Form Section 1

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

Information about the husband: full legal name
Information about the wife: full legal name
Your Address:

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
Form Section 2

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.

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.

Form Section 3

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

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?

Form Section 4

PRIMARY BENEFICIARY # 2

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?

Form Section 5

PRIMARY BENEFICIARY # 3

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?

Form Section 6

PRIMARY BENEFICIARY # 4

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?

Form Section 7

PRIMARY BENEFICIARY # 5

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?

Form Section 8

PRIMARY BENEFICIARY # 6

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?

Form Section 9

PRIMARY BENEFICIARY # 7

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?

Form Section 10

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).
Custodian
Custodian's address
Alternate Custodian (optional)
Alternate Custodian's address (optional)
Form Section 11

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?
Successor Trustee # 1
Successor Trustee # 1 address
Successor Trustee # 2 (optional)
Successor Trustee # 2 address
Successor Trustee # 3 (optional)
Successor Trustee # 3 address

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
If you selected a successor co-Trustee option, do they act jointly or separately?
Form Section 12

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
Date of Birth
Name of your child, 2
Date of Birth
Name of your child, 3
Date of Birth
Name of your child, 4
Date of Birth
Name of your child, 5
Date of Birth

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
Guardian's address
Alternate Guardian (optional)
Alternate Guardian's address
If you have chosen TWO GUARDIANS, indicate how they should serve.
Form Section 13

7. Power of Attorney for Finance - HUSBAND

The power of attorney for finance and property matters should be:
First financial agent
First agent address
Second financial agent (optional)
Second agent address
Third financial agent (optional)
Third agent address
If you listed multiple agents above, indicate how they should serve
If you selected a co-agent option, do they act jointly or separately?
Form Section 14

8. Power of Attorney for Finance - WIFE

The power of attorney for finance and property matters should be:
First financial agent
First agent address
Second financial agent (optional)
Second agent address
Third financial agent (optional)
Third agent address
If you listed multiple agents above, indicate how they should serve
If you selected a co-agent option, do they act jointly or separately?
Form Section 15

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"
First Health Care agent
First agent address
Second Health Care agent (optional)
Second agent address
Third Health Care agent (optional)
Third agent address
If you listed multiple agents, indicate how they should serve
If you selected a co-agent option, do they act jointly or separately?
Form Section 16

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"
First Health Care agent (optional)
First agent address
Second Health Care agent (optional)
Second agent address
Third Health Care agent (optional)
Third agent address
If you listed multiple agents, indicate how they should serve
If you selected a co-agent option, do they act jointly or separately?
Form Section 17

Contact Info, Comments

Name of the person filling out the questionnaire
All answers were provided by me and I did not receive any legal advice from the staff at The Document People