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.
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.
(Print name) (Print name)
(Signature of witness) (Signature of witness)
(City) (State) (Zip) (City) (State) (Zip)
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
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
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 .
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
(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.