LAST WILL - AND TRUST FOR MY CHILDREN (will-childrenno spouse revised w trust)

Aug 31, 2026

Last will and trust document that revokes prior wills and establishes how debts, funeral and burial or cremation expenses, and estate administration costs are paid from the estate after death. It directs payment of death-related taxes from the residuary estate, specifies distribution of tangible personal property among surviving children with contingencies for predeceased or childless outcomes, and provides minor-child handling through guardianship custody arrangements. The remainder of the estate is placed in trust for children under detailed trust purposes, trustee appointment, insurance proceeds, trustee powers, and asset management and reporting provisions.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages8

Reading Time3 min

AccessFree to download

Debts, funeral expenses, and administration costs

Taxes on death and payment source

Tangible personal property distribution

Residue placed in trust

Trust purposes for children

Appointment and replacement of trustees

Insurance proceeds for minors

Trustee powers and management of trust assets

[This document was prepared by [Supervising Attorney], Duke Health Justice Clinic, Box 90360, Durham, NC 27708, (919) 613-7169.] LAST WILL OF [TESTATOR’S NAME] I, [name of testator], domiciled in [name of county] County, North Carolina, declare this to be my last will, hereby revoking all wills and codicils heretofore made by me. At the time of the execution of this Will, my immediate family group consists of my children, [names of children]. I. I direct that all my just debts, my funeral and burial or cremation expenses, and the cost of administration of my estate be paid out of the assets of my estate as soon as practicable after my death. However, I direct that my Executor may cause any debt to be carried, renewed, and refinanced from time to time and upon such terms as my Executor may deem advisable taking into consideration the best interest of the beneficiaries hereunder. Provided further that any debts that could be barred by the applicable statutes of limitation shall not be paid as a debt of my estate. II. I direct that all taxes (including any interest and penalties thereon) imposed by any taxing authority because of my death shall be paid by my Executor out of my residuary estate, specifically including taxes on life insurance and other non-probate assets. III. I give my tangible personal property, including my automobiles, in shares of equal value, to my children who survive me. If any of my children predecease me, then that child’s share shall be distributed equally among my surviving children. If none of my children survive me, I give the same to [alternate beneficiary]. My Executor shall have the sole discretion to divide the property among my children, taking into consideration their wishes. I may leave a writing, which, although not a part of my Will, expresses my desires concerning the disposition of my tangible personal property. I request, but do not require, that my wishes as set forth in any such writing be observed. If any beneficiary of my tangible personal property has not reached the age of 18 at the time of my death, my Executor shall deliver that minor child’s share, regardless of value, to that child’s parent, legal guardian or other adult who has custody of him or her, and that person’s receipt shall operate as a full release of my Executor. If it becomes necessary to incur expenses of shipment to complete the delivery of my tangible personal property to a beneficiary, my estate and not the beneficiary who is to receive that bequest shall arrange for and pay the costs of shipment incurred in making such delivery. IV. I give all of the rest, residue, and remainder of my property of every sort, kind and description, both real and personal, absolutely and in fee simple, to my Trustee(s), hereinafter named, IN TRUST, pursuant to the terms of Article V of this Will, for the benefit of my children. If none of my children survive me, I give the same to [alternate beneficiary]. V. TRUST FOR MY CHILDREN Property that is distributed to my Trustee under the terms of this Will shall be administered pursuant to the following terms and conditions: A. Purpose of Trust. The purpose of this Trust is to provide for the health, education, support and maintenance of my children who survive me. B. Appointment of Trustee. I name [Trustee name] of [Trustee’s county] County, North Carolina, as Trustee. If the appointment of a substitute or successor Trustee becomes necessary, I name [alternate Trustee] of [alternate’s county] County, North Carolina. If the appointment of additional successor Trustees is necessary, the last serving Trustee shall have the right to make such appointment, without court order, in a writing signed by the last serving Trustee. Any Trustee shall have the right to resign, without court order, at any time in a writing signed by the Trustee with such resignation to be effective upon the acceptance of the Trusteeship by a successor Trustee. C. Insurance Proceeds. Any insurance

FAQs

How are debts and funeral or burial/cremation expenses handled in the will?

They are to be paid out of the estate’s assets as soon as practicable after death, while allowing the Executor to carry, renew, and refinance debts when advisable. Debts that could be barred by applicable statutes of limitation are not to be paid as a debt of the estate.

How is tangible personal property distributed among the testator’s children?

Tangible personal property (including automobiles) is given in equal value shares to surviving children. If a child predeceases the testator, that child’s share is distributed equally among surviving children; if none survive, it goes to an alternate beneficiary.

What happens to a child’s share if the child is under 18 at the time of death?

The Executor must deliver the minor child’s share to the child’s parent, legal guardian, or other adult with custody, regardless of value, and that person’s receipt serves as a full release of the Executor.

Aug 31, 2026

Upload by Maya Linwood