I am married at the time of executing this Will. References in this Will to “my spouse” are to Jane Doe
I currently have children
Mark Doe
Janice Doe
*An executor is the person you choose to carry out the instructions in your Will after you die. They are responsible for dealing with your estate, paying any debts or costs, and distributing what is left to your beneficiaries.
I nominate Paul Davies to be the independent Executor of this Will.
If Paul Davies dies, fails to qualify, resigns, becomes incapacitated, or otherwise ceases to serve as my Executor, I nominate the following individual(s) to serve as Alternate Executor(s):
John Smith of Kingston, New York
*Anything you own or control in digital form, such as online accounts, photos, documents, cryptocurrency, websites, social media accounts.
I appoint John Smith of Kingston, New York as my Digital Executor.
*Use this section to distribute gifts to individuals or organisations
I gift my Stamp Collection to John Smith of Kingston, New York
*Your residual estate is whatever is left after any specific gifts, debts, taxes, and costs have been dealt with. This remainder will be divided between your beneficiaries using the percentages you choose.
The individual Mark Doe of Kingston, New York, shall receive 50 shares of the residue of my estate.
The individual Janice Doe of Kingston, New York, shall receive 50 shares of the residue of my estate.
*Backup beneficiaries in case your main beneficiaries die before they inherit
If none of the primary or alternate beneficiaries named in this Will survive me, I direct that my estate shall be distributed as follows:
100 shares to Clark Kent of Smallville, Kansas
*Appoint guardians for your children in case your spouse does not survive you.
Daniel Morgan and Emily Morgan of Kingston, New York, shall be considered as the Guardians of all my minor and dependent children until they reach at least 18 years of age.
Sir Meowsalot (Cat), I leave the sum of $100.00 and appoint as Caretaker Daniel Morgan, of Kingston New York
*Include any additional instructions or personal messages.
I would like any family photographs and personal keepsakes to be offered to my close family
I forgive anyone who may have wronged me during my lifetime and wish them peace.
Before signing, ensure your Will:
◆ Contains no errors
◆ Is valid in your state
◆ Includes your full personal details
◆ Names an executor
◆ Clearly states how your assets will be distributed
◆ Identifies all beneficiaries
◆ Sets out any funeral wishes
Your Will must accurately reflect your intentions. Clear drafting reduces confusion and lowers the risk of disputes after your death.
Discuss your wishes with your chosen executor so they fully understand their responsibilities. Clear communication now prevents uncertainty later.
For added reassurance, you may have your completed Will reviewed by one of our will writing specialists. This optional check helps ensure the document is properly completed, clearly written, and free from common mistakes before signing.
State laws vary, but generally your Will should be:
◆ Signed by you (the testator)
◆ Witnessed by two disinterested adults (18+, mentally competent)
◆ Notarized if required (mandatory in Louisiana)
Proper execution is essential for validity.
◆ Inform your executor where the original is stored
◆ Provide copies to trusted individuals
◆ Do not hide it in an inaccessible location
◆ Consider registration if available in your state
Only the original signed paper Will is legally valid. Digital copies or scans cannot replace the original.
Your Full Name
Your Date of Birth
Your Address
Your Phone Number
Your Email Address
*Person you choose to make health care decisions for you if you are unable to
I Your Full Name, appoint:
Agent Full Name
Agent Address
Agent Phone Number
Agent Email Address
My agent shall have the following limitations: No additional instructions
*This section explains what health care decisions your agent can make for you and allows you to choose which powers you want to give them.
NO Contract for health services/benefits
YES Hire/fire personnel responsible for care
NO Authorize participation in medical research
NO Consent/refuse pain management medications/procedures
YES Decide on organ/tissue donation, autopsy, remains
*In most cases, life-sustaining medical treatment is any medical intervention, medication, or anything mechanical or artificial that sustains or prolongs the dying process for a terminally ill patient. These may include, but are not limited to:
May the health care agent withhold or withdraw the use of Life-Sustaining Treatment?
YES
*You have an illness or injury that will lead to death in the near future, even with treatment. Medical care cannot cure it or stop it from progressing. Life-sustaining treatments may prolong life briefly, but they cannot change the outcome.
In case of a terminal condition, would you like to continue or not continue life-sustaining treatment?
