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our deaths cannot be readily ascertained, my spouse shall be deemed to have predeceased me. No person, other than my spouse, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this Will accordingly.

 

This clause helps avoid the sometimes time-consuming problems that occur if you and your spouse die together in an accident. Your spouse's Will should contain an identical clause; even though it seems contradictory to have two Wills each directing that the other spouse died first, since each Will is probated by itself, this allows the estate plan set up in each will to go forward as you planned. The second sentence exists to prevent the awkward legal complications that can ensue if someone dies between the time you die and the time the estate is divided up. Instead of passing through two probate processes, your gift to a beneficiary who dies shortly after you do would go to whomever you would have wanted it to go had the intended beneficiary died before you did. Most such gifts go into the residuary estate.

 

ARTICLE IX: Guardian

 If my husband does not survive me and I leave minor children surviving me, I appoint as guardian of the person and property of my minor children my uncle Ernest Entwistle. He shall have custody of my minor children, and shall serve without bond. If he does not qualify or for any reason ceases to serve as guardian, I appoint as successor guardian my cousin John Jones of Middletown.

 

 I, the Testator have signed this my Last Will this           day of                                     , in the year of our Lord, 20         .   AND, I declare this  to be my Last Will, I have read or had read to me the Will and I understand the contents of the Will and they are made of my free will.

 

x                                                                            

    (signature)

 

   STATEMENT OF WITNESSES

We sign below as witnesses, that this individual making the Will (Testator) declared this to be their Last Will and we each affirm that the individual who is making this Will appears to be of sound mind and appears to be making this Will freely, without duress, fraud, or undue influence, and that the individual making this Will acknowledges that he or she has read the Will, or has had it read to him or her, and understands the contents of this Will.

 

Witnesses:

 

                                                                                                                

(Print name)                                                (Print name)            

 

 

                                                                                                                 

(Signature of witness)                                 (Signature of witness)

 

                                                                                                             

(Address)                                                        (Address)

 

                                                                                                               

(City) (State) (Zip)                                     (City) (State) (Zip)

 

[OPTIONAL]    

 

Self-Proving Affidavit

 

Self Proving Affidavit: Pursuant to MCL 700.2504  I,                                   , the testator, sign my name to this  document on              day of                                                  , 20          . A.D.   I have taken an oath, administered by the officer whose signature and seal appear on this document, swearing that the statements in this document are true. I declare to that officer that this document is my will; that I sign it willingly or willingly direct another to sign for me; that I execute it as my voluntary act for the purposes expressed in this will; that I am 18 years of age or older and under no constraint or undue influence; and that I have sufficient mental capacity to make this will.

 

x                                                                                   

(Signature) Testator

 

We,                                                         and                                                     , the witnesses, sign our names to this document and have taken an oath, administered by the officer whose signature and seal appear on this document. We each, individually swear that all of the following statements are true: 1-the individual signing this document as the testator executes the document as his or her will, signs it willingly or willingly directs another to sign for him or her, and executes it as his or her voluntary act for the purposes expressed in this will; 2- each of us, individually signed this Will in the testator's presence, as witness to the testator's signing; and, 3- to the best of our knowledge, the testator is 18 years of age or older, is under no constraint or undue influence, and has sufficient mental capacity to make this will.

 

x                                                       x                                  __________

(Signature) Witness                                       (Signature) Witness

Print Name:      ____________    Print Name:                                             

 

Self Proving Affidavit Attestation

The  State  of  M i c h i g a n     )

County of                                   )

 

Sworn to and signed in my presence by                                            , the testator, and sworn to and signed in my presence by                                                and                                                            , witnesses, on this             day of                                             ,  in the year of our Lord. 20          .

 

 

x____________________________________

(SEAL) Signed

____________________________________

(official capacity of officer)

 

 

 

 

http://estate.findlaw.com/wills/sample-basic-will-annotated.html#sthash. ekc8gbqh.dpuf

 

 

 

 

 

 

 

 

 

 

 

 

 

1 -  MCL 700.3805 gives priority for claims against a decedent:     

(1) If the applicable estate property is insufficient to pay all claims and allowances in full, the personal representative shall make payment in the following order of priority:

(a) Costs and expenses of administration.

(b) Reasonable funeral and burial expenses.

(c) Homestead allowance.   

(d) Family allowance.

(e) Exempt property.

(f ) Debts and taxes with priority under federal law, including, but not limited to, medical assistance payments that are subject to adjustment or recovery from an estate under section 1917 of the Social Security Act, 42 USC 1396p.

(g) Reasonable and necessary medical and hospital expenses of the decedent’s last illness, including a compensation of persons attending the decedent.  

(h) Debts and taxes with priority under other laws of this state.

(I) All other claims.

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