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by permission of copyright holder © \'Daniel Sitarz\' 2005\n\n2\n\n.findlegalforms.com/public/LIVT/west_virginia.html http://www.findlegalforms.com/public/LIVT/wisconsin.html http://www.findlegalforms.com/public/LIVT/wyoming.html\n\nAppendix A ­ State Law Digest Usedublic/LIVT/utah.html http://www.findlegalforms.com/public/LIVT/vermont.html http://www.findlegalforms.com/public/LIVT/virginia.html http://www.findlegalforms.com/public/LIVT/washington.html http://wwwttp://www.findlegalforms.com/public/LIVT/south_dakota.html http://www.findlegalforms.com/public/LIVT/tennessee.html http://www.findlegalforms.com/public/LIVT/texas.html http://www.findlegalforms.com/pLIVT/oregon.html http://www.findlegalforms.com/public/LIVT/pennsylvania.html http://www.findlegalforms.com/public/LIVT/rhode_island.html http://www.findlegalforms.com/public/LIVT/south_carolina.html h//www.findlegalforms.com/public/LIVT/north_dakota.html http://www.findlegalforms.com/public/LIVT/ohio.html http://www.findlegalforms.com/public/LIVT/oklahoma.html http://www.findlegalforms.com/public/VT/new_jersey.html http://www.findlegalforms.com/public/LIVT/new_mexico.html http://www.findlegalforms.com/public/LIVT/new_york.html http://www.findlegalforms.com/public/LIVT/north_carolina.html http:.findlegalforms.com/public/LIVT/nebraska.html http://www.findlegalforms.com/public/LIVT/nevada.html http://www.findlegalforms.com/public/LIVT/new_hampshire.html http://www.findlegalforms.com/public/LIISCONSIN WYOMING\n\nhttp://www.findlegalforms.com/public/LIVT/mississippi.html http://www.findlegalforms.com/public/LIVT/missouri.html http://www.findlegalforms.com/public/LIVT/montana.html http://wwwE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA Wegalforms.com/public/LIVT/minnesota.html 1\n\nAppendix A ­ State Law Digest Used by permission of copyright holder © \'Daniel Sitarz\' 2005\n\nMISSISSIPPI MISSOURI MONTANA NEBRASKA NEVADA NEW HAMPSHIRTUCKY LOUISIANA MAINE MARYLAND\n\nMASSACHUSETTS http://www.findlegalforms.com/public/LIVT/massachusetts.html MICHIGAN MINNESOTA http://www.findlegalforms.com/public/LIVT/michigan.html http://www.findldlegalforms.com/public/LIVT/maryland.html\n\nALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA GEORGIA HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENic/LIVT/kansas.html http://www.findlegalforms.com/public/LIVT/kentucky.html http://www.findlegalforms.com/public/LIVT/louisiana.html http://www.findlegalforms.com/public/LIVT/maine.html http://www.finml http://www.findlegalforms.com/public/LIVT/illinois.html http://www.findlegalforms.com/public/LIVT/indiana.html http://www.findlegalforms.com/public/LIVT/iowa.html http://www.findlegalforms.com/publdlegalforms.com/public/LIVT/florida.html http://www.findlegalforms.com/public/LIVT/georgia.html http://www.findlegalforms.com/public/LIVT/hawaii.html http://www.findlegalforms.com/public/LIVT/idaho.html http://www.findlegalforms.com/public/LIVT/connecticut.html http://www.findlegalforms.com/public/LIVT/delaware.html http://www.findlegalforms.com/public/LIVT/district_of_columbia.html http://www.finrms.com/public/LIVT/arizona.html http://www.findlegalforms.com/public/LIVT/arkansas.html http://www.findlegalforms.com/public/LIVT/california.html http://www.findlegalforms.com/public/LIVT/colorado.hte state link below to access the state\'s living trusts law summary) http://www.findlegalforms.com/public/LIVT/alabama.html http://www.findlegalforms.com/public/LIVT/alaska.html http://www.findlegalfoundue influence. _____________________________ Notary Public My commission expires ____________________\n\nAPPENDIX A FindLegalForms.com State Law Digest for Living Trusts\n(Click\n\non the appropriatshe signed the above document in my presence. I declare under penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no duress, fraud, or f ____________________ On ____________________, ______________________________ came before me personally and, under oath, stated that he or she is the person described in the above document and he or rustee of the Trust. 3. ______________________________ Signature of Trustee ______________________________ Printed Name of Trustee 4.\n\nNotary Acknowledgment\n\nState of ____________________ County orust, which was created on the date of ________________, by the grantor, _____________________________. 2. I hereby acknowledge that I accept the office of Trustee of the Trust, and am now acting as Towledgment section (to be completed by notary public).\n\nRegistration of Living Trust\n1. I, ______________________________, am Trustee of the __________________________ ____________________ Living Ttee, Name of Living Trust, and Date original Living Trust was created. 2. No information needed. 3. Your signature and printed name (do not sign unless in front of a notary public). 4. The Notary Acknon is required in your state. Note also that even though such registration may technically be required for your state, there are no penalties or consequences for failing to do so. 1. Full name of trusnts of a number of states are required to register the main details regarding the existence of a Living Trust with their local courts. Please check the State Law Digest to determine if such registratiially transfer ownership of the property back to yourself using the appropriate ownership documentation.\n\nSample Completed Living Trust\n\n10\n\nInstructions for Registration of Living Trust\nResidendrea Ann Doria Living Trust, dated June 4, 2003.\" If you add or delete property from your Schedule of Assets of Living Trust or if you entirely revoke your Living Trust, you must be certain to officur name] Living Trust, dated [date of creation of the trust].\" So, for example, the name on a new deed which is used to transfer property to the trust would be \"Andrea Ann Doria, as Trustee of the Aing the partnership agreement to specify ownership by the trust) When transferring property ownership to the Living Trust, you should specify ownership as follows: \"[your name], as Trustee of the [your Schedule of Assets of Living Trust. Corporate ownership transfers require reissuing stock certificates in the name of the trust. Transfers of ownership for partnerships will generally require amendbrokerage accounts are transferred by completing paperwork supplied by the particular brokerage house or fund) Business interests (ownership of a sole proprietorship is transferred by listing it on yoaperwork supplied by the particular financial institution) Stocks, bonds, and mutual funds (stocks and bonds are generally transferred by having a new stock certificate or bond issued. Mutual fund or d generally, by an Assignment of Property to Living Trust form which must then be filed with the appropriate federal agency) Bank accounts and safe deposit boxes (generally transferred by completing ps motor vehicle department or Secretary of State) Boats (transferred by title generally, which must then be filed with the appropriate state department) Patents, copyrights, and trademarks (transferreeal estate (transferred by deed, which must then be properly recorded in the county or parish clerk\'s office) Motor vehicles (transferred by title generally, which must then be filed with the state\'documents of title to pass ownership of the property from yourself to the Trust. The types of property and the necessary ownership documents that you will need to complete include the following: All rnario, would actually be forfeited to the state if you have no living heirs.\n\nSample Completed Living Trust\n\n9\n\nTo be certain that these events do not come to pass, you must complete the proper untransferred property would pass to the beneficiaries of any will you might have or, if you do not have a will, would be distributed to your heirs as determined by the state, or, in a worst case sceerty to your Trust, this property will not be considered part of your trust estate and your Successor Trustee will have no legal authority to distribute the property to your chosen beneficiaries. Suchf any property which has ownership documentation. It is very important that you make these transfers as soon as possible after completing your Living Trust. If you do not effectively transfer the proprevoke your Living Trust.\n\nTransferring Property to Your Living Trust\nAfter you have completed signing and having your Living Trust notarized, you will need to complete the transfers to the Trust oave named to keep a copy of your Living Trust. Be careful, however, to be certain that you immediately inform him or her of any amendments to your Living Trust which you prepare or of any decision to sferred under your Living Trust may also be stored with your Living Trust for the convenience of your Successor Trustee. A final precaution, if you desire, is to allow the Successor Trustee whom you h your Successor Trustee with an inventory and location list of your assets and a list of information regarding your beneficiaries. Any title documents or deeds relating to property which is to be tranation. Additionally, it is also prudent to store a copy of your Property Questionnaire, Beneficiary Questionnaire, and the Successor Trustee Information List with your Living Trust in order to provide must be looked after without delay, for example: funeral plans or organ donations. It is also a good practice to store any life insurance policies and a copy of your birth certificate in the same locour chosen Successor Trustee of its location. The Successor Trustee will need to obtain the original of your Living Trust shortly after your demise to determine if there are any necessary duties whichis used for home storage of your important papers. If possible, this storage place should be fireproof and under lock and key. Wherever you decide to store your Living Trust, you will need to inform yopy of your Living Trust at home in a safe but easily-located place, with a note as to where the original may be found. An acceptable alternative to a safe deposit box is a home file box or desk that on, some states prevent immediate access to the safe deposit box of a deceased married person. If you decide to keep the original in your safe deposit box, it is a good idea to keep a clearly marked clays in gaining access to a safe deposit box in an emergency situation. If you are married and your safe deposit box is jointly held, many of these delays can be avoided. However, even in this situati be advised that there are certain drawbacks. Your Living Trust should be in a place which is readily accessible to your Successor Trustee at a moment\'s notice. Often there are certain unavoidable de is now time to place your Living Trust in a safe place. Many people keep their important papers in a safe deposit box at a local bank. Although this is an acceptable place for storing a Living Trust,a good idea to label any of these as \"COPIES.\"\n\nSample Completed Living Trust\n\n8\n\nSafeguarding Your Living Trust\nHaving completed your Living Trust according to the foregoing instructions, itocument and you may be assured that your wishes will be carried out upon your death. Once it has been properly executed following the steps above, you may make photocopies of your Living Trust. It is p is for the Notary Public to complete the Notary Acknowledgments, sign in the space indicated, and stamp with his or her Notary Seal. When this step is completed, your Living Trust is a valid legal dnd government offices have notary services and most will be glad to assist you. In front of the Notary Public, you should sign your Living Trust and Schedules in the places indicated. 6. The final stetions and no additions, staple all of the pages together in the top left-hand corner. 5. Take the original of your Living Trust and Schedules before a Notary Public. Many banks, real estate offices, at contained in the previous section, except that the signature and notary acknowledgement spaces should be blank. 4. When you have a perfect original of your Living Trust and Schedules, with no correctape or with erasures of any kind. Do not cross out or add anything to the printed copy using a pen or pencil. Your Living Trust, when completed properly, should look similar to the sample Living Trusntire Living Trust. Be certain that there are no errors. If there are any errors, correct and reprint that particular page. Do not attempt to correct any errors with whiteout type correcting fluid or ½\" x 11\") paper. 3. After you have completed typing your Living Trust and Schedules, fill in the total number of pages in the line above the Signature section. Again, very carefully proofread your eon of your Living Trust to be certain that it is exactly as you wish. 2. After making any necessary changes, print the entire Living Trust and the appropriate Schedules on good quality letter-sized (8st and Schedules, cross out all of the instructions, circled numbers, and any other extraneous material which is not to become a part of your Living Trust. Carefully re-read the entire worksheet versi your Living Trust, take your time and be very careful to proofread the original before you sign it to be certain that it exactly states your desires. 1. On a copy worksheet version of your Living Tru the Living Trust form in this kit, and on the appropriate Schedules of Assets and Beneficiaries. Below are instructions for preparing the final version of your Living Trust. As you go about preparingf or have it completed and readied for your signatures. Using your Property and Beneficiary Questionnaires as a guide, you should already have selected and filled in the appropriate information on oneus section, there is nothing very complicated about the arrangement of your Living Trust. This section will explain how to put your own Living Trust together and properly complete and print it yourselLincoln\nNotary Public\n\n(Signed)\n\nMy commission expires 12/31/2005\n\nSample Completed Living Trust\n\n7\n\nCompleting Your Living Trust\nAs you have noted in the sample Living Trust in the previoent in my presence. I declare under penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.\n\nSally Completed Living Trust\n\n6\n\nOn June 4, 2003, Mary Ellen Smith came before me personally and, under oath, stated that she is the person described in the above document and she signed the above documall be subject to the terms of any such children\'s trust.\n\nMary Ellen Smith\nSignature of Grantor Mary Ellen Smith Printed Name of Grantor State of Illinois County of Johnson\n\n(Signed)\n\nSample amed on this Schedule of Beneficiaries is subject to the terms of any children\'s trust in the main trust document to which this Schedule pertains, then any property distributed to such Beneficiary she of the trust assets shall be distributed to John Henry Smith, my husband, or if not surviving, to Alice Mary Smith and Bradley John Smith, my children, in equal shares. If any of the Beneficiaries nng trust assets shall be distributed: $20,000.00 in funds held in a trust account for the Mary Ellen Smith Trust in the Bank of Centerville, Centerville, IL, account #123456789 All the rest and residue pockets, manufactured by Hanson and Company of Chicago, IL To Alice Mary Smith and Bradley John Smith, my children, in equal shares, or if not surviving, to John Henry Smith, my husband, the followiy friend, the following trust assets shall be distributed: A brown mink coat purchased from Henderson Furriers, size small, and described as a thigh-length light-brown mink coat with two (2) slash-sid and described as an oval-cut diamond of .75 carats set in a white-gold setting on an 18-inch white-gold braided necklace To Helen Mary Barrett, my mother, or if not surviving, to Annie Janet Jones, mllows: To Annie Janet Jones, my friend, or if not surviving, to Helen Mary Barrett, my mother, the following trust assets shall be distributed: An oval diamond necklace purchased from Tiffany and Co., 4, 2003. Upon the death of the grantor of the trust and the payment of all debts, taxes, and liabilities of the grantor, the Successor Trustee shall distribute the remaining assets of the Trust as foiving Trust\n\n5\n\nSCHEDULE OF BENEFICIARIES OF LIVING TRUST\nThis Schedule of Beneficiaries is made on June 4, 2003, by Mary Ellen Smith, the grantor, to the Mary Ellen Smith Living Trust dated Juneubscribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence.\n\nSally Lincoln (Signed)\nNotary Public My commission expires 12/31/2005\n\nSample Completed Lally and, under oath, stated that she is the person described in the above document and she signed the above document in my presence. I declare under penalty of perjury that the person whose name is snt #123456789\n\nMary Ellen Smith (Signed)\nSignature of Grantor Mary Ellen Smith Printed Name of Grantor\n\nState of Illinois County of Johnson On June 4, 2003, Mary Ellen Smith came before me person (2) slash-side pockets, manufactured by Hanson and Company of Chicago, IL $20,000.00 in funds held in a trust account for the Mary Ellen Smith Trust in the Bank of Centerville, Centerville, IL, accouats set in a white-gold setting on an 18-inch white-gold braided necklace A brown mink coat purchased from Henderson Furriers, size small, and described as a thighlength light-brown mink coat with twotor\'s right, title, and interest in the following property shall be the property of the trust: An oval diamond necklace purchased from Tiffany and Co., and described as an oval-cut diamond of .75 carSCHEDULE OF ASSETS OF LIVING TRUST\nThis Schedule of Assets of Living Trust is made on June 4, 2003, by Mary Ellen Smith, the grantor, to the Mary Ellen Smith Living Trust dated June 4, 2003. All granstrument appears to be of sound mind and under no duress, fraud, or undue influence.