CONTINUE
*Your condition cannot be cured and you will not regain the ability to live independently or recover to your previous level of functioning. You are not necessarily dying soon, but treatment can only keep your body alive - it cannot restore awareness, health, or meaningful recovery.
In case of an irreversible condition, would you like to continue or not continue life-sustaining treatment?
CONTINUE
*This section explains the practical rules for using your agent’s authority, including reliance by providers, use of copies, and expense reimbursement.
My agent's authority includes the following administrative provisions:
YES Health care providers can rely on my agent. No one who relies in good faith on any representations by my agent or backup agent will be liable to me, my estate, my heirs or assigns, for recognizing the agent's authority.
YES I intend this power of attorney to be universal; it is valid in any jurisdiction in which it is presented.
YES I intend that copies of this document are as effective as the original.
YES My agent will not be entitled to compensation for services performed under this power of attorney, but he or she will be entitled to reimbursement for all reasonable expenses that result from carrying out any provision of this power of attorney.
*This section explains how long your health care power of attorney remains valid and allows you to set an end date if you want one.
This power of attorney shall end on my death
The form included in this guide is a simplified Health-Care Advance Directive. It contains both a Medical Power of Attorney and a Living Will. To use the form properly, you should:
◆ Choose the person you want to act as your health-care agent.
◆ Consider what instructions and guidance you want your agent to follow.
◆ Complete the appropriate form and sign it with two witnesses, and a notary if required.
Your agent may need to make major decisions about your care, including life-support and treatment choices. Pick someone who understands your values, respects your decisions, and is prepared to advocate for you.
It is usually best to name one primary agent and at least one alternate. To satisfy the combined requirements of many states, your agent should be a competent adult and must NOT be:
◆ A current health-care provider or the owner/operator of a care facility serving you.
◆ A spouse, employee, or spouse of an employee of your health-care provider.
◆ Someone who evaluates your decision-making capacity professionally.
◆ An employee of a government agency responsible for your care (unless related).
◆ A court-appointed guardian or conservator.
◆ Someone who already acts as a health-care agent for ten or more people.
Choose someone who is reliable, can handle stressful situations, communicates clearly, and will speak up for your wishes. Ideally, they should live nearby or be able to travel quickly.
After choosing your agent, have a clear conversation about your wishes. Explain what types of treatments you would or would not want, and talk honestly about your values. Your agent must try to make decisions based on what you would choose, so discussing your preferences is essential. This is a key part of advance-care planning.
Your wishes, relationships, and circumstances can change over time. It’s recommended that you review your documents every 2–3 years and update them whenever something in your life or preferences shifts.
This universal form is designed to meet general requirements across many states. However, each state has its own rules about witnesses and notarization.
You must sign and date this form in front of two eligible witnesses who see you sign. Four states require both witnesses and a notary:
◆ Missouri
◆ North Carolina
◆ South Carolina
◆ West Virginia
A witness MAY NOT be:
◆ Your agent or alternate agent.
◆ A relative by blood, marriage, partnership, or adoption.
◆ A health-care provider or facility operator caring for you.
◆ An employee of your health-care provider.
◆ Anyone financially responsible for your care.
◆ An employee of your insurance provider.
◆ A creditor or someone who may inherit from you.
◆ Anyone who stands to benefit financially from your death.
Your Full Name
Your Address
Your Phone Number
Your Email Address
*Person you choose to make financial care decisions for you if you are unable to
I Your Full Name, appoint:
Agent Full Name
Agent Address
Agent Phone Number
Agent Email Address
*Backup agent in case your main agent is unable so serve
Agent Full Name
Agent Address
Agent Phone Number
Agent Email Address
*This section gives your agent authority to act for you if you become incapacitated.
NO Real estate transactions
YES Stock and bond transactions
NO Business operating transactions
*CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. Consultation with an attorney is recommended before granting any of these specific powers.
NO Create, amend, revoke, or terminate an inter vivos trust
YES Make a gift
NO Create or change a beneficiary designation
*The IRS annual gift tax exclusion is $19,000 per recipient. That means a person can generally give up to $19,000 to each person in that year without using their lifetime gift/estate tax exemption.
Can your agent give away your money/property only up to the federal annual gift tax exclusion limit? YES
*CAUTION: Consultation with an attorney is recommended before granting any of these specific powers.)
