Last Will And Testament

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THE
L A S T W I L L A ND TE S TAM E NT
OF
Mary G. Smith
DECLARATION
I, Mary G. Smith, a resident of the state of Florida and county of Brevard County; and being of
sound mind and memory, do hereby make, publish and declare this to be my last will and testament,
thereby revoking and making null and void any and all other last will and testaments and/or codicils to last
will and testaments heretofore made by me. All references herein to “this Will” refer only to this last will
and testament.
FAMILY
At the time of executing this Will, I am married to Richard L. Smith. The names of my children are
listed below. Unless otherwise specifically indicated in this Will, any provision for my children includes the
below-named children, as well as any child of mine hereafter born or adopted.
Stephen A. Smith
Megan A. Smith
Christen L. Smith
DEBT
I direct that as soon as is practical after my death, the executor named pursuant to this Will review all
of my just debts and obligations, including last illness and funeral expenses, except for those secured long-
term debts that may be assumed by the beneficiary of such property, unless such assumption is prohibited by
law or on agreement by the beneficiary. The executor is further directed to pay any attorneys’ fees and any
other estate administrative expenses. The executor shall pay these just debts only after a creditor provides
timely and sufficient evidence to support its claim and in accordance with applicable state law.
I direct that any estate, inheritance, and succession taxes, including any interest and penalties
thereon, imposed by the federal government or any state, district, or territory, attributable to assets includible
in my estate, passing either under or outside of my Will, be apportioned among the persons interested in my
estate in accordance with applicable state and federal law. My executor is authorized and directed to seek
reimbursement from the beneficiaries of my estate of any taxes paid by my executor to the extent allowed by
Comment [TB1]: Only one option here for death
law.
tax payment – pursuant to state law – which could
cause unintended consequences for specific gifts.
If my executor cannot collect from any person interested in the estate the amount of tax apportioned
Comment [TB2]: This seems vague – cannot
to that person, the amount not recoverable will be equitably apportioned among the other persons interested
collect by when?
in the estate who are subject to apportionment.
If a person is charged with or required to pay tax in an amount greater than his or her prorated
Comment [TB3]: This states that if one person
amount because a second person does not pay his or her prorated amount, the person charged with or
doesn't pay their fair share of estate taxes, the
executor can collect from the others, and then the
required to pay the greater amount has a right of reimbursement against the second person.
others can sue the person who didn't pay. It seems
like the collection burden should fall on the
executor, rather than other beneficiaries.
Page 1 of my Last Will and Testament
___________________
(Signature)

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