REVOCABLE LIVING TRUST
Known As
Date:
Agreement made and executed this day of , 20 ,
by and between , hereinafter referred to as the Settlor,
and , hereinafter referred to as the Trustee.
Settlor desires to create a revocable trust of the property described in
Schedule A hereto annexed, together with such monies, and other assets as the
Trustee may hereafter at any time hold or acquire hereunder (hereinafter referred
to collectively as the "Trust Estate") for the purposes hereinafter set forth.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
herein contained, the Settlor agrees to execute such further instruments as shall
be necessary to vest the Trustee with full title to the property, and the Trustee
agrees to hold the Trust Estate, IN TRUST, NEVERTHELESS, for the following uses
and purposes and subject to the terms and conditions hereinafter set forth:
The Trustee shall hold, manage, invest and reinvest the Trust Estate (if any
requires such management and investment) and shall collect the income, if any,
therefrom and shall dispose of the net income and principal as follows:
(1) During the lifetime of the Settlor, the Trustee shall pay to or
apply for the benefit of the Settlor all the net income from the Trust.
(2) During the lifetime of the Settlor, the Trustee may pay to or apply for the
benefit of the Settlor such sums from the principal of this Trust as in its sole
discretion shall be necessary or advisable from time to time for the medical
care, comfortable maintenance and welfare of the Settlor, taking into
consideration to the extent the Trustee deems advisable, any other income or
resources of the Settlor known to the Trustee.
(3) The Settlor may at any time during his/her lifetime and from time to time,
withdraw all or part of the principal of this Trust, free of trust, by delivering
an instrument in writing duly signed by him/her to the Trustee, describing the
property or portion thereof desired to be withdrawn. Upon receipt of such
instrument, the Trustee shall thereupon convey and deliver to the Settlor, free
of trust, the property described in such instrument.
(4) In the event that the Settlor is adjudicated to be incompetent
or in the event that the Settlor is not adjudicated incompetent, but by reason of
illness or mental or physical disability is, in the opinion of the Trustee,
unable to properly handle his/her own affairs, then and in that event the Trustee
may during the Settlor's lifetime, in addition to the payments of income and
principal for the benefit of the Settlor, pay to or apply for the benefit of the
Settlor's spouse, and of any one or more of Settlor's minor children, such sums
from the net income and from the principal of this Trust in such shares
and proportions as in its sole discretion it shall determine to be necessary or
advisable from time to time for the medical care, comfortable maintenance and
welfare of the Settlor's said spouse and children taking into consideration to
the extent the Trustee deems advisable, any other income or resources of the
Settlor's said spouse and minor children known to the Trustee.
(5) The interests of the Settlor shall be considered primary and superior to the
interests of any beneficiary.
II
The Settlor reserves and shall have the exclusive right any time and from time to
during his/her lifetime by instrument in writing signed by the Settlor and
delivered to the Trustee to modify or alter this Agreement, in whole or in part,
without the consent of the Trustee or any beneficiary provided that the duties,
powers and liabilities of the Trustee shall not be changed without his/her
consent; and the Settlor reserves and shall have the right during his/her
lifetime, by instrument in writing, signed by the Settlor and delivered to the
Trustee, to cancel and annul this Agreement without the consent of the
Trustee or any beneficiary hereof. Settlor expressly reserves the right to
appoint successor trustees, replace present trustees and change the beneficiaries
or the rights to property due any beneficiary.
III
In addition to any powers granted under applicable law or otherwise, and not in
limitation of such powers, but subject to any rights and powers which may be
reserved expressly by the Settlor in this Agreement, the Trustee is authorized to
exercise the following powers to the Trustee's sole and absolute discretion.
a.To hold and retain any and all property, real, personal, or mixed, received from the Settlor's estate, or from any other source, regardless
of any law or rule of court relating to diversification, or non-productivity, for
such time as the Trustee shall deem best, and to dispose of such property by
sale, exchange, or otherwise, as and when they shall deem advisable; not
withstanding this provision or any other contained herein.
b. To sell, assign, exchange, transfer, partition and convey, or
otherwise dispose of, any property, real, personal or mixed, which may be
included in or may at any time become part of the Trust Estate, upon such terms
and conditions as deemed advisable, at either public or private sale, including
options and sales on credit and for the purpose of selling, assigning,
exchanging, transferring, partitioning or conveying the same, to make, execute,
acknowledge, and deliver any and all instruments of conveyance, deeds of
trust, and assignments in such form and with such warranties and covenants as
they may deem expedient and proper; and in the event of any sale, conveyance or
other disposition of any Trust Estate, the purchaser shall not be obligated in
any way to see the application of the purchase money or other consideration
passing in connection therewith.
c. To lease or rent and manage any or all of the real estate, which
may be included in or at any time become a part of the Trust Estate, upon such
terms and conditions deemed advisable, irrespective of whether the term of the
lease shall exceed the period permitted by law or the probable period of any
trust created hereby, and to review and modify such leases; and for purpose of
leasing said real estate, to make, execute, acknowledge and deliver any and all
instruments in such form and with such covenants and warranties as they may deem
expedient and proper; and to make repairs, replacements, and improvements,
structural and otherwise, of any property, and to charge the expense thereof
in an equitable manner to principal or income, as deemed proper.