My Agent is entitled to reasonable payment for services provided under this Power of Attorney.
YES
My Agent is also entitled to reimbursement of all reasonable expenses incurred in acting under this Power of Attorney.
YES
This Power of Attorney shall be governed by the laws of the state of
New York Moreover, I intend to have this Power of Attorney universally recognized and be admissible to recordation. In case that I become a resident of another jurisdiction, or obtain any form of property interest in another jurisdiction, it remains my intention that
the laws of New York shall continue to govern over this Power of Attorney to the extent that might be legally possible.
This Power of Attorney takes effect immediately and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue to be effective
until my death . This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
Dated 20.06.2025 at Kingston, New York
Your Agent should always know what responsibilities they are accepting before the document is signed.
Discuss:
◆ The type of authority you are giving them
◆ Any limits or expectations you want them to follow
◆ Whether they are willing and able to act if needed
An Agent should only be appointed if they clearly agree to act in your best interest.
Before signing, confirm that everything reflects your wishes. Make sure you’re comfortable with:
◆ The exact powers you are granting (and any you have chosen not to grant)
◆ When those powers begin (immediately, on a future date, or only if you become unable to manage your affairs)
◆ Whether you have named Co-Agents and how they must act together
Only proceed once you fully understand and agree with the powers being given to your Agent.
You must sign the document according to your state’s requirements, which may include witnesses, notarization, or both.
If your agent has authority over real estate, your DFPA must be recorded with the county’s land records office before use.
You should also:
◆ Give your Agent a copy
◆ Provide copies to relevant institutions
◆ Record the document if it will be used for real estate matters
◆ Witnesses must be adults of sound mind and not beneficiaries.
◆ Some states restrict witnesses from being executors or beneficiaries.
◆ North Carolina and South Carolina require certain Durable POAs to be recorded.
◆ Always check your state’s witnessing and notarization rules.
| State | Requirement |
|---|---|
| Alabama | Notary must sign |
| Alaska | Notary must sign |
| Arizona | Notarized in the presence of 1 Witness |
| Arkansas | Notary must sign |
| California | 2 Witnesses or a Notary must sign |
| Colorado | Notary must sign |
| Connecticut | Notarized in the presence of 2 Witnesses |
| Delaware | Notarized in the presence of 1 or more Witnesses |
| District of Columbia | Notary must sign |
| Florida | Notarized in the presence of 2 Witnesses |
| Georgia | Notarized in the presence of 1 or more Witnesses |
| Hawaii | Notary must sign |
| Idaho | Notary must sign |
| Illinois | Notarized in the presence of 1 Witness |
| Indiana | Notarized in the presence of 2 Witnesses |
| Iowa | Notary must sign |
| Kansas | 2 Witnesses or a Notary must sign |
| Kentucky | A Notary must sign |
| Louisiana | Notarized in the presence of 2 Witnesses |
| Maine | Notary must sign |
| Maryland | Notarized in the presence of 2 Witnesses |
| Massachusetts | Notary must sign |
| Michigan | 2 Witnesses OR a Notary must sign |
| Minnesota | Notary must sign |
| Mississippi | Notary must sign |
| Missouri | Notary must sign |
| Montana | Notary must sign |
| Nebraska | Notary must sign |
| Nevada | Notary must sign |
| New Hampshire | Notary must sign |
| New Jersey | Notarized in the presence of 1 Witness |
| New Mexico | Notary must sign |
| New York | 2 Witnesses and a Notary must sign |
| North Carolina | Notary must sign |
| North Dakota | Notary must sign |
| Ohio | Notary must sign (2 Witnesses may be added) |
| Oklahoma | Notary must sign |
| Oregon | Notary must sign |
| Pennsylvania | 2 Witnesses and a Notary must sign |
| Rhode Island | Notary must sign |
| South Carolina | 2 Witnesses and a Notary must sign |
| South Dakota | Notary must sign |
| Tennessee | Notary must sign |
| Texas | Notary must sign |
| Utah | Notary must sign |
| Vermont | Notary must sign |
| Virginia | Notary must sign |
| Washington | Notary must sign or 2 Witnesses |
| West Virginia | Notary must sign |
| Wisconsin | Notary must sign |
| Wyoming | Notary must sign |
Disclaimer: ByTheWillow is not a law firm and does not provide legal advice.
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