The following is a brief description of each of the
ten forms included in our downloadable package:
Comprehensive Revocable
Living Trust (approx. 25 pages)
This primary document in the forms package typically names
yourself (and spouse) as "Trustees" of your Trust to exercise management and
control over the Trusts property. It also specifies your intended
"Beneficiaries," that is, the persons who will ultimately receive property from
your Trust. You may also specify the timing and amount of such Trust distributions to your
intended Beneficiaries. The Trust also indicates the "Successor Trustee" to
succeed you and your spouse in the event of the death or incapacity of both of you.
You maintain
the ability to change or revoke the Living Trust during your (joint) lifetime(s) and
continue to receive all of the income and the ability to buy and sell assets at any time.
If married and your estate is near or over
$1,000,000, please
select the A/B Trust Form Package to obtain two federal estate tax exemptions totaling
$2,000,000 (or more in the future).
Living Trust Funding
Instructions (4 pages)
These are detailed instructions about how to
transfer various types of assets into your Revocable Living Trust, including cash accounts
(checking, savings, money market funds, safe deposit boxes, etc.), real estate, stocks,
bonds, securities, promissory notes, limited partnership interests, oil, mineral and gas
interests, etc. The instructions also refer to the special rules concerning retirement
plans of married persons which should not ordinarily be transferred into the Trust. The
instructions also provide special rules concerning life insurance and payable on death
(POD) accounts, as well as designating any separate property interests in assets
transferred to your Trust.
Assignment of Personal
Property (2 pages)
This Assignment form transfers ownership of
various categories of your personal property into your Revocable Living Trust. You should
also formally change title on all vehicles, boats, mobile home, etc., with the applicable
governmental agencies as well.
Quitclaim
Deed (2 pages)
This form can be used to transfer ownership of
your real property into your name as Trustee of your Trust. Your signature must be
notarized and the form must be recorded in the county in which the real property is
located to complete the transfer. Certain local fees and attachments may be required.
Declaration
of Intent (2 pages)
This form provides substantial evidence of
your intent to transfer your assets into your Revocable Living Trust. This may be
extremely helpful in the event, after your death, that an asset of significant value is
determined to be owned outside of your Revocable Living Trust. You should make a
detailed list of
all of your assets and attach it to this Declaration of Intent form.
Certified
Extract (Summary) of Living Trust (4 pages)
This Certified Extract will be needed to show
evidence of the existence of your Revocable Living Trust to your asset holders, such as
banks, savings & loan associations, and others (e.g. when changing ownership from your
name individually to your name as Trustee of your Trust). By using this Certified Extract,
you avoid the need for providing a full copy of the Revocable Living Trust to each of your
asset holders, thereby maintaining maximum privacy . . . and saving a few trees!
Last Will and Testament (7
pages)
This so-called "Pour-Over Will"
should identify any spouse, children (living or deceased), as well as any prior marriages.
It directs the transfer your Revocable Living Trust of all assets which have not been
previously transferred thereto during your lifetime. Surprisingly, many people leave
assets outside of their Trusts at the time of their death, necessitating this form.
Healthcare Durable
Power of Attorney (7 pages)
This document identifies your "Healthcare
Agent" to make all healthcare decisions for you in the event you become mentally
incapacitated such that you cannot make healthcare decisions for yourself. You may also
indicate therein your preferences regarding the withholding of life-sustaining treatment
in the event you ever become "brain dead" with no hope of recovery. The document
further provides an opportunity for you to indicate your preferences regarding the
disposition of your remains and memorial services.
This form specifies your
"Attorney-in-Fact" to manage your financial affairs on your behalf in the event
you ever become mentally incapacitated or, conversely, simply need assistance with your
finances during your lifetime from a person you trust. Numerous types of financial powers
are listed therein for possible use if and when the need ever arises.
Nomination of
Guardians (3 pages)
If you have children who are minors, it is
imperative that you list your preferred individuals to act as their
Guardian if you
die or become incapacitated and unable to raise your minor children.
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