THE
ZZZ
LIVING TRUST
THIS DECLARATION OF TRUST is signed on this ______ day of
______________, 2006, in ccc, Virginia, by XXX and YYY, the
Settlors and the original Trustees. In this Trust, the term
“Trustee” includes Trustees and successor Trustees. Wherever the
context requires, the singular includes the plural, and the
masculine includes the feminine and neuter. The name of this trust
shall be THE ZZZ LIVING TRUST.
ARTICLE 1. SETTLORS’ POWERS:
A. During Lifetime : Subject to the provisions of paragraph
1 immediately following, and of Article 3 B 3, the Settlors,
acting jointly, reserve the right at any time or from time to
time, to amend or revoke this Trust in whole or in part, by
written instrument signed by them and delivered to the Trustee.
However, with regard to the separate share of either Settlor
(which respective share shall be described pursuant to the
provisions of the following article), the owner/Settlor of his/her
share may substitute or remove any trust property or alter, amend,
or revoke this Trust with regard to his/her share. The
owner/Settlor may exercise such powers over his/her share at any
time during his/her lifetime. Upon revocation of this instrument
in its entirety, the Trustee shall deliver to the Settlors (or to
such recipient as they may direct in the instrument of revocation)
their respective shares of the trust property.
1. After the death of one Settlor, the surviving
Settlor shall have no power to alter, amend or revoke this Trust
with respect to the decedent Settlor’s share but may continue to
exercise such powers over his/her (survivor’s) share.
B. If either Settlor becomes incapacitated (as determined
under the same standards provided in Article 8 herein pertaining
to the incapacity of a Trustee), the other Settlor may exercise
the above-stated powers to amend or revoke with regard to the
share of the incapacitated Settlor (including prior individually
owned property contained therein) pursuant to the authority
granted in a durable general power of attorney whether or not such
power specifically grants such authority.
C. By Will: The Settlors reserve the right to add property
to this Trust by Will.
ARTICLE 2. TRUST PROPERTY:
A. The Settlors have delivered to the Trustee all their
interest in the property described in the attached Schedules. The
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Settlors declare that regardless of how such property was acquired
or how titled (joint with survivorship, community, or otherwise),
including policies of insurance, and any additional property later
transferred to the Trustee, and all principal, receipts,
reinvestments, refunds and replacements, such property shall for
all purposes of this Trust be divided and applied as follows:
1. Assets belonging individually to either Settlor
prior to transfer to this Trust shall be listed on separate
schedules attached hereto known as “Husband’s Trust” and “Wife’s
Trust.” Whether or not so indicated, such assets shall be applied
to the share of the prior owner.
2. All property jointly held by the Settlors prior to
transfer to this trust, and all community property, shall be held
by the Trustee as two separate trusts (sometimes referred to as
shares), one for each Settlor, whether or not physically
segregated into separate accounts after transfer to this Trust.
Such property may be listed on a separate Schedule attached hereto
for informational purposes. The Settlors anticipate that most
property, if not all, transferred to this Trust will be property
which was held jointly prior to the creation of this Trust.
The Trustee may also be named as beneficiary of any employee
benefit plans and retirement plans, and may elect the mode of
payment which appears to be the most advantageous to the trust and
the beneficiaries, if not previously elected.
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The Trustee acknowledges receipt of such property and agrees
to hold in trust, manage and distribute the property and property
later added to the Trust by the Settlors, or any other person, as
provided in this Trust.
B. This Trust shall be construed as two separate and
distinct revocable living Trusts. The Settlors have chosen to
maintain their separate Trusts together in this one Trust document
for reasons personal to themselves, not the least of which is that
they are husband and wife, and the idea of severing their
properties into two separate trust documents is abhorrent. In
every particular, however, the two Trusts shall be viewed as
having separate and distinct existence, in the manner of tenancy
in common, and shall be construed in light of this overriding
pronouncement of each Settlor’s intent, so as to result in that
construction which will not cause the APPLICABLE EXCLUSION Trust
(also called herein the “by-pass Trust”) to be included in the
taxable estate of the surviving Settlor, while at the same time
allowing the full marital deduction with respect to any portion of
the Trust of the first to die passing to the SURVIVOR’S Trust and
continuing to be held in that Trust.
