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Information about “DO-IT-YOURSELF LEGAL FORMS”
If you need a help creating a standard will, revocable living trust, or
durable power of attorney, here is a quick, easy, and inexpensive
alternative to a lawyer. Included are examples of common legal
documents you can personalize for your own use. All of the
SoftForm files on this diskette are ASCII files. They may be edited
with a text editor or read into a wordprocessor.
Forms include:
~ Copyright notice and registration form
~ Estate Summary Sheet; Family and Financial
~ Generic Last Will and Testament form
~ Living Will form
~ Simple checklist of administrator's duties
~ Durable Power of Attorney form
~ Revocable Living Trust forms
~ Revocation of a Revocable Living Trust
~ Irrevocable Trust Agreement.
These forms were prepared according to current law and precedence.
Nonetheless, laws vary with each state and change over time. These
forms are to help you prepare your own legal documents, not a substitute
for a lawyer.
(C)1989.TXT
LICENSE AGREEMENT
This SOFTFORMS Product is NOT "Public Domain" and it is NOT "Freeware".
SoftForms is a copyrighted software product developed and owned by New
Ventures Enterprises, headquartered in San Diego, California, U.S.A.
New Ventures Enterprises grants you without charge the right to reproduce,
distribute, and use copies of this version of our SoftForms shareware
software product, subject to the limitations specified below, and on the
express condition that you do not receive any payment, commercial benefit,
or other consideration for such reproduction or distribution, or change this
license agreement or the following copyright notice:
(C) Copyright 1989, New Ventures Enterprises.
All rights reserved worldwide.
LIMITATIONS:
You may make and keep one (1) back-up copy of this SoftForms software package
for your personal use, provided that you copy the entire package including
copyright, trademark, and other information regarding the SoftForms Shareware
Software package.
You may distribute copies to other persons, but solely for their evaluation
to decide if they wish to use this product and therefore register it or to
not use the product. Evaluation Period is a maximum of thirty (30) days.
Distribution diskettes created for the purpose of evaluation must contain the
entire contents of the original diskette. The original diskette contains the
following files:
(C)1989 .TXT -- Copyright notice and registration form.
ESTATE .TXT -- Estate Summary Sheet; Family and Financial.
LASTWILL.TXT -- Generic Last Will and Testament form.
LVNGWILL.TXT -- Living Will form.
NOTES. TXT -- Simple checklist of administrator's duties.
PWRATTNY.TXT -- Durable Power of Attorney form.
README .TXT -- Instructions for SoftForms use.
REGISTER.TXT -- Registration form.
TRUST1 .TXT -- Revocable Living Trust form #1.
TRUST2 .TXT -- Revocable Living Trust form #2.
TRUST3 .TXT -- Revocable Living Trust form #3.
TRUST4 .TXT -- Revocable Living Trust form #4.
TRUST5 .TXT -- Revocation of a Revocable Living Trust.
TRUST6 .TXT -- Irrevocable Trust Agreement.
WHYTRUST.TXT -- Trust documentation and instructions.
If your copy of SoftForms software does not have all of the files listed, you
DO NOT have a complete package. You may obtain a complete package by
completing the registration form and sending it to New Ventures Enterprises
along with a $20 registration fee.
SoftForms must NOT be sold or otherwise provided as part of a larger system,
or as a part of a more inclusive product or service, without express written
consent and licensing from New Ventures Enterprises.
The rights to receive any such financial or other benefit, and to modify the
product or employ its components in any kind of derivative work, are reserved
exclusively by New Ventures Enterprises. Positive financial support from
users enables us to develop additional features and future versions of
SoftForms products.
Registered users benefit from technical support and notice of new products.
If you have trouble installing this software package or getting it to print
correctly on your printer, contact us at:
New Ventures Enterprises
3116 Thorn Street
San Diego, California 92104
(619) 282-4404
Also, please feel free to contribute your ideas regarding desired additional
product features and functionality.
THIS PRODUCT IS LICENSED "AS IS" WITHOUT ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, OR OTHERWISE; ALL WARRANTIES
ARE EXPRESSLY DISCLAIMED. FORMS AND EXPLANATIONS OF USE OF FORMS IN THIS
PRODUCT ARE NOT TO BE CONSTRUED AS LEGAL ADVICE. BY USING THE SOFTFORMS
PRODUCT, YOU AGREE THAT NEITHER NEW VENTURES ENTERPRISES NOR ANY OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, OWNERS, OR OTHER RELATED
PARTIES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE OF (OR INABILITY
TO USE) OR PERFORMANCE OF THIS PRODUCT, OR FOR ANY DAMAGES WHATSOEVER WHETHER
BASED ON CONTRACT, TORT OR OTHERWISE. EVEN IF WE ARE NOTIFIED OF SUCH
POSSIBILITY IN ADVANCE. (SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT
APPLY TO YOU.)