\n\nSally Lincoln (Signed)\nNotary Public My commission expires 12/31/2005\n\nSample Completed Living Trust\n\n4\n\n, stated that she is the person described in the above document and she signed the above document in my presence. I declare under penalty of perjury that the person whose name is subscribed to this inSignature of Grantor Mary Ellen Smith Printed Name of Grantor\n\nNotary Acknowledgments\nState of Illinois County of Johnson On June 4, 2003, Mary Ellen Smith came before me personally and, under oathing seven (7) pages, was created on the date noted above and will be governed under the laws of the State of Illinois.\n\nSample Completed Living Trust\n\n3\n\nSignature\n\nMary Ellen Smith (Signed)\nalid. I also reserve the right to revoke this trust at any time. A revocation of this trust must be written, notarized, and attached to this document to be valid.\n\nGoverning Law\nThis trust, containof this living trust.\n\nAmendments and Revocations\nI reserve the right to amend any or all of this trust at any time. The amendments must be written, notarized, and attached to this document to be vme by thirty (30) days to receive any gift under this living trust. If any beneficiary and I should die simultaneously, I shall be conclusively presumed to have survived that beneficiary for purposes ficiaries of Living Trust must be written, notarized, and attached to this document to be valid.\n\nSurvivorship\nAll beneficiaries named in the Schedule of Beneficiaries of Living Trust must survive to the provisions of any children\'s trust which is created by this document. I reserve the right to add and/or delete any beneficiaries at any time. Any additions or deletions to the Schedule of Beneccessor trustee shall then distribute the remaining trust assets in the manner shown on the attached Schedule of Beneficiaries of Living Trust which is specifically made a part of this trust, subject \n\nTermination of Trust\nUpon my death, this trust shall become irrevocable. The successor trustee shall then pay my valid debts, last expenses, and estate taxes from the assets of this trust. The suany remaining undistributed principal and income shall pass to the beneficiary; or if not surviving, to the beneficiary\'s heirs; or if none, to the residue of the main trust created by this document.the trust principal. Any such trust shall terminate when the beneficiary reaches the required age, dies prior to reaching the required age, or all trust funds have been distributed. Upon termination, the principal, income, or both as deemed necessary for the beneficiary\'s health, support, welfare, and education. Any\nSample Completed Living Trust\n\n2\n\nincome not distributed shall be added to ividual children\'s trust for each child under the following terms, until each shall reach the age of thirty (30) years old. In the trustee\'s sole discretion, the trustee may distribute any or all of beneficiaries on the attached Schedule of Beneficiaries of Living Trust are under twenty-one (21) years old on my death, I direct that any property that I give them under this trust be held in an indlth care, support, maintenance, comfort, and/or welfare of the grantor, in accordance with the grantor\'s accustomed manner of living.\n\nChildren\'s Trust Fund\nIf any of my children who are named aslternative successor trustee assume management of this trust during the lifetime of the grantor, the successor trustee or alternative successor trustee shall manage the trust solely for the proper heacerning the trust or grantor\'s affairs; and the power to execute any document necessary to administer any children\'s trust created in this trust.\n\nIncapacitation\nShould the successor trustee or ar to enter into electronic fund transfer or safe deposit arrangements with financial institutions; the power to continue any business of the grantor; the power to institute or defend legal actions cone trust; the power to deposit and hold trust funds in both interest-bearing and non-interest-bearing accounts; the power to deposit funds in bank or other accounts uninsured by FDIC coverage; the poweerty from any source and add to any trust created by this trust; the power to employ and pay reasonable fees to accountants, lawyers, or investment consultants for information or advice relating to thonds, and any other form of security; the power to invest trust property in property of any kind, including but not limited to bonds, notes, mortgages, and stocks; the power to receive additional propase or grant options to lease the property, make repairs or alterations, and insure against loss; the power to sell or grant options for the sale or exchange of any trust property, including stocks, b specifically including trust real estate, by mortgage, deed of trust, or other method; the power to manage trust real estate as if the trustee were the absolute owner of it, including the power to ler his or her own wholly-owned property.\n\nAdditional Trustee Powers\nThe trustee\'s powers include, but are not limited to: the power to sell trust property, borrow money, and encumber that property,d distribution of this trust and any subtrusts created by this trust. I intend the trustee to have the same power and authority to manage and distribute the trust assets as an individual owner has oveion to any powers, authority, and discretion granted by law, I grant the trustee any and all powers to perform any acts, in his or her sole discretion and without court approval, for the management anions taken in good faith. References to \"trustee\" in this document shall include any successor or alternative successor trustees.\n\nSample Completed Living Trust\n\n1\n\nTrustee\'s Powers\nIn addit4 Broadway, Centerville, IL, as Alternate Successor Trustee, also to serve without bond and without compensation. The successor trustee or alternative successor trustee shall not be liable for any actt, Centerville, IL, as Successor Trustee, to serve without bond and without compensation. If this successor trustee is not surviving or otherwise unable to serve, I appoint Elizabeth Joan Allen, of 23e\nUpon my death or if it is certified by a licensed physician that I am physically or mentally unable to manage this trust and my financial affairs, then I appoint John Henry Smith, of 123 Main Stree give me a beneficial interest in my principal residence such that I do not lose any eligibility that I may have for a state homestead exemption for which I am otherwise qualified.\n\nSuccessor Trusteht to possess and occupy it for my life, rent-free and without charge. I will remain liable for all taxes, insurance, maintenance, related costs, and expenses. The rights that I retain are intended to to be valid.\n\nGrantor\'s Rights\nUntil I die, I retain all rights to all income, profits, and control of the trust property. If my principal residence is transferred to this trust, I retain the rigAssignment, or any other documents necessary to carry out such transfers. Any additions or deletions to the Schedule of Assets of Living Trust must be written, notarized, and attached to this documentSchedule of Assets of Living Trust, which is specifically made a part of this trust. I reserve the right to add or delete any of these assets at any time. In addition, I will prepare a separate Deed, of birth are: Alice Mary Smith (June 4, 1995), and Bradley John Smith (April 16, 2000).\n\nProperty Transfer\nI transfer ownership to this trust of all of the assets which are listed on the attached ary Ellen Smith, will be trustee of this trust and any subtrusts created under this trust. My marital status is that I am married to John Henry Smith and we have two (2) children whose names and datesLEN SMITH\nDeclaration of Trust\nI, Mary Ellen Smith, the grantor of this trust, declare and make this Living Trust on June 4, 2003. This trust will be known as the Mary Ellen Smith Living Trust. I, M that Mrs. Smith\'s husband also prepare a Living Trust for himself that includes similar provisions for survivorship and reciprocal provisions for a children\'s trust fund.\n\nLIVING TRUST OF MARY EL prepared and signed a Living Trust, her wishes will be carried out upon her death. Since Mrs. Smith chose to prepare an individual Living Trust rather than a Joint Living Trust, it would be advisabled she acquire additional personal property, Mrs. Smith will need to amend her Schedule of Assets to provide for a transfer of such property into the Trust. She may rest assured that by having properly be accomplished without the expense or delay of probate, she would still be wise to complete a basic will for use as a backup in the event of unforeseen acquisitions of property. Also note that shoul death and the property will not be required to be probated. Although it appears that Mrs. Smith has managed to provide that all of her desires for the distribution of her property upon her death willny real estate into her Trust since she holds title to her and her husband\'s home as a joint tenant with her husband. Thus, her husband will automatically own the entire piece of real estate upon hera Schedule of Assets of Living Trust and she has designated what each beneficiary shall receive upon her death using the Schedule of Beneficiaries of Living Trust. Mrs. Smith has chosen not to place aclauses, the fictional Mrs. Mary Smith is able to easily and quickly prepare a Living Trust which accomplishes all of her desires. She has transferred the desired personal property to her trust using of her trust estate to her husband Appoint her husband to act as Successor Trustee of the Living Trust and Trustee of the children\'s trust By filling in the appropriate blanks in these Living Trust ce to a friend Leave her brown mink coat to her mother Leave $10,000.00 to each of her children, to be held in trust if they are under the age of 21 upon her death until they are 30 Leave all the restgrantor. Mrs. Smith is married to Mr. John Smith, and they have two minor children who live with them. In her Living Trust, Mrs. Smith wishes to accomplish the following: Leave her oval diamond neckland how the various parts are put together. Examine the clauses to see how your printed, final Living Trust should look upon completion. In this sample Living Trust, a Mrs. Mary Smith is the fictional idual Spouse\n\n2\n\nSample Completed Living Trust\nProvided below is a complete sample Living Trust. By reviewing this sample, you will be able to see what a completed Living Trust should look like ader no duress, fraud, or undue influence. _____________________________ Notary Public My commission expires ____________________\n\nSchedule of Beneficiaries of Living Trust for Single Person or Indivabove document and he or she signed the above document in my presence. I declare under penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and un________________ County of ____________________ On ____________________, ______________________________ came before me personally and, under oath, stated that he or she is the person described in the subject to the terms of any such children\'s trust. 5. ______________________________ Signature of Grantor ______________________________ Printed Name of Grantor 6. Notary Acknowledgment State of ____ this Schedule of Beneficiaries is subject to the terms of any children\'s trust in the main trust document to which this Schedule pertains, then any property distributed to such Beneficiary shall be __ (name), my _________________________ (relationship), or if not surviving, to _____________________________ (name), my _______________________ (relationship). 4. If any of the Beneficiaries named on_____________________ (relationship), the following trust assets shall be distributed:\n\n3. All the rest and residue of the trust assets shall be distributed to _______________________ ______________rust assets shall be distributed:\n\nTo ________________________________ (name), my ___________________________ (relationship), or if not surviving, to ________________________________ (name), my _______________________ (name), my ___________________________ (relationship), or if not surviving, to ________________________________ (name), my _________________________ (relationship), the following t _________________________ (relationship), the following trust assets shall be distributed:\n\nSchedule of Beneficiaries of Living Trust for Single Person or Individual Spouse\n\n1\n\nTo _____________ing trust assets shall be distributed:\n\nTo ________________________________ (name), my ___________________________ (relationship), or if not surviving, to ________________________________ (name), my________________________ (name), my ___________________________ (relationship), or if not surviving, to ________________________________ (name), my _________________________ (relationship), the follow__________ (relationship), or if not surviving, to ________________________________ (name), my _________________________ (relationship), the following trust assets shall be distributed:\n\nTo ________ all debts, taxes, and liabilities of the grantor, the Successor Trustee shall distribute the remaining assets of the Trust as follows: To ________________________________ (name), my __________________________, the grantor, to the _____________________________ __________________________ Living Trust dated ___________________________. 2. Upon the death of the grantor of the trust and the payment ofnt section (to be completed by notary public).\n\nSchedule of Beneficiaries of Living Trust\n1. This Schedule of Beneficiaries is made on _____________________________ (date), by _____________________first), and Relationship of alternative residuary beneficiary. 4. No information needed. 5. Your signature and printed name (do not sign unless in front of a notary public). 6. The Notary Acknowledgmeed. 3. For your residuary clause, complete the following: Name of residuary beneficiary, Relationship of residuary beneficiary, Name of alternative residuary beneficiary (if main beneficiary has died eneficiary, Relationship of beneficiary, Name of alternative beneficiary (if main beneficiary has died first), Relationship of alternative beneficiary, and Full description of property to be transferrhe following information: 1. Date of assignment, Full name of grantor, Name of Living Trust, and Date original Living Trust was created. 2. For each item of property, complete the following: Name of boperty and beneficiary instructions above and attached to your Beneficiary and Property Questionnaires for details of how to list the property and beneficiaries. To complete this form, you will need tetting up an individual Living Trust. Please refer to your Beneficiary Questionnaire to determine which property you desire to leave to which beneficiaries of your Living Trust. Please refer to the prnstructions for Schedule of Beneficiaries of Living Trust for Single Person or Individual Spouse\nThis form should be used to list the beneficiaries of a single person or an individual spouse who is sis subscribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence. _____________________________ Notary Public My commission expires ____________________\n\nI, under oath, stated that he or she is the person described in the above document and he or she signed the above document in my presence. I declare under penalty of perjury that the person whose name ____ Printed Name of Grantor 4. Notary Acknowledgment State of ____________________ County of ____________________ On ____________________, ______________________________ came before me personally and____.\n\n2. All grantor\'s right, title, and interest in the following property shall be the property of the trust:\n\n3. ______________________________ Signature of Grantor __________________________rust is made on _______________________ (date), by ______________________________, the grantor, to the ____________________________ __________________________ Living Trust dated ______________________(do not sign unless in front of a notary public). 4. The Notary Acknowledgment section (to be completed by notary public).\n\nSchedule of Assets of Living Trust\n1. This Schedule of Assets of Living T assignment, Full name of grantor, Name of Living Trust, and Date original Living Trust was created. 2. Full description of property to be transferred to the trust. 