Trust Agreement for Individual Serving Prison Term
Trust Agreement made on _______________________ (date) , between
______________________________________ (Name of Trustor) , of
________________________________________________________________________
____________________ (street address, city, county, state, zip code) , hereinafter called
Trustor , and _______________________________ (Name of Co-Trustee) , a national
banking corporation with its principal place of business at _________________________
________________________________________________________________________
(street address, city, county, state, zip code) , and hereinafter called Co-Trustee or Bank ,
and ______________________________ (Name of Co-Trustee) , of ________________
________________________________________________________________________
(street address, city, county, state, zip code) , hereinafter called Co-Trustee .
1. Transfer in Trust
Trustor assigns, transfers, and conveys to Co-Trustees the sum of _____________
($ Amount) . Receipt said sum is acknowledged by Co-Trustees. The described sum (and
additions thereto) shall be held by Co-Trustees in trust for the uses and purposes and on
the terms and conditions set forth in this Agreement.
2. Additions to Trust Estate
Trustor and any other person shall have the right at any time to make monetary
contributions acceptable to Co-Trustees to this Trust. Such property, when received and
accepted by Co-Trustees , shall become part of the Trust Estate .
3. Identification of Beneficiary
The only beneficiary of the Trust established under this Agreement is and shall be
___________________________________ (Name of Individual Serving Prison Term) ,
hereinafter called the Beneficiary . The Co-Trustees shall hold the Tr ust Estate for the
Beneficiary and the Trust shall bear the name of the Beneficiary.
4. Distributions and Terminations
A. During the term of the Trust, the Co-Trustees may distribute such portions
of the net income and principal (but only if the net income is insufficient at any particular
time) as may be reasonably necessary in the discretion of the Co-Trustees, to provide for
the support, maintenance, health, and welfare of the Beneficiary ; provided, however, that
if any income is accumulated for that year, such undistributed income shall be added to
the principal of the Trust Estate . In making any discretionary distributions to the
Beneficiary, the Co-Trustees shall consider: (1) the standard of living the Beneficiary had
been accustomed to prior to the creation of the Trust; (2) any known financial resources;
and (3) the ability of the Beneficiary to earn funds for the Beneficiary's own support and
maintenance. Co-Trustees may make any distribution without the intervention of any
party or other legal representative, to the Beneficiary directly or by using the distribution
directly for the Beneficiary's benefit.
B. The Trust shall terminate upon the death of the Beneficiary or when the
Beneficiary is released from incarceration from the ______________________________
_____________________________________ (Name of Prison) after having served his
sentence of ___________________________ (time of sentence), upon parole, pardon or
as a result of some other early release program. On termination, the Co-Trustees shall pay
all of the then remaining Trust Estate including undistributed income of the Trust to the
Beneficiary or, if the Beneficiary is then deceased, to the personal representative of the
Beneficiary's estate.
5. Irrevocability of Trust
This Trust shall be irrevocable and shall not be revoked or terminated by Trustor
or any other person, nor shall it be amended or altered by Trustor or any other person.
6. Powers of Trustee
In addition to any powers given to it by law or otherwise, Co-Trustees are
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 Bank , 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.
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 (e.g. five)
_____________ -year period, as it may deem proper and without the 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 Bank 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.
L. To distribute in cash or in kind or partly in cash and partly in kind.
7. Compensation of Trustee
Co-Trustees shall be entitled to reasonable compensation from time to time for
Co-Trustees's ordinary services rendered under this Agreement, for any extraordinary
services performed by Co-Trustees, and for all services in connection with the
termination of the Trust, either in whole or in part.
8. Successor Trustee
If for any reason either Trustee shall cease to act as Trustee, a successor trustee
shall be appointed by the living adult brothers and sisters of Beneficiary. Any successor
trustee shall succeed as Trustee as though originally named Trustee under this trust
instrument. All authority, powers, and discretions conferred on the original Trustees
under this trust instrument shall pass to any successor Trustee. No successor Trustee shall
be responsible for the acts or omissions of any prior Trustee, nor shall any successor
Trustee be under a duty to audit or investigate the accounts or administration of any prior
Trustee. Unless requested in writing by a person having a present or future beneficial
interest in the Trust, no successor Trustee shall have any duty to take any action to obtain
redress for a breach of trust committed by any prior Trustee .
9. Invasion of Principal
In the event that the net income of this Trust is at any time insufficient to provide
for the care, comfort, maintenance, and support of Beneficiaries , Co-Trustees , in their
uncontrolled discretion, may pay or apply for those purposes such sums from the
principal of the Trust Estate as Co-Trustees may deem proper.
10. Allocation of Principal and Income
Except as otherwise specifically provided in this Agreement, Co-Trustees shall
have full power and authority to determine, in its absolute discretion, what shall
constitute principal of the Trust Estate , gross income from the Trust Estate , and net
income of the Trust Estate distributable under the terms of this Agreement.
11. Accounting
Co-Trustees at any time shall be entitled to render to the Beneficiary an account
of the acts of Co-Trustees and transactions with respect to the income and principal of the
Trust Estate from the date of the creation of the Trust or from the date of the last previous
account of Co-Trustees . The Beneficiary shall have full power and authority on behalf of
all persons now or later interested in the trust to finally settle and adjust such account.
Approval of the account by the Beneficiary shall constitute a full and complete discharge
and release of Co-Trustees from all further liability, responsibility, and accountability for
or with respect to the acts and transactions of Co-Trustees as set forth in the account, both
as to income and principal.
11. Governing Law
The validity, construction, and effect of this agreement and of the trust created under it
and its enforcement shall be determined by the laws of ___________________________
(name of state) .
Trustor and Co-Trustees have executed this Agreement as of the day and year
first above written.
______________________________ ______________________________
______________________________ ______________________________
Name & Signature of Trustor Name & Signature of Co-Trustee
_____________________________
_____________________________
Name & Signature of Co- Trustee
( Acknowledgments before Notary Public)