ESTATE.TXT
ESTATE SUMMARY SHEET
FAMILY INFORMATION:
Primary's Name: ______________________________ Birthdate: _______________
Spouse's Name: _______________________________ Birthdate: _______________
Address: _____________________________________ Home Phone: _______________
_____________________________________ Work Phone: _______________
Place of Marriage: _________________________________ Date: _______________
Occupation (primary): ____________________ (spouse): _____________________
SSN (primary): ____________________ (spouse): _____________________
Children:
Full Name Birthdate Current Residence
________________________ ________________________ ________________________
________________________ ________________________ ________________________
________________________ ________________________ ________________________
Grandchildren:
Full Name Birthdate Current Residence
________________________ ________________________ ________________________
________________________ ________________________ ________________________
________________________ ________________________ ________________________
Documents Existing:
Living Will: _____ Trust Agreement: _____
Power of Attorney: _____ Last Will & Testament _____
Previous Marriages:
Name of primary's previous spouse: _______________________________________
Date of death: ______________________ Divorce date: ______________________
Name of spouse's previous spouse: _______________________________________
Date of death: ______________________ Divorce date: ______________________
Present Advisors:
Accountant Attorney Insurance Stock Broker Other
______________ ______________ ______________ ______________ ______________
FINANCIAL INFORMATION
ASSETS:
Address/Description How Title Held Market Value
Real Property ________________________ __________________ $______________
________________________ __________________ $______________
Secured Notes ________________________ __________________ $______________
________________________ __________________ $______________
Limited
Partnerships ________________________ __________________ $______________
Securities ________________________ __________________ $______________
________________________ __________________ $______________
Cash Accounts ________________________ __________________ $______________
________________________ __________________ $______________
Business Name:___________________________________________
Partnership ___ Corporation ___ Sole Proprietorship ___ $______________
Retirement Plan:
Primary's beneficiary: ________________________________ $______________
Spouse's beneficiary: ________________________________ $______________
Life Insurance (whole ___ term ___):
Company Owner Beneficiary Death Benefit
___________________ ___________________ ___________________ $____________
___________________ ___________________ ___________________ $____________
Other Personal Property (jewelry, vehicles, boats, etc.): $____________
Other Assets: (attach separate schedule) $____________
GROSS ESTATE (TOTAL VALUES) .......... $____________
Liabilities:
Description Whose Liability Amount
(Notes, Mortgages, Judgements) (Husband/Wife/Both)
______________________________________ ____________________ $____________
______________________________________ ____________________ $____________
TOTAL DEBTS .......... $____________
NET TAXABLE ESTATE .......... $____________
ANTICIPATED INHERITANCES OR GIFTS:
Primary (from whom): ______________________________________ $____________
Spouse (from whom): ______________________________________ $____________
FILE1949.TXT
Disk No: 1949
Disk Title: Do-It-Yourself Legal Forms
PC-SIG Version: S1
Program Title: Do-It-Yourself Legal Forms
Author Version: 11/03
Author Registration: $20.00
Special Requirements: None.
If you need a little help creating a standard legal document, here is an
alternative to a lawyer. Included are examples of common legal
documents that you can personalize for your own use. All of the
SoftForm files on this diskette are DOS TEXT files. They may be edited
with a text editor or read into a word processor.
Forms include:
~ Copyright notice and registration form.
~ Estate Summary Sheet; Family and Financial.
~ Generic Last Will and Testament form.
~ Living Will form.
~ Simple checklist of administrator's duties.
~ Durable Power of Attorney form.
~ Revocable Living Trust forms.
~ Revocation of a Revocable Living Trust.
~ Irrevocable Trust Agreement.
These forms were prepared according to current law and precedence.
Nonetheless, laws vary with each state and change over time. These
forms are to help you prepare your own legal documents, not a substitute
for a lawyer.
PC-SIG
1030D East Duane Avenue
Sunnyvale Ca. 94086
(408) 730-9291
(c) Copyright 1989 PC-SIG, Inc.
GO.TXT
╔═════════════════════════════════════════════════════════════════════════╗
║ <<<< Disk #1949 DO-IT-YOURSELF LEGAL FORMS >>>> ║
╠═════════════════════════════════════════════════════════════════════════╣
║ To print documentation, type: COPY README.TXT PRN (press enter) ║
╚═════════════════════════════════════════════════════════════════════════╝
LASTWILL.TXT
LAST WILL AND TESTAMENT
KNOW ALL MEN BY THESE PRESENTS that I, (Name) of (address), city of (city),
county of (county), and state of (state), being of sound and disposing mind
and memory, do make, publish, and declare the following to be my Last Will
and Testament, hereby revoking all Wills made by me at any time heretofore.
FIRST: I direct my Executor, hereinafter named, to pay all my funeral
expenses, administration expenses of my estate, including inheritance and
succession taxes, state or federal, which may be occasioned by the passage
of or succession to any interest in my estate under the terms of this
instrument, and all my just debts, excepting mortgage notes secured by
mortgages upon real estate.
SECOND: All the rest, residue, and remainder of my estate, both real and
personal, of whatsoever kind or character, and wheresoever situated, I
give, devise, and bequeath to (my beloved wife/husband); (name), to be
(his/hers) absolutely and forever.
THIRD: If (my beloved wife/husband) does not survive me, all the rest,
residue, and remainder of my estate, both real and personal, of whatsoever
kind or character, and wheresoever situated, I give, devise, and bequeath
to (my beloved daughter/son); (name), to be (his/hers) absolutely and
forever.
FOURTH: I hereby appoint (my beloved wife/husband), (name), as executor of
this, my Last Will and Testament.
FIFTH: If (my beloved wife/husband) does not survive me, I hereby appoint
(my beloved daughter/son), (name), as executor of my estate. I direct that
no executor serving hereunder shall be required to post bond.
SIXTH: Upon my death, I demand that my body be cremated and that the
remaining ashes be given to (my beloved wife/husband), (name). If, upon my
death, (my beloved wife/husband) does not survive me, (my beloved
daughter/son), (name), shall decide the disposition of the ashes of my
body.
SEVENTH: In the event that I become mentally or physically incapacitated
due to accident, terminal illness, or any unforseen circumstances, I claim
and demand the right to die a natural, dignified death. Let be known in no
uncertain terms that I refuse to be kept alive by artificial means.
IN WITNESS WHEREOF, I have hereunto set my hand and seal at (city),
(state), this (day) day of (month), 19(year).
