No house, no kids, no need for a will, right? Wrong. If I died tomorrow, which I really hope I don't, there would be plenty of items in my possession that TK would wonder what to do with. I mean, I have a whole collection of penguin decorations for Christmas and I know people are just wishing for me to give it to them. So, I decided today to Write My Will as my 30 B4 30 item because, at almost 30 years old, it is time to think responsibly.Before I begin, let me explain to you that creating my will was not scary because I am not afraid of death. I am only afraid of how I will die because I don't want any pain. I believe that there is a heaven where souls are at peace and my grandmother and my friend Tom Mirabelli are both waiting there for me. So whatever happens, happens.
I came up with my basic last will and testament, and have good reasons for all or most of my decisions. I found a free fill in the blank form online, which served as the template for the very first version of my will. So, here is what I came up with:
LAST WILL AND TESTAMENT
of
______________Melissa Anne Kuehnle_______________
___XXX-XX-XXXX_(you didn't think I would give you my SSN, did you?)___
1. Declaration
I hereby declare that this is my last will and testament and that I hereby revoke, cancel and annul all wills and codicils previously made by me either jointly or severally. I declare that I am of legal age to make this will and of sound mind and that this last will and testament expresses my wishes without undue influence or duress. (This is for real!)
2. Family Details
I am married to _TK (that's his name to me)__ hereinafter referred to as my spouse.
3. Appointment of Executors
3.1. I hereby nominate, constitute and appoint __TK__ as Executor or if this Executor is unable or unwilling to serve then I appoint _Michael Gonzalez, Sr. (he said he was up for the job, if need be) as alternate Executor.
3.2. I hereby give and grant the Executor all powers and authority as are required or allowed in law, and especially that of assumption.
3.3. I hereby direct that my Executors shall not be required to furnish security and shall serve without any bond.
(Blah, blah, blah...)
3.4. Pending the distribution of my estate my Executors shall have authority to carry on any business, venture or partnership in which I may have any interest at the time of my death.
3.5. My Executors shall have full and absolute power in his/her discretion to insure, repair, improve or to sell all or any assets of my estate, whether by public auction or private sale and shall be entitled to let any property in my estate on such terms and conditions as will be in the best interest of my beneficiaries. (Blah.)
3.6. My Executors shall have authority to borrow money for any purpose connected with the liquidation and administration of my estate and to that end may encumber any of the assets of my estate.
3.7. My Executors shall have authority to engage the services of attorneys, accountants and other advisors as he/she may deem necessary to assist with the execution of this last will and testament and to pay reasonable compensation for their services from my estate. (Blah.)
4. Bequests
4.1. I bequeath unto the persons named below, if he or she survives me by 30 (thirty) days, the following:
Name:________Kaitlyn Russo (Alyson's daughter)_________
Relationship:_________niece ________________________
Address:________Medford, NY_______________________
Bequest:_All of my books, excluding photo albums and scrapbooks (She's smart now and she is just getting smarter. Most smart kids like books.)
Name:________TK_________________________________
Relationship:_______husband_________________________
Address:_______Holtsville, NY_______________________
Bequest:_My artwork, jewelry (excluding grandmother’s ring) and car (He needs something to remember me by.)
Name:________Angelina Gonzalez____________________
Relationship:_______mother _________________________
Address:_______Medford, NY_______________________
Bequest:___My grandmother’s ring (This is all I have from her after she died.)
Name:________Mary Kate Mahoney___________________
Relationship:_______friend _________________________
Address:_______Levittown, NY_______________________
Bequest:___My accessories (She always compliments me on my choice of earrings or bracelet. I think she would really appreciate my collection of cheap jewelry.)
Name:________Angelina Gonzalez____________________
Relationship:_______mother _________________________
Address:_______Medford , NY_______________________
Bequest:___ My bachelor's degree and master’s degree (My mom is proud of my academic achievements and already has my bachelor's degree framed and hanging on the wall in her house.)
