Free Sample Will - Montana

SAMPLE WILL

WILL OF

JOHN DAMIEN WHITE

I. INTRODUCTION

I, John Damien White, also known as J.D. White, domiciled and residing
in Missoula, Missoula County, Montana, declare this to be my will,
revoking all prior wills and codicils.

II. FAMILY INFORMATION

I am married to Mary Helen White. All references of "my wife" are to
her. I have two (2) children, namely, David Baxter White and Cynthia
Baxter White. All references to "my children" refer to the two children
named in this paragraph and any other children hereafter born to or
adopted by me and my wife.

III. PRE-RESIDUARY GIFTS

A. Gifts of Special Items:

If my sister, Mary Vivian Jones, 115 Main Street, Prairie City, Utah,
survives me, I give her (and not her descendants) the Steinway grand
piano which was given to me by my mother. If for any reason I do not
own that Steinway grand piano at my death, the devise to my sister is
canceled.

B. Tangible Personal Property List

If my wife survives me, I give her all of (the rest of) my tangible
personal property.

If my wife fails to survive me, I might leave a written statement of
list disposing of items of tangible personal property. If I do and if
my written statement of list is found and is identified as such by my
personal representative no later than 30 days after the

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Dated: _____________________

statement of list is to be given effect to the extent authorized by law.
Any tangible personal property not effectively disposed of by such a
statement or list shall be distributed to my surviving children (and not
to their descendants) as they may agree. If my surviving children fail
to reach agreement within 90 days after the probate of this will, such
tangible personal property shall be divided among my surviving children
as my personal representative determines appropriate, in shares of
substantially equal value.

If any child of mine is a minor at the time of such division, my
personal representative may distribute the child's share to the child or
for the child's use to the child's guardian or to any person with whom
the child is residing, without further responsibility, and the
distributee's receipt shall be a sufficient discharge to my personal
representative.

IV. RESIDUARY CLAUSE

If my wife survives me, I give her the residue of my estate. If she
fails to survive me, I give the residue of my estate to my descendants
who survive me by representation.

V. METHODS OF DISTRIBUTION TO CERTAIN BENEFICIARIES

If under this will any property is distributable to a minor or to a
person under twenty-one (21) years of age, my personal representative in
my personal representative's absolute discretion, may distribute such
property in any manner permitted by law and additionally in any one or
more of the following ways:



(A) If the person is a minor, directly to the minor or on behalf of the
minor for the minor's exclusive benefit;

(B) If the person is a minor, to a guardian or conservator for the
minor; or

(C) If the person is under twenty-one (21) years of age, to any person
(including my personal representative) selected as a custodian
by my personal representative under the applicable Uniform Transfers to
Minors Act of any state.

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Dated ___________________

VI. APPOINTMENT OF PERSONAL REPRESENTATIVE

I appoint my wife as personal representative of my estate. In the event
she shall die, be adjudicated incompetent, or resign, I hereby name as
successor personal representative to fill such vacancy or any vacancy
that may thereafter occur, the first in the order named who is then
willing and able to serve:

(A) Steve Johnson

(B) Arvid Thompson

C) Norwest Capital Management & Trust Co., Montana

VII. POWERS OF PERSONAL REPRESENTATIVE

In addition to the powers given to my personal representative by law
effective at death, my personal representative shall have all powers
authorized by the Montana Uniform Probate Code, as that Code exists on
the date of this will.

VIII. MONTANA LAW

This instrument shall be construed under the laws of the State of
Montana.

IX. REPRESENTATION

The persons who take under this will as "descendants by right of
representation" shall take in accordance with the rules of S72-2116 MCA
as that section exists on this date of this will.

X. CAPTIONS

The captions set forth in this Will at the beginning of various
provisions are for convenience of reference only, and shall not be
deemed to define or limit the provisions of this Will, or to affect in
any way its construction or application.

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Dated____________________

XI. CONCLUSION AND ATTESTATION

I, John Damien White, testator, sign my name to this instrument this
_______________ day of ___________, and being first duly sworn, do
hereby declare to the undersigned authority that I sign and execute this
instrument as my will and that I sign it willingly (or willingly direct
another to sign for me), that I execute it as my free and voluntary act
for the purposes therein expressed, that I am 18 years of age or older,
of sound mind, and under no constraint or undue influence.



JOHN DAMIEN WHITE

We, witnesses, sign our names to this instrument, consisting of four
pages, being first duly sworn, do hereby declare to the undersigned
authority that the testator signs and executes this instrument as the
testator's last will and that the testator signs it willingly (or
willingly directs another to sign for the testator), that each of us, in
the presence and hearing of the testator, hereby signs the will as a
witness to the testator's signing, and that to the best of our knowledge
the testator is 18 years of age or older, of sound mind, and under no
constraint or undue influence.


_______________________________

WITNESS

Residing at______________________


_______________________________


_______________________________

WITNESS

Residing at______________________

_______________________________

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Dated________________________

STATE OF MONTANA

County of Missoula

SUBSCRIBED, SWORN TO AND ACKNOWLEDGED before me by John Damien White,
the testator, and subscribed and sworn to before me by the above-named
witnesses, this _______day of _______________, ____________.

________________________________

Notary Public
for the State of Montana
Residing at: ______________________

My Commission
expires ____________

(Notarial Seal)

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DISCLAIMER

This Legal guide was complied by the DPHHS Aging Services Division Legal
Services Developer. This publication is not intended to be a substitute
for legal advice. Rather, it is designed to help families become better
acquainted with some of the devices used in long term planning and to
create an awareness of the need for such planning. Future changes in
laws cannot be predicted and statements in this narrative are based
solely on those laws in force on the date of publication.

We recommend that you seek legal advice for all your planning needs.