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pour the proceeds into the trust; however, the details are beyond the scope of this simple will
explanation.
-Real estate that is jointly owned with right of survivorship passes to the surviving joint owner by
operation of law, regardless of what the will says. For example, when a married couple purchases
real estate, they will almost always own the property jointly, with right of survivorship. [The only
way to tell for certain whether there is a right of survivorship is to review the deed.] When one
spouse dies, the other spouse becomes the sole owner of such realty by operation of law. Thus,
even if your will directs that your uncle receive all of your real estate, upon your death, your spouse
will become the owner of realty jointly owned with her with right of survivorship.
FIFTH: If any property of my estate vests in absolute ownership in a minor or
incompetent, my personal representative, at any time and without court authorization, may:
distribute the whole or any part of such property to the beneficiary; or use the whole or any part
for the health, education, maintenance and support of the beneficiary; or distribute the whole or
any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian
for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons
with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor
executed by the person to whom the distribution is made shall be a full discharge of my personal
representative from any liability with respect thereto, even though my personal representative may
be such person. If such beneficiary is a minor, my personal representative may defer the
distribution of the whole or any part of such property until the beneficiary attains the age of
eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the
powers described in Article SEVENTH hereof. If the beneficiary dies before attaining said age,
any balance shall be paid and distributed to the estate of the beneficiary.
Summary: If a minor is going to take from this will, then my personal representative will hold or
distribute that gift, in whole, or in part, to the minor as he sees fit, until the beneficiary reaches
the age of 18. [This situation might arise, for example, if one or more children are minors at the
time of the testator’s death and the testator’s spouse predeceases him.] Once the beneficiary
reaches the age of 18, the beneficiary gets the remainder of his gift outright.
SIXTH: I appoint my wife ABIGAIL ADAMS to be my personal representative.
If my wife does not survive me, or shall fail to qualify for any reason as my personal representative,
or having qualified shall die, resign or cease to act for any reason as my personal representative, I
appoint THOMAS JEFFERSON as my personal representative. I direct that no personal
representative shall be required to file or furnish any bond, surety or other security in any
jurisdiction.
Comment: Typically, the testator’s spouse is identified as the personal representative. The personal
representative is responsible for probating the will; that is, having the court declare it valid. The
personal representative ensures that debts of the estate that must be paid are paid. The personal
representative pays such debts out of estate assets, not his own funds. The personal representative
ensures that necessary expenses of the estate are paid, that the property is inventoried, and that the
property is distributed in accordance with the will.