4.2. I bequeath unto the organizations or institutions named below the following:
Name:__Savers (They sell the donated items and give the money to Big Brothers Big Sisters. It's a circle of charity.)________
Address:____Medford, NY_________________________
Bequest:___All clothing and footwear that friends and family do not claim_
Name:___Brighter Tomorrows (A domestic violence agency.)__
Address:_______Shirley, NY_________________________
Bequest:_____All toiletries and makeup (They need these items the most.)
4.3. If at the time of my death any of the property described in 4.1. and 4.2. above is no longer in my possession or part of my estate, then the bequest of such property shall be deemed null and void and shall no longer form part of this will and testament.
4.4. If any of the persons named in 4.1. above do not survive me by 30 (thirty) days, the property bequeathed to such a person shall become part of the remainder of my estate.
4.5. If any of the organizations or institutions named in 4.2. above no longer exist, the property bequeathed to such an organization or institution shall become part of the remainder of my estate.
4.6. If any property described above is encumbered by debt for which the beneficiary of such a bequest does not want to assume liability, such property shall revert to the remainder of my estate.
5. Remaining Property and Residual Estate
I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature to my spouse _TK__.
6. Alternate Beneficiaries
6.1. Should my spouse not survive me by thirty (30) days then I bequeath the remainder of my estate, property and effects, whether movable or immovable, wheresoever situated and of whatsoever nature in equal shares to:
Name:__Angelina Gonzalez___________________________
Relationship:______mother___________________________
Address:______Medford, NY_________________________
AND
Name:__Michael Gonzalez, Sr.________________________
Relationship:______father ___________________________
Address:______Medford, NY_________________________
6.2. If any of the beneficiaries named in 6.1. are proved to be indebted to me by means of a legal instrument, then his / her share of my estate shall be reduced by the amount of such debt.
6.3. Should any of the beneficiaries named in 6.1. not survive me by 30 (thirty) days I direct that the non-surviving person's share goes to his / her natural, adopted or step children in equal shares.
7. Special Requests
I direct that on my death my remains shall be buried in a mausoleum of my spouse’s choosing and all funeral expenses shall be paid out of my estate. (I have a little bit of life insurance and I don't want to be buried in the ground for bugs to crawl all over my body.) I would like for TK to pick a song to be played at my funeral that represents me and my personality. (I am not into depressing music.) I would like for attendees to wear whatever color they wish to the wake and funeral. There is no need for only dark colors to be worn. (I am a colorful person and don't like monochromatic outfits, even in my death.)
8.1. Words signifying one gender shall include the others and words signifying the singular shall include the plural and vice versa where appropriate.
8.2. Should any provision of this will be judged by an appropriate court of law as invalid it shall not affect any of the remaining provisions whatsoever.
IN WITNESS WHEREOF I hereby set my hand on this 25th day of August 2010 at 9:46 p.m. in the presence of the undersigned witnesses.
SIGNED: _______________________________
WITNESSES
As witnesses we declare that we are of sound mind and of legal age to witness a will and that to the best of our knowledge Melissa Anne Kuehnle is of legal age to make a will, appears to be of sound mind and signed this will willingly and free of undue influence or duress. We declare that he / she signed this will in our presence as we signed as witnesses in the presence of each other, all being present at the same time. Under penalty of perjury we declare these statements to be true and correct on this 25th day of August 2010 at 9:46 p.m.
Witness 1.
Name: ______________________
Address: ________________________________________
Signature: ________________________
Witness 2.
Name: ______________________
Address: ________________________________________
Signature: _______________________
So this is what I came up with for all of my worldly possessions and I think it is pretty comprehensive. Let's be realistic, I don't have much and I don't know anyone who really wants what I have. I think most people are more concerned with what I eat for lunch than what I can give them. Now to print it and have it signed by two witnesses. Hmmm...
P.S. Anyone who is mentioned in this will, don't get excited because I don't plan on dying anytime soon. I have more than a week left to this 30 B4 30 project and I am no quitter. Also, if anyone pisses me off, I have no problem removing their name. Watch it!