3. Your signature and printed name ructions provided above and the instructions attached to your Property Questionnaire for details of how to list the property. To complete this form, you will need the following information: 1. Date ofss an additional transfer of ownership document is necessary. Even if such additional paperwork is necessary, you should list the property on this Schedule of Assets. Please refer to the property instestionnaire to determine which property you desire to transfer to your Living Trust. The listing of property on this Schedule will effectively transfer the ownership of the property to the trust, unle assets that have ownership documents must be transferred to the ownership of the trust using the appropriate method of documentary transfer (such as a deed or title). Please refer to your Property Qust for Single Person or Individual Spouse\nThis form should be used to list the assets of a single person or an individual spouse who is setting up an individual Living Trust. Please remember that anyf sound mind and under no duress, fraud, or undue influence. _____________________________ Notary Public My commission expires ____________________\n\nInstructions for Schedule of Assets of Living Trun described in the above document and he or she signed the above document in my presence. I declare under penalty of perjury that the person whose name is subscribed to this instrument appears to be ogment State of ____________________ County of ____________________ On ____________________, ______________________________ came before me personally and, under oath, stated that he or she is the persolities. 4. Signed and delivered to the Living Trust on the above date. 5. ______________________________ Signature of Grantor ______________________________ Printed Name of Grantor 6. Notary Acknowledhat he or she has the full authority to transfer and convey the property to the Living Trust. Grantor also warrants that the property is transferred free and clear of all liens, indebtedness, or liabi grantor transfers and conveys possession, ownership, and all right, title, and intent in the following property to the Living Trust:\n\n3. The grantor warrants that he or she owns this property and ton _________________________ (date), between ______________________________, the grantor, and the _________________________ ______________________ Living Trust dated __________________________. 2. Theme (do not sign unless in front of a notary public). 6. The Notary Acknowledgment section (to be completed by notary public).\n\nAssignment to Living Trust\n1. This Assignment to Living Trust is made ing Trust, and Date original Living Trust was created. 2. Full description of property to be assigned to the trust. 3. No information needed. 4. No information needed. 5. Your signature and printed naor trademarks to the trust. If such occasions arise, you may use this document. To complete this form, you will need the following information: 1. Date of assignment, Full name of grantor, Name of Livstitutions may require this particular document to verify that the property has been technically \"assigned\" to the trust. In addition, this form is also necessary for assigning patents, copyrights, t on the Schedule of Trust Assets, effectively transfers ownership of property to the trust. Thus, an assignment of property is not normally a legal necessity. However, some businesses or financial ins, bonds, or some other form of property that has ownership documents (such as a deed or title). For property with no ownership documentation, generally, the listing of property to be held by the truse transfer of personal property to the trust. Recall that you must complete transfer paperwork if the property in question is real estate, patents, copyrights, trademarks, motor vehicles, boats, stockngle Person or Individual Spouse\nThis form may be used if an assignment of ownership of personal property to an individual or joint Living Trust is necessary. An assignment of property is used for th____ Notary Public My commission expires ____________________\n\nLiving Trust for Single Person or Individual Spouse without Children\'s Trust\n\n3\n\nInstructions for Assignment to Living Trust by Sice. I declare under penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no duress, fraud, or undue influence. _____________________________, ______________________________ came before me personally and, under oath, stated that he or she is the person described in the above document and he or she signed the above document in my presen_________________ Signature of Grantor ______________________________ Printed Name of Grantor 14. Notary Acknowledgment State of ____________________ County of ____________________ On ________________verning Law This trust, containing ____________________ pages, was created on the date noted above and will be governed under the laws of the State of ____________________. 13. Signature _____________tached to this document to be valid. I also reserve the right to revoke this trust at any time. A revocation of this trust must be written, notarized, and attached to this document to be valid. 12. Go that beneficiary for purposes of this living trust. 11. Amendments and Revocations I reserve the right to amend any or all of this trust at any time. The amendments must be written, notarized, and ats of Living Trust must survive me by thirty (30) days to receive any gift under this living trust. If any beneficiary and I should die simultaneously, I shall be conclusively presumed to have survivedattached to this document to be valid.\n\nLiving Trust for Single Person or Individual Spouse without Children\'s Trust\n\n2\n\n10. Survivorship All beneficiaries named in the Schedule of Beneficiarie Schedule of Beneficiaries of Living Trust which is specifically made a part of this trust. Any additions or deletions to the Schedule of Beneficiaries of Living Trust must be written, notarized, and shall then pay my valid debts, last expenses, and estate taxes from the assets of this trust. The successor trustee shall then distribute the remaining trust assets in the manner shown on the attachedomfort, and/or welfare of the grantor, in accordance with the grantor\'s accustomed manner of living. 9. Termination of Trust Upon my death, this trust shall become irrevocable. The successor trustee me management of this trust during the lifetime of the grantor, the successor trustee or alternative successor trustee shall manage the trust solely for the proper health care, support, maintenance, cness of the grantor; and the power to institute or defend legal actions concerning the trust or grantor\'s affairs. 8. Incapacitation Should the successor trustee or alternative successor trustee assuit funds in bank or other accounts uninsured by FDIC coverage; the power to enter into electronic fund transfer or safe deposit arrangements with financial institutions; the power to continue any busiers, or investment consultants for information or advice relating to the trust; the power to deposit and hold trust funds in both interest-bearing and non-interest-bearing accounts; the power to deposnds, notes, mortgages, and stocks; the power to receive additional property from any source and add to any trust created by this trust; the power to employ and pay reasonable fees to accountants, lawyons for the sale or exchange of any trust property, including stocks, bonds, and any other form of security; the power to invest trust property in property of any kind, including but not limited to boif the trustee were the absolute owner of it, including the power to lease or grant options to lease the property, make repairs or alterations, and insure against loss; the power to sell or grant optipower to sell trust property, borrow money, and encumber that property, specifically including trust real estate, by mortgage, deed of trust, or other method; the power to manage trust real estate as to manage and distribute the trust assets as an individual owner has over his or her own wholly-owned property. 7. Additional Trustee Powers The trustee\'s powers include, but are not limited to: the all powers to perform any acts, in his or her sole discretion and without court approval, for the management and distribution of this trust. I intend the trustee to have the same power and authority \" in this document shall include any successor or alternative successor trustees. 6. Trustee\'s Powers In addition to any powers, authority, and discretion granted by law, I grant the trustee any andor alternative\nLiving Trust for Single Person or Individual Spouse without Children\'s Trust\n\n1\n\nsuccessor trustee shall not be liable for any actions taken in good faith. References to \"trustee_ (name), of ___________________________ ________________________________________ (address), as Alternate Successor Trustee, also to serve without bond and without compensation. The successor trustee _______ (address), as Successor Trustee, to serve without bond and without compensation. If this successor trustee is not surviving or otherwise unable to serve, I appoint ____________________________ physically or mentally unable to manage this trust and my financial affairs, then I appoint _____________________ _____________ (name), of _________________________________________________ __________ not lose any eligibility that I may have for a state homestead exemption for which I am otherwise qualified. 5. Successor Trustee Upon my death or if it is certified by a licensed physician that I amI will remain liable for all taxes, insurance, maintenance, related costs, and expenses. The rights that I retain are intended to give me a beneficial interest in my principal residence such that I do all income, profits, and control of the trust property. If my principal residence is transferred to this trust, I retain the right to possess and occupy it for my life, rent-free and without charge. rs. Any additions or deletions to the Schedule of Assets of Living Trust must be written, notarized, and attached to this document to be valid. 4. Grantor\'s Rights Until I die, I retain all rights toof this trust. I reserve the right to add or delete any of these assets at any time. In addition, I will prepare a separate Deed, Assignment, or any other documents necessary to carry out such transfe__________________. 3. Property Transfer I transfer ownership to this trust of all of the assets which are listed on the attached Schedule of Assets of Living Trust, which is specifically made a part ll be known as the _____________________________________ Living Trust. I, ___________________________________, will be trustee of this trust. My marital status is that ________________________________OF ______________________________ 2. Declaration of Trust I, ______________________________, the grantor of this trust, declare and make this Living Trust on ____________________ (date). This trust wigment section (to be completed by notary public).\n\n3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.\n\nLiving Trust for Single Person or Individual Spouse without a Children\'s Trust\n1. Title LIVING TRUST number of pages of the Living Trust, including schedules, and The state of your legal residence. Your signature and printed name (do not sign unless in front of a notary public). The Notary Acknowledhosen Successor Trustee and Alternative Successor Trustee. No information needed. No information needed. No information needed. No information needed. No information needed. No information needed. Theur complete name, and Your marital status and the names of any children (see instructions above for the correct phrase). No information needed. No information needed. The names and addresses of your cyour full name is the name of the trust, such as the \"Gwendolyn Smith Living Trust\"). Your complete name, The date on which you wish the Living Trust to take effect, The name of the Living Trust, Yocomplete the preparation of all your forms following the instructions later in this kit. To complete this form, you will need the following information: 1. 2. The name of the Living Trust (generally, opriate blanks in this Living using the information which you included in your Property and Beneficiary Questionnaires. Delete any information that is not appropriate to your situation. You will then chedule of Beneficiaries of Living Trust children upon the death of the grantor. This will normally be used only when any children are already above the legal age of minority. Fill in each of the appr any assets to be transferred to the children at the grantor\'s death not be held in a children\'s trust, but rather be transferred directly to the Trust, a Schedule of Assets of Living Trust, and a Sis Living Trust is appropriate for use by an single person or an individual married person with or without children. If the person has children, this form is to be used only if the person desires thatprinting and final preparation of your Living Trust.\n\nGeneral Instructions for Preparing Living Trust Form\n\n8\n\nLiving Trust for Single Person or Individual Spouse without a Children\'s Trust\nThhas been deleted, look over the attached sample Living Trust to see how a completed Living Trust should look. Then proceed to the section entitled \"Completing Your Living Trust\" for instructions on e. Then starting at the beginning of the Living Trust forms, delete any of the words and phrases in the Living Trust forms that do not apply in your situation. After all of the extraneous information ll of the appropriate information, carefully re-read your entire Living Trust and your Schedules of Assets and Beneficiaries. Be certain that they contain all of the correct information that you desir \"my wife,\" or \"my brother-in-law,\" or \"my best friend.\" It does not mean that the beneficiary must be related to you personally.\n\nFinishing Your Living Trust Forms\nAfter you have filled in a$1,000.00 and the car. Be sure to clearly identify the beneficiary by full name. The space provided for an identification of the relationship of the beneficiary can be simply a descriptive phrase like your children, in equal shares, as the alternate residuary beneficiaries. In this manner, if your spouse were to die first, your children would then equally share your entire trust estate except the to a friend. By then naming your spouse as the residuary clause beneficiary, you will have gifted everything in your trust estate to your spouse - except the $1,000.00 and the car. You could then namethe state. In addition, you may use this clause to give all of your estate (except your specific gifts) to one or more persons. For example: you make specific gifts of $1,000.00 to a sister and a car as died, the gift is put back into your trust estate and will pass under the residuary clause. If there is no residuary clause included, any property not disposed of could potentially be forfeited to pleted, this clause goes into effect. For example, if a beneficiary refuses to accept your gift or the chosen beneficiary has died and no alternate was selected or both the beneficiary and alternate hiven away everything that your trust owns under other clauses of your Living Trust, this can be a very important clause. If, for any reason, any other gifts under your Living Trust are not able to comin the attached Living Trust form. With it, you will choose the person, persons, or organization to receive anything not covered by other clauses of your Living Trust. Even if you feel that you have gired, simply photocopy an additional page.\n\nGeneral Instructions for Preparing Living Trust Form\n\n7\n\nResiduary Clause: Although not a technical legal requirement, a residuary clause is included " instead. The result of this change will be that if your primary beneficiary dies before you do, your gift will pass under your residuary clause, which is discussed below. If additional gifts are desecifically name your beneficiary(s), rather than using a description only, such as \"my children.\" In addition, you may delete the alternate beneficiary choice and substitute the words \"the residue\ry beneficiary, is no longer in business). In this or any of the other gift clauses, your choice for alternate beneficiary may be one or more persons or an organization. It is recommended to always spe beneficiary is for the purpose of allowing you to designate someone to receive the gift if your first choice to receive the gift dies before you do (or, in the case of a organization chosen as primaciary can be simply a descriptive phrase like \"my wife,\" \"my brother-in-law,\" or \"my best friend.\" It does not mean that the beneficiary must be related to you personally. The choice of alternatciary and alternate beneficiary by full name. You can also name joint beneficiaries, such as several children, if you choose. The space provided for an identification of the relationship of the benefise in purchasing a new roof for the church.\" Complex conditions, however, are not possible in this clause, and immoral or illegal conditions are not acceptable. Be sure to clearly identify the benefi state the amount of shares and the name of the company. You may add simple conditions to the gifts that you make, if you desire. For example: You may state \"$1,000.00 to the Centerville Church for un.\" Use serial numbers, colors, or any other descriptive words to clearly indicate the exact nature of the gift. For cash gifts, specifically indicate the amount of the gift. For gifts of securities,the property. For personal property, be certain that your description clearly differentiates your gift from any other property. For example: \"The blue velvet coat which was a gift from my brother Johransferred to the Trust. In your description of the property, you should be as specific and precise as possible. For land, it is suggested that you use the description exactly as shown on the deed to ges. You may only give away property that the trust itself owns. Be certain that any property included in any of the gift clauses is also included on your Schedule of Assets and has been effectively t \"My entire trust estate\" Be sure that you do not attempt to give any other gifts. However, you should still include the residuary clause in your Living Trust, which is explained on the following paecific clause which states that you give one person your entire trust estate, you may make such a gift using this clause by simply stating after \"The following trust assets shall be distributed:...