___________________________________
(Name)
___________________________________ ___________________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires:
____________________ ______________________________
Date Notary Public
LVNGWILL.TXT
A LIVING WILL
A directive to withhold treatment and for
the administration of pain-killing drugs
To my family, my relatives, my physicians, my employers, and all others whom
it may concern:
I, (name), of (address), City of (city), County of (county), State of
(state), being of sound mind, willfully, and voluntarily make known my desire
that my life shall not be prolonged artificially under the circumstances set
forth below, do hereby declare:
1. If, at any time, I should have an incurable injury, disease, illness, or
condition certified to be terminal by two medical doctors who have examined
me, and where the application of life-sustaining procedures of any kind would
serve only to prolong artificially the moment of my death, and where a
medical doctor determines that my death is imminent, whether or not life-
sustaining procedures are utilized, I direct that such procedures be withheld
or withdrawn and that I be permitted to die naturally, and that I receive
whatever quantity of whatever drugs may be required to keep me free of pain
or distress even if the moment of death is hastened.
2. In the absence of my ability to give directions regarding the use of life-
sustaining procedures, I hereby appoint (name) of (address), City of (city),
County of (county), State of (state), as my attorney-in-fact/proxy for the
purpose of making decisions relating to my health care in my place; and it
is my intention that this appointment shall be honored by him/her, by my
family, relatives, friends, physicians, and lawyer as the final expression
of my legal right to refuse medical or surgical treatment; and I willfully
accept the consequences of such a decision. I have duly executed a Durable
Power of Attorney for health care on this date.
**************************************************************************
Under California law, for such an appointment to be as fully effective as
the law will permit, it must be in the form included under the title "DURABLE
POWER OF ATTORNEY FOR HEALTH CARE CONDITIONS." Persons living in other
states and executing this "Living Will" also might wish to execute that same
Durable Power of Attorney form, since it might be honored by the courts of
any particular state.
**************************************************************************
3. In the absence of my ability to give further directions regarding my
treatment, including life-sustaining procedures, it is my willful intention
that this directive shall be honored by my family and physicians as the final
expression of my legal right to refuse or accept medical or surgical
treatment, and I fully and willfully accept the consequences of such refusal.
4. If I have been diagnosed as pregnant and that diagnosis is known to any
interested person, this directive shall have no force during the course of
my pregnancy.
**************************************************************************
Males should strike out this paragraph entirely.
**************************************************************************
5. I have been diagnosed, and notified at least 14 days ago, as being in a
terminal condition by (physician's name), M.D., of (address), City of (city),
State of (state). It is my intention that if I have not filled in the
physician's name and address, it shall be presumed that I did not have a
terminal condition when I completed this directive.
**************************************************************************
If you are not a resident of California, strike out this paragraph entirely.
**************************************************************************
6. I fully and completely understand the full importance of this directive
and am emotionally and mentally competent to make this directive. No
participant in the making of this directive or on its being carried into
effect, whether it be a medical doctor, my spouse, a relative, friend, or any
other person shall be held responsible in any way, legally, professionally
or socially, for complying with my directions.
In Witness Whereof, I have executed this directive on the date entered below.
_________________________
(Name)
_________________________ _________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
NOTES.TXT
A checklist of some basic work to be accomplished
by an Executor, Administrator, or Successor Trustee
BURIAL ARRANGEMENTS:
A major factor to be considered is that in this type of a
situation, great stress and intimidation play a large role; stress
by the gravity of the situation and intimidation possibly by a
mortuary environment. Proper estate and burial planning by the
decedent can greatly ease what may otherwise be a very traumatic,
complex, and expensive ordeal. Social security or veterans
benefits are sometimes involved in making burial arrangements.
FAMILY CONFERENCE:
If appropriate, schedule a family conference at which all
interested parties may be advised of the facts available and
exchange information and ideas about the handling of the estate.
Discretion should be used as to how many meetings to hold, who
attends, what is discussed, and what is done. Topics of discussion
should be determined in advance and adhered to.
COLLECTION AND PROTECTION OF PROPERTY:
Search the household, make an inventory of all personal property,
and arrange for storage and protection of personal property, if
appropriate.
COPIES OF DEATH CERTIFICATE:
Make numerous copies of the death certificate. It will be needed
in many of the transactions in connection with the collection of
property and the management and/or distribution of the estate.
Extra copies will be needed for social security, insurance claims,
bank transactions, and many other transactions.
COPY OF WILL, if any:
Make additional copies of the decedent's will, if any, for
beneficiaries, taxing authorities, and others who may need it.
SAFE DEPOSIT BOXES, if any:
List the contents of any safety deposit boxes in the decedent's
name. Usually most state laws provide that certain persons, such
as tax authorities, be present when a box is opened and that an
inventory be made of all box contents. If you have a box in joint
name of yourself and another person it may not be necessary for the
joint owner to have tax authorities hovering around when the box
is opened.
INSURANCE:
Check insurance coverage on all of the decedent's estate, including
property, casualty, and life insurance. Life insurance is normally
payable directly to beneficiaries. It may be appropriate to assist
the beneficiaries in the settlement of any insurance claims.
PRELIMINARY ESTIMATE OF ESTATE PROPERTY:
Make a preliminary estimate of the decedent's estate to determine
whether or not the "no probate" provisions of statutes prevail.
EMPLOYER BENEFITS, SALARY, BONUSES,
PENSION and PROFIT SHARING PLANS, etc.:
Contact the employer to learn as much as possible about everything
to which the decedent's surviving spouse and family has a right.
SOCIAL SECURITY, CIVIL SERVICE, VETERANS, and OTHER BENEFITS:
Contact all branches of government or businesses from which the
decedent's spouse might receive property or assets.
NOTICE OF DECEASE:
Give notice to all banks, savings and loan associations, credit
unions, brokerage accounts, financial institutions, and other
businesses where the decedent has accounts or business
relationships. Obtain passbooks, certificates, factual data, and
all other information about the accounts. It may be appropriate
to give notice to family friends and business associates.
