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- .TX1 *** TRUSTS - ADMINISTRATION OF MARITAL FUND TRUST ***********
- {>ARTICLE_HEADING}
-
- MARITAL TRUST ADMINISTRATION
-
- The Marital Fund shall be held as a separate trust known as the
- Marital Trust and administered as follows:
-
- ({!PARNO}) Income and Principal. During my {SPOUSE_HUSBAND/WIFE}'s
- lifetime the Trustee shall pay all the net income from the Marital
- Trust to my {SPOUSE_HUSBAND/WIFE} at least annually. The Trustee
- also shall pay to my {SPOUSE_HUSBAND/WIFE} such amounts of principal
- as the Trustee may deem necessary for {SPOUSE_HIS/HER} health,
- support and maintenance, with such terms to be liberally construed.
- I suggest, but do not require, that principal distributions for
- these purposes be made first from this Trust rather than from
- the Family Trust.
-
- .TX2 *** TRUSTS - OPTIONAL WITHDRAWAL RIGHTS HEADING *************
- ({!PARNO}) In addition to the distributions of principal allowed
- by the foregoing standards, my {SPOUSE_HUSBAND/WIFE} shall also
- have the right to make the following withdrawals from the principal
- of the Marital Trust:
-
- .TX3 *** TRUSTS - WITHDRAWALS FOR HOME MORTGAGE PAYMENT OPTION ***
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- ({#SUB_PARA2}) To withdraw at any time or from time to time
- an amount sufficient to pay the monthly or other periodic
- installment payments on the then outstanding mortgage on the
- home in which my {SPOUSE_HUSBAND/WIFE} and I reside at my death,
- or, if my {SPOUSE_HUSBAND/WIFE} shall so choose, an amount
- sufficient to prepay all or part of such mortgage.
-
- .TX4 *** TRUSTS - WITHDRAWALS OF MAXIMUM AMOUNT ANNUALLY OPTION **
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- ({#SUB_PARA2}) In each calendar year (including the year of my
- death), to withdraw any amount which is not in excess of
- {MAX_WITHDRAWAL}. This right of withdrawal shall be noncumulative,
- and if not exercised in any calendar year, shall lapse for that
- year.
-
- .TX5 *** TRUSTS - WITHDRAWALS BY SPOUSE UNLIMITED OPTION *********
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- ({#SUB_PARA2}) To withdraw such sums as my {SPOUSE_HUSBAND/WIFE}
- shall request at any time during {SPOUSE_HIS/HER} lifetime, even
- to the exhaustion of the Marital Trust.
-
- .TX6 *** TRUSTS - CLOSING PROVISIONS FOR OPTIONAL WITHDRAWALS ****
- The right of my {SPOUSE_HUSBAND/WIFE} to make these withdrawals shall
- be exercised in each case by {SPOUSE_HIM/HER} notifying the Trustee
- in writing to that effect, specifying the amount desired to be
- withdrawn. Within a reasonable time thereafter, the Trustee shall
- make the distributions directly to my {SPOUSE_HUSBAND/WIFE}.
-
- .TX7 *** TRUSTS - LIFE ESTATE /W POWER MARITAL TRUST TERMINATION *
- ({!PARNO}) Termination of Marital Trust. Upon the death of my
- {SPOUSE_HUSBAND/WIFE}, the Trustee shall distribute the remaining
- principal and undistributed income to and among those persons,
- corporations, trusts, or estates (including the estate of my
- {SPOUSE_HUSBAND/WIFE}) whom my {SPOUSE_HUSBAND/WIFE} shall
- appoint by Will. My {SPOUSE_HUSBAND/WIFE} shall be regarded as
- having so appointed this Trust property only in the event that
- {SPOUSE_HIS/HER} Will refers specifically to this power of
- appointment. To the extent that my {SPOUSE_HUSBAND/WIFE} shall
- fail to exercise the foregoing power of appointment, the then
- remaining principal of the Marital Trust and any undistributed
- income shall be disposed of as follows:
-
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- (A) The Trustee may distribute from the Marital Trust to the
- Executor or Administrator of my {SPOUSE_HUSBAND/WIFE}'s estate
- any amount of the remaining undistributed income or principal
- (even to the exhaustion thereof) to pay any legally enforceable
- debts (excluding debts secured by real estate) and funeral
- expenses of my {SPOUSE_HUSBAND/WIFE}, the expenses of the
- administration of {SPOUSE_HIS/HER} estate, and federal estate
- and state inheritance taxes which may be due because of the
- death of my {SPOUSE_HUSBAND/WIFE}. The Trustee shall not be
- responsible for the application of the amounts distributed to
- such Executor or Administrator.
-
- (B) The assets remaining in the Marital Trust after any
- distributions are made by the Trustee pursuant to the above
- paragraph (a) shall be added to and become part of the principal
- of the Family Trust as if originally a part thereof, to be
- continued in trust or distributed as provided in this Will.
-
- .TX8 *** TRUSTS - QUALIFIED TERMINABLE INTEREST PPTY TERMINATION *
- ({!PARNO}) Termination of Marital Trust. The Marital Trust shall
- terminate upon the death of my {SPOUSE_HUSBAND/WIFE}. The Trustee
- shall then make the following final distributions from the Marital
- Trust:
-
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- (A) To my {SPOUSE_HUSBAND/WIFE}'s estate, any undistributed
- net income of the Marital Trust determined as of the date of my
- {SPOUSE_HUSBAND/WIFE}'s death.
-
- (B) To my {SPOUSE_HUSBAND/WIFE}'s estate, unless my
- {SPOUSE_HUSBAND/WIFE} in {SPOUSE_HIS/HER} Will expressly directs
- that the following distribution not be made, an amount judged by
- the Trustee to be approximately equal to the incremental federal
- estate and state death tax liability (including any interest or
- penalties) attributable to the inclusion of the Marital Trust in
- my {SPOUSE_HUSBAND/WIFE}'s gross estate (or corresponding
- designation for state tax purposes). The Trustee shall have the
- sole and absolute discretion to determine the amount of this
- distribution and to select the assets, if any, to be sold to
- make the distribution. The Trustee shall not be responsible for
- the application of the amount distributed to my
- {SPOUSE_HUSBAND/WIFE}'s Executor or Administrator.
-
- .TX9 *** TRUSTS - PAYMENT OF SPOUSE'S DEBTS & EXPENSES OPTION ****
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- (C) In the Trustee's sole discretion, the final distributions
- from the Marital Trust may include any amount of the remaining
- principal of such trust (even to the exhaustion thereof) to pay
- any legally enforceable debts (excluding debts on real estate)
- and funeral expenses of my {SPOUSE_HUSBAND/WIFE} and the expenses
- of the administration of {SPOUSE_HIS/HER} estate.
-
- .TX10 *** TRUSTS - CLOSING FOR QTIP MARITAL TRUST TERMINATION ****
- The assets remaining in the Marital Trust after the above
- distributions shall be added to and become part of the principal
- of the Family Trust as if originally a part thereof, to be continued
- in trust or distributed as provided in this Will.
-
- .END **************** END OF WILLS06 TEXT ***********************
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