C. Throughout this Agreement, various trusts are created to
fulfill the intentions of the Settlors. Those trusts are referred
to as follows:
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1. Even though the Trustee may not cause a physical
separation of assets, the Husband’s Trust and the Wife’s Trust are
created upon the funding of this joint revocable living trust and
continue so long as both Settlors are living, if not sooner
revoked.
2. Upon the death of one of the Settlors, his or her
trust becomes the Decedent’s Trust and the other trust becomes the
Survivor’s Trust. The surviving Settlor has no power to revoke,
alter or amend the Decedent’s Trust.
3. The By-Pass Trust (also known as the APPLICABLE
EXCLUSION Trust) will be funded out of the Decedent’s Trust. The
surviving Settlor has no power to revoke, alter or amend the By-
Pass Trust. The Decedent’s Trust may also contribute additional
funding to the Survivor’s Trust.
ARTICLE 3. DISPOSITIVE PROVISIONS:
A. During Settlors’ Lifetimes : During Settlors’ lifetimes,
the Trustee shall pay to or for the benefit of each Settlor so
much of the net income and principal of such Settlor’s share as
each Settlor may from time to time request of the Trustee or as
may be necessary, in the discretion of the Trustee, for the
Settlors’ health, education, support, maintenance, comfort and
welfare.
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B. Upon Death of the First Settlor : Upon the death of the
first Settlor, the Trustee shall from the decedent Settlor's
share:
1. Pay his or her legally enforceable debts, expenses of
last illness, and burial expense including the expense of a
suitable marker, to the extent that these items shall not be paid
or the responsibility for their payment be assured by some other
person or estate. However, the Trustee, in its discretion, shall
not be required to pay and discharge, both as to principal and
interest, any valid lien, mortgage, or charge against any real
property, including buildings and improvements, but may elect to
treat such as a continuing debt.
(a) Information pertaining to the income and expenses,
if any, attributable to the decedent Settlor’s share from the date
of death until the funding of the Survivor’s Trust and the By-Pass
Trust as required hereafter shall be provided to the personal
representative of the decedent Settlor’s estate for reporting on
appropriate fiduciary income tax returns as may be required under
tax laws then applicable. Net income from the decedent Settlor’s
share until the funding of the separate trusts shall be allocated
by the Trustee to each separate trust in proportion to the
respective shares of such trusts.
2. Transfer into the surviving Settlor’s share, also known
as the “Survivor’s Trust,” any portion of the decedent Settlor’s
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share necessary to increase the surviving spouse’s estate under
federal law to an amount which is equal to the total remaining
unused applicable exclusion amount (as set forth in Section 2010
of the Internal Revenue Code, as may be amended from time to time)
exemption equivalent available to the surviving Settlor in the
year of the decedent Settlor’s death. This Survivor’s Trust shall
continue to be held and administered according to the terms of the
surviving Settlor’s original share, as set forth in Article 1 A
and B, and Article 3 A, and all such other applicable provisions
as set forth in the Trust declaration.
3. From the remaining balance of the decedent Settlor’s
share, if any, transfer into a APPLICABLE EXCLUSION Trust, also
known as the “By-Pass Trust,” any portion necessary to make the
By-Pass Trust equal to the largest amount, if any, that can pass
free of federal estate tax under this provision by reason of the
decedent Settlor’s available applicable exclusion amount, as set
forth in Section 2010 of the Internal Revenue Code, as may be
amended from time to time (after taking into account all required
charges against it), and the state death tax credit, as set forth
in Section 2011 of the Internal Revenue Code, as may be amended
from time to time (but only to the extent that use of this credit
does not result in an increase in the aggregate federal estate tax
and state death taxes payable) but no other credit. This By-Pass
Trust shall thereafter be irrevocable regardless of any other
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provision in this Trust to the contrary, and not later subject to
the control of the surviving spouse except pursuant to certain
powers granted in this By - Pass Trust to invade principal.
