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The following is a brief description of each of the ten forms included in
our package:
1. 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 $675,000, please select the
A/B Trust Form Package to obtain two federal estate tax exemptions totaling
$1,350,000 (or more in the future).
2. 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.
3. 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, RVs, etc., with the applicable
governmental agencies as well.
4. 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 attachments may be required.
5. 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 list of
all of your assets and attach it to this Declaration of Intent form.
6. 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!
7. 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 of all assets into your Revocable Living Trust 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.
8. 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.
9. Financial Durable Power of Attorney (7 pages)
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.
10. Nomination of Guardians (3 pages)
If you have children who are minors, it is imperative that you list your
preferences for their Guardians to act on your behalf if you die or become
incapacitated and unable to raise your minor children.
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