UTILITIES, CHARGE ACCOUNTS, CREDIT CARDS, etc.:
All known business activities of a decedent should be shut down as
soon as possible. If the accounts are not to be transferred to a
surviving spouse, they should be closed immediately.
MAIL:
Notify the post office and arrange for receipt of decedent's mail.
It is normally appropriate to also request that friends and
business associates address mail directly to you.
PERSONAL RECORDS AND TAX RETURNS:
Assemble all personal records and tax returns of the decedent.
GOING BUSINESS:
Obtain all information concerning the business and its bank
accounts, etc.
CLAIMS AGAINST THE ESTATE:
Pay any legitimate claim immediately.
DISTRIBUTION OF ESTATE:
Pay all taxes due.
Pay all costs, expenses, fees, and administrative costs of probate.
Satisfy all claims against the estate.
Pay family allowances.
Satisfy specific bequests.
Residuary distribution.
TAX CONSIDERATIONS:
Form 706 - Estate Tax Form.
Form 709 - U.S. Quarterly Gift Tax Return Form.
Form 712 - Life Insurance Statement Form.
Form 1040 - Income Tax Return for Decedent.
Form 1041 - Fiduciary Income Tax Return.
PWRATTNY.TXT
*********************
*********************
** **
** WARNING **
** **
*********************
*********************
TO ANY PERSON EXECUTING
A DURABLE POWER OF ATTORNEY
THIS IS NOT A TRIVIAL MATTER. This is an IMPORTANT LEGAL DOCUMENT. It
creates a durable power of attorney for health care.
Before executing this document, you should know these important facts:
1. This document gives the person you designate as your attorney-in-fact the
power to make health care decisions for you, subject to any limitations or
statement of your demands that you include in this document. The power to
make health care decisions for you may include consent, refusal of consent,
or withdrawal of consent to any care, treatment, service, or procedure to
maintain, diagnose, or treat a physical or mental condition. You may state
in this document any types of treatment or placements that you do not desire.
2. The person you designate in this document has a duty to act consistently
with your demands as stated in this document or otherwise made known or, if
your demands are unknown, to act in your best interests.
3. Except as you other wise specify in this document, the power of the person
you designate to make health care decisions for you may include the power to
consent to your doctor not giving treatment or stopping treatment which would
keep you alive.
4. Unless you specify a shorter period in this document, this power will
exist for Seven Years from the date you execute this document and, if you
are unable to make health care decisions for yourself at the time when this
seven-year period ends, this power will continue to exist until the time when
you become able to make health care decisions for yourself.
5. Notwithstanding this document, you have the right to make medical and
other health care decisions for yourself so long as you can give informed
consent with respect to the particular decision. In addition, no treatment
may be given to you over your objection, and health care necessary to keep
you alive may not be stopped if you object.
6. You have the right to revoke the designation of the person named in this
document by notifying that person of the revocation orally or in writing.
7. You have the right to revoke the authority granted to the person
designated in this document to make health care decisions for you by
notifying the treating physician, hospital, or other health care provider
orally or in writing.
8. The person designated in this document to make health care decisions for
you has the right to examine your medical records and to consent to their
disclosure unless you limit this right in this document.
9. If there is anything in this document that you do not understand, you
should ask a lawyer to explain it to you. This power of attorney will not
be valid for making health care decisions unless it is either (1) signed by
two qualified witnesses who are personally known to you and who are present
when you sign or acknowledge your signature or (2) acknowledged before a
notary public in California.
A DURABLE POWER OF ATTORNEY
FOR HEALTH CARE
To my family, relatives, my friends, my physicians, health care providers,
community care facilities, and any other person who may have an interest or
duty:
I, (name), of (address), City of (city), County of (county), State of
(state), being of sound mind, freely, willfully, and voluntarily hereby
appoint (name of person), of (address), City of (city), County of (county),
State of (state), as my attorney-in-fact/proxy to make health care decisions
in my stead and behalf. He/she is not a treating health care provider nor
an employee of such, nor is he/she an operator of a community health care
facility which is treating me, or an employee of such, nor is he/she
conservator of my person or estate; and I hereby request that he/she never
be appointed such a conservator.
In the event that (name) is unable or unwilling to serve at my attorney-in-
fact for the purpose of making health care decisions for me, I designate
(name of alternate) of (address), City of (city), County of (county), State
of (state), to serve as my attorney-in-fact.
At any time that I should for any reason be unable to make such decisions
for myself, I hereby authorize (name) my attorney-in-fact, to make any
decisions I otherwise could make involving consent, refusal of consent, or
withdrawal of consent to any care, treatment, service, or procedure to
maintain, diagnose, or treat me for any physical or mental condition
whatever, except for commitment to or placement in a mental health treatment
facility, convulsive treatment, psychosurgery, sterilization, or abortion.
This appointment shall have no legal force or effect after expiration of
seven years from the date of its execution. It shall have no effect if I
revoke it by giving notice of such revocation either orally or in writing.
This document revokes any prior Durable Power of Attorney for Health Care.
SPECIAL PROVISIONS AND LIMITATIONS
*************************************************************************
If there is any type of treatment or placement that you do not want your
attorney-in-fact to consent to or other restrictions you want to place on
his/her authority, you should list them in the space below. If you do not
write in any limitations, your attorney-in-fact will have the broad powers
to make health care decisions on your behalf which are included above.
***************************************************************************
In exercising authority under this Durable Power of Attorney, the authority
of my attorney-in-fact is limited as stated below:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
STATEMENT OF DEMANDS
***************************************************************************
Your attorney-in-fact must make decisions consistent with your known demands.