4. Transfer into the share of the surviving Settlor (the
Survivor’s Trust) any additional balance of the decedent Settlor’s
share not used to fund the By-Pass Trust as already provided;
however, reserving to the surviving spouse the full and complete
power to disclaim such property, in whole or in part, according to
the provisions of I.R.C. Sec. 2518(b), as may be amended. The
disclaimer shall be effective if (a) in writing indicating the
property accepted and disclaimed and (b) received by the Trustee
within nine (9) months of the date of the transfer of such
property and (c) the surviving spouse has not accepted or
benefitted from any property disclaimed prior to making the
disclaimer. To the extent disclaimed, that portion shall become a
part of the By-Pass Trust.
5. Pay to or for the benefit of the surviving spouse from
the By-Pass Trust:
(a) All of the net income, but not less frequently than
annually. At the death of the surviving spouse, the Trustee shall
pay any accrued or undistributed income to the legal
representative of the spouse’s estate.
(b) Such additional amounts of the trust principal, up
to the entire amount, as the Trustee in its sole discretion may
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consider necessary for the reasonable care, support, maintenance
and education (considering any other sources of income to that
beneficiary) of the surviving spouse.
(c) An amount each calendar year as directed by the
surviving spouse in writing and delivered to the Trustee not less
than thirty (30) days prior to the end of any calendar year, not
in excess of the greater of five thousand dollars ($5,000.00) or
five percent (5%) of the market value of the principal on the last
day of the calendar year in which the withdrawal is directed, such
right to be noncumulative.
(d) Any amount, up to the whole, which the Trustee,
provided that the Trustee is an independent trustee , i.e., someone
other than the surviving spouse of the decedent Settlor, may
consider reasonable in its sole discretion for any purpose.
6. In exercising its discretion in the management of and
distributions from the Survivor’s Trust and the By - Pass Trust, the
Trustee is to consider the needs of the surviving spouse for
support as the primary purpose of the Trusts.
7. Any distribution which may be required to be made to the
surviving Settlor under this Trust Agreement may, in the
discretion of the Trustee, be made instead to the Survivor’s Trust
(or the Revocable Living Trust of the surviving Settlor), if such
trust be in existence at the time of the distribution.
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C. Upon the Death of Surviving Settlor : Upon the death of
the surviving Settlor or the simultaneous death of the Settlors:
1. The Trustee shall pay from such Settlor’s share (the
Survivor’s Trust) his or her legally enforceable debts, expenses
of last illness, and burial expense to the extent that these items
are not paid or the responsibility for their payment assured by
some person or estate.
(a) The tangible personal property shall be
distributed among the beneficiaries of the Settlors as they may
agree among themselves. The Settlors request that the Trustee and
the Settlors’ beneficiaries abide by any written memorandum
pertaining to the disposition of personal items which may be found
among the papers of the Settlors. In case of dispute, final
distribution shall be determined by the Trustee whose decision
shall be binding. Distributions of tangible personal property do
not need to be in equal shares.
2. The Trustee shall, subject to the conditions listed
below, distribute the balance of the Survivor’s Trust and the By-
Pass Trust to the following beneficiary or beneficiaries, in the
percentage(s) listed:
Beneficiary Percentage of Trust Principal
1. AAA 80%
2. BBB 10%
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3. Daniel P. Fain 10%
If any beneficiary is deceased at the time of distribution,
then his or her share shall be distributed to the remaining
beneficiaries.