\"ate in equal shares to two persons, name both parties after \"To my...\" and state \"one-half of my total trust estate to each party.\" Although the Living Trust form in this kit does not contain a spr total trust estate. If you wish to give some of your trust estate in the form of portions of the total, it is recommended to use fractional portions. For example, if you wish to leave your trust estlete your chosen gifts. In these paragraphs, you may make any type of gift that you wish, either a cash gift, a gift of a specific piece of personal property or real estate, or a specific share of youowing trust assets shall be distributed:\"\n\nGeneral Instructions for Preparing Living Trust Form\n\n6\n\nFor making specific gifts, use as many of the \"To my...\" paragraphs as is necessary to compee shall then distribute the remaining assets of the trust as follows: To my [relationship], [name of beneficiary], or if not surviving, to my [relationship], [name of alternate beneficiary], the folleficiaries. If chosen, add this clause or clauses after the phrase \"Upon the death of the grantor of the trust and the payment of all debts, taxes, and liabilities of the grantee, the Successor Trustke specific gifts of certain shares of your trust assets Make a gift of the rest (residue) of your assets to anyone Specific Gifts Clause: Use this type of clause to provide specific gifts to your benizations that you wished to. Using the clauses in this section, you will be able to prepare a Living Trust in which you may: Make specific gifts of cash, real estate, or personal property to anyone Mafor preparing your Living Trust, both in terms of being certain that you have disposed of all of your Trust assets, and in terms of being certain that you have left gifts to all those persons or organproperty that each of them will receive. You may wish to refer back to your Beneficiary Questionnaire to prepare this form. The information that you compiled for that Questionnaire will be your guide g Trust Form(s)\nUsing this form, you will direct how your property will be distributed by your Successor Trustee upon your death. You will select your beneficiaries, alternate beneficiaries, and the dment to Living Trust form should be filled out. (Forms and instructions for amending your living trust are available at www.findlegalforms.com ).\n\nCompleting Your Schedule of Beneficiaries of Livinust. It should be stapled to the original of the trust document. Any time that any changes are made to the assets that are to be included in the Living Trust, this schedule must be changed and an Amenem, appliances, antiques, etc.), the listing on the Schedule of Assets of Living Trust will effectively transfer the ownership to the Trust. This Schedule of Assets will become a part of the Living Trg the asset on this form does not transfer it to the trust if an ownership document is required. For those items of personal property for which no such ownership document exists (such as a stereo systuch as a title, deed, stock certificate, or similar document, you must also transfer the ownership of the asset to the trust by completing a new deed, title, or other transfer paperwork. Simply listinttached discussion regarding common-law and community property to complete this form.) Very Important Note: If the particular asset that you list on this Schedule has any type of ownership document, swill note which shared property you wish to add to the trust and which separately-owned property you wish to transfer to the trust. Please refer back to your completed Property Questionnaire and the afor Preparing Living Trust Form\n\n5\n\n(Note for married couples completing Joint Living Trust: You will each complete a separate schedule of Assets of Living Trust form. On each of these forms, you e the description exactly as shown on the deed to the property. For personal property, be certain that your description clearly differentiates your gift from any other property.\nGeneral Instructions ate \"my car,\" instead state \"a 1994 Buick Skylark, serial #123456789.\" In your description of the property, you should be as specific and precise as possible. For land, it is suggested that you usnnaire to be certain that you include all of the property that you desire to be held in trust. Always describe the property in as detailed and clear a manner as possible. For example: do not simply stmple to complete. Simply fill in the title information (name and date of trust) and then carefully list the property that you have chosen to include in the trust. Please refer to your Property Questiom(s)\nOn this form, you will include a listing of all of the property that you wish to transfer into the trust. This document should be attached to the Living Trust when completed. It is relatively sielow.\n\nNotary Acknowledgment Section\nThis section will be completed by a notary public. Please see \"Completing Your Living Trust,\" below.\n\nCompleting Your Schedule of Assets of Living Trust Forof the trust or the actions of any trustee.\n\nSignature Section\nThe signature lines of your Living Trust will be completed in front of a notary public. Please see \"Completing Your Living Trust,\" b your legal residence where indicated after you have properly typed or had your Living Trust typed. The laws of the state of your principal residence will govern any questions regarding the operation revoke the Living Trust. You will also have the right to jointly revoke the Trust at any time.\n\nGoverning Law Section\nYou will fill in the number of pages, including all schedules, and the state ofe right to jointly amend the Trust. However, a surviving spouse will have the right to individually amend the trust. In addition, you will agree that either spouse will have the right to unilaterally ized, and attached to the original trust document to be valid. If you are completing a Joint Living Trust as a husband and wife, you agree that while both of you are still alive, you will only have thions Section\nThis form of trust reserves the right to allow you to cancel (revoke) or amend this trust or any of the schedules at any time. However, any changes (amendments) must be in writing, notar also wise to attempt to coordinate who your alternate beneficiaries may be in the event of a simultaneous death.\n\nGeneral Instructions for Preparing Living Trust Form\n\n4\n\nAmendments and Revocatre both preparing individual Living Trusts, it is a good idea to be certain that each of your Living Trusts contains identical survivorship clauses. If you are each other\'s primary beneficiary, it isif a result of a common accident or disaster) your property could wind up being left to the person whom your beneficiary designated, rather than to your alternate beneficiary. If you and your spouse aho died first. Without this clause in your Living Trust it would be possible that property would momentarily pass to a beneficiary under your Living Trust. When that person dies (possibly immediately rovides for a determination of how your property should pass in the eventuality that both you and a beneficiary (most likely your spouse) should die in a manner that makes it impossible to determine wractical effect of this is to be certain that your property passes under your Living Trust and not that of a beneficiary who dies shortly after receiving your gift. The second portion of this clause pis included in every Living Trust. This clause provides for two possibilities. First, it provides for a required period of survival for any beneficiary to receive a gift under your Living Trust. The pses, and taxes of the grantor and then distribute the trust assets as specified on the Schedule of Beneficiaries of Joint Living Trust of the final spouse to die.\n\nSurvivorship Section\nThis clause Joint Living Trust. The Trust will become irrevocable upon the death of the surviving spouse, and in that event, the Successor Trustee will then be empowered to pay all of the valid debts, last expeniving spouse) shall pay all of the valid debts, last expenses, and taxes of the deceased spouse and then distribute the trust assets as specified on the deceased spouse\'s Schedule of Beneficiaries oftached to the Trust. If you are completing a Joint Living Trust as a husband and wife, this section provides that upon the death of the first spouse to die, the Trustee (who will generally be the surve terms of the Children\'s Trust. This section also provides that the Schedule of Beneficiaries may be amended at any time (before it becomes irrevocable) by a written, notarized amendment which is atts as specified on the Schedule of Beneficiaries of Living Trust. It is also noted in any of the Trusts which contain a Children\'s Trust that any such distributions to beneficiaries are subject to the upon the death of the grantor. Upon that event, the Successor Trustee will then be empowered to pay all of the valid debts, last expenses, and taxes of the grantor and then distribute the trust asselso provided that he or she not be required to post a bond nor allowed compensation for services rendered.\n\nTermination of Trust Section\nThis section provides that the Trust shall become irrevocablstributed accordingly. Additionally, since the Trustee of the Children\'s Trust is the same person who is Successor Trustee, you have already granted the Trustee broad powers to manage the trust and ae beneficiary (if there are any). If there are none, then the trust funds remaining will revert back to the residue of your trust (as noted on your Schedule of Beneficiaries of Living Trust) and be dirviving. If the child is not surviving at the age when\n\nGeneral Instructions for Preparing Living Trust Form\n\n3\n\nthe trust is to terminate, the trust funds will be distributed to the heirs of the specific age is reached, all of the money is spent prior to that age, or the child dies prematurely. Upon termination, any remaining trust funds will be distributed to the child (beneficiary), if sue trustee may distribute any or all of the income or principal to the children as he or she deems necessary to provide for their health, support, and education. The trust will terminate when either thll terminate and the then-adult will receive the property with no restrictions, for example, 35 years of age. The ages that you select may be any reasonable age. The terms of the trust provide that th. You may desire the gifts under the main Trust to be held in the Children\'s Trust for any child under the age of, say, 30 years of age. Then you will also select an age when the Children\'s Trust wi to delay receipt of control beyond the age of 35. In this section, you will fill in two ages. First, you will select an age that a child must be under for the Children\'s Trust section to take effect Trust Fund for any gifts you have made to your minor children. You also may delay the time when they will actually have unrestricted control over your gift. It is not recommended, however, to attemptets for them.\n\nChildren\'s Trust Fund Section (Not Included in this Kit)\nThis clause will only be present in the Living Trusts which relate to children. It is with this clause that you may set up ator\'s accustomed manner of living. Thus, any beneficiaries of the trust cannot demand that the Successor Trustee stop spending trust assets to care for an incapacitated grantor and save the trust assby a physician, as noted in the Successor Trustee section above. In this event, the Successor Trustee is bound to manage the Trust solely for the benefit of the grantor and in accordance with the granl information needs to be filled-in for this section. This section goes into effect in the event that a grantor becomes incapacitated during his or her lifetime. This incapacitation must be certified document. As you can see, the powers granted to the trustee are very extensive and approximate the power that an individual would have over his or her property.\n\nIncapacitation Section\nNo additionagh in the previous section you granted any powers granted by law, many businesses and financial institutions require that a trustee\'s actual power to perform a specific act be spelled-out in a trust y.\n\nAdditional Trustee Powers Section\nNo additional information need be filled-in in this section. This section provides a detailed enumeration of the powers that are granted to the Trustee. Althoust assets. The powers are granted without court supervision and without oversight by anyone else. The powers granted are the same power and authority as an individual person has over their own propertstructions for Preparing Living Trust Form\n\n2\n\nTrustee\'s Powers Section\nIn this section, no additional information needs to be filled-in and you grant any Trustee broad powers to manage your trun your document also refers to the Successor or alternative Successor Trustee. Be sure to clearly identify the Successor Trustee and alternate Successor Trustee by full name and address.\n\nGeneral Inred to post a bond in order to be appointed to serve as Successor Trustee and that he or she will not be compensated for their service as Trustee. Finally, you note that any reference to \"trustee\" ig, or other trusted party is usually chosen to act as Successor Trustee. The person chosen should be a resident of the state in which you currently reside. You also provide that he or she not be requirust. The chosen alternate Successor Trustee will assume the powers of the Trustee only if the Successor Trustee that you have chosen is not surviving or is otherwise unable to serve. A spouse, siblin take over the management of your trust upon your incapacitation. You also provide that any such incapacitation be certified by a physician before the Successor Trustee may assume management of your tection\nWith this clause, you will make your choice of Successor Trustee and alternative Successor Trustee, the persons who will administer and distribute your trust assets upon your death or who willxemptions that you may have under state law. If you are completing a joint Living Trust as a husband and wife, each of you will have such rights as long as each of you is alive.\n\nSuccessor Trustee Secessary). Regarding your home, you specifically state that you retain the right of possession for your entire life and that any transfer to the trust does not interfere with any rights to homestead e be filled-in for this section. Under this section, you retain full lifetime control of all of the trust\'s assets that you have transferred in the above section (and by other transfer documents, if nrty that each of you transfer as \"separate\" property will retain its character as \"separate\" property even after transfer to the trust.\n\nGrantor\'s Rights Section\nNo additional information needcompleting a joint Living Trust as a husband and wife, you are agreeing to transfer the property listed on your own individual Schedule of Assets of Joint Living Trust. It is also noted that the properust. You are also agreeing to prepare any additional paperwork that may be necessary to complete any such transfers of ownership, such as completing a deed or title transfer if necessary. If you are ssets of Living Trust to the trust itself. You are also reserving the right to make any changes to your Schedule of Assets at any time, as long as they are in writing, notarized, and attached to the tansfer Section\nNo additional information need be filled-in in this section. This section of your trust provides that you are transferring ownership of all of the property listed on your Schedule of Afor Preparing Living Trust Form\n\n1\n\nsubtrusts (for example: a Children\'s Trust) while you are both alive. Upon the death of either spouse, the surviving spouse will act as Trustee.\n\nProperty Trt Living Trust as a husband and wife, there is an additional clause under this section which states that each of you will have the right to act as Trustee of the trust and any\n\nGeneral Instructions nder this clause, you declare that you will act as the Trustee of the Trust and any subtrusts which may be created by the Trust (such as a Children\'s Trust). In addition, if you are completing a joined to [name of spouse] and that marriage ended on [date] by [death, divorce, or annulment] and we have [number] child[ren] currently living. Their names and dates of birth are:\" Trusteeship Clause: U living. Their names and dates of birth are:\" I am currently married to [name of spouse] and we have [number] child[ren] currently living. Their names and dates of birth are:\" I was previously marrihildren.\" I was previously married to [name of spouse] and that marriage ended on [date] by [death, divorce, or annulment] and we had no children.\" I am single and have [number] child[ren] currentlyld. This clause should be included in your Living Trust after the phrase \"My marital status is that...: I am single and have no children.