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AB-ABSTR.TXT
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1992-07-01
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*** AB-ABSTR.TXT
*******************************
*** C A U T I O N ***
*******************************
Do Not Use These Documents Without Consulting
An Estate Planning Attorney.
The purpose of this software product is to assist you in the
preparation of sample estate planning documents. You must have these
documents reviewed and approved by an Estate Planning Attorney to
ensure that the documents meet your particular needs, as well as to
ensure that the documents conform to requirements of state and federal
laws.
JIAN and the authors of the software do not represent or guarantee
that these documents are appropriate for your needs, satisfy any
provision of state or federal law or will have any particular state or
federal tax effect.
>>>>> A Note To LivingTrustBuilder Users Who Are <<<<<
>>>>> Residents Of Non-Community Property States <<<<<
The LivingTrustBuilder trust agreements and abstracts for married
persons contain several references to "community property." For
couples residing in community property states, these provisions are
essential. For those residing in non-community property states, the
provisions are harmless. In effect, the trust is administered in non-
community property states as though these references were not there.
It may be to your advantage to retain the references to community
property in your trust documents. For example, if you move to a
community property state, the presence of these references may
minimize or eliminate the need to revise your living trust documents
to conform to the requirements of the community property state.
In any case, we caution you against deleting the references to
community property from the text of the documents without first
consulting an estate planning attorney in your state.
----------------------------------------------------------------------
REMEMBER
to change the complete insertion code (***Q1***, ***Q2***, etc.)
and not just the "Q1" or "Q2".
This document references the following insertion codes:
Q1, Q2, Q3, Q4, Q5, Q6, Q7, Q9, Q10
**********************************************************************
Abstract Of
A-B (Married) Living Trust Agreement
This is a brief document which summarizes the terms of the trust.
This is the document which should be presented when transferring an
asset into the trust or opening a new account. Most institutions will
accept this summary in lieu of the more lengthy Trust Agreement;
however, some institutions, such as brokerage firms, may require a
copy of the entire Trust Agreement for their records.
This Document Must Be Reviewed By An Estate Planning Attorney
Before You Sign It.
**********************************************************************
ABSTRACT OF TRUST AGREEMENT
THIS AGREEMENT is made and entered into this ______ day of
________________, 19___, between ***Q1*** and ***Q2***, of the County
of ***Q4***, State of ***Q5***, herein designated as Co-Trustors; and
***Q1*** and ***Q2***, of the County of ***Q4***, State of ***Q5***,
herein designated as Co-Trustees. The name of the trust is ***Q3***,
dated __________________, 19___.
IT IS AGREED BETWEEN THE PARTIES HERETO AS FOLLOWS:
1. Description of Trust: The parties hereto desire to confirm the
establishment of a revocable trust on the date first above written,
and amendments thereto, for the benefit of Co-Trustors (as husband and
wife) and containing, among others, the following provisions:
2. Initial Co-Trustees. The husband and wife are designated as
Co-Trustees, to serve until the death, resignation or incompetence of
one of them, and the remaining Co-Trustee shall continue to act as
sole Trustee.
3. Successor Trustees. Upon removal of both husband and wife as
Co-Trustees, the successor Trustee is designated as ***Q9***. Upon
removal of ***Q9*** as Trustee, the successor Trustee is designated as
***Q10***.
4. Power to Alter Succession of Trustees. After the death of either
Co-Trustor, the surviving Co-Trustor shall have full power and
authority to alter the succession of trustees by written Designation
of Successor Trustee(s) filed with the then acting Trustee.
5. Division of Trust Upon Death of a Co-Trustor. Upon the death of
either Co-Trustor, the trust property becomes allocated into two (2)
trusts, designated TRUST A and TRUST B, at which time TRUST B becomes
irrevocable. The Trustee may make distribution in TRUST A and TRUST B
in such a manner so as to qualify for the alternate valuation date
under Internal Revenue Code Section 2032.
6. Surviving Spouse's Interest in Trust A. The Surviving Spouse
retains the unlimited right to withdraw income and principal from
TRUST A. The Surviving Spouse also retains a general power of
appointment over TRUST A which can be exercised by lifetime transfer
or by Will or written instrument filed with the Trustee prior to
death.
7. Surviving Spouse's Interest in Trust B. The Surviving Spouse is
vested with a life income from TRUST B, and the Trustee may invade
principal for the benefit of the Surviving Spouse, as determined by an
ascertainable standard.
