What Happens With No Will?
LAST WILL AND TESTAMENT OF JOHN DOE
(WHO DIED WITHOUT A WILL)
I, John Doe, of Nimrod, Missouri, hereby do make, publish and declare
this to be my last Will and Testament.
FIRST ARTICLE
(I) I give my spouse my entire estate unless
I have surviving children, parents, brothers, sisters, grandmothers,
grandfathers, uncles, aunts, and relatives to the ninth degree.
If any of these survive me then my spouse shall receive the first
twenty thousand dollars plus one half the balance of my estate.
The remaining balance shall be divided among my children or various
other relatives depending on which survives me.
(II) If my spouse and I are both deceased
and are survived by children under 18 years of age, the Probate
Court shall appoint a conservator for my children, and the conservator
shall report to the Probate Court each year and render an accounting
of how, why and where he or she, spent the money necessary for
the proper care of my children.
(III) The Probate Court shall also require
a Performance Bond to guarantee that the conservator exercises
proper judgement in the handling, investing and spending of my
childrens money.
(IV) When my children reach age eighteen
they shall have full rights to withdraw and spend their share
of my estate. No one shall have any right to question my childrens
actions on how they decide to spend their respective shares.
SECOND ARTICLE
If my wife should remarry, her second husband
shall be entitled to a mandatory minimum of one-third portion
of everything my wife possesses.
(I) Should my children need some of this
share for their support, the second husband shall not be bound
to spend any part of his share on my childrens behalf.
(II) The second husband shall have sole
right to decide who is to get his share, enen to the exclusion
of my children.
THIRD ARTICLE
Should my wife predecease me or die while
any of my children are minors, I do not wish to excercise my right
to nominate the guardian of my children. Rather than nominating
a guardian of my preference, the Probate Court shall select a
guardian.
FOURTH ARTICLE
Under existing tax law, there are certain
legitimate avenues open to me to lower death taxes. Since I prefer
to have my money used for governmental purposes rather than for
the benefit of my wife and children, I direct that no effort be
made to lower taxes. There are also some probate costs and procedures
I could waive by making a Will, but I elect not to take advantage
of those opportunities.
FIFTH ARTICLE
I realize that this Will as written for
me by the State of Missouri is not the Will I would have desired.
I am truly sorry that I did not have a Will and know that my inaction
has made my death a greater tragedy than it already is.
"Deceased - No signature required"
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