Joint Living Trust (married couple)

A member of our staff will contact you to go over the information you are about to provide us.

We have provided a blank area for comments at the very end.

The following is a questionnaire that will assist us in preparing your Living Trust documents. Your will be a revocable Living Trust – that means that at any time during your life you can amend your Living Trust or even revoke it. A revocable Living Trust is created by you, the Settlor, and defines the duties and responsibilities of the Successor Trustee (commonly known as the Executor) to carry out your wishes after your death according to your instructions. You are the Trustee of your own Living Trust while you are alive.

1. Your Trust

Name of the Trust

Information about the husband: full legal name

First Name

Middle Name

Last Name

Information about the wife: full legal name

First Name

Middle Name

Last Name

Husband Phone Number

Wife Phone Number

COUNTY and STATE of residence

TYPE OF TRUST:

If either spouse is not a U.S. citizen, we can help you only with a Joint A Trust. If both spouses are U.S. citizen, then we can assist you with either one that best fits your needs.

One of the differences between Joint A and Joint AB trust comes into play when one of the spouses passes away. If you have a Joint A trust, the surviving settlor can still amend the trust in its entirety.

If you have an AB trust, the surviving settlor can only amend the part of the trust of the survivor, and no longer the one of the deceased, which becomes irrevocable.

There might be tax consequences for your heirs. We strongly encourage you to contact a CPA or an estate planning attorney to help you decide what's best for you.

Choose the type of trust

Joint A Trust

Joint AB Trust

2a. Beneficiaries - Gifts

Let's start with the special gifts: are there any special items (jewelry, vehicles, accounts, etc.) that you would like to leave to a particular person? If so, list them below.

Gifts get deducted before the balance of the estate is distributed to the beneficiaries.

If you wish to leave special gifts to anyone, please list below the gift and the person who should be the beneficiary of such gift.

DISHINHERING CLAUSE (OPTIONAL) – Enter the name and relationship of any relative you specifically do not want to receive anything from your Trust. Most States do not allow a spouse or minor child to be totally disinherited.

People you would like to disinherit

2b. Beneficiaries of your estate

Beneficiaries: These are the people you would like to receive the trust property after your death. Include the percentage of the Estate that each Beneficiary will receive. You also have the option to nominate Alternate Beneficiaries if the Primary Beneficiary predeceases you. You have the ability to select the children’s of the Primary Beneficiaries as Alternate Beneficiaries, or to have the share of the Estate of the person that predeceases you, split among the remaining Primary Beneficiaries.

We prepared several fields for beneficiaries, not knowing how many you'll have. Once you have distributed 100% of the estate, please keep moving through the beneficiaries' pages, until you get to the next section (3. Custodian).

PRIMARY BENEFICIARY # 1

Beneficiary # 1

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 1 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 1

Please specify (in the event you selected "other" in the previous field)

PRIMARY BENEFICIARY # 2

Beneficiary # 2

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 2 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 2

Please specify (in the event you selected "other" in the previous field)

PRIMARY BENEFICIARY # 3

Beneficiary # 3

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 3 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 3

Please specify (in the event you selected "other" in the previous field)

PRIMARY BENEFICIARY # 4

Beneficiary # 4

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 4 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 4

Please specify (in the event you selected "other" in the previous field)

PRIMARY BENEFICIARY # 5

Beneficiary # 5

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 5 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 5

Please specify (in the event you selected "other" in the previous field)

PRIMARY BENEFICIARY # 6

Beneficiary # 6

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 6 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 6

Please specify (in the event you selected "other" in the previous field)

PRIMARY BENEFICIARY # 7

Beneficiary # 7

First Name

Middle Name

Last Name

Relationship to you

% of the estate

ALTERNATE BENEFICIARIES: In the event beneficiary # 7 were to predecease you, who would you like to give the percentage of the estate for said beneficiary to?

