgage, or Pledge. To sell at private or public sale, to retain, to lease, and to mortgage or pledge any or all of the real or personal property of my estate;
5.1.2 Partial Distributions. To make partial distributions from my estate from time to time and to distribute the residue of my estate in cash or in kind or partly in each, and for this purpose to determine the value of property distributed in kind;
5.1.3 Claims. To settle, contest, compromise, submit to arbitration, or litigate claims in favor of or against my estate;
5.1.4 Tax Elections. To make any tax election without reimbursement or adjustment between principal and income or in favor of any beneficiary, even if the election directly affects the value of any beneficiary’s share;
5.1.5 Continuation of Business Enterprise. To continue in the same form any unincorporated business or venture in which I was engaged at the time of my death, for such period as my Personal Representative deems advisable, or to organize such business as a partnership, joint venture, corporation, or limited liability company and continue its operation in such form whether or not any probable distributee of such business objects to such retention, continuation, or incorporation in my estate;
5.1.6 Distributions to Minors. To make any distribution to a person who is under the age of [21], to the Custodian for the benefit of such person.
5.2 Additional Provisions.
5.2.1 Informal Administration. I request unsupervised administration of my estate and that my estate be administered in as informal a manner as my Personal Representative deems advisable.
5.2.2 Waiver of Bonds. No bond or other indemnity shall be required of any Personal Representative.
5.3 Powers and Authorizations Regarding Digital Property. The Personal Representative may exercise all powers that an absolute owner would have and any other powers appropriate to achieve the proper investment, management, and distribution of: (1) any kind of computing device of mine, (2) any kind of data storage device or medium of mine, (3) any electronically stored information of mine, (4) any user account of mine, and (5) any domain name of mine. The Personal Representative may obtain copies of any electronically stored information of mine from any individual or entity that possesses, custodies, or controls that information. I hereby authorize any individual or entity that possesses, custodies, or controls any electronically stored information of mine or that provides to me an electronic communication service or remote computing service, whether public or private, to divulge to the Personal Representative: (1) any electronically stored information of mine, (2) the contents of any communication that is in electronic storage by that service or that is carried or maintained on that service, and (3) any record or other information pertaining to me with respect to that service. This authorization is to be construed to be my lawful consent under the Electronic Communications Privacy Act of 1986, as amended; Minn. Stat. § 521A.04; the Computer Fraud and Abuse Act of 1986, as amended; and any other applicable federal or state data privacy law or criminal law. The Personal Representative may employ any consultants or agents to advise or assist the Personal Representative in decrypting any encrypted electronically stored information of mine or in bypassing, resetting, or recovering any password or other kind of authentication or authorization, and I hereby authorize the Personal Representative to take any of these actions to access: (1) any kind of computing device of mine, (2) any kind of data storage device or medium of mine, (3) any electronically stored information of mine, and (4) any user account of mine. The terms used in this paragraph are to be construed as broadly as possible, and the term “user account” includes without limitation an established relationship between a user and a computing device or between a user and a provider of Internet or other network access, electronic communication services, or remote computing services, whether public or private.