General Form of Revocable Trust AgreementPage 1 of 5
General Form of Revocable Trust Agreement
Trust Agreement made on the day of , 20 , between
, of ,
(Name of Trustor) (Street Address, City, County, State, Zip Code)
hereinafter called Trustor, and , of ,
(Name of Trustee) (Street Address)
, hereinafter called Trustee.
(City, County, State, Zip Code)
1. Trust Estate. Trustor assigns, transfers, and conveys to Trustee the property described in
the attached Exhibit A, which is incorporated herein by reference, and the receipt of which
property is hereby acknowledged by Trustee. The property shall be held by Trustee in Trust on
the terms and conditions set forth below.
2. Revocation and Amendment. Trustor reserves the right at any time, by an instrument in
writing delivered to Trustee and acknowledged in the same manner as a conveyance of real
property entitled to be recorded in , to revoke or amend this
(Name of State)
Trust in whole or in part. The duties and liabilities of Trustee shall under no circumstances be
substantially increased by any amendment of this Agreement except with its written consent.
3. Additions to Trust Estate. Trustor reserves the right for himself or herself or any other
person to increase this Trust by delivering property to Trustee, by having the proceeds of
insurance policies made payable to Trustee, or by bequest or devise by will. Trustor will notify
Trustee in writing of any policies made payable to it or will deliver the policies to Trustee as
custodian. Trustee's duties and liabilities under this Agreement shall under no circumstances be
substantially increased by any such additions, except with its written consent.
4. Disposition of Income and Principal. After paying the necessary expenses incurred in
the management and investment of the Trust estate, including compensation of Trustee for its
own services, Trustee shall pay the net income of the Trust and distribute the principal of the
Trust in the following manner: .
(Provide for payment of income and distribution of principal of Trust)
5. Invasion of Principal for Spouse and Descendants. After Trustor 's death, Trustee may
apply so much of the principal of the Trust for the use of Trustor's spouse
, and Trustor's children ,
(Name of Spouse) (Names of Children)
or any of them, at such time or times as in Trustee's discretion it may deem advisable for their
proper education, care, or support. The provisions of this Section are intended primarily as a
means of affording financial assistance to Trustor's spouse and children in the event of their
serious illness, misfortune, or other emergency or unusual condition, and also to assist them
during the period of their education or setting up in business or at the time of their marriage. This
enumeration is to serve only as a guide and shall not be construed to restrict the discretionary
powers so conferred on Trustee. Any amounts so applied to the use of Trustor's spouse or any
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descendant shall be charged against, or deducted from, the principal of any share then, or later,
set apart for such spouse or child.
6. Distribution to Minors. Trustee in its discretion may make payment of income or
principal applicable to the use of any minor by paying the same to the parent or guardian of the
minor, or to any other person having the care and control of the minor, or by expending it in such
other manner as Trustee in its discretion believes will benefit the minor, provided, that Trustee
may also pay as an allowance directly to the minor such sums as Trustee may deem advisable.
Trustee may accumulate for the benefit of any minor so much of any income applicable to the
minor's use as Trustee in its discretion may deem advisable. Any income so accumulated shall be
paid to the minor on his or her attaining majority. Trustee in its discretion may make payment of
principal vesting in and payable to a minor, to such minor's parent or guardian, or may defer
payment of any part or all of the amount until the minor attains majority, meanwhile applying to
the minor's use so much of the principal and income, and at such time or times, as in its
discretion it may deem advisable for the minor's proper education, care, or support. Any payment
under this Section shall operate as a full discharge to Trustee with respect to the payment.
7. Powers of Trustee. In addition to any powers given to it by law or otherwise, Trustee is
authorized and empowered with respect to any property at any time held under any provision of
this Agreement, including accumulated income, if any, and any property held pursuant to any
power in Trust, and until the actual distribution of the property:
A. To sell on such terms and conditions as it in its sole discretion may determine.
B. To invest and reinvest in and to acquire by exchange or otherwise property of any
character including stocks of any classification, obligations, or other property, real or
personal, whether or not of the same kind, and participations in any common trust fund
administered by Trustee, without regard to diversification and without being limited to
the investments authorized by law for the investment of trust funds. C. To retain property of any kind received by it without regard to diversification and
without being limited to the investments authorized by law for the investment of trust funds. D. To join in, consent to, or become a party to any reorganization, merger,
consolidation, dissolution, readjustment, exchange, or other transaction and any plan or
action under or in connection with the same; to deposit any such property with any
protective, reorganizational, or similar committee; to delegate discretionary powers to the
committee and to share in the payment of its expenses and compensation and to pay any
assessments levied with respect to the property and to receive property under any
reorganization, merger, consolidation, dissolution, readjustment, exchange or other
transaction whether or not the same is authorized by law for the investment of trust funds.
E. To exercise all conversion, subscription, voting, and other rights of whatsoever
nature pertaining to any such property and to grant proxies, discretionary or otherwise,
with respect to those rights.
