Philadelphia Pennsylvania Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children

State:
Pennsylvania
County:
Philadelphia
Control #:
PA-WIL-01704
Format:
Word; 
Rich Text
Instant download

Description

This is a Legal Last Will and Testament Form with Instructions for Divorced and Remarried Person with Mine, Yours and Ours Children. The will you have found is for a divorced person who has remarried. This will is to be used when there are children of the present marriage and either one or both spouses have children from prior marriages. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.


This will must be signed in the presence of two witnesses, not related to you or named in your will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the will.
Description: A Legal Last Will and Testament form for Divorced and Remarried Person with Mine, Yours and Ours Children is an essential document that allows individuals in Philadelphia, Pennsylvania, who have been divorced and remarried, to outline their final wishes regarding the distribution of their assets and the care of their children after their passing. This legal document ensures that your loved ones are protected and your wishes are honored, giving you peace of mind. In Philadelphia, there may be variations of the Legal Last Will and Testament Form for Divorced and Remarried Person with Mine, Yours and Ours Children, depending on specific circumstances and preferences. Here are a few examples: 1. Basic Legal Last Will and Testament Form: This is the standard document for individuals who have been divorced and remarried, with children from previous relationships as well as children from the current marriage. It allows you to designate guardianship for all children, specify how your assets should be divided among them, and name an executor to oversee the distribution process. 2. Trust-Based Legal Last Will and Testament Form: This type of form includes the creation of a trust to manage and distribute your assets to your children. It offers added protection and control over how your assets are used for the benefit of your children, particularly in complex family situations. It may be beneficial if you have significant assets or if you want to provide for specific needs (education, healthcare, etc.) of your children. 3. Specific Asset Distribution Legal Last Will and Testament Form: If you have unique assets or properties that you wish to be specifically distributed to certain children or beneficiaries, this form allows you to provide detailed instructions. For example, if you have a family business or sentimental property that you wish to be allocated to specific individuals, you can outline these specifics in this type of form. In all these Legal Last Will and Testament forms, it is important to consider consulting with an experienced attorney who specializes in estate planning to ensure compliance with local laws and regulations, as well as to tailor the document to your specific needs. These forms provide the necessary framework within the legal system to protect your assets and preserve your legacy while ensuring your children's welfare. It is crucial to regularly review and update your will as circumstances change, such as marriage, divorce, birth of additional children, or significant changes in assets.

Description: A Legal Last Will and Testament form for Divorced and Remarried Person with Mine, Yours and Ours Children is an essential document that allows individuals in Philadelphia, Pennsylvania, who have been divorced and remarried, to outline their final wishes regarding the distribution of their assets and the care of their children after their passing. This legal document ensures that your loved ones are protected and your wishes are honored, giving you peace of mind. In Philadelphia, there may be variations of the Legal Last Will and Testament Form for Divorced and Remarried Person with Mine, Yours and Ours Children, depending on specific circumstances and preferences. Here are a few examples: 1. Basic Legal Last Will and Testament Form: This is the standard document for individuals who have been divorced and remarried, with children from previous relationships as well as children from the current marriage. It allows you to designate guardianship for all children, specify how your assets should be divided among them, and name an executor to oversee the distribution process. 2. Trust-Based Legal Last Will and Testament Form: This type of form includes the creation of a trust to manage and distribute your assets to your children. It offers added protection and control over how your assets are used for the benefit of your children, particularly in complex family situations. It may be beneficial if you have significant assets or if you want to provide for specific needs (education, healthcare, etc.) of your children. 3. Specific Asset Distribution Legal Last Will and Testament Form: If you have unique assets or properties that you wish to be specifically distributed to certain children or beneficiaries, this form allows you to provide detailed instructions. For example, if you have a family business or sentimental property that you wish to be allocated to specific individuals, you can outline these specifics in this type of form. In all these Legal Last Will and Testament forms, it is important to consider consulting with an experienced attorney who specializes in estate planning to ensure compliance with local laws and regulations, as well as to tailor the document to your specific needs. These forms provide the necessary framework within the legal system to protect your assets and preserve your legacy while ensuring your children's welfare. It is crucial to regularly review and update your will as circumstances change, such as marriage, divorce, birth of additional children, or significant changes in assets.

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FAQ

To finalize your will in Pennsylvania, you must sign at the end your will. Any words after your signature will have no legal effect and not be part of your will. Pennsylvania law does not require your will to be witnessed (unless you cannot sign the will yourself or can sign only with a mark).

Pennsylvania law states that you cannot completely disinherit your spouse. Whether you have been married for 1 day or 40 years, if you create a Will with little or no provision for your spouse, a spouse who survives you is permitted to ?elect against? your estate and to claim a sizable portion of your property.

In Pennsylvania, marriage does not revoke the will. However, Pennsylvania law provides that unless the will is made ?in contemplation of marriage,? the surviving spouse, even if he or she is not mentioned in the will, gets what would be his or her intestate share of the deceased spouse's estate.

The basic requirements for a Pennsylvania last will and testament include the following: Age: The testator must be at least 18 years old. Capacity: The testator must be of sound mind. Signature: In order to be valid, the will must be signed in one of three ways:

In Pennsylvania, if you are married and you die without a will, what your spouse gets depends on whether or not you have living parents or descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

Diminished or Lack of Testamentary Capacity. The testator must be 18 years of age and of ?sound mind? to make a will. If the testator is not 18 or if the testator is not of sound mind, then the will is not valid.

Once your divorce has been finalised, your will remains valid. However, former spouses named in wills are treated as having died before the person who made the will. Therefore, if you made any gifts to your former spouse in the will, then these will fail. While this is often what is desired, it is not always the case.

When you are divorced in Pennsylvania, all provisions in your Will granting part of your estate to your now ex-spouse will be automatically revoked. This means that they are simply no longer in effect.

Does divorce nullify a will? Divorce does not automatically cancel your existing will, nor does it reinstate your will from before you were married. Your current will remains valid after your divorce is finalised but, if your former partner is named in your will, they will be treated as if they died before you.

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Philadelphia Pennsylvania Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children