8. Trustee's Powers. The Co-Trustees, or the successor Trustee, shall
have the power and authority to manage and control the trust property
in such manner as the Trustee or successor Trustee may deem advisable,
and they shall have, enjoy and exercise all powers and rights over and
concerning property and the proceeds thereof as fully and amply as
though the Co-Trustees were the absolute and unqualified owners of
same, including, but not limited to, the following:
(a) Power to Manage Trust Property. The power to grant,
exchange, lease, sell and convey real and personal property;
(b) Power to Borrow. The power to borrow money and to obligate
the trust estate by mortgage, deed of trust, pledge or otherwise;
(c) Power to Invest. The power to invest in commodities of every
nature, corporate obligations of every kind, precious metals such as
gold or silver, stocks, preferred or common, to buy stocks, bonds,
commodities and similar investments on margin or other leveraged
accounts, to open, operate and maintain a securities brokerage account
wherein any securities may be bought and/or sold on margin, and to
hypothecate, borrow upon, purchase and/or sell existing securities in
such account as the Trustee may deem appropriate or useful, except to
the extent that such management would cause includibility of any
irrevocable trust in the estate of a Trustee;
(d) Power to Delegate. To perform or to delegate to any trustee
or non-trustee any non-discretionary power, including the power to
singularly or jointly open, close or transfer any type of bank account
and savings and loan association account, sign checks, drafts,
withdrawal slips or other documents, give instructions for the receipt
or delivery of securities or other property, give instructions for the
payment or the receipt of money and, singularly or with others, have
access to any safe deposit box or other place containing property of
this trust.
9. Distribution after Death of Both Co-Trustors. Following the death
of both Co-Trustors, the trust continues or is distributed in whole or
in part for the benefit of other named beneficiaries according to the
terms of the trust.
10. Checking and Savings Accounts. While both Co-Trustors are living
and competent, except when a corporate Trustee is acting hereunder,
either Co-Trustor may add money to or withdraw money from any savings
or checking account owned by the trust in any financial institution
without the approval of the Trustee or other Co-Trustor; provided,
however, that the ownership of the funds shall remain the same and the
Co-Trustor adding or removing such funds shall gain no additional
ownership interest therein than was present prior to the withdrawal
from or addition to the trust account.
11. Separate and Community Property. All property designated in the
documents of title as "SPH" is rebuttably presumed to be separate
property of the Husband, "SPW" is rebuttably presumed to be the
separate property of the Wife, and "CP" is rebuttably presumed to be
community property. If no letters are added, ownership shall be as
reflected on the books and records of the Co-Trustors.
12. Character of All Property Except Joint Tenancy Property Unchanged
Upon Transfer to Trust. All property transferred into the trust which
had an original source as community property shall remain community
property and all property which had an original source as separate
property shall remain separate property of the contributing spouse,
unless other provision shall have been made therefor, except that
joint tenancy property transferred into the trust shall be converted
to community property upon transfer into the trust.
13. Real and Personal Property. All personal property transferred
into the trust shall remain personal property and all real property
transferred into the trust shall remain real property.
14. Power over Community Property. Until the death of the first
Co-Trustor, no Trustee shall have any more extensive power over
community property than would a husband or wife under the laws of the
State of ***Q5***.
15. Trustee's Power to Transfer Assets. Unless otherwise indicated to
a prospective transferee, the Trustee has full power to transfer
assets held in the name of the trust, and subsequent transferees shall
be entitled to rely upon such transfers, provided the chain of title
is not otherwise deficient.
16. Governing Law. This trust shall be governed by the laws of the
State of ***Q5***.
17. Spendthrift Provision. This trust contains a spendthrift
provision.
18. Trust Agreement to Govern. The use of this Abstract of Trust
Agreement is for convenience only, and the Trust Agreement is solely
controlling as to provisions and interpretations, and any conflict
between this Abstract and the Trust Agreement shall be decided in
favor of the Trust Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Abstract
of Trust Agreement the day and year first above written.
CO-TRUSTORS:
_________________________________
***Q1***
_________________________________
***Q2***
CO-TRUSTEES:
_________________________________
***Q1***
_________________________________
***Q2***
STATE OF ***Q7*** )
: ss.
COUNTY OF ***Q6*** )
On the ______ day of _______________, 19___, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared ***Q1*** and ***Q2***, known to me (or proved me
on the basis of satisfactory evidence) to be the persons whose names
are subscribed to the within instrument, and acknowledged to me that
they executed the same.
WITNESS my hand and official seal.
_________________________________
Notary Public