The net income and principal of any minor beneficiary’s share
shall be held, managed and distributed by the Trustee for the
reasonable care, support, maintenance and education of the minor
as the Trustee in its sole discretion may deem proper, without
regard to the duty of any person to support the minor and without
regard to any other funds which may be available for that purpose,
any unapplied income to be accumulated. The remaining principal of
the minor beneficiary’s share and all accumulated income shall be
distributed as specified above.
(a) The term “issue” or “lineal descendants” as used in
this Trust shall mean lawful descendants by blood or by adoption.
The term “minor” shall mean any person who has not reached the age
of twenty-one (21) years. The term “simultaneous,” as used in
Paragraph C of this Article 3, shall apply whenever one Settlor
dies within 30 days of the other Settlor. If the Settlors fail to
survive each other by 30 days, their respective shares shall be
distributed as if each Settlor died without the other Settlor
surviving.
(b) The interest of each beneficiary and all payments
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of income or principal to be made to or for any beneficiary shall
be free from the interference or control of any creditor or spouse
of the beneficiary and shall not be capable of anticipation or
assignment by the beneficiary.
(c) Regardless of anything in this Trust to the
contrary, the trusts created shall terminate not later than
twenty-one (21) years after the death of the last to survive of
the Settlors and all beneficiaries living at the effective date of
the trust created hereunder. Upon that date, unless previously
terminated, the Trustee shall distribute the principal and all
accumulated income of each share to the beneficiary for whom it
was held, or in the case of a minor, to the minor’s parent or
guardian under the Uniform Transfer to Minors Act (21).
ARTICLE 4. TRUSTEE’S POWERS:
A. The Trustee shall have the following powers, which are
in addition to all common law and statutory powers, and in
addition to all other powers granted to the Trustee by this Trust,
which shall continue after the termination of any of the trusts
created by this Trust for the purpose of the distribution of all
or any portion of the trust property, and which may be exercised
at any time by the Trustee without approval from any court: All
those powers set forth in Virginia Code Section 64.1-57, as
amended from time to time.
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B. The Trustee is directed to comply with any buy-sell or
stock redemption agreement to which either Settlor may have been a
party during his/her lifetime if it appears from the express
language thereof that the Settlor intended thereby to bind his/her
estate. The term “estate” shall be taken in such agreement to
include this trust.
C. The Trustee is further authorized to receive and retain
any asset which does not meet the requirements of the prudent man
and prudent investor standard set forth in Section 26-45.1 of the
Code of Virginia for so long as the Trustee may deem appropriate.
D. At any time that either of the Settlors or any successor
Trustee is acting as a Trustee, the sole signature of a Settlor or
of a successor Trustee as a Trustee shall be sufficient to execute
general or special warranty deeds for the transfer of real
property; proxies or powers of attorney to vote any securities or
to represent the Trustee as the holder or owner of any securities
or other assets; to execute stock powers or other endorsements or
securities or any other negotiable instruments registered, issued
or drawn in the name or to the order of the Trustee for the
purpose of effecting assignment, transfer or delivery; and to sign
checks or orders to pay on deposits, accounts or credit balances
of the Trustee with any bank, banker, broker or trust company.
E. The Trustee may purchase or exchange any assets from
each Settlor’s trust or estate at fair market value in such
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quantities as the Trustee deems advisable, and may loan all or a
portion of the trust property to each Settlor’s testamentary
estate, upon such terms and in such amount as the Trustee deems
advisable, with or without taking security.
F. The Trustee may allow the surviving spouse to occupy and
use until his or her death, any house (or interest therein) used
by either or both Settlors as a residence or vacation home during
their lives. The surviving spouse shall not be required to pay
rent for such use and may, upon his or her direction, have the
Trustee sell such house and reinvest the proceeds.
G. The powers and discretion granted to the Trustee are
exercisable only in a fiduciary capacity and may not be used to
enlarge or shift any beneficial interest except as an incidental
consequence of the discharge of fiduciary duties. No individual
serving as Trustee shall have a voice in any discretionary
decision to distribute income or principal of any trust in order
to discharge a legal obligation of the individual or for the
individual’s pecuniary benefit unless necessary for the
individual’s support, health, or education.