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F. To make and retain joint investments and investments of undivided interests in
any property, real or personal, whether or not all the property is held under this
agreement and whether or not the provisions under which such other property is held are
similar. G . With respect to any real property (including real property acquired on foreclosure
or by deed in lieu of foreclosure) at any time held under this agreement, to sell, exchange,
partition, lease, sublease, mortgage, improve, or otherwise alter on such terms as it may
deem proper, and to execute and deliver deeds, leases, mortgages, or other instruments
relating to the real property. Any lease may be made for such period of time, including a
lease beyond a - year period, as it may deem proper and without the
(E.g. five)
approval of any court.
H. To extend the time of payment of any bond (or other obligation) and mortgage
held by it, or of any installment of principal or interest or hold such bond (or other
obligation) and mortgage after maturity as past due; to consent to the alteration or
modification of any terms of the same, waive defaults in the performance of the terms of
the same; to foreclose any such mortgage or compromise or settle claims under the
mortgage; to take over, take title to, or manage the property, or any part of it, affected by
any such mortgage, either temporarily or permanently, and in partial or complete
satisfaction of any claim under the mortgage; to protect the property against or redeem it
from foreclosure or nonpayment of taxes, assessments, or other liens; to insure, protect,
maintain, and repair the property; and generally without limitation by the foregoing
specification to exercise with respect to such bond (or other obligation) and mortgage on
such property all rights and powers as may be exercised by a person owning similar
property in his or her own right. I. To borrow money to provide funds for any purpose without resorting to the sale
of any assets; and for the purpose of securing the repayment of the borrowed money, to
pledge, mortgage, or otherwise encumber any and all such property on such terms,
covenants, and conditions as it may deem proper and also to extend the time of payment
of any loans or encumbrances which at any time may be encumbrances on any such
property irrespective of by whom the same were made or where the obligations may or
should ultimately be borne on such terms, covenants, and conditions as it may deem
proper. J. Without limitation by the specification of the following, to exercise any and all
the powers, authorities, and discretions provided in this agreement in respect of any
shares of stock of Trustee and any successor corporation whether by merger,
consolidation, reorganization, sale, or otherwise.
K. To register any property belonging to any Trust created by this Agreement in the
name of its nominee, or to hold the same unregistered, or in such form that title shall pass
by delivery.
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L. To distribute in cash or in kind or partly in cash and partly in kind.
8. Transactions with Third Persons. No person or corporation dealing with Trustee shall
be required to investigate Trustee's authority for entering into any transaction or to administer the
application of the proceeds of any transaction.
9. Dividends. Regular or ordinary cash dividends, although they may be wholly or partly in
the nature of a payment in partial liquidation or may wholly or partly represent a distribution of
assets of the corporation other than surplus earnings, shall nevertheless be treated wholly as
income of the Trust. All other liquidating dividends shall be principal. All dividends payable in
the stock of the corporation or association declaring or authorizing the same shall be treated as
principal. All other extraordinary dividends shall be apportioned between principal and income,
as determined by Trustee in its absolute discretion.
10. Compensation of Trustee. Trustee shall be entitled to reasonable compensation from
time to time for Trustee's ordinary services rendered under this Agreement, for any extraordinary
services performed by Trustee, and for all services in connection with the termination of the
Trust, either in whole or in part.
11. Removal and Resignation of Trustee. Trustee may be removed at any time by Trustor
or after Trustor's death by written notice to Trustee. Trustee may resign by written notice to
Trustor during Trustor's lifetime or after Trustor's death to .
(Name)
Until the accounts of Trustee are settled and Trustee is discharged, Trustee shall continue to have
all the powers and discretions granted to it under this Agreement or conferred by law. In the
event of the removal or resignation of Trustee, Trustor or may by written instrument appoint a
successor Trustee. The successor Trustee, on executing a written acceptance of the Trusteeship
and on the settlement of the accounts and discharge of the prior Trustee, shall be vested, without
further act on the part of anyone, with all the estate, title, powers, duties, immunities, and
discretions granted to the original Trustee.
12. Employment of Agents; Expenses of Trust. Trustee may employ
agents, including counsel, and pay them reasonable compensation. Trustee shall be entitled to
reimbursement for such payments and for all other reasonable expenses and charges of the Trust
out of principal or income, as Trustee shall determine.
13. Governing Law. This Trust shall be governed and construed in all respects according to
the laws of the state of .
(Name)
14. Binding Effect. This Agreement shall be binding on Trustor, Trustor 's executor,
administrator, successors and assigns, and Trustee and Trustee 's successors and assigns.
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Trustor and Trustee have executed this Agreement as of the day and year first above written.
Name & Signature of Trustor Name & Signature of Trustee
Type/ Print Name Type/ Print Name
(Acknowledgments before Notary Public)
(Attach Exhibit)