You may, BUT ARE NOT REQUIRED TO, indicate your demands below. If your
demands are unknown, he/she must act in your best interests. A judicial
proceeding may be necessary to determine what is in your best interests. To
reduce the risk of the need for court proceedings, you may want to initial
the statement or statements below that reflect your demands and/or write your
own statements in the space below.
***************************************************************************
1. I desire that my life be prolonged to the greatest extent possible,
without regard to my condition, the chances I have for recovery or
long term survival, or the cost of the procedures.
( Yes _____ No _____ )
2. If I am in a coma, which my doctors have reasonably concluded is
irreversible, I demand that life-sustaining or prolonging treatments
or procedures NOT be used.
( Yes _____ No _____ )
3. If I have an incurable or terminal condition or illness and no
reasonable hope of long term recovery or survival, I demand that
life sustaining or prolonging treatments NOT be used.
( Yes _____ No _____ )
4. If deciding any questions under this document, my attorney-in-fact is
to consider the relief of suffering, the preservation or restoration
of functioning, and the quality as well the possible extension of my
life.
( Yes _____ No _____ )
OTHER OR ADDITIONAL STATEMENTS OF DEMANDS
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
****************************************************************************
BEFORE SIGNING THIS DOCUMENT, YOU MUST READ THE "WARNING" THAT PRECEDES IT.
IT IS PRINTED IN FULL AT THE START OF THIS DOCUMENT.
****************************************************************************
______________________________ ____________________
(Name) Date
WITNESS SIGNATURES
Under penalty of perjury under the laws of (state), I hereby declare that
the principal who signed or acknowledged this Durable Power of Attorney for
Health Care Decisions in my presence is known to me personally; that he/she
appears to be of sound mind and to be under no duress, fraud, or undue
influence; that I am not the person designated as attorney-in-fact by this
document; that I am not a health care provider, an employee of a health care
provider, the operator of a community care facility, nor an employee of a
community care facility. I am not related to the principal by blood,
marriage, or adoption; and to the best of my knowledge, I am not entitled to
any part of the estate of the principal upon his/her death either under a
will now existing, by a revocable living trust now existing, nor by operation
of law.
****************************************************************************
Under California law, only one witness is required to sign this document.
However, it is advisable that two witnesses sign it.
****************************************************************************
______________________________ ______________________________
Witness One Date
______________________________ ______________________________
Witness Two Date
SPECIAL REQUIREMENTS
*****************************************************************************
For patients in a skilled nursing facility in the state of California.
*****************************************************************************
The principal is a patient in a skilled nursing facility in California as
defined in subdivision (c) of Section 1250 of the Health and Safety Code of
California at the time he/she executed this document. Therefore, and in
order to make it legally effective in California (or other state), I, (full
legal name of witness), ("a patient-advocate" or "an ombudsman") as
designated by the State Department of Aging or other duly authorized person,
am serving as a witness pursuant to Section 2432 (f) of the California Civil
Code.
**************************************************************************
If not a resident of California, strike out either term "patient-advocate"
or "ombudsman" or enter an appropriate alternative term. Additionally alter
the previous paragraph as necessary. Although any other state may have no
such requirement, it can do no harm to take the precaution of having the
additional witness described in the previous paragraph.
**************************************************************************
I declare under the penalty of perjury under the laws of California that I
am not the person designated as attorney-in-fact/proxy by this document; that
I am not a health care provider, an employee of a health care provider, the
operator of a community care facility, nor an employee of a community care
facility; that I am not related to the principal by blood, marriage, or
adoption; and to the best of my knowledge I am not entitled to any part of
the estate of the principal under a will now existing, a revocable living
trust now existing, nor by operation of law.
______________________________ ______________________________
Witness Date
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
README.TXT
INSTALLATION AND USE OF
SOFTFORM DO-IT-YOURSELF LEGAL FORMS
===================================
Before doing anything else, make a BACKUP COPY of this diskette.
All of the SoftForm files on this diskette are DOS TEXT files. They may be
accessed directly from Drive A: or they may be copied to a sub-directory on
a Hard Disk. They may be edited with a text editor or read into a word
processing program using ASCII format.
USING THE SOFTFORMS TEMPLATES
=============================
Method One:
Start your editor as usual.
Read a SoftForm template from drive A.
Edit the RAM copy of the form, entering your personal information.
Save the "edited" version of the form with a new filename.
Exit your editor.
Print the SoftForm template using a normal DOS print command.
Method Two:
Start your word processor as usual.
Read a SoftForm template from drive A (read it as an ASCII file).
Edit the RAM copy of the form, entering your personal information.
Save the "edited" version of the form with a new filename.
Print the edited template from your word processor.
Exit your word processor.
The files on this disk are:
(C)1989 .TXT -- Copyright notice and registration form.
ESTATE .TXT -- Estate Summary Sheet; Family and Financial.
LASTWILL.TXT -- Generic Last Will and Testament form.
LVNGWILL.TXT -- Living Will form.
NOTES .TXT -- Simple checklist of administrator's duties.
PWRATTNY.TXT -- Durable Power of Attorney form.
README .TXT -- Instructions for SoftForm use.
REGISTER.TXT -- Registration form.
TRUST1 .TXT -- Revocable Living Trust form #1.
TRUST2 .TXT -- Revocable Living Trust form #2.
TRUST3 .TXT -- Revocable Living Trust form #3.
TRUST4 .TXT -- Revocable Living Trust form #4.
TRUST5 .TXT -- Revocation of a Revocable Living Trust.
TRUST6 .TXT -- Irrevocable Trust Agreement.
WHYTRUST.TXT -- Trust documentation and instructions.
If your copy of SoftForm software doesn't have all of the files listed, you
DO NOT have a complete package. To obtain a complete package, fill in the
registration form and send it, along with $20 to:
New Ventures Enterprises
3116 Thorn Street
San Diego, CA 92104
(619) 282-4404
REGISTER.TXT
New Ventures Enterprises
Registration Form
Thank you for evaluating this SoftForms Software package.
