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Minnesota Last Will and Testament
Pursuant to Chapters 524-532 Estates of Decedents; Guardianships
I, ______________________________, resident in the City of ____________________, County of
____________________, State of Minnesota, being of sound mind and disposing memory and not
acting under duress or undue influence, and fully understanding the nature and extent of
all my property and of this disposition thereof, do hereby make, publish, and declare this
document to be my Last Will and Testament, and do hereby revoke any and all other wills
and codicils heretofore made by me.
a. I direct that all my debts, and expenses of my last illness, funeral, and burial, be paid
as soon after my death as may be reasonably convenient, and I hereby authorize my
Personal Representative, hereinafter appointed, to settle and discharge, in his or her
absolute discretion, any claims made against my estate.
b. I further direct that my Personal Representative shall pay out of my estate any and
all estate and inheritance taxes payable by reason of my death in respect of all items
included in the computation of such taxes, whether passing under this Will or
otherwise. Said taxes shall be paid by my Personal Representative as if such taxes
were my debts without recovery of any part of such tax payments from anyone who
receives any item included in such computation.
The entire residue of the property owned by me at my death, real and personal and
wherever situate, I devise and bequeath to ______________________________, of
___________________________, County of ____________________, State of _____________________ should
(he/she) survive me by thirty (30) days, otherwise to __________________________, of
______________________________________________, County of ________________________, State of
___________________________. If both ____________________________________ and
__________________________________________ fail to survive me by thirty (30) days then I give and
devise the residue of my estate to _________________________________________ of
____________________________, County of ___________________________________ State of
___________________________________. If any of my property cannot be readily sold, then it may be
donated to any charitable organization or organizations of my Personal Representative’s
choice. If any property cannot be readily sold or donated, my Personal Representative may,
without liability, dispose of such property as my Personal Representative may deem
appropriate. I authorize my Personal Representative to pay as an administration expense
of my estate the expense of selling, advertising for sale, packing, shipping, insuring and
delivering such property.
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Except to the extent that I have included them in this Will, I have intentionally, and not as a
result of any mistake or inadvertence, omitted in this Will to provide for any children
and/or issue of mine, if any, however defined by law, presently living or hereafter born or
I nominate and appoint ________________________, of ___________________________, County of
________________________, State of ______________________________ as Personal Representative of my
Will and I request that (he/she) be appointed temporary Personal Representative if
(he/she) applies. If Personal Representative fails or ceases to so serve, then I nominate
_____________________________of __________________________, County of ____________________________,
State of ______________________ to serve.
No bond shall be required of any fiduciary serving hereunder, whether or not specifically
named in this Will, or if a bond is required by law, then no surety will be required on such
My Personal Representative, shall have and may exercise the following discretionary
powers in addition to any common law or statutory powers without the necessity of court
license or approval:
A. To retain for whatever period my Personal Representative deems advisable any
property, including property owned by me at my death, and to invest and reinvest in any
property, both real and personal, regardless of whether any particular investment would
be proper for an Personal representative and regardless of the extent of diversification of
the assets held hereunder.
B. To sell and to grant options to purchase all or any part of my estate, both real and
personal, at any time, at public or private sale, for consideration, whether or not the highest
possible consideration, and upon terms, including credit, as my Personal Representative
deems advisable, and to execute, acknowledge, and deliver deeds or other instruments in
connection therewith.
C. To lease any real estate for terms and conditions as my Personal Representative
deems advisable, including the granting of options to renew, options to extend the term or
terms, and options to purchase.
D. To pay, compromise, settle or otherwise adjust any claims, including taxes, asserted
in favor of or against me, my estate or my Personal Representative.
E. To make any separation into shares in whole or in part in kind and at values
determined by my Personal Representative, with or without regard to tax basis, and to
allocate different kinds and disproportionate amounts of property and undivided interests
in property among the shares.
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F. To make such elections under the tax laws as my Personal Representative shall
deem appropriate, including elections with respect to qualified terminable interest
property, exemptions and the use of deductions as income tax or estate tax deductions, and
to determine whether to make any adjustments between income and principal on account
of any election so made.
G. To make any elections permitted under any pension, profit sharing, employee stock
ownership or other benefit plan.