\" I am currently married to [name of spouse] and we have no cal and Parental Status Clause: Depending upon your current marital and parental status you will choose one of the following clauses. If you have children, list the appropriate information for each chio the title of the trust (for example: \"The John Smith Living Trust\"). If you are completing a joint Living Trust as a husband and wife, fill in both of your full names in the spaces provided. MaritTrust as a husband and wife, fill in both of your full names in the spaces provided. Fill in the date when you wish the Living Trust to take effect. Name of Trust Clause: Fill in your own name prior town as Jimmy John Smith.\" In the spaces provided for your residence, use the location of your principal residence; that is, where you currently live permanently. If you are completing a joint Living ing Trusts. In the first blank, include any other names which you are known by. Do this by adding the phrase: \"also known as\" after your principal full name. For example: \"John James Smith, also kn the \"Andrea Ann Doria and Peter William Doria Living Trust\").\n\nDeclaration of Trust Section\nIdentification and Date Clause: The identification clause is mandatory and must be included in all Liv you have been known under more than one name, use only your principal name. If you are completing a joint Living Trust as a husband and wife, you should name the trust under your joint names (such asaring Living Trust Form\nTitle Section\nTitle Clause: The title is mandatory for all Living Trusts. Fill in the name blank with your full legal name (such as the \"Andrea Ann Doria Living Trust\"). Ifment appears to be of sound mind and under no duress, fraud, or undue influence. _____________________________ Notary Public My commission expires ____________________\n\nGeneral Instructions for Prep or she is the person described in the above document and he or she signed the above document in my presence. I declare under penalty of perjury that the person whose name is subscribed to this instru 6. Notary Acknowledgment State of ____________________ County of ____________________ On ____________________, ______________________________ came before me personally and, under oath, stated that hereby accept the office of Trustee of the Trust, and am now acting as Trustee of the Trust. 5. ______________________________ Signature of Trustee ______________________________ Printed Name of Trusteef __________________________, the grantor, ________________________ ______________, died, as established in the certified copy of the Certificate of Death, which is attached to this Affidavit. 4. I he___________________________________ Living Trust. The Living Trust provides that upon the death of the grantor, I, ______________________________________, become Trustee of the Trust. 3. On the date o_______, being of legal age and being duly sworn, declare the following:\n\n2. On the date of __________________________, the grantor, ________________________ ______________, created the ____________The Notary Acknowledgment section (to be completed by notary public).\n\nAffidavit of Assumption of Duties by Successor Trustee\n1. On this date, __________________________, I, _______________________and Full name of Successor Trustee. 3. Date of death of grantor, and Name of grantor. 4. No information needed. 5. Your signature and printed name (do not sign unless in front of a notary public). 6. ified copy of the grantor\'s death certificate to this form. 1. Date of Affidavit, and Full name of Successor Trustee. 2. Date of creation of Living Trust, Full name of grantor, Name of Living Trust, Successor Trustee actually has the power to act on behalf of the Trust. If this is the case, this form should satisfy those institutions or businesses. The Successor Trustee will need to attach a certor Trustee is having any difficulty with a business or financial institution accepting his or her authority to act on behalf of the Trust. Some may insist on written verification that states that the ervice Memorial contribution preference\n\nSuccessor Trustee Information List\n\n5\n\nInstructions for Affidavit of Assumption of Duties by Successor Trustee\nThis document may be used if your Successe Former residence Occupation Education Military service Club, union, civic, or fraternal organizations\n\nSpecial achievements\n\nSurvivors\n\nDate of death Place of service Date of service Time of sdress City, State, Zip Phone Friend name Address City, State, Zip Phone\n\nSuccessor Trustee Information List\n\n4\n\nNewspaper Obituary Information\nName Date of birth Place of birth Current residencte, Zip Phone Friend name Address City, State, Zip Phone Friend name Address City, State, Zip Phone Friend name Address City, State, Zip Phone Friend name Address City, State, Zip Phone Friend name AdState, Zip Phone Relative name Address City, State, Zip Phone\n\nSuccessor Trustee Information List\n\n3\n\nFriends to Contact\nFriend name Address City, State, Zip Phone Friend name Address City, Sta name Address City, State, Zip Phone Relative name Address City, State, Zip Phone Relative name Address City, State, Zip Phone Relative name Address City, State, Zip Phone Relative name Address City, er Address City, State, Zip Phone Military unit Address City, State, Zip Phone\n\nSuccessor Trustee Information List\n\n2\n\nRelatives to Contact\nRelative name Address City, State, Zip Phone Relative Phone Lawyer Address City, State, Zip Phone Accountant Address City, State, Zip Phone Life insurance agent Address City, State, Zip Phone General insurance agent Address City, State, Zip Phone Employade\n\nSuccessor Trustee Information List\n\n1\n\nLocation of memorial or church service Name of person contacted Phone Address Arrangements made\n\nPersons to Contact\nClergy Address City, State, Zipation Arrangements\nName of mortuary, funeral service, or crematorium Name of person contacted Phone Address Arrangements made\n\nName of cemetery Name of person contacted Phone Address Arrangements m loan documents Business records Partnership records Corporation records Automobile titles Income tax records Credit card records Birth certificate Warranties Other important papers\n\nFuneral or Cremnd savings passbook Treasury bills and certificates of deposit Social Security records Real estate deeds and mortgage documents Veteran\'s information Stock certificates and bonds Promissory notes andson whom you have chosen as your Successor Trustee.\n\nSuccessor Trustee Information List\nLocation of Records\nOriginal of will Original of codicil Trust documents Safe deposit box and key Bankbook anal stress and this information will help them perform their necessary duties with the least difficulty. You will probably wish to give this information list and a copy of your Living Trust to the perfficult to confront the need for this information. Please take the time to provide this valuable record of information for your Successor Trustee. After your death, they may be under tremendous emotioists of important persons that the Successor Trustee will need to contact after your death, and information that will assist your Successor Trustee in preparing any obituary listing. It may be very die performance of his or her difficult task much easier. Included in this questionnaire is information relating to the location of your records, any funeral or burial arrangements that you have made, lairs\n\nSuccessor Trustee Duties Checklists\n\n3\n\nNote Regarding Successor Trustee Information List\nThe following listing will provide your Successor Trustee with valuable information that will makrs Pay all debts and expenses of decedent, including funeral expenses Arrange for sale of trust assets, if necessary Distribute all remaining assets according to Living Trust Close trust books and affor trust Open decedent\'s safe deposit box Inventory all trust assets Collect all monies and property due to decedent Pay all taxes due and file all necessary tax returns Provide notice to all creditof assets\n\nSuccessor Trustee Duties Checklists\n\n2\n\nContact banks, savings and loans, and credit unions Contact mortgage companies Contact stockbroker and investment counselor Open bank accounts fsubscription departments Contact credit card companies\n\nSuccessor Trustee Financial Duties\n(These cannot be delegated.)\nBegin inventory of assets Arrange for appraisal of assets Begin collection oge for management of business or real estate holdings Review all of decedent\'s records and legal documents Contact gas, telephone, electric, trash, and water companies Contact newspaper and magazine attending physician Contact IRA or KEOGH account trustees Contact county recorder Contact post office Contact military regarding pensions and death benefits Contact Department of Motor Vehicles Arranregarding pensions and death benefits\n\nSuccessor Trustee Duties Checklists\n\n1\n\nContact life insurance agent and report death Contact Social Security Administration Obtain death certificates fromTrustee Duties within First Month\nContact general insurance agent Contact medical and health insurance companies Contact Medicare Contact union regarding pensions and death benefits Contact employer Arrange for immediate care of decedent\'s children Arrange for living expenses for decedent\'s spouse Contact mortuary or funeral home regarding services Contact veterans\' organizations\n\nSuccessor urial or cremation Contact local newspaper with obituary information Contact relatives and close friends Contact employer and business associates Contact lawyer and accountant Arrange for pallbearers use the assistance of professionals, such as accountants, appraisers, or lawyers, if necessary.\n\nSuccessor Trustee Duties Checklists\nImmediate Successor Trustee Duties\nContact cemetery regarding bhe exact time specified. All of the immediate and first month duties can be delegated to others. The duties in the Financial listing cannot be delegated to others, although your Successor Trustee may lp them. This listing is divided into two time periods, immediate and first month. These time periods are approximations and many of the duties may be required to be performed either before or after tidea of the scope and range of the Successor Trustee\'s duties. You can provide invaluable assistance to your Successor Trustee by being aware of their duties and providing them with information to he items that your Successor Trustee may have to deal with after your death. Although this list is extensive, there may be other personal tasks that are not included. Scanning this list can give you an y complete the form quickly and easily upon your demise.\n\nInformation for Successor Trustee\n\n3\n\nSuccessor Trustee Duties Checklist Instructions\nProvided on the following pages is a checklist ofment is included later in this kit). You may wish to leave a completed, but unsigned copy of this form with the copy of the Living Trust that you provide to your Successor Trustee so that he or she maons may require an Affidavit signed by the Successor Trustee that states that he or she has officially assumed the duties and responsibilities of acting as the Successor Trustee. (A form for this docuhe trust assets. No court proceedings are necessary to officially authorize the Successor Trustee to begin to manage the Trust. However, some banks, real estate companies, or other financial institutissumption of Duties by Successor Trustee\nUpon your death, under the terms of the Living Trust, your Successor Trustee is automatically authorized to take over the administration and distribution of t Successor Trustee. In addition, it is wise to provide your Successor Trustee, in advance, with a copy of the Living Trust, as well as a copy of all information compiled in this kit.\n\nAffidavit of Athese potential bond fees can be eliminated and the money saved passed on to your beneficiaries. You should discuss your choice with the person chosen to be certain that they will be willing to act as size. The fees for Successor Trustee bonds are based upon the size of the estate and can amount to hundreds of dollars every year that your estate is being managed. By waiving this bond requirement, estate and also provide that he or she not be required to post a bond in order to be appointed to serve as Successor Trustee. This provision can save your estate considerable money, depending upon itse to appoint your first choice as primary Successor Trustee and the other person as alternate Successor Trustee. In your Living Trust, you will grant the Successor Trustee broad powers to manage your mpetent, of legal age and a citizen of the U.S. (For specific requirements, see the State Law Digest). It is generally not wise to appoint two or more persons as co-Successor Trustees. It is preferablperty and distributing it to your chosen beneficiaries. The person chosen should be a resident of the state in which you currently reside. In addition, all states require that Successor Trustees be co may also be chosen. The person chosen should be someone you trust and someone whom you feel can handle or at least efficiently delegate the complicated tasks of making an inventory of all of your prof who should be your Successor Trustee is a personal decision. A spouse, sibling, or other trusted party is usually chosen to act as Successor Trustee, although a bank officer, accountant, or attorneydone without court approval of the disbursement and will most likely not require the assistance of an attorney.\n\nInformation for Successor Trustee\n\n2\n\nChoosing a Successor Trustee\nYour choice oor your executor that will almost always require the help of an attorney. Under a Living Trust, the distribution of your property and money is usually handled solely by the Successor Trustee. This is er. If your property is distributed under a probate proceeding, court approval of all aspects of the disbursement must normally be obtained, which is a cumbersome and very time-consuming requirement fithout any court proceeding of any kind. If your assets are distributed under a probate proceeding, the entire probate process generally takes from six to 18 months to complete, and may take much longe first official act of an Successor Trustee. The Successor Trustee is then generally empowered to distribute all of the remaining property to the persons or organizations named in the Living Trust, we estate, and payment of any debts and taxes until such time as all creditors\' claims have been satisfied and other business of the estate completed. An inventory of all of the assets is typically the to administer the estate is provided for in the terms of the Trust itself and does not have to be granted by a probate court. The Successor Trustee handles the collection of assets, management of this or her duties in advance) locates the Living Trust. The Successor Trustee has the immediate legal authority to gather together all of the estate\'s property. This authority for the Successor Truste has signed a valid Living Trust, there is a slightly different sequence of events which takes place. First, the Successor Trustee appointed in the Living Trust (who, hopefully, has been notified of he. The distribution of your property and money is usually handled solely by the executor (with a lawyer\'s help to be certain that all legal requirements are fulfilled). Upon the death of a person whodistribute all of the remaining property to the persons or organizations named in the will and probate is officially closed. The entire probate process generally takes from six to 18 months to completan accounting and inventory of the estate\'s assets are then presented to the probate court by the executor. At this time, if everything appears to be in order, the executor is generally empowered to e and children until such time as all affairs of the deceased person are completed and the estate is closed. Upon completion of all business and payment of all outstanding charges against the estate, is most difficult if the will was properly prepared and signed by a competent, sane adult. The executor will generally also be empowered under state law to provide an allowance for the surviving spoustain time period in which to make a claim against an estate. The same holds true for any contests of the will (challenges to the validity of a will). Contesting a will is a fairly rare occurrence and r\'s claims have been satisfied and other business of the estate completed. An inventory of all of the assets is typically the first official act of an executor. Creditors, by the way, only have a cer authority, he or she handles the collection of assets, the management of the estate, the arrangement of any necessary appraisals, and the payment of any debts and taxes until such time as all creditohe court orders granting authority to an administrator are generally referred to as letters of administration.