Question
DRAFT A WILL: The purpose of this assignment is to familiarize you with drafting a will and with typical will clauses, provisions, signature clauses, witness
DRAFT A WILL: The purpose of this assignment is to familiarize you with drafting a will and with typical will clauses, provisions, signature clauses, witness and self-proving affidavit Your assignment is to make an attested will using the fact situation set out below. The will should comply with Texas law and include a self-proving affidavit (which is not included in the form below). Find forms in the Instructor's Library, Westlaw Formbuiler, or on the internet. Any selected form will require edits and additions to comply with the instructions below! Form submissions with handwritten information will be counted off as assignments should be 'client ready.'
FACTS:Make a will to be executed by our client, Tess Tatum. Tess is age 38, married, and has 3 children, Randy, age 18, Shirley, age 15 and Shawna, age 10. Her husband is Thomas Tatum and they reside at 16593 Linklater Lane in Deer Park, Texas.
Tess wants to name Tom as an independent executor and to make Randy an alternate independent executor. A bond should be waived for the executors.
Tess' will should make the following personal property bequests and devices:
Her automobile, a 1999 Green Ford Focus, to son Randy. Alternate beneficiary: Shirley Tatum.
All of her jewelry to her daughter, Shirley. Alternate beneficiary: Shawna Tatum.
Her gourmet cooking utensils and stamp collection to her sister, Allison Dalrymple. Alternate beneficiary: Shirley Tatum.
Her interest in their 1995 double-wide mobile home on property they own, located at 16593 Linklater Lane, Deer Park, Texas to her husband, Thomas. Alternate beneficiaries: Randy, Shirley, and Shawna Tatum, as joint owners, per stirpes.
Residuary estate to husband, Tom, and then to her children to share per stirpes.
The Will must make provisions for gifts of $10,000 to any minor children under the Texas Uniform Transfers to Minors Act, 141.001, et. seq. Texas Property Code. The initial custodian should be Thomas and substitute custodians will be Allison and Randy, in that order.
You will need to appoint a guardian for the minor children in the event Tom does not survive Tess. That Guardian will be Allison. Allison resides at 5347 Lawn Forest Dr., Tomball, Texas 77389
Include provisions that identify all family members as Tess does not want any pretermitted children to share in her estate in any way.
The witnesses to the will are:
Arthur Jones Melonie Zapruder
4876 Clinton Blvd. 9926 Astromania Street
Houston, Texas 77002 Houston, Texas 77048
Include a signature clause, attestation clause, and self-proving affidavit at the end of the will
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