Definition of Terms

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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 Trust’s 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, RV’s, 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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Revocable Living Trust
Living Trust Funding Instructions
Assignment of Personal Property to Living Trust
Quitclaim Deed of Real Estate to Living Trust
Declaration of Intent
Certified Extract of Living Trust
Last Will and Testament
Healthcare Durable Power of Attorney
Financial Durable Power of Attorney
Nomination of Guardians


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Pittsburg, CA  94565
Telephone:  (925) 432-3511
Fax:  (925) 432-3549
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