\n\nInformation for Successor Trustee\n\n1\n\nAfter the executor or administrator is givenwill, the same sequence of events generally is followed. However, in this case, the party appointed to administer the estate is usually titled an administrator of the estate rather than an executor. Tce for appointment is commonly as follows: surviving spouse, next of kin, a person having an interest in the estate or claims against the estate. If the will is shown to be invalid, or if there is no are designated as guardians of any minor children and any trustees. If no executor was chosen in the will, or if the one chosen cannot serve, the probate court will appoint one. The order of preferenher all of the estate\'s property. This authority for the executor to administer the estate is generally referred to as letters testamentary. The probate court also officially appoints the parties whogned or it is done with the actual testimony of those people who witnessed the signing of the will. Upon proof that it is a valid will, the executor is officially given legal authority to gather togeted whether or not the document presented is actually the deceased\'s will. This may be done in most states with a \"Self-Proving Affidavit\" which is prepared and notarized at the time your will is sir arranges for the funeral and burial. A lawyer is most often hired to handle the probate proceeding. Upon presenting the will to the probate court, the will is proved, which means that it is determin place. First, the executor appointed in the will (who, hopefully, has been notified of his or her duties in advance) locates the will and files it with the proper authority. If necessary, the executoe you believe, is not all that mysterious a matter. Upon the death of a person who has left a will or a person who has not left a will, in most states there is a general sequence of events which takeste. How to avoid the probate court was the subject of one of the first self-help law books to challenge the legal establishment\'s monopoly on law. Probate however, despite what many lawyers would havt, an overview of how the legal system operates after a person\'s death may be useful to keep in mind. The system of court administration of the estates of deceased parties is generally entitled probameone else. Many of the other duties that are listed at the end of this section can, however, be handled by other parties.\n\nOverview of Probate Proceedings\nBefore actually planning your Living Trusr Trustee alone (or with the assistance of any attorney or other professional, if necessary). The official duties of the Successor Trustee under the terms of the Living Trust cannot be delegated to so. You may designate either or both to perform most of these duties. However, the actual collection and distribution of your assets under the terms of your Living Trust must be handled by your Successoa chosen executor would perform if property was left by a will. Later in this section are various lists of duties that need to be performed by either your Successor Trustee or an executor of your willion, various information relating to the Successor Trustee of your Living Trust and the probate process is provided. In many respects, your Successor Trustee will perform duties similar to those that __________________ Amount, specific items, or share of trust estate that you desire to leave Alternate beneficiary\n\nBeneficiary Questionnaire\n\n7\n\nInformation for Successor Trustee\nIn this sect) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave Alternate beneficiary Name Relationship Address Spouse\'s name (if any) Current income $se\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave Alternate beneficiary Name Relationship Address Spouse\'s name (if anynship Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave Alternate beneficiary Name Relationship Address Spoue\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave Alternate beneficiary\n\nBeneficiary Questionnaire\n\n6\n\nName Relatioship Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave Alternate beneficiary Name Relationship Address Spous, specific items, or share of trust estate that you desire to leave\n\nAlternate beneficiary\n\nAre There Any Other Relatives, Friends, or Organizations to Whom You Wish to Leave Gifts?\nName Relationunt, specific items, or share of trust estate that you desire to leave\n\nAlternate beneficiary Other Dependent Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amountrust estate that you desire to leave\n\nAlternate beneficiary\n\nBeneficiary Questionnaire\n\n5\n\nOther Dependent Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amoou desire to leave\n\nAlternate beneficiary\n\nOther Dependents\nOther Dependent Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of ttate that you desire to leave\n\nAlternate beneficiary Sibling Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that yof trust estate that you desire to leave\n\nAlternate beneficiary Sibling Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust esu desire to leave Alternate beneficiary\n\nBeneficiary Questionnaire\n\n4\n\nSibling Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share desire to leave\n\nAlternate beneficiary\n\nSiblings\nSibling Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that yote that you desire to leave\n\nAlternate beneficiary Parent Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you te that you desire to leave\n\nAlternate beneficiary\n\nParents\nParent Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust esta\nAlternate beneficiary\n\nBeneficiary Questionnaire\n\n3\n\nGrandchild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust esta leave\n\nAlternate beneficiary Grandchild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\nesire to leave\n\nAlternate beneficiary Grandchild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire toat you desire to leave\n\nAlternate beneficiary Grandchild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you dernate beneficiary\n\nBeneficiary Questionnaire\n\n2\n\nGrandchild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate theficiary\n\nGrandchildren\nGrandchild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\n\nAltAlternate beneficiary Child Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\n\nAlternate ben to leave\n\nAlternate beneficiary Child Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\n\neneficiary\n\nBeneficiary Questionnaire\n\n1\n\nChild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire\nAlternate beneficiary Child Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\n\nAlternate b\nAlternate beneficiary\n\nChildren\nChild Date of birth Address Spouse\'s name (if any) Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\nWhich of Your Assets?\nSpouse\nSpouse Maiden name Date of marriage Date of birth Address Current income $ __________________ Amount, specific items, or share of trust estate that you desire to leave\n out after your death regardless of who may be required to interpret the language in your Living Trust.\n\nBeneficiary Questionnaire - Instructions\n\n4\n\nBeneficiary Questionnaire\nWho Will Receive ou may delay the time when they will actually have unrestricted control over your gift. If you state your gifts simply, clearly, and accurately, you can be assured that they will be able to be carried time there is a change in your family circumstances.\n\nBeneficiary Questionnaire - Instructions\n\n3\n\n9. Finally, property may be left to your children in trust using a Children\'s Trust Clause. Ymmon accident or disaster) your property could wind up being left to the person whom your beneficiary designated, rather than to your alternate beneficiary. 8. Be sure to review your Living Trust eachout this clause in your Living Trust it would be possible that property would momentarily pass to a beneficiary under your Living Trust. When that person dies (possibly immediately if a result of a coperiod is set at 30 days. The practical effect of this is to be certain that your property passes under your Living Trust and not that of a beneficiary who dies shortly after receiving your gift. Withbe related to you personally. 7. A survivorship clause should be included in every Living Trust. This provides for a period of survival for any beneficiary. For the Living Trust form in this kit, the an identification of the relationship of the beneficiary can be simply a descriptive phrase like \"my wife,\" \"my brother-in-law,\" or \"my best friend.\" It does not mean that the beneficiary must pouse were to die first, your children would then equally share your entire estate -- except the $1,000.00 and the car. Be sure to clearly identify the beneficiary by full name. The space provided forrything in your trust estate to your spouse -- except the $1,000.00 and the car. You could then name your children, in equal shares, as the alternate residuary beneficiaries. In this manner, if your ss) to one or more persons. For example: you make specific gifts of $1,000.00 to a sister and a car to a friend. By then naming your spouse as the residuary clause beneficiary, you will have gifted everust, any property not disposed of under your Living Trust could potentially be forfeited to the state. In addition, you may use this clause to give all of your trust estate (except your specific giftected, or both the beneficiary and alternate have died, the gift is put back into your trust estate and would pass under the residuary clause. If there is no residuary clause included in your Living Tnder your Living Trust are not able to be completed, this clause goes into effect. For example, if a beneficiary refuses to accept your gift or the chosen beneficiary has died and no alternate was selour Living Trust. Even if you feel that you have given away everything that you own under other clauses of your Living Trust, this can be a very important clause. If, for any reason, any other gifts urequirement, a residuary clause is included in the Living Trust form included below. With it, you will choose the person, persons, or organization to receive anything not covered by other clauses of yead. The result of this change will be that if your primary beneficiary dies before you do, your gift will pass under your residuary clause, which is discussed next. 6. Although not a technical legal siness). Your choice for alternate beneficiary may be one or more persons or an organization. In addition, you may delete the alternate beneficiary choice and substitute the words \"the residue\" instift if your first choice to receive the gift dies before you do\n\nBeneficiary Questionnaire - Instructions\n\n2\n\n(or, in the case of a organization chosen as primary beneficiary, is no longer in bu to my sister only if she divorces her deadbeat husband Ralph Edwards.\" 5. You should always provide for an alternate beneficiary for the purpose of allowing you to designate someone to receive the gift if they are reasonable and not immoral or illegal. For example: you may say \"This gift is to be used to purchase daycare equipment for the church nursery;\" but you may not say \"I give this gift: do not simply state \"my sisters;\" instead state \"my sister Katherine Mary Jones, my sister Elizabeth Anne Jones, and my sister Annette Josephine Jones.\" 4. You may put simple conditions on the gn Texas.\" This is particularly important if the beneficiary is an adopted child. 3. Never provide a gift to a group or class of people without specifically stating their individual names. For exampley other property. Always describe the beneficiaries is as precise and clear a manner as is possible. For example: do not simply state \"my son;\" instead state \"my son, Robert Edward Smith, of Houstoe. For land, it is suggested that you use the description exactly as shown on the deed to the property. For personal property, be certain that your description clearly differentiates your gift from antrust estate in equal shares to two persons, use \"One-half of my total trust estate to . . .\" for each party. 2. In your description of the property, you should be as specific and precise as possiblely transferred to the trust). If you wish to give some of your trust estate in the form of portions of the total, it is recommended to use fractional portions. For example, if you wish to leave your pe of gift that you wish, either a cash gift, a gift of a specific piece of personal property or real estate, or a specific share of your total trust estate (all of the property that has been effectivsible. For example: do not simply state \"my car;\" instead state \"a 1994 Buick Skylark, serial #123456789.\" Describe exactly what it is you wish for each beneficiary to receive. You may make any ty your gifts and beneficiaries, your intentions will be clear to whomever may need to interpret your Living Trust in the future: 1. Always describe the property in as detailed and clear a manner as pos a court, must be able to determine exactly what property you intended to be a gift and exactly who it is you intended to receive it. If you follow the few rules which follow regarding how to identifye to make any gifts can be any that you desire, as long as the gift is made in a clear and understandable manner. Someone reading the Living Trust at a later date, perhaps even a stranger appointed bye for Living Trusts prepared using our forms. If you desire to leave property in trust to an adult or in a complex trust arrangement, you are advised to seek professional advice. The terms that you usrms. Finally, although it is possible to leave any gifts under your Living Trust in many types of additional complicated trusts, a simple trust for leaving gifts to children is the only trust availablts prepared using our forms. However, complex conditional gifts that impose detailed requirements that the beneficiary must comply with in order to receive the gift are also beyond the scope of our fons\n\n1\n\npossible using our forms. However, any complex shared gift arrangements will require the assistance of an attorney. In addition, you may impose simple conditions on any gifts in Living Trusre not addressed in our Living Trusts forms. Simple shared gifts (for example: \"All my property to my children, Alice, Bill, and Carl, in equal shares\") are\n\nBeneficiary Questionnaire - Instructioard terms. Using these standard phrases, you may make a gift of any property that is owned by the Living Trust at your death to any beneficiary whom you choose. A few types of gifts are possible but a various standard terms and phrases that may be employed when making gifts under your Living Trust. The Living Trust clauses which are employed in the form included in this kit incorporate these stand regard to how your life is presently arranged. It should, however, always be reviewed and updated each time there is a substantial change in your life.\n\nWhat Types of Gifts May You Make?\nThere arere divorced, married, remarried, or widowed, adopt, or have a child, there may be unforeseen consequences based on the way you have written your Living Trust. Your Living Trust should be prepared witho marriage, divorce, and children. First and foremost, you are advised to review your Living Trust periodically and make any necessary changes as your marital or family situation may dictate. If you a an attorney in your area to see if there are any restrictions of this type in force in your state. Under this same category as to who may be a beneficiary under your Living Trust are issues related tTrust in an attempt to have the bulk of a person\'s estate left to them or their group. If you intend to leave large sums of money or property to a charitable organization or church, please check withind this rule is to prevent abuse of a dying person\'s desire to be forgiven. There have been, in the past, unscrupulous individuals or organizations who have obtained last minute changes in a Living a charitable organization are disallowed and also a percentage limit on the amount of a person\'s estate which may be left to a charitable organization (often a limit of 50 percent). The reasoning behrty to charitable organizations and churches. These restrictions are usually in two forms: a time limit prior to death when changes to a Living Trust which leave large amounts of money or property to legitimate children (if named specifically), corporations, charities, creditors, debtors, any friends, acquaintances, or even strangers. A few states also have restrictions on the right to leave prope is termed a beneficiary of that Living Trust. Any person or organization you choose may receive property under your Living Trust. This includes any family members, the named Successor Trustee, any ilu will use to actually make the decisions regarding which beneficiaries will receive which property.\n\nWho May Be a Beneficiary?\nAny person or organization who receives property under a Living Trusteach beneficiary through your Living Trust. There is an explanation of the various methods that you may use to leave gifts to your beneficiaries. Finally, there is a Beneficiary Questionnaire which yorty Questionnaire\n\n11\n\nInstructions for Beneficiary Questionnaire\nIn this section you will determine both who you would like your beneficiaries to be and what specific property you will leave to _____________\n\nWhat Is the Net Worth of Your Estate?