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Single Living Trust

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. The advantage of revocable Living Trusts is that 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 referred to 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 and well.

1. Your Trust

2. 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.

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.

2. Beneficiaries

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

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?

PRIMARY BENEFICIARY # 2

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?

PRIMARY BENEFICIARY # 3

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?

PRIMARY BENEFICIARY # 4

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?

PRIMARY BENEFICIARY # 5

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?

PRIMARY BENEFICIARY # 6

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?

PRIMARY BENEFICIARY # 7

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?

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).

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 as trustee due to incapacity.

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

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.

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

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.

7. Power of Attorney for Finance

8. Power of Attorney for Health Care Decisions

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.

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