H. No person or corporation dealing with the Trustee shall
be required to investigate the Trustee’s authority for entering
into any transaction or to see to the application of the proceeds
of any transaction.
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ARTICLE 5. S CORPORATIONS: If at the time of any Settlor’s
death, that Settlor’s share of this Trust is composed of any stock
in a corporation that has continued its election to be taxed under
Sections 1361 through 1379 of the Internal Revenue Code of 1986,
as amended, then the Trustee may, in the Trustee’s sole
discretion, within two (2) years of the date of Settlor’s death,
affirmatively refuse to consent to the continuation of such
election, and the determination of the Trustee shall be binding
upon all persons having any interest under this Trust. The Trustee
is authorized, in the Trustee’s sole discretion, to cause any
corporation whose shares are being held as an asset of the Trust
to be taxed pursuant to the provisions of Sections 1361 through
1379 of the Internal Revenue Code of 1986, as may be amended.
ARTICLE 6. PAYMENTS TO PERSONS UNDER DISABILITY AND CHARITY:
Whenever the trust property or any income of the trust property
shall become payable, or is required to be paid pursuant to the
provisions of Article 3 to a minor or to a person not adjudicated
incompetent but who by reason of illness or mental or physical
disability or incapacity is under such disability, the Trustee
upon receipt of a written certificate to that effect from the
beneficiary’s physician, or if the beneficiary has no physician or
the physician is unavailable, from a licensed medical doctor of
the Trustee’s own choosing, may then make payment in the Trustee’s
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sole discretion: (a) directly to the beneficiary; (b) to the
legally appointed guardian or conservator or other legal
representative of the beneficiary; (c) to some near relative of
the beneficiary to be applied for the beneficiary; (d) by
expenditure by the Trustee for the support, maintenance, education
or medical care of the beneficiary; or (e) to a custodian under
the Uniform Transfer to Minors Act (21). The payment or
expenditure shall be a full release of the Trustee in each
instance.
In the event of incapacity or disability of either Settlor,
the Trustees may in their discretion continue any plan of
charitable giving initiated by that Settlor.
ARTICLE 7. DISTRIBUTION AND ALLOCATION OF TRUST PROPERTY:
A. When distribution of trust property is made pursuant to
any provision of this Trust, the Trustee is authorized and
empowered in his sole discretion to make distribution in kind or
in cash, or partly in both. The determination of the Trustee as to
the value of any property for the purpose of any distribution
shall be binding and conclusive upon all persons who are then or
may later become entitled to share in the trust property.
B. The Trustee may purchase or exchange any assets from
each Settlor’s trust or estate at fair market value in such
quantities as the Trustee deems advisable, and may loan all or a
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portion of the trust property to each Settlor’s testamentary
estate, upon such terms and in such amount as the Trustee deems
advisable, with or without taking security.
C. Assets allocated to one trust or share may be of
different character or have different income tax bases than assets
allocated to another trust or share.
ARTICLE 8. TRUSTEES:
A. Any Trustee may resign at any time by giving at least
thirty (30) days written notice of its intention to do so,
delivered personally or by registered mail to the remaining
Trustee, or if none, to at least one beneficiary. The disability
or incapacity of a Trustee may be established by receipt of a
written certificate to that effect from the Trustee’s physician,
or if none, or if unavailable, from a licensed medical doctor of
the co- or succeeding Trustee’s own choosing.
B. In the case of death, resignation, disability or
incapacity of either original Trustee, the surviving Settlor may
in his/her discretion serve as sole Trustee. In the case of death,
resignation, disability or incapacity of both original Trustees,
AAA shall be the Trustee. If AAA is unable to serve as Trustee,
for any reason, then BBB shall serve as Trustee. A Trustee may
request that the next successor Trustee serve as co-Trustee. If a
successor Trustee has not been nominated under this Agreement, the
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Trustee may in its discretion appoint a co-Trustee. Any co-Trustee
may delegate its powers in writing to the other Trustee for a
period not to exceed six (6) months, may revoke that designation,
and may successively renew it.
