$3.$ Preparing a will $-$ Common features of a will

A will is a written, legally enforceable expression or declaration of a person$$s wishes concerning the disposition of his or her property upon death.

A situation in which a person dies without having prepared a valid will is called $.$ State laws draw the will the decedent failed to make in order to determine the disposition of the probate property of those who have died without a will. Generally, under these circumstances, the decedent$$s spouse is favored first, followed by the children, and then other offspring $($grandchildren or great$-$grandchildren$).$ If the spouse, children, or other offspring survive, they will divide the estate and other relatives will receive $.$

Suppose that Susan Becky Fogarty has prepared the following will:

The Last Will and Testament of Susan Becky Fogarty

Section $1-$ Introductory Clause

I, Susan Becky Fogarty, of the city of Cincinnati, Ohio, do hereby make my last will and revoke all wills and codicils made prior to this will.

Section $2-$ Direction of Payments

Article $1$: Payment of Debts and Expenses

I direct payment out of my estate of all just debts and the expenses of my last illness and funeral.

Section $3-$ Disposition of Property

Article $2$: Disposition of Property

I give and bequeath to my husband, Raphael Alex Fogarty, all my jewelry, automobiles, books, and photography equipment, as well as all other articles of personal and household use.

I give to the Cincinnati Historical Society the sum of $$30,000.$

All the rest, residue, and remainder of my estate, real and personal, wherever located, I give in equal one$-$half shares to my children, Roxanne Scarlet and Wolfgang Alexander, their heirs, and assigns forever.

Section $4-$ Appointment Clause

Article $3$: Nomination of Executor and Guardian

I hereby nominate as the Executor of this Will my beloved husband, Raphael Alex Fogarty, but if he is unable or unwilling to serve, then I nominate my sister$-$in$-$law, Gabrielle Elizabeth Fogarty. In the event that both persons named predecease me$,$ or shall cease or fail to act, then I nominate in the place of said persons, the Cincinnati Trust Bank of Cincinnati, Ohio.

If my husband does not survive me$,$ I appoint my brother, Charles David Alden, Guardian of the person and property of my son, Wolfgang Alexander, during his minority.

Section $5-$ Tax Clause

Article $4$: Payment of Taxes

I direct that there shall be paid out of my residuary estate $($from that portion that does not qualify for the marital deduction$)$ all estate, inheritance, and similar taxes imposed by a government in respect to property includable in my estate for tax purposes, whether the property passes under this will or otherwise.

Section $6-$ Simultaneous Death Clause

Article $5$: Simultaneous Death

If my husband and I shall die under such circumstances that there is not sufficient evidence to determine the order of our deaths, then it shall be presumed that he survived me$.$ My estate shall be administered and distributed in all respects in accordance with such assumption.

Section $7-$ Execution and Attestation Clause

In witness thereof, I have affixed my signature to this, my last will and testament, which consists of five $(5)$ pages, each of which I have initialed, this $24$th day of July, $2011.$

Signature: Susan Becky Fogarty

Section $8-$ Witness Clause

Signed, sealed, and published by Susan Becky Fogarty, the testator, in the presence of us$,$ who, at her request, and in the presence of each other, all being present at the same time, have written our names as witnesses.

$($Note: Normally the witness$$ signatures and addresses would follow this clause.$)$

The testator of this will is $.$

Susan Becky Fogarty$$s first choice as executor of her estate is $.$ This is specified in section $,$ article of the will.

In the event that her husband does not survive her, Susan Becky Fogarty has appointed $,$ as guardian of her son while he remains a minor. This is specified in section $,$ article of the will.

Upon her death, Susan Becky Fogarty has planned a charitable contribution of

$

to the Cincinnati Historical Society. This is specified in section $,$ article of the will.