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IRREVLIF.BLD
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1997-07-22
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238 lines
#100
@001 Enter the name of the TRUSTOR:
~Enter the name of the person who is creating the trust.
@002 Enter the name of the TRUSTEE:
~Enter the name of the person who will manage the trust for the
~trustor.
@099/@099 Select the proper pronoun for the trustor:
himself
herself
@100 Enter the description of policies contributed to the trust:
~Describe the life insurance policies which are being placed in
~this trust. For example: Amalgamated Independent United Life
~Insurance policy number 12345, in the principal amount of
~$500,000.
@300 Enter the disposition of trust assets to the beneficiaries:
~Enter the complete disposition of the assets. For example: 50%
~to John Doe, 40% to Jane Doe and 10% to John Roe.
#end control section
#100
IRREVOCABLE TRUST
@001, referred to as TRUSTOR, and @002, referred to as TRUSTEE,
agree:
I
Purposes of Trust
The TRUSTOR has established this irrevocable trust for the
purpose of providing for the needs of the beneficiary herein. By
the trust, TRUSTOR is divesting @099 of all incidents of
ownership of the corpus of the trust.
II
Corpus of trust
TRUSTOR has delivered to the TRUSTEE the following described
trust assets:
@100
in trust, for the purposes which are set forth herein.
The TRUSTOR shall have the right to make additions to the corpus
of the trust, provided that the same are insurance policies on
the life of the TRUSTOR, or, other property which the trustee is
willing to accept. TRUSTEE shall not be required to accept any
proffered additions to the corpus.
In the event that pursuant to paragraph V of this trust, any
dividends are earned on the insurance policies, above trust
expenses, the dividends shall be added to the premium payment
fund.
The trustor shall have the right to make additions to the corpus
of the trust, provided that the same are insurance policies on
the life of the TRUSTOR, or, other property which the trustee is
willing to accept.
III
Ownership rights of the Trustee
TRUSTEE shall have all of the incidents of ownership in such
corpus, and TRUSTOR shall have no control of the corpus.
TRUSTOR shall have no right to exercise any of the incidents of
ownership in regard to the policies.
The Trustor shall execute any and all documents necessary to
provide for the complete transfer of ownership of the policy to
the TRUSTEE, and upon the request of the TRUSTEE shall provide
any reasonable cooperation to the TRUSTEE.
IV
Irrevocability of the trust
This trust is irrevocable, and may not be altered, terminated or
changed in any respect by the TRUSTOR.
V
Management of the trust
During the life of the TRUSTOR, the TRUSTEE shall hold the
policies. Any income or dividends paid on such policies shall be
held by the TRUSTEE in trust, provided, that TRUSTEE may pay any
expenses of the trust from such income.
Any dividends or other earnings of the corpus of the trust, above
expenses shall be kept in a reserve for premium payments.
In the event that any premiums become due on any policy
constituting the corpus of the trust the TRUSTEE may pay the
premiums from the reserve. In the event that the reserve is not
sufficient to pay any premiums due, the TRUSTEE shall notify the
TRUSTOR of the amounts and due dates, as soon as the shortage is
known. Should TRUSTOR fail to fund the payment of the premiums,
the TRUSTEE shall have no obligation to make any advances. The
TRUSTEE, shall in in the trustee's sole discretion be entitled
to:
(a) convert the policy or policies into paid up policies; or,
(b) cash in the policy or policies and purchase paid up coverage;
or,
(c) borrow on security of the corpus of the trust to make such
payments; or,
(d) cash in the policy or policies, in which event the cash value
of the policies shall form the corpus of the trust.
The TRUSTEE shall have the right, in the Trustee's sole
discretion to sell, cash in, transfer or exchange the policy in
the event that:
(a) the company providing the coverage is unsuitable due to its
management or operating experience; or,
(b) substantially larger coverage may be achieved with another
company or policy; or,
(c) the dividend/earnings potential of another policy are
substantially larger.
Upon the death of the TRUSTOR, the TRUSTEE has with all possible
dispatch provide necessary proofs of claim and other matters
required to collect the policy proceeds. The Trustee shall have
the right, if in the sole discretion of the trustee the same is
advisable, to compromise the claim in the best interests of the
trust and the beneficiaries.
The TRUSTEE shall then distribute the corpus of the trust as
follows:
(i) to the expenses of the trust;
(ii) to the following beneficiaries in shares as follows:
@300
Upon disbursement of the funds, the trust shall terminate.
VI
Trustee and successor trustee
Trustor shall have no right to discharge, instruct or change the
trustee after the execution of this agreement. In the event that
the trustee resigns, the successor trustee shall be @101. In the
event that @101 does not serve for any reason, the successor
trustee shall be the @102 corporation.
VII
Indemnity and expenses
The TRUSTEE shall be entitled to indemnity for any expenses or
claims related to the trust, provided that the TRUSTEE's act were
in good faith.
Dated: _______________________
_________________________________________
@001
Receipt of the above stated assets acknowledged:
_________________________________________
@002