C. The last successor Trustee may appoint a successor
Trustee. Any successor Trustee shall be deemed to be in office and
entitled to act upon delivery of its written acceptance of this
Trust to an acting Trustee, or if none, to at least one
beneficiary. Any successor Trustee shall have all the powers,
immunities and discretions given to the original Trustee.
D. No Trustee shall be required to give bond for the
performance of its duties, or if required by law, no surety shall
be required on such bond. No Trustee shall be liable for anything
done or omitted to be done in good faith, nor for any acts of any
co - Trustee, nor for the acts or omissions of any agent appointed
with due care, nor for anything other than its own willful default
or gross negligence.
E. The original Trustee(s) hereunder shall not be entitled
to any compensation for its/their services, but any successor
Trustee shall be entitled to reasonable compensation for its
services and to reimbursement for expenses.
ARTICLE 9. TAXES: On the death of a Settlor, the Trustee
shall pay out of that Settlor’s share upon the request of the
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legal representative of that Settlor’s probate estate, if any,
such sums as the representative shall state to be necessary for
payment of federal estate taxes and state death taxes resulting
from that Settlor’s death, whether or not attributable to property
subject to probate administration or any other expenses incurred
in the settlement of that Settlor’s estate. Such taxes shall not
be charged against the share of any beneficiary. If at the time of
any Settlor’s death, the Trustee holds as part of that Settlor’s
share of the Trust property United States Treasury Bonds
redeemable at par for the payment of federal estate taxes, then,
regardless of anything in this Trust to the contrary, the Trustee
shall apply such bonds unto the whole thereof to the payment of
federal estate taxes due by reason of the Settlor’s death. Any
taxes on future or contingent interests may in the Trustee’s
discretion be settled or compromised and paid at any time or times
before those taxes become due. In the event that no representative
of the Settlor’s probate estate is appointed, then the Trustee
shall in its sole discretion determine the sums payable for these
purposes.
ARTICLE 10. INSURANCE: Either Settlor may deposit with the
Trustee any policies of insurance owned by that Settlor, but at
any time before such Settlor’s death the Settlor depositing the
insurance shall have the right to withdraw any or all of such
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policies from the possession of the Trustee for any purpose.
During the life of the insured Settlor, the Trustee shall be under
no obligation to pay premiums on any policies deposited with it.
After the insured Settlor’s death, the Trustee shall make a
reasonable effort to collect the proceeds of any policies of
insurance. The Trustee may obtain reimbursement out of the trust
property for any advances made or expenses incurred in attempting
to collect insurance proceeds. No insurance company shall be
responsible for the execution of any provisions of this Trust.
ARTICLE 11. PLACE OF EXECUTION AND SELECTIONS OF “SITUS”: The
Trust is executed within and shall be initially governed by the
laws of the Commonwealth of Virginia as of the date of the
execution of this Trust, and all rights of the persons who now or
later may become entitled to share in the principal or income of
the trust property shall be determined in accordance with those
laws until selection of other “situs” has been made. The Trustee
shall select that “situs” as in its sole opinion best carries out
the Settlors’ purposes, and may change “situs” whenever it seems
best to the Trustee, regardless of anything in this Trust to the
contrary.
ARTICLE 12. TRUSTEE AMENDMENT OF ADMINISTRATIVE PROVISIONS:
The Trustee may, upon giving notice to each beneficiary, amend,
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either in whole or in part, any administrative provision of this
Trust which causes unanticipated tax liability, or conform the
administrative provisions of the Trust to the requirements of the
taxing authorities. The Trustee is, therefore, expressly
authorized to enter into any agreements with the Internal Revenue
Service or any other governmental body and to execute any
documents as will in the discretion of the Trustee, tend to
minimize the taxes resulting from this Trust.
