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Maryland Last Will and Testament for Divorced and Remarried Person...

Maryland Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children

Category:

Wills - For People with Children

State:

Maryland

Control #:

MD-WIL-01704

Format:

Instant download

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Description

This is a Legal Last Will and Testament Form with Instructions for Divorced and Remarried Person with Mine, Yours and Ours Children. The will you have found is for a divorced person who has remarried. This will is to be used when there are children of the present marriage and either one or both spouses have children from prior marriages. It provides for the appointment of a personal representative or executor, designation of who will receive your property and other provisions. It also establishes a trust for the estate left to the minor children.

This will must be signed in the presence of two witnesses, not related to you or named in your will. If your state has adopted a self-proving affidavit statute, a state specific self-proving affidavit is also included and requires the presence of a notary public to sign the will.

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Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children

Note: This summary is not intended to be an all-inclusive discussion of the law of wills in Maryland, but does contain basic and other information. This summary does not discuss handwritten wills or the situation where the testator cannot sign his or her name.

Who may make a will: Any person may make a will if he is 18 years of age or older, and legally competent to make a will. 4-101

Execution of Will: A will shall be (1) in writing, (2) signed by the testator, or by some other person for him, in his presence and by his express direction, and (3) attested and signed by two or more credible witnesses in the presence of the testator. 4-102

Foreign Wills: A will executed outside this state is properly executed if it is: (1) In writing;(2) Signed by the testator; and (3) Executed in conformity with the provisions of Maryland law, or the law of the domicile of the testator, or the place where the will is executed. 4-104

Revocation: A will may be revoked by:
(1) Subsequent will. - By provision in a subsequent, validly executed will which (i) revokes any prior will or part of it either expressly or by necessary implication, or (ii) expressly republishes an earlier will that had been revoked by an intermediate will but is still in existence;
(2) Destruction. - By burning, cancelling, tearing, or obliterating the same, by the testator himself, or by some other person in his presence and by his express direction and consent;
(3) Subsequent marriage and issue. - By the subsequent marriage of the testator followed by the birth, adoption, or legitimation of a child by him, provided such child or his descendant survives the testator; and all wills executed prior to such marriage shall be revoked; or
(4) Divorce or annulment. - By an absolute divorce of a testator and his spouse or the annulment of the marriage, either of which occurs subsequent to the execution of the testator's will; and all provisions in the will relating to the spouse, and only those provisions, shall be revoked unless otherwise provided in the will or decree. 4-105

Delivery of Will: After the death of a testator, a person having custody of his will shall deliver the instrument to the register for the county in which administration should be had pursuant to law. The custodian may inform an interested person of the contents of the will. A custodian who willfully fails or refuses to deliver a will to the register after being informed of the death of the testator is liable to a person aggrieved for the damages sustained by reason of the failure or refusal. 4-202

Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children

Who may make a will: Any person may make a will if he is 18 years of age or older, and legally competent to make a will. 4-101

Maryland Last Will and Testament for Divorced and Remarried Person with Mine, Yours and Ours Children

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