d. To borrow money for any purpose in connection with said Trust
created hereby, and to execute promissory notes or other obligations for amounts
so borrowed, and to secure the payment of any such amounts by mortgage or pledge
or any real or personal property, and to renew or extend the time of payment of
any obligation, secured or unsecured, payable to or by any trust created hereby,
for such periods of time as deemed advisable.
e. To invest and reinvest or leave temporarily uninvested any or all
of the funds of the Trust Estate as said Trustee in the Trustee's sole discretion
may deem best, including investments in stocks, common and preferred, and common
trust fund, without being restricted to those investments expressly approved by
statute for investment by fiduciaries, and to change investments from realty to
personality, and vice versa.
f. To compromise, adjust, arbitrate, sue defend, abandon, or otherwise deal with and settle claims, in favor of or against the Trust Estate as
the Trustee shall deem best and the Trustee's decision shall be conclusive.
g. To determine in a fair and reasonable manner whether any part of
the Trust Estate, or any addition or increment thereto be income or principal, or
whether any cost, charge, expense, tax, or assessment shall be charged against
income or principal, or partially against income and partially against principal.
h. To engage and compensate, out of principal or income or both, as
equitably determined, agents, accountants, brokers, attorneys-in-fact, attorneys-at-law, tax specialists, realtors, custodians, investment counsel, and other
assistants and advisors, and to do so without liability for any neglect,
omission, misconduct, or default of any such agent or professional
representative, provided he or she was selected and retained with reasonable
care.
i. To vote any stock, bonds, or other securities held by the Trust
an any meetings of stockholders, bondholders, or other security holders and to
delegate the power so to vote to attorneys-in-fact or proxies under power of
attorney, restricted or unrestricted, and to join in or become a party to any
organization, readjustment, voting trust, consideration or exchange, and to
deposit securities with any persons, and to pay any fees incurred in connection
therewith, and to charge the same to principal or income, as deemed proper, and
to exercise all of the rights with regard to such securities.
j. To purchase securities, real estate, or other property from the
executor or other personal representatives of the Settlor's estate, the executor
or other personal representative of the Settlor's spouse's estate, and the
Trustee of any agreement or declaration executed by the Settlor during his/her
lifetime under his/her last will in case his/her executors or Trustees are in
need of cash, liquid assets, or income-producing assets with which to pay taxes,
claims, or other estate or trust indebtedness, or in case such executors or
Trustees are in need of such property to properly exercise and discharge
their discretion with respect to distributions to beneficiaries as provided for
under such bills, declarations, or agreements. Such purchase may be in cash or
may be in exchange for other property of this Trust, and the Trustees shall not
be liable in any way for any loss resulting to the Trust Estate by reason of the
exercise of said authority.
k. To undertake such further acts as are incidental to any of the
foregoing or are reasonably required to carry out the tenor, purpose and intent
of the Trust.
l.To make loans or advancements to the executor or other personal
representative of the Settlor's estate, the executor or other personal
representative of the Settlor's spouse's estate, and the Trustees of any
agreement or declaration executed by the Settlor during his/her lifetime or under
his/her last will in case such executors or Trustees are in need of cash for any
reason. Such loans or advancements may be secured or unsecured, and the Trustees
shall not be liable in any way for any loss resulting to the Trust Estate by
reason of the exercise of this authority.
IV
Upon death of the Settlor, or the last surviving Settlor if more than one, the
remaining Trust assets shall be distributed to the beneficiaries in the
proportionate or allocable amounts as are specified in the schedule of
beneficiaries as may then be in force.
If any beneficiary and the Settlor should die under such circumstances as would
render it doubtful whether the beneficiary or the Settlor died first, then it
shall be conclusively presumed for the purposes of this Trust that said
beneficiary predeceased the Settlor.
V
If it shall be determined that any provisions of the Trust created herein
violates any rule against perpetualities or remoteness of vesting now or
hereafter in effect in a governing jurisdiction, that portion of the Trust herein
created shall be administered as herein provided until the termination of the
maximum period allowed by law at which time and forthwith such part of the Trust
shall be distributed in fee simple to the beneficiaries then entitled to receive
income therefrom, and for the purpose, it shall be presumed that any beneficiary
entitled to receive support or education from the income or principal or any
particular fund is entitled to receive the income therefrom.
VI
Except as otherwise provided herein, all payments of principal and income
payable, or to become payable, to the beneficiary of any trust created hereunder
shall not be subject to anticipation, assignment, pledge, sale or transfer in any
manner, nor shall any said beneficiary have the power to anticipate or encumber
such interest, nor shall such interest, while in possession of the Trustee, be
liable for, or subject to, the debts, contracts, obligations, liabilities or
torts of any beneficiary.
VII
This Trust Agreement shall be construed, regulated and governed by and in
accordance with the laws of the State of .
I certify that I have read the foregoing Trust Agreement and it correctly states
the terms and conditions under which the Trust Estate is to be held, managed and
disposed of by the Trustee.
Dated:
Settlor
Trustee
STATE OF (
COUNTY OF (
(
On before me, personally appeared ,
personally known to me (or subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
Signature
Affiant _____Known _____Unknown
ID Produced
(Seal)
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