ARTICLE 13. CONSTRUCTION: The paragraph headings used are for
convenience only and shall not be resorted to for interpretation
of this Trust. If any portion of this Trust is held to be void or
unenforceable, the remainder shall still be considered valid.
ARTICLE 14. CERTIFIED COPIES : To the same effect as if it
were the original, anyone may rely upon a copy certified by a
notary public to be true copy of this Declaration of Trust (and
attachments, if any). Anyone may rely fully upon any statements of
fact certified by one who appears from the original Declaration or
an executed counterpart or a certified copy to be the Trustee.
ARTICLE 15. PURPOSE : The purpose of this Trust, among others,
is to provide for the management of each Settlor’s assets, both
presently and during any future period of disability, a preferred
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alternative to guardianship proceedings, and a simplified means of
accomplishing both lifetime and death transfers of those assets.
ARTICLE 16. ESSENTIAL INFORMATION:
Place of Execution and Names:
(1) City and State: ccc, Virginia
(2) Settlors: ZZZ
(3) Original Trustees: ZZZ
(4) First Successor Trustee(s): AAA
(5) Second Successor Trustee(s): BBB
WITNESS our signatures and seals:
_____________________________
Witness XXX
Settlor and Trustee
________________________________ _____________________________
Witness YYY
Settlor and Trustee
STATE OF VIRGINIA )
)ss
CITY/COUNTY OF ___________________ )
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The above-named Settlors and Trustess, XXX and YYY, appeared
before me and duly acknowledged that they executed the preceding
instrument as their free act and deed, this _______ of
______________, 2006.
____________________________
Notary Public
My commission expires:
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SCHEDULE A
LIST OF ENTRUSTED ASSETS (JOINT MARITAL PROPERTY)
A. $10.00 cash.
B. All furniture, furnishings, fixtures, and person items now
and hereafter located in all real property referred to in this
Article as attachments, or in any other location, it being the
intention of the Settlors to transfer all, or substantially all of
their assets, present and future, to this Living Trust in order to
have little or no probate estate. Either or both Settlors may,
however, leave a written memorandum with their other important
papers devising specific items of personalty to certain
beneficiaries. Any such memoranda shall be given effect .
C. All life insurance policies on Settlors’ lives,
identifying copies of which are attached.
D. All real property referred to in the attached copies of
deeds.
E. All stocks, bonds, and other securities, identifying
copies of which are attached.
F. Contents of safety deposit boxes.
Bank: Box Number:
Address:
Bank: Box Number:
Address:
G. Accounts as listed herein, or identifying copies of which
are attached:
Checking:
Savings:
Brokerage:
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H. Other items in trust:
Date added Date Deleted
ITEMS /Initials /Initials
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15. SEE ATTACHED SCHEDULE(S) B, ETC.
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SCHEDULE B
HUSBAND’S TRUST (HUSBAND’S SEPARATE PROPERTY)
ITEMS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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SCHEDULE C
WIFE’S TRUST (WIFE’S SEPARATE PROPERTY)
ITEMS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
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DISPOSITION OF PERSONAL EFFECTS
Letter of Instructions
Pursuant to Article I A of the ZZZ LIVING TRUST, We, the
undersigned XXX and YYY, hereby direct our Trustee(s) to
distribute the below-listed personal effects and personal property
to the below-named persons:
Item Beneficiary Relationship
_________________________________________________________________
_
_________________________________________________________________
_
_________________________________________________________________
_
_________________________________________________________________
_
_________________________________________________________________
_
_________________________________________________________________
_
_________________________________________________________________
_
____________________________
XXX
____________________________
YYY
STATE OF VIRGINIA )
) ss
CITY/COUNTY OF ___________________ )
The foregoing instrument was acknowledged before me this ____
day of ______________, 2004, by XXX and YYY.
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___________________________
Notary Public
My Commission Expires:_____________
29
