book coverGordon Bennett
THE NATIONAL CENTER FOR THE AVOIDANCE OF PROBATE presents
The Layman's Guide to
LIVING TRUSTS
An easy to understand, online estate planning seminar!
Written and presented by Gordon Mead Bennett

Samples

Ready-to-sign sample:
The following short excerpt is from the ready-to-sign trust edition. Note that all personal information has been inserted by the National Center for the Avoidance of Probate and the edition is read-to-sign upon receipt:

Declaration of Trust

TO NAME THE TRUST, ITS GRANTORS AND ITS TRUSTEES

Endeavoring to be legally bound, on this ________________________ day of ____________________, 20____________, we, James M. Smith, the husband, and Mary K Smith, the wife, of 1319 Maple Grove Avenue, Canon, Iowa, referred to hereafter as the Grantors, acknowledge and proclaim that we hereby convey, transfer, assign and deliver to the trustees of the hereby created revocable inter vivos TRUST all our right, title, and interest to certain of our jointly and separately held assets.

This Trust shall be known as the James and Mary Smith Family Trust and as the grantors of said Trust, we hereby appoint James M. Smith and Mary K. Smith of 1319 Maple Grove Avenue, Canon, Iowa, hereafter known as the Trustee(s), to administer those assets held in the above named Trust under the terms and conditions as set forth in this Declaration of Trust.

In the event of the physical or mental incapacity or death of either grantor, the surviving grantor, when physically and mentally capable, shall continue with full power and authority to exercise all of the powers accorded to grantors or trustees under this Declaration of Trust.

TO APPOINT TWO OR MORE CO-SUCCESSOR TRUSTEES

The occurrence of the resignation, incompetency or death of a sole trustee or surviving trustee, the grantors hereby appoint the following to serve as Co-Successor Trustees:

Marsha B. Camfield, of 431 State Street, Canon, Iowa
Daniel C. Smith, of 2324 Roberts Street, Des Moines, Iowa
Rita S. Jones, of 367 Baker Street, Iowa City, Iowa

Upon assuming the trusteeship the successor trustees shall be bound by the conditions and have all the powers and authorities granted to trustees as set forth in this Trust and, upon assuming such duties and powers of the trusteeship, shall be recognized and acknowledged as trustees. Administrative decisions regarding all affairs of the Trust or Trust Estate by successor trustees shall be by majority consent.


Finish-it-yourself economy sample:
The following excerpt is identical to the ready-to-sign edition above with the exception that the client must add his own personal information in the color coded, blank spaces within the document. Average time to fill in the blanks and finish all trust documents yourself: 2 to 3 hours.

Declaration of Trust

TO NAME THE TRUST, ITS GRANTORS AND ITS TRUSTEES

Endeavoring to be legally bound, on this date of________date of trust execution______ we, >name of husband<, the husband, and >name of wife<, the wife, of >address of husband and wife< referred to hereafter as the Grantors, acknowledge and proclaim that we hereby convey, transfer, assign and deliver to the trustee(s) of the hereby created revocable inter vivos TRUST all our right, title, and interest to certain of our jointly and separately held assets.

APPOINTMENT OF TRUSTEE(S): This Trust shall be known as the >name of trust< and as the grantors of said Trust we hereby appoint >name of husband< and >name of wife< of >address of husband and wife< as primary Trustees and hereafter referred to as the Trustees, to administer those assets held in the above named Trust under the terms and conditions as set forth in this Declaration of Trust.

The exercise of any and all powers, authorities, discretions and rights granted to the above named primary Trustees shall not be construed to require the primary Trustees to act in unison in order to exercise any Trust power. Each primary Trustee may individually exercise any of the Trust powers.

In the event of the physical or mental incapacity or death of grantor or trustee, the surviving grantor or trustee, when physically and mentally capable, shall continue with full power and authority to exercise all of the powers accorded to grantors or trustee(s) under this Declaration of Trust.

TO APPOINT TWO OR MORE CO-SUCCESSOR TRUSTEES

In the occurrence of the resignation, incompetency or death of both trustees, the grantors hereby appoint the following first >number of persons listed< persons listed below to serve as co-successor trustees:

>name of co-successor trustee< of >address<
>name of co-successor trustee< of >address<
>name of co-successor trustee< of >address<
>name of co-successor trustee< of >address<
>name of co-successor trustee< of >address<

By their assumption of the trusteeship, successor trustees shall be bound by the conditions and have all the powers and authorities granted to the trustee(s) as set forth in this Trust and upon assuming such duties and powers of the trusteeship shall be recognized and acknowledged as trustees. Administrative decisions regarding all affairs of the Trust or Trust Estate by co-successor trustees shall be by >type "unanimous" or "majority"< consent.

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