H. To employ others in connection with the administration of my estate, including legal
counsel, investment advisors, brokers, accountants and agents and to pay reasonable
compensation in addition to my Personal Representative’s compensation.
I. To vote any shares of stock or other securities in person or by proxy; to assert or
waive any stockholder’s rights or privilege to subscribe for or otherwise acquire additional
stock; to deposit securities in any voting trust or with any committee.
J. To borrow and to pledge or mortgage any property as collateral, and to make
secured or unsecured loans. My Personal Representative is specifically authorized to make
loans without interest to any beneficiary hereunder. No individual or entity loaning
property to my Personal Representative or trustee shall be held to see to the application of
such property.
K. My Personal Representative shall also in his or her absolute discretion determine
the allocation of any GST exemption available to me at my death to property passing under
this Will or otherwise. The determination of my Personal Representative with respect to
any elections or allocation, if made or taken in good faith, shall be binding upon all affected.
If any beneficiary under this Will, or any trust herein mentioned, contests or attacks this
Will or any of its provisions, any share or interest in my estate given to that contesting
beneficiary under this Will is revoked and shall be disposed of in the same manner
provided herein as if that contesting beneficiary had predeceased me.
I direct that the representation by a guardian ad litem of the interests of persons unborn,
unascertained or legally incompetent to act in proceedings for the allowance of accounts
hereunder be dispensed with to the extent permitted by law.
Whenever the context permits, the term “Personal Representative” shall include “Executor”
and “Administrator,” the use of a particular gender shall include any other gender, and
references to the singular or the plural shall be interchangeable. All references to the
Internal Revenue Code shall mean the Internal Revenue Code of 1986 or any successor
Code. All references to estate taxes shall include inheritance and other death taxes.
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The interest of any beneficiary in this Will, shall not be alienable, assignable, attachable,
transferable nor paid by way of anticipation, nor in compliance with any order, assignment
or covenant and shall not be applied to, or held liable for, any of their debts or obligations
either in law or equity and shall not in any event pass to his, her, or their assignee under
any instrument or under any insolvency or bankruptcy law, and shall not be subject to the
interference or control of creditors, spouses or others.
Any decision by my Personal Representative with respect to any discretionary power
hereunder shall be final and binding on all persons interested. Unless due to my Executor’s
own willful default or gross negligence, no Executor shall be liable for said Executor’s acts
or omissions or those of any co-Executor or prior Executor.
I, the undersigned ________________________, do hereby declare that I sign and execute this
instrument as my last Will, that I sign it willingly in the presence of each of the undersigned
witnesses, and that I execute it as my free and voluntary act for the purposes herein
expressed, on this _____ day of ________________, 20_____.
Signature of Testator
Printed Name of Testator
The foregoing instrument, was on this _____ day of ________________, 20_____, subscribed on
each page and at the end thereof by ________________________, the above-named Testator, and
by (him/her) signed, sealed, published and declared to be (his/her) LAST WILL AND
TESTAMENT, in the presence of us and each of us, who thereupon, at (his/her) request, in
(his/her) presence, and in the presence of each other, have hereunto subscribed our names
as attesting witnesses thereto.
________________________________ ___________________________________________________________
Witness Signature Address
________________________________ ___________________________________________________________
Witness Signature Address
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STATE OF ____________________
COUNTY OF __________________, SS.
Before me, the undersigned authority, on this day personally appeared ___________,
testator, ____________________, witness and ___________________, witness, known to me to be the
testator and the witnesses, respectively, whose names are signed to the attached or
foregoing instrument, and, all of these persons being by me duly sworn, the testator
declared to me and to the witnesses in my presence that the instrument is the testator’s
last will and that the testator has willingly signed or directed another to sign for him/her,
and that the testator executed it as the testator’s free and voluntary act for the purposes
therein expressed; and each of the witnesses stated to me, in the presence of the testator,
that they signed the will as witnesses and that to the best of their knowledge the testator
was eighteen (18) years of age or over, of sound mind and under no constraint or undue
____________________________________ _______________________________________
Testator Signature Witness Signature
Witness Signature
Subscribed and sworn to before me by the said testator and the said witnesses, this _____
day of ________________, 20_____.
Notary Public
My Commission expires: