If you fail to prepare an estate plan, the state will divide your estate according to intestacy laws. The following are the rules of intestacy law drafted into the form of a Will to show how foolish the Will would read if it were written according to actual intestacy laws.

LAST WILL AND TESTAMENT

Being of sound mind and memory, I do hereby publish this as my last will and testament:

FIRST:  I give my wife only one-third of my possessions, and I give my children the remaining two-thirds.

1. I appoint my wife as Guardian of my children, but as a safeguard I require that she report to the Probate Court each year and render an accounting of how and why and where she spent the money necessary for the proper care of my children.
2. As a further safeguard, I direct my wife to produce to the Probate Court a Performance Bond to guarantee that she exercises proper judgment in the handling, investment and spending of the children's money.
3. As a final safeguard, my children shall have the right to demand and receive a complete accounting from their mother of all her financial actions with their money as soon as they reach the age of 18.
4. When my children reach the age of 18, they shall have full rights to withdraw and spend their entire share of my estate. No one shall have any right to question my children's actions on how they decide to spend their respective shares.

SECOND:  Should my wife re-marry, her second husband shall be entitled to one-third of everything in my wife's possession. Should my children need some of this share for their support, the second husband shall not be bound to spend any part of his share on my children's behalf.

1. The second husband shall have sole right to decide who is to get his share, even to the exclusion of my children.

THIRD:     Should my wife predecease me or die while any of my children are minors, I do not wish to exercise my right to nominate the Guardian of my children.

1. Rather than nominating a Guardian of my preference, I direct my relatives and friends to get together and select a Guardian by mutual agreement.
2. In the event that they fail to agree on a Guardian, I direct the Probate Court to make the selection. If the Court wishes, it may appoint a stranger acceptable to it.

FOURTH:  Under existing tax law, there are certain legitimate avenues open to me to lower death taxes. Since I prefer to have my money used for governmental purposes rather than for the benefit of my wife and children, I direct that no effort be made to lower taxes.

In witness thereof, I have set my hand to this Last Will and Testament.

This __________ day of ________________________, 200__.

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