SoftForms is shareware -- this means that you are encouraged to try it and
make copies for your friends. If you decide to use this package, you are
asked to pay for it. If you do not use it, you aren't out a single penny.
That is what our free enterprise system is all about.
The cost of having a trust agreement drawn up by a lawyer can be anywhere
from $500 to $1000 -- OR MORE! If this package is useful to you, especially
if you find that it saves you hundreds of dollars, please register your copy
with New Ventures Enterprises.
The Registration Fee is only $20.00. The registration fee may be submitted
by cash, check, money order, or postal order. By registering your copy of
SoftForms software, you use the package honestly, get the right of technical
support for any problems encountered with the package, and you help New
Ventures to stay in business providing quality service at a very fair price.
Send $20.00 to:
New Ventures Enterprises
3116 Thorn Street
San Diego, CA 92104
NAME _______________________________________________________________
COMPANY _______________________________________________________________
ADDRESS _______________________________________________________________
_______________________________________________________________
CITY _______________________________ STATE __________ ZIP __________
PHONE (_____) _____-_____________
Type of payment: Cash ___ Check ___ Money Order ___ *** User Comment Page ***
How did you acquire this SoftForms Shareware package?
( ) Friend ( ) Computer Club
( ) Database Service ( ) Computer Store
( ) Electronic BBS ( ) Other ____________________
Any comments you have concerning SoftForms would be appreciated.
Your thoughts and suggestions are highly valued.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
TRUST1.TXT
Form One -- This document creates a trust for the lifetime use of a Husband
and Wife as Grantors and Co-Trustees. Upon their deaths property in the
trust goes to any other persons specified in the trust.
+-------------------------------------------------------------------------
+
REVOCABLE LIVING TRUST AGREEMENT
This Revocable Living Trust Agreement is made this (day) day of (month),
19(year), between (Name) and (Name), husband and wife, of (address), City of
(city), State of (State), herein referred to as Grantors, and (name) and
(name), of (address), City of (city), State of (state), herein referred to
as Co-Trustees.
Whereas, grantors are now the owners of the property described in Exhibit A
attached hereto and made a part hereof, and
Whereas, grantors desire to make provision for the care and management of
such property, and the collection of the income therefrom, and the
disposition of both such income and such property in the manner herein
provided:
Now, therefore, for the reasons set forth above, and in consideration of the
mutual covenants set forth herein, grantors and trustees agree as follows:
1. Transfer of Property: Grantors, in consideration of the acceptance by co-
trustees of the trust herein created, hereby convey, transfer, assign, and
deliver to co-trustees, their successors in trust and assigns, the property
described in Exhibit A attached hereto and made a part hereof, by this
reference, which property, together with all other property that may from
time to time be held by co-trustees hereunder, is herein referred to as Trust
Estate. Grantors, and any other persons shall have the right at any time to
add property acceptable to trustees to this trust and such property, when
received and accepted by trustees, shall become part of the trust estate.
2. Disposition of Income and Principal: Trustees shall care for and manage
the trust estate and collect the income derived therefrom, and, after the
payment of all taxes and assessments thereon and all charges incident to the
management thereof, dispose of the net income therefrom and corpus thereof,
as follows:
During the lifetime of grantors the trustees may pay income of the trust
estate and such portions of the principal as the grantors from time to time
may direct to the grantors, or otherwise as they direct during their lives.
After the death of both grantors the successor trustee shall distribute the
trust estate to the following beneficiary or beneficiaries who shall survive
both grantors: (names and addresses) _____________________________
___________________________________________________________________________
___________________________________________________________________________
The share of any beneficiary who shall be under the age of (age) years shall
not be paid to such beneficiary but shall instead be held in trust to apply
to his/her use all the income thereof, and also such amounts of the
principal, even to the extent of all, as the trustees deem necessary or
suitable for the support, welfare, and education of such beneficiary; and
when he/she attains the age of (age) years, to pay him/her the remaining
principal, if any. If any beneficiary for whom a share is held in trust
should die before having received all the principal thereof, then upon
his/her death the remaining principal shall be paid to his/her then living
child or children, equally if more than one, and in default thereof, to the
then living descendants of the grantors, per stirpes. No interest hereunder
shall be transferrable or assignable by any beneficiary, or be subject during
his or her life to the claims of his or her creditors. Notwithstanding
anything herein to the contrary, the trusts hereunder shall terminate not
later than twenty-one (21) years after the death of the last beneficiary name
herein.
3. Revocation and Amendment: The grantors, or the survivor of them, may, by
signed instrument delivered to the trustees, revoke the trusts hereunder, in
whole or in part, or amend this Agreement from time to time in any manner.
4. Successor Trustees: In the event of the death or incapacity of both co-
trustees, we hereby nominate and appoint as successor trustee (name) and
(address). In the event the successor trustee does not serve we appoint
whomever shall at the time be the first designated beneficiary hereunder.
The trustees and their successors shall serve without bond.
5. Trustees' Acceptance: This trust has been accepted by trustees and will
be administered in the State of state and its validity, construction, and
all rights thereunder shall be governed by the laws of that state.
In Witness Whereof, grantors and trustees have executed this Agreement on
the date above written.
_________________________ _________________________
Grantor Co-Trustee
_________________________ _________________________
Grantor Co-Trustee
_________________________ _________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
Exhibit A
(Separate Page)
(Listing of property included in this agreement)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
TRUST2.TXT
Form Two -- This document creates a trust for the lifetime use of an
individual (perhaps a single person) as a Grantor and Trustee. Upon his/her
death property in the trust goes to any other persons specified in the trust.
