Example of a Will

The following Will is based on the distribution of assets as prescribed
by the Estate, Powers and Trust Laws for a person who has died without
a Will, leaving a wife and two or more minor children. The preparation of
a Will is a serious matter, but we felt that a little humor may help to get
the point across. For answers regarding your specific Will, please contact
a member of our firm.

You Have a Will Whether You Choose To or Not!!!!

Since I trust the State of New York to know better than I how to handle my affairs, I have decided not to write my own Will and instead I adopt this Last Will and Testament which has been prepared for me by the State:

FIRST: I give my wife $50,000.00 to do with as she pleases. I also give my wife all of our joint property and one-half (½) of my separate property, and I give the remaining one-half (½) to my minor children. I appoint my wife as trustee of my children's share, but as a safeguard, I require that she report to the Court each year and render an accounting of how, why, and where she spent the children's money which was necessary for the proper care of my children. As a further safeguard, I direct my wife to produce to the Surrogates Court a performance bond to guarantee that she exercises proper judgment in the handling, investing, and spending of the children's money. As a final safeguard, my children shall have the right to demand and receive a complete accounting from their mother of all her financial actions with their money as soon as they reach age 18. When my children reach age 18, they shall have full rights to withdraw and spend their share of my estate. No one shall have any right to question my children's actions or how they decide to spend their respective shares.

SECOND: Should my wife remarry, her second husband shall be entitled to the first $50,000.00 plus one-half ½ of all of her separate property, and all of her share of their Joint Property. 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 children's behalf. The second husband shall have the sole right to decide who is to get his share, even to the exclusion of my children.

THIRD: Should my wife predecease me or die while any of my children are minors, I do not wish to exercise my right to appoint a guardian for my children. Rather than appointing a guardian, I direct my relatives and friends to get together and appoint a guardian by mutual agreement. In the event that they cannot agree on a guardian, I direct the Court to step in and appoint a stranger to be my children's guardian, and to take control of all of their money until they reach 18 or the age set forth by the Court.

FOURTH: Under existing law, there are certain legitimate avenues open to me to lower the incidence of tax as a result of my death. Since I prefer to have my money used for government and New York State purposes, rather than for the benefit of my wife and children, I direct that no effort be made to reduce taxes on my death.

In Witness Whereof I have abdicated my responsibility to my family and allowed my affairs to be handled in accordance with the Estate, Powers, and Trust Laws.