\nTOTAL ASSETS minus (-) TOTAL LIABILITIES equals (=) YOUR TOTAL NET WORTH $ __________________ $ __________________ $ __________________\n\nPropeit Card Accounts Total Miscellaneous Liabilities TOTAL LIABILITIES $ __________________ $ __________________ $ __________________ $ __________________ $ __________________ $ __________________ $ _____neous Liabilities $ __________________\n\nTotal Liabilities\n(Insert totals from previous pages) Total Notes and Loans Payable Total Accounts Payable Total Mortgages Payable Total Taxes Due Total Crede ________________________________________ Address ________________________________________ Term _________________________ Interest rate ________________ Amount due $ __________________ Total Miscellam due ________________________________________ Address ________________________________________ Term _________________________ Interest rate ________________ Amount due $ __________________ To whom du whom due ________________________________________ Address ________________________________________ Term _________________________ Interest rate ________________ Amount due $ __________________ To whoddress ________________________________________ Amount due $ __________________ Total Credit Card Accounts Payable $ __________________\n\nProperty Questionnaire\n\n10\n\nMiscellaneous Liabilities\nTos ________________________________________ Amount due $ __________________ Credit Card Account # ________________________________________ Credit Card Company ________________________________________ A__ $ __________________ $ __________________\n\nCredit Card Accounts\nCredit Card Account # ________________________________________ Credit Card Company ________________________________________ Addresaxes Due\nFederal Income State Income Personal Property Real Estate Payroll Other Total Taxes Due $ __________________ $ __________________ $ __________________ $ __________________ $ _______________________ Address ________________________________________ Term _________________________ Interest rate ________________ Amount due $ __________________ Total Mortgages Payable $ __________________\n\nTt rate ________________ Amount due $ __________________ Property location ________________________________________ ________________________________________ Payable to ____________________________________________________ ________________________________________ Payable to ________________________________________ Address ________________________________________ Term _________________________ Interes__ Interest rate ________________ Amount due $ __________________ Total Accounts Payable\nProperty Questionnaire\n\n$ __________________ 9\n\nMortgages Payable\nProperty location ____________________________ Interest rate ________________ Amount due $ __________________ Payable to ________________________________________ Address ________________________________________ Term __________________________ Total Notes and Loans Payable $ __________________\n\nAccounts Payable\nPayable to ________________________________________ Address ________________________________________ Term __________________________ Payable to ________________________________________ Address ________________________________________ Term _________________________ Interest rate ________________ Amount due $ _______________oans Payable\nPayable to ________________________________________ Address ________________________________________ Term _________________________ Interest rate ________________ Amount due $ ____________________ $ __________________ $ __________________ $ __________________ $ __________________ $ __________________ $ __________________ $ __________________\n\nWhat Are Your Liabilities?\nNotes and Locks Total Bonds Total Business Total Real Estate Total Personal Property Total Miscellaneous Total Pension Total TOTAL ASSETS $ __________________ $ __________________ $ __________________ $ ________________________ $ __________________ $ __________________\n\nProperty Questionnaire\n\n8\n\nTotal Assets\n(Insert totals from previous pages) Cash Total Life Insurance Total Accounts & Notes Total St__________ $ __________________ ________________________________________ ________________________________________ $ __________________ ________________________________________ ________________________be left by living trust) Company Plan type Net value Company Plan type Net value Company Plan type Net value Total Benefit Value ________________________________________ ___________________________________________________________________ $ __________________\n\nOther Description Other Description Total Miscellaneous\n\nEmployee Benefit and Pension/Profit-Sharing Plans\n(Retirement benefits cannot _______________________________ ________________________________________ ________________________________________ $ __________________ ________________________________________ $ __________________ _______________ Description ________________________________________ Heirlooms Description $ __________________ ________________________________________ ________________________________________ _________$ __________________ ________________________________________ $ __________________ 7\n\nTotal Personal Property\nProperty Questionnaire\n\nMiscellaneous Assets\nRoyalties, Patents, Copyrights $ ____________ ________________________________________ ________________________________________ Jewelry and furs Description Artwork Description $ __________________ ________________________________________ rnishings $ __________________ Description ________________________________________ ________________________________________ ________________________________________ __________________________________ __________________ ________________________________________ $ __________________ ________________________________________ $ __________________ ________________________________________\n\nHousehold fuovided the assets have been effectively transferred to the trust. Patents, copyrights, and trademarks require special transfer forms.) Car Description Car Description Boat/other vehicles Description $_ % Value of your share $ __________________ Total Real Estate $ __________________\n\nPersonal Property\n(Personal property owned individually or as a tenant-in-common may be left by living trust, pr_____ Income property Location ________________________________________ Value $ _________________ How held and percent held? (Joint Tenants, Tenancy in Common, etc?) ______________________ / _________________________________________ Value $ _________________ How held and percent held? (Joint Tenants, Tenancy in Common, etc?) ______________________ / __________ % Value of your share $ _____________ and percent held? (Joint Tenants, Tenancy in Common, etc?) ______________________ / __________ % Value of your share $ __________________\nProperty Questionnaire\n\n6\n\nVacant Land Location ________nancy in Common, etc?) ______________________ / __________ % Value of your share $ __________________ Vacation Home Location ________________________________________ Value $ _________________ How held-in-common and then transformed to ownership by the trust.) Personal Residence Location ________________________________________ Value $ _________________ How held and percent held? (Joint Tenants, Tessets have been effectively transferred to the trust. Property held in joint tenancy or tenancy-byentirety may not be left by living trust, unless it has first been transferred to ownership as tenants_________ Your net value $ __________________ Total Business Value $ __________________\n\nReal Estate\n(Property owned individually or as tenants-in-common may be left by living trust, provided the a_____ Location ________________________________________ Type of business ________________________________________ Gross value $ _________________ Percentage shares held __________________________________ Gross value $ _________________ Percentage interest ________________________________________ Your net value $ __________________ Close Corporation Interest Name ___________________________________alue $ __________________ Interest in Partnership Name ________________________________________ Location ________________________________________ Type of business ___________________________________________________________________________ Type of business ________________________________________ Gross value $ _________________ Percentage interest ________________________________________ Your net v______________________ ________________________________________ $ __________________\n\nProperty Questionnaire\n\n5\n\nInterest in Partnership Name ________________________________________ Location _____________________________________ Your net value $ __________________ Sole Proprietorship Name Location Type of business Your net value\n\n________________________________________ __________________assets have been effectively transferred to the trust.) Individual Proprietorship Name ________________________________________ Location ________________________________________ Type of business ______________ ________________________________________ $ __________________ $ __________________\n\nBusiness Interests\n(Ownership of business interests may generally be left by living trust provided the ________________________ ________________________________________ ________________________________________ $ __________________ ________________________________________ _________________________________________________ $ __________________ ________________________________________ ________________________________________ ________________________________________ $ __________________ _________________________________________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ ______________________type of shares Value Company CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value Total Bonds\n\n________________________________________ ___________________________ $ __________________ 4\n\nCompany CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and ___________________________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ ____________________he trust.) Company CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value\nProperty Questionnaire\n\n________________________________________ ___________________________ $ __________________ $ __________________\n\nBonds\n(Ownership of individually-held bonds may be left by living trust, provided the assets have been effectively transferred to t_____________________________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ _____________________________ ________________________________________ ________________________________________ ________________________________________ $ __________________ ________________________________________ ________ ________________________________________ $ __________________ ________________________________________ ________________________________________ ________________________________________ $ ___________________________ ________________________________________ ________________________________________ $ __________________ ________________________________________ ___________________________________SIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value Total Stocks\n\n____________________onnaire\n\n3\n\nCompany CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value Company CUSIP or Certificate # # and type of shares Value Company CUtificate # # and type of shares Value ________________________________________ ________________________________________ ________________________________________ $ __________________\n\nProperty Questicounts & Notes\n\nStocks\n(Ownership of individually-held stocks and mutual funds may be left by living trust, provided the assets have been effectively transferred to the trust.) Company CUSIP or Cer_______________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ $ __________________\n\nTotal Ac_________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ $ __________________ ____________________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ $ __________________ ____________________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ $ __________________ _____________________________Address Notes Due from Address Notes Due from Address Other Debts Due from Address Other Debts Due from Address Other Debts Due from Address\n\n$ __________________ ___________________________________________________ ________________________________________ ________________________________________\n\nProperty Questionnaire\n\n2\n\nAccounts Due from Address Accounts Due from Address Notes Due from ss ________________________________________ Total Insurance\n\n$ __________________\n\nAccounts and Notes Receivable\n(Debts payable to you may be left by living trust.) Accounts Due from Address $ ___ $ __________________\n\nAnnuity Contract Company ________________________________________ Policy # ________________________________________ Beneficiary ________________________________________ Addre________________ $ __________________ ________________________________________ ________________________________________ ________________________________________ ______________________________________________________________________ $ __________________ ________________________________________ ________________________________________ ________________________________________ _____________________________ ________________________________________ $ __________________ ________________________________________ ________________________________________ ________________________________________ _________Beneficiary Address Term Company Policy # Beneficiary Address $ __________________ ________________________________________ ________________________________________ ___________________________________y Contracts\n(Life insurance benefits cannot be left by living trust.) Ordinary Life Company Policy # Beneficiary Address Ordinary Life Company Policy # Beneficiary Address Endowment Company Policy # count # ________________________________________ Name(s) on account ________________________________________ Total Cash $ __________________\n\nProperty Questionnaire\n\n1\n\nLife Insurance and AnnuitExpiration date ________________________________________ Name(s) on account ________________________________________ Other Account $ __________________ Bank ________________________________________ Acunt # ________________________________________ Name(s) on account ________________________________________ Certificate of Deposit $ __________________ Held by ________________________________________ _ Account # ________________________________________ Name(s) on account ________________________________________ Savings Account $ __________________ Bank ________________________________________ Acco_______ Account # ________________________________________ Name(s) on account ________________________________________ Savings Account $ __________________ Bank ___________________________________________________ Account # ________________________________________ Name(s) on account ________________________________________ Checking Account $ __________________ Bank _________________________________ovided the account ownership has been effectively transferred to the trust; joint tenancy and payable-on-death accounts cannot.) Checking Account $ __________________ Bank ____________________________ee in managing your estate.\n\nProperty Questionnaire - Instructions\n\n6\n\nProperty Questionnaire\nWhat Are Your Assets?\nCash and Bank Accounts\n(Individual accounts can be left by living trust, prginal of your Living Trust and provide a copy to your Successor Trustee, in order to provide a readilyaccessible inventory of your assets and list of your beneficiaries for use by your Successor Trustt. When you have finished completing this Questionnaire, have it before you as you complete your personal Living Trust. It may also be prudent to leave a photocopy of these Questionnaires with the ori you to think about and make the important decisions which must be made in the planning and preparation of your Living Trust. Mark down each piece of property that you wish to place in the Living Truse you with all of the necessary information to make the actual preparation of your Living Trust a relatively easy task. In addition, the actual process of filling out these questions will gently forceons beneficiaries under your Living Trust are questions that will be answered as you complete the Beneficiary Questionnaire, also included in this kit. Together, these two Questionnaires should provide will assist you in that task. Determining who your dependents are, what their financial circumstances are, what gifts you wish to leave them, and whether you wish to make other persons or organizatiactually own, before you prepare your Living Trust it is helpful to gather all of the information regarding your personal financial situation together in one place. The following Property Questionnairassets are, who your beneficiaries are to be, and what your personal desires are as to how those assets should be distributed among your beneficiaries. Since you may only give away property which you of your Living Trust.