+-------------------------------------------------------------------------
+
REVOCABLE LIVING TRUST AGREEMENT
This Revocable Living Trust Agreement is made this (day) day of (month),
19(year), between (Name), of (address), City of (city), State of (State),
herein referred to as Grantor, and (name), of (address), City of (city),
State of (state), herein referred to as Trustee.
Whereas, grantor is now the owner of the property described in Exhibit A
attached hereto and made a part hereof, and
Whereas, grantor desires to make provision for the care and management of
such property, and the collection of the income therefrom, and the
disposition of both such income and such property in the manner herein
provided:
Now, therefore, for the reasons set forth above, and in consideration of the
mutual covenants set forth herein, grantor and trustee agree as follows:
1. Transfer of Property: Grantor, in consideration of the acceptance by
trustee of the trust herein created, hereby convey, transfer, assign, and
deliver to trustee, his/her successors in trust and assigns, the property
described in Exhibit A attached hereto and made a part hereof, by this
reference, which property, together with all other property that may from
time to time be held by trustee hereunder, is herein referred to as Trust
Estate. Grantor, and any other persons shall have the right at any time to
add property acceptable to trustee to this trust and such property, when
received and accepted by trustee, shall become part of the trust estate.
2. Disposition of Income and Principal: Trustee shall care for and manage
the trust estate and collect the income derived therefrom, and, after the
payment of all taxes and assessments thereon and all charges incident to the
management thereof, dispose of the net income therefrom and corpus thereof,
as follows:
During the lifetime of grantor the trustee may pay income of the trust estate
and such portions of the principal as the grantor from time to time may
direct to the grantor, or otherwise as he/she may direct during his/her life.
After the death of the grantor the trustee or successor trustee shall
distribute the trust estate to the following beneficiary or beneficiaries who
shall survive the grantor: (names and addresses)
__________________________________________________________________________
__________________________________________________________________________
The share of any beneficiary who shall be under the age of (age) years shall
not be paid to such beneficiary but shall instead be held in trust to apply
to his/her use all the income thereof, and also such amounts of the
principal, even to the extent of all, as the trustee deems necessary or
suitable for the support, welfare, and education of such beneficiary; and
when he/she attains the age of (age) years, to pay him/her the remaining
principal, if any. If any beneficiary for whom a share is held in trust
should die before having received all the principal thereof, then upon
his/her death the remaining principal shall be paid to his/her then living
child or children, equally if more than one, and in default thereof, to the
then living descendants of the grantor, per stirpes. No interest hereunder
shall be transferrable or assignable by any beneficiary, or be subject during
his or her life to the claims of his or her creditors. Notwithstanding
anything herein to the contrary, the trusts hereunder shall terminate not
later than twenty-one (21) years after the death of the last beneficiary name
herein.
3. Revocation and Amendment: The grantor may, by signed instrument delivered
to the trustee, revoke the trusts hereunder, in whole or in part, or amend
this Agreement from time to time in any manner.
4. Successor Trustees: In the event of the death or incapacity of any
trustee, I hereby nominate and appoint as successor trustee (name) and
(address). In the event the successor trustee does not serve I appoint
whomever shall at the time be the first designated beneficiary hereunder.
The trustees and their successors shall serve without bond.
5. Trustee Acceptance: This trust has been accepted by trustee and will be
administered in the State of (state) and its validity, construction, and all
rights thereunder shall be governed by the laws of that state.
In Witness Whereof, grantors and trustees have executed this Agreement on
the date above written.
_________________________
Grantor
_________________________ _________________________
Grantor Co-Trustee
_________________________ _________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
Exhibit A
(Separate Page)
(Listing of property included in this agreement)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
TRUST3.TXT
Form Three -- This document creates a trust for the lifetime use of an
individual (perhaps a single person) as Grantor with both the Grantor and a
Third Party as Co-Trustees. Upon the death of the individual, property in
the trust goes to any person specified in the trust.
+-------------------------------------------------------------------------
+
REVOCABLE LIVING TRUST AGREEMENT
This Revocable Living Trust Agreement is made this (day) day of (month),
19(year), between (Name), of (address), City of (city), State of (State),
herein referred to as Grantor, and (name), of (address), City of (city),
State of (state), herein referred to as co-trustees.
Whereas, grantor is now the owner of the property described in Exhibit A
attached hereto and made a part hereof, and
Whereas, grantor desires to make provision for the care and management of
such property, and the collection of the income therefrom, and the
disposition of both such income and such property in the manner herein
provided:
Now, therefore, for the reasons set forth above, and in consideration of the
mutual covenants set forth herein, grantor and trustees agree as follows:
1. Transfer of Property: Grantor, in consideration of the acceptance by
trustee of the trust herein created, hereby convey, transfer, assign, and
delivers to trustees, their successors in trust and assigns, the property
described in Exhibit A attached hereto and made a part hereof, by this
reference, which property, together with all other property that may from
time to time be held by trustees hereunder, is herein referred to as Trust
Estate. Grantor, and any other persons shall have the right at any time to
add property acceptable to trustees to this trust and such property, when
received and accepted by trustees, shall become part of the trust estate.