Alternate beneficiary for Primary Beneficiary # 7

Please specify (in the event you selected "other" in the previous field)

3. Custodians

If you haven't listed beneficiaries who are minors, then skip to the next page.

DISTRIBUTIONS TO YOUNGER BENEFICIARIES – If a younger beneficiary is to receive property under your trust, your Living Trust document gives your successor Trustee the option to:(a) manage the property for the younger beneficiary until he or she reaches the “age for outright distribution”, or(b) distribute the property to a custodian who will manage the property under California’s Uniform Transfer to minor’s Act (UTMA).The default age for California is 18. In the meantime, your successor Trustee manages the property for the beneficiary and may make distributions for his or her support, comfort and education.If you want to increase the default age for outright distribution to and age older than 18, list the older age here (optional).

Legal age

Custodian

First Name

Middle Name

Last Name

Custodian Phone Number

Alternate Custodian (optional)

First Name

Middle Name

Last Name

Alternate Custodian Phone Number

4. Successor Trustee(s)

The successor trustee carries out your wishes and manages the Trust after your death. The successor trustee also serves as trustee if you are unable to serve due to incapacity.

The individuals you list as successor trustees of your trust will also be the executors-personal representatives of your pour-over will.

Please check "YES" in the next field if you and your spouse would like to be the executor-personal representative before the successor trustees listed below.

If you check "NO", it means you'd like the successor trustees to be in charge of distributing any personal effects that are meant to be distributed at the passing of the first spouse, even if the surviving spouse is still alive.

Would you like your spouse to be the first personal representative for the distribution of your personal effects?

YES

Successor Trustee # 1

First Name

Middle Name

Last Name

Successor Trustee 1 Phone Number

Successor Trustee # 2 (optional)

First Name

Middle Name

Last Name

Successor Trustee 2 Phone Number

Successor Trustee # 3 (optional)

First Name

Middle Name

Last Name

Successor Trustee 3 Phone Number

Even if we have included only three spaces for this important role, you can have as many successor trustees as you like. Please drop us a note at the end of the questionnaire if you wish to have more than three people involved in the distribution of your estate.

If you listed multiple successor trustees, indicate how they should serve

Each successor Trustee serves in the order listed

All successor Trustees serve together as co-Trustees

The first two serve as co-Trustees; the 3rd serves if either 1st or 2nd is unable

The first two serve as co-Trustees; the 3rd serves if both 1st and 2nd are unable

The 1st serves alone; the 2nd and 3rd serve as co-Trustees if the 1st is unable

If you selected a successor co-Trustee option, do they act jointly or separately?

Jointly

Separately

5. Living Children

If you don't have any children, then skip to the next page.

Enter full legal name and date of birth of your living children

Name of your child, 1

First Name

Middle Name

Last Name

Whose Child is it?

Name of your child, 2

First Name

Middle Name

Last Name

Whose Child is it?

Name of your child, 3

First Name

Middle Name

Last Name

Whose Child is it?

Name of your child, 4

First Name

Middle Name

Last Name

Whose Child is it?

Name of your child, 5

First Name

Middle Name

Last Name

Whose Child is it?

6. Guardians

If you don't have any minor children, then please skip to the next page.

If at the time of your death any of your children are minors and a guardian is necessary, enter the name of the adult you would like to nominate as guardians for your minor child(ren). This is the person who will raise your minor children if something happens to both parents.

Guardian

First Name

Middle Name

Last Name

Guardian's Phone Number

Alternate Guardian (optional)

First Name

Middle Name

Last Name

Alternate Guardian Phone Number

If you have chosen TWO GUARDIANS, indicate how they should serve.