\n\nProperty Questionnaire - Instructions\n\n5\n\nPreparing Your Property Questionnaire\nBefore you begin to actually prepare your own Living Trust, you must understand what your s in the federal estate tax have virtually eliminated any consideration of tax consequences from the preparation of a Living Trust for most Americans. Other factors, however, will affect the planning ritance taxes are usually scaled in such a way that spouses, children, and close relatives pay much lower rates than more distant relatives or unrelated persons. From a planning standpoint, the changen your state. Less than half of the states impose an inheritance tax on the receipt of property resulting from the death of another. There are generally relatively high exemptions allowed and the inhehus allow for the same level of exemption equivalent from state estate taxes on death if the estate property totals under $1 million. Please see the State Law Digest for more details on estate taxes ixes are, as a rule, also very minimal or even nonexistent until the value of your estate is over $1 million. Most state\'s estate tax laws are tied directly to the federal estate tax regulations and tfore, if your assets (or your joint assets, if married) total over approximately $1 million, it is recommended that you consult a tax professional prior to preparing your Living Trust. State estate ta tax. Even if your particular assets are over this minimum exemption, there are still methods to lessen or eliminate your tax liability. These methods, however, are beyond the scope of this kit. Theref a person\'s assets. This exemption amount is scheduled to rise to $3.5 million by 2009. In addition, all of the value of a person\'s estate that is left to a spouse is exempt from any federal estate 95 percent of the American public from any federal estate tax liability on their death. The current IRS rules provide for the equivalent of an exemption from all estate tax for the first $1 million o each state\'s tax situation can be found in the State Law Digest. With regard to estate taxes, recent changes in the federal Income Tax Code, as it relates to estate taxes, have released an estimatedment and a few states apply a gift tax on property transfers during a person\'s life. Nevada is the only state which does not impose any estate, inheritance, or gift taxes. Basic information regardingthe person who has actually inherited the property. The federal government assesses an estate tax. Various states impose additional estate taxes and inheritance taxes. Additionally, the federal governh. This tax is assessed against the estate itself and is paid out of the estate before the assets are distributed to the beneficiaries. An inheritance tax is a tax on property received and is paid by h. In general, there are two main type of taxes: estate taxes and inheritance taxes. An estate tax is a government tax on the privilege of being allowed to transfer property onto others upon your deatself (for example: life insurance)\n\nProperty Questionnaire - Instructions\n\n4\n\nFederal Estate Taxes and State Inheritance and Estate Taxes\nVarious taxes may apply to property transfers upon deatuse\'s minimum statutory share of an estate. Note that you may not use your Living Trust to dispose of property for which a beneficiary has been chosen by the terms of the ownership of the property itnt tenants or tenants-by-the-entireties and your share of all other property which you own, earned, or purchased in your own name. Please check the State Law Digest for information relating to the spohe terms of the ownership of the property itself (for example: life insurance). · In common-law states: Your share of all property in which your name is on the title document, unless it is held as joing the marriage by either spouse). If you are single, follow the common law rules below. Note that you may not use your Living Trust to dispose of property for which a beneficiary has been chosen by ttes: All separate property (property which was brought into a marriage, or obtained by gift or inheritance during the marriage) and one half of the community property (all other property acquired duri short duration and for relatively minor amounts of money and differ greatly from state to state. Thus, the property which you may dispose of by Living Trust is as follows: · In community property statain family allowance or homestead allowance to the spouse or children to insure that they are not abruptly cut off from their support by any terms of a Living Trust. These allowances are generally ofinsurance or joint tenancies), he or she may take it anyway, generally from any property which you tried to leave to others. (Please see the State Law Digest for details.) Some states also allow a cerect of these statutory provisions is to make it impossible to disinherit a spouse entirely. If you choose to leave nothing to your spouse under your Living Trust or by other means (such as will, life st or a will states. This effectively prevents any spouse from being entirely disinherited through the use of the common-law rules of property (name on the title equals ownership of property). The effates protect spouses from total disinheritance by providing a statutory scheme under which a spouse may choose to take a minimum share of the deceased spouse\'s estate, regardless of what a Living Truy property that you have been given as a gift or inherited. If you are married, however, there is a further restriction on your right to dispose of property by Living Trust. All common-law property st the title gives you, unless the title is held specifically as joint tenants or tenants-by-the-entireties. You may also dispose of any property that you earned or purchased with your own money, and anst that a person owns will automatically become the surviving owner\'s property upon death. In common-law states, you may dispose of any property that has your name on the title in whatever share thatn may leave a half-interest in the property to the beneficiary of their choice by their Living Trust. By contrast, if the property is owned as joint tenants with right of survivorship, the half-interet tenancy or tenancy-by-the-entirety since it already has an automatic legal disposition upon your death. For example: if two persons own a parcel of real estate as equal tenants-in-common, each perso\n\nheld as joint tenants or as tenants-by-the-entireties, the survivor automatically receives the deceased party\'s share. Thus, in your Living Trust, you may not dispose of any property held in jointenants-in-common, the percentage or fraction that each tenant-incommon owns is property which may be disposed of under a Living Trust. If the property is\n\nProperty Questionnaire - Instructions\n\n3or a tenancy-by-the-entireties (a form of joint tenancy between married persons). There is an important difference between these types of joint ownership: namely, survivorship. With property owned as your name and your spouse\'s name are on the document, you generally own it as tenants-in-common, unless it specifically states that your ownership is to be as joint tenants or if your state allows fen given as a gift or inherited, either before or during your marriage. If your name alone is on a title document in these states (for instance, a deed or automobile title), then you own it solely. Ifmay dispose of with your Living Trust consists of all the property held by title in your name, any property that you have earned or purchased with your own money, and any property that you may have beas derived from English law. Under this system, there is no rule which gives 50 percent ownership of the property acquired during marriage to each spouse. In common-law states, the property which you in-common or as joint tenants. These forms of property ownership are discussed below.\n\nCommon-Law Property States\nResidents of all other states are governed by a common-law property system, which wty property. The other half of the community property automatically becomes your spouse\'s sole property on your death. Residents of community property states may also own property jointly as tenants- are a married resident of a community property state, the property which you may dispose of by Living Trust consists of all of your separate property and one half of your jointlyowned marital communiretirement benefits) · All employment income of either spouse acquired during the marriage · All separate property which is mixed or commingled with community property during the marriage Thus, if you is community property unless acquired by gift or inheritance or is income from separate property) · All pensions and retirement benefits earned during a marriage (except Social Security and Railroad te property is considered community property Community property generally consists of: · All property acquired by either spouse during the course of a marriage, unless it is separate property (thus itoperty a spouse receives by gift or inheritance during a marriage (if kept separate) · All income derived from separate property (if kept separate), except in Texas and Idaho, where income from separay Federal law).\n\nProperty Questionnaire - Instructions\n\n2\n\nSpecifically, separate property generally consists of: · All property owned by a spouse prior to a marriage (if kept separate) · All pr of whose efforts actually went into acquiring the property. (Major exceptions to this general rule are Social Security and Railroad retirement benefits, which are considered to be separate property bll property acquired during the marriage by either spouse, unless by gift or inheritance, is community property. Community property is considered to be owned in equal shares by each spouse, regardlesspt separate during the marriage; and all property received individually by the spouse by gift or inheritance during the marriage. All other property is considered community property. In other words, acommunity property. Separate property consists of all property considered owned entirely by one spouse. Separate property, essentially, is all property owned by the spouse prior to the marriage and keystem. The system itself is derived from ancient Spanish law. It is a relatively simple concept. All property owned by either spouse during a marriage is divided into two types: separate property and perty states rules below to determine your ownership rights.\n\nCommunity Property States\nSeveral states, mostly in the western United States, follow the community property type of marital property ses regarding community property only apply to married persons in those states that follow this type of property designation. If you are single, please disregard this section and use the common-law proollow community property designation of certain jointly-owned property. The following is a discussion of the basic property law rules in both community property and common law property states. The rulmmunity property states as well. Another example of property in which only a certain share is actually able to be transferred by Living Trust is a spouse\'s share of marital property in states which frrangements. The ownership rights and shares of property owned jointly must be considered. This is discussed below under common law property states, although most joint ownership laws also apply in cot provisions will be contained in any ownership or partnership documents that you may have. Review such documentation carefully to determine both the exact share of your ownership and any post-death aesults in a lower value being placed on the share. Of course, certain partnership and other business ownership agreements require the sale of a partner\'s or owner\'s interest upon death. These buy-ouyours. For business interests, it is generally advisable to pass the interest which you own to a beneficiary intact. The forced sale of the share of a business for estate distribution purposes often rles of this may be a partnership interest in a company or jointly-held property. Using a Living Trust, you may leave only that percentage or fraction of the ownership of the property that is actually ce company or bank). The next category of property which may have certain restrictions regarding its transfer by Living Trust is property in which you may own only a certain share or percentage. Exampof your Living Trust. If you wish to alter your choice of beneficiary in any of these cases, please alter the choice directly with the holder of the particular property (for instance, the life insuran determination of who will receive the property upon your death (as there is, for example, in the choice of a life insurance beneficiary), you may not alter this choice of beneficiary through the use Trust bank accounts · Payable-on-death bank accounts · U.S. Savings Bonds, with payable-on-death beneficiaries\n\nProperty Questionnaire - Instructions\n\n1\n\nIn general, if there is already a valid which have a designated beneficiary outside of the provisions of your Living Trust. These types of properties include: · Life insurance policies · Retirement plans · IRAs and KEOGHs · Pension plans ·are automatically transferred to another party at your death, regardless of the presence of a Living Trust. In the first category of property which cannot be transferred by Living Trust are propertiesshare of certain other property. In such situations, only that share or percentage which you actually own may be transferred by your Living Trust. Finally, there are types of property ownership which factors which require further explanation. There are forms of property which you may \"own,\" but which may not be transferred by way of a Living Trust. In addition, you may own only a percentage or iving Trust?\nIn general, you may dispose of any property that you own which has effectively been transferred to the Living Trust at the time of your death. This simple fact, however, contains certaintion concerning specific state laws, and be certain to check both your own state\'s laws and those of the state in which your other property is located.\n\nWhat Property May You Dispose of with Your Lthat real estate is found will govern the disposition of that particular real estate. Thus, if you own property outside of the state where you live, you should consult our State Law Digest for informag Trust as to any personal property and real estate located in that state. However, if any real estate outside of your home state is mentioned in the Living Trust, then the laws of the state in which ortant to understand that laws of different states may apply to a single Living Trust. The laws of the state in which you have your principal residence will be used to decide the validity of the Livinnd liabilities. This will allow you to have before you a complete listing of all of the property that you own as you begin to consider which beneficiaries should receive which property. It is also impype of property you own, there are certain general rules which must be kept in mind as you prepare your Living Trust. In addition, in this section you will prepare an inventory of all of your assets ain this section. Your assets consist of different types of property. It may be personal property, real estate, \"community\" property, stocks, bonds, cash, heirlooms, or keepsakes. Regardless of the t Living Trust 12. Appendix A ­ State Law Digest\n\nInstructions for Property Questionnaire\nThe methods and manners of distribution of your property upon your death using a Living Trust are discussed . Sample Living Trust of Mary Ellen Smith 9.2. Sample Schedule of Assets of Living Trust 9.3. Sample Schedule of Beneficiaries of Living Trust 10. Completing Your Living Trust 11. Registration of Yourse 7. Schedule of Assets of Living Trust for Single Person or Individual Spouse 8. Schedule of Beneficiaries of Living Trust for Single Person or Individual Spouse 9. Sample Completed Living Trust 9.1 General Instructions for Preparing Living Trust Form 5. Living Trust for Single Person or Individual Spouse without Children\'s Trust 6. Assignment to Living Trust by Single Person or Individual SpouSuccessor Trustee 3.1. Information for Successor Trustee 3.2. Successor Trustee Duties Checklists 3.3. Successor Trustee Information List 3.4. Affidavit of Assumption of Duties by Successor Trustee 4.y Questionnaire 1.1. Instructions for Property Questionnaire 1.2. Property Questionnaire 2. Beneficiary Questionnaire 2.1. Instructions for Beneficiary Questionnaire 2.2. Beneficiary Questionnaire 3. tort (including negligence or otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters.\n\nLiving Trust Kit ­ Contents\n1. Propertited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or ffiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limntability, suitability or completeness for any of the materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or ase of these materials is subject to the \"Disclaimers and Terms of Use\" found at findlegalforms.com. These materials are provided \"AS-IS.\" We do not give any express or implied warranties of mercha/www.findlegalforms.com/public/LIVT/LT-NYAP.doc. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and unks to the digest are provided in Appendix A. Note also that residents of the State of New York should complete a special Notice of Assignment of Property form, available for no extra charge at http:/ling a complete Living Trust document. NOTE: For state-specific rules and requirements regarding the formation and operation of living trusts, please see our State Law Digest. For your convenience, lithe maker of the Trust, without going through the expense and delay of probate. This kit includes a comprehensive array of forms, questionnaires, and general information that will assist you in assemb. An increasingly popular estate planning tool, a Living Trust is a legal document that allows for the transfer of property to the persons or organizations named in the Living Trust upon the death of nd guidelines to assist you in preparing, drafting, and finalizing your Living Trust. This form is intended for a single person or individual spouse, and does not include a Children\'s Trust provisionInformation Living Trust Kit (Single Person or Individual Spouse without Children\'s Trust)\nProvided under agreement with copyright holder, © Nova Publishing Company 2004\n\nThis kit provides tools a