2. Disposition of Income and Principal: Trustees shall care for and manage
the trust estate and collect the income derived therefrom, and, after the
payment of all taxes and assessments thereon and all charges incident to the
management thereof, dispose of the net income therefrom and corpus thereof,
as follows:
During the lifetime of grantor the trustees may pay income of the trust
estate and such portions of the principal as the grantor from time to time
may direct to the grantor, or otherwise as he/she directs during his/her
life. After the death of the grantor the successor trustee shall distribute
the trust estate to the following beneficiary or beneficiaries who shall
survive me: (names and addresses) ____________________________
_________________________________________________________________________
_________________________________________________________________________
The share of any beneficiary who shall be under the age of (age) years shall
not be paid to such beneficiary but shall instead be held in trust to apply
to his/her use all the income thereof, and also such amounts of the
principal, even to the extent of all, as the trustee deems necessary or
suitable for the support, welfare, and education of such beneficiary; and
when he/she attains the age of (age) years, to pay him/her the remaining
principal, if any. If any beneficiary for whom a share is held in trust
should die before having received all the principal thereof, then upon
his/her death the remaining principal shall be paid to his/her then living
child or children, equally if more than one, and in default thereof, to the
then living descendants of the grantor, per stirpes. No interest hereunder
shall be transferrable or assignable by any beneficiary, or be subject during
his or her life to the claims of his or her creditors. Notwithstanding
anything herein to the contrary, the trusts hereunder shall terminate not
later than twenty-one (21) years after the death of the last beneficiary name
herein.
3. Revocation and Amendment: The grantor may, by signed instrument delivered
to the trustee, revoke the trusts hereunder, in whole or in part, or amend
this Agreement from time to time in any manner.
4. Successor Trustees: In the event of the death or incapacity of both
trustees, I hereby nominate and appoint as successor trustee (name) and
(address). In the event the successor trustee does not serve I appoint
whomever shall at the time be the first designated beneficiary hereunder.
The trustees and their successors shall serve without bond.
5. Trustees' Acceptance: This trust has been accepted by trustees and will
be administered in the State of (state) and its validity, construction, and
all rights thereunder shall be governed by the laws of that state.
In Witness Whereof, grantors and trustees have executed this Agreement on
the date above written.
_________________________ _________________________
Grantor Co-Trustee
_________________________ _________________________
Witness 1 Co-Trustee
_________________________ _________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
Exhibit A
(Separate Page)
(Listing of property included in this agreement)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
TRUST4.TXT
Form Four -- This document creates a trust for the lifetime use of an
individual (perhaps a single person) as Grantor with a Third Party as
Trustee. Upon the death of the individual, property in the trust goes to
any person specified in the trust.
+-------------------------------------------------------------------------
+
REVOCABLE LIVING TRUST AGREEMENT
This Revocable Living Trust Agreement is made this (day) day of (month),
19(year), between (Name), of (address), City of (city), State of (State),
herein referred to as Grantor, and (name), of (address), City of (city),
State of (state), herein referred to as Trustee.
Whereas, grantor is now the owner of the property described in Exhibit A
attached hereto and made a part hereof, and
Whereas, grantor desires to make provision for the care and management of
such property, and the collection of the income therefrom, and the
disposition of both such income and such property in the manner herein
provided:
Now, therefore, for the reasons set forth above, and in consideration of the
mutual covenants set forth herein, grantor and trustee agree as follows:
1. Transfer of Property: Grantor, in consideration of the acceptance by
trustee of the trust herein created, hereby convey, transfer, assign, and
delivers to trustee, his/her successors in trust and assigns, the property
described in Exhibit A attached hereto and made a part hereof, by this
reference, which property, together with all other property that may from
time to time be held by trustees hereunder, is herein referred to as Trust
Estate. Grantor, and any other persons shall have the right at any time to
add property acceptable to trustee to this trust and such property, when
received and accepted by trustee, shall become part of the trust estate.
2. Disposition of Income and Principal: Trustee shall care for and manage
the trust estate and collect the income derived therefrom, and, after the
payment of all taxes and assessments thereon and all charges incident to the
management thereof, dispose of the net income therefrom and corpus thereof,
as follows:
During the lifetime of grantor the trustee may pay income of the trust estate
and such portions of the principal as the grantor from time to time may
direct to the grantor, or otherwise as he/she directs during his/her life.
After the death of the grantor the successor trustee shall distribute the
trust estate to the following beneficiary or beneficiaries who shall survive
me: (names and addresses) ____________________________
_________________________________________________________________________
_________________________________________________________________________
The share of any beneficiary who shall be under the age of (age) years shall
not be paid to such beneficiary but shall instead be held in trust to apply
to his/her use all the income thereof, and also such amounts of the
principal, even to the extent of all, as the trustee deems necessary or
suitable for the support, welfare, and education of such beneficiary; and
when he/she attains the age of (age) years, to pay him/her the remaining
principal, if any. If any beneficiary for whom a share is held in trust
should die before having received all the principal thereof, then upon
his/her death the remaining principal shall be paid to his/her then living
child or children, equally if more than one, and in default thereof, to the
then living descendants of the grantor, per stirpes. No interest hereunder
shall be transferrable or assignable by any beneficiary, or be subject during
his or her life to the claims of his or her creditors. Notwithstanding
anything herein to the contrary, the trusts hereunder shall terminate not
later than twenty-one (21) years after the death of the last beneficiary name
herein.
3. Revocation and Amendment: The grantor may, by signed instrument delivered
to the trustee, revoke the trusts hereunder, in whole or in part, or amend
this Agreement from time to time in any manner.
4. Successor Trustees: In the event of the death or incapacity of the
trustee, I hereby nominate and appoint as successor trustee (name and
address). In the event the successor trustee does not serve I appoint
whomever shall at the time be the first designated beneficiary hereunder.
The trustee and his/her successors shall serve without bond.
5. Trustees' Acceptance: This trust has been accepted by trustee and will be
administered in the State of (state) and its validity, construction, and all
rights thereunder shall be governed by the laws of that state.
In Witness Whereof, grantors and trustees have executed this Agreement on
the date above written.
_________________________ _________________________
Grantor Trustee
_________________________ _________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
Exhibit A
(Separate Page)
(Listing of property included in this agreement)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
TRUST5.TXT
FORM FIVE -- This document revocates a Living Trust Agreement