Each guardian will serve in the order listed

Both guardians will serve together as co-guardians

7. Power of Attorney for Finance - HUSBAND

The power of attorney for finance and property matters should be:

Effective Immediately

Effective upon Disability ("springing")

First financial agent

First Name

Middle Name

Last Name

First agent Phone Number

Second financial agent (optional)

First Name

Middle Name

Last Name

Second agent Phone Number

Third financial agent (optional)

First Name

Middle Name

Last Name

Third agent Phone Number

If you listed multiple agents above, indicate how they should serve

Each agent will serve in the order listed All agents will serve together as co-Trustees The first two will serve as co-agents; the 3rd will serve if either 1st or 2nd is unable The first two will serve as co-agents; the 3rd will serve if both 1st and 2nd are unable The 1st will serve alone; the 2nd and 3rd will serve as co-agents if the 1st is unable

If you selected a co-agent option, do they act jointly or separately?

Jointly

Separately

8. Power of Attorney for Finance - WIFE

The power of attorney for finance and property matters should be:

Effective Immediately

Effective upon Disability ("springing")

First financial agent

First Name

Middle Name

Last Name

First agent Phone Number

Second financial agent (optional)

First Name

Middle Name

Last Name

Second agent Phone Number

Third financial agent (optional)

First Name

Middle Name

Last Name

Third agent Phone Number

If you listed multiple agents above, indicate how they should serve

Each agent will serve in the order listed

All agents will serve together as co-Trustees

The first two will serve as co-agents; the 3rd will serve if either 1st or 2nd is unable

The first two will serve as co-agents; the 3rd will serve if both 1st and 2nd are unable

The 1st will serve alone; the 2nd and 3rd will serve as co-agents if the 1st is unable

If you selected a co-agent option, do they act jointly or separately?

Jointly

Separately

9. Power of Attorney for Health Care Decisions for HUSBAND

Do not expect to make selections about organ donation or do not resuscitate matters at this stage.

Those are questions that you will answer in front of the notary when you'll be executing your trust

Are your choices for health care agent(s) and financial agent(s) the same? If you select YES, you can skip to the end and hit "SUBMIT"

YES

First Health Care agent

First Name

Middle Name

Last Name

First agent Phone Number

Second Health Care agent (optional)

First Name

Middle Name

Last Name

Second agent Phone Number

Third Health Care agent (optional)

First Name

Middle Name

Last Name

Third agent Phone Number

If you listed multiple agents, indicate how they should serve

Each agent will serve in the order listed

All agents will serve together as co-Trustees

The first two will serve as co-agents; the 3rd will serve if either 1st or 2nd is unable

The first two will serve as co-agents; the 3rd will serve if both 1st and 2nd are unable

The 1st will serve alone; the 2nd and 3rd will serve as co-agents if the 1st is unable

If you selected a co-agent option, do they act jointly or separately?

Agents must act jointly

Agents may act separately

10. Power of Attorney for Health Care Decisions for WIFE

Do not expect to make selections about organ donation or do not resuscitate matters at this stage.

Those are questions that you will answer in front of the notary when you'll be executing your trust

Are your choices for health care agent(s) and financial agent(s) the same? If you select YES, you can skip to the end and hit "SUBMIT"

YES

First Health Care agent (optional)

First Name

Middle Name

Last Name

First agent Phone Number

Second Health Care agent (optional)

First Name

Middle Name

Last Name

Second agent Phone Number

Third Health Care agent (optional)

First Name

Middle Name

Last Name

Third agent Phone Number

If you listed multiple agents, indicate how they should serve

Each agent will serve in the order listed

All agents will serve together as co-Trustees

The first two will serve as co-agents; the 3rd will serve if either 1st or 2nd is unable

The first two will serve as co-agents; the 3rd will serve if both 1st and 2nd are unable

The 1st will serve alone; the 2nd and 3rd will serve as co-agents if the 1st is unable

If you selected a co-agent option, do they act jointly or separately?

Agents must act jointly

Agents may act separately

Contact Info, Comments

Comments

Your Phone Number so we can contact you if we have any questions

Your E-mail so we can contact you if we have any questions

I prefer to be contacted by

All answers were provided by me and I did not receive any legal advice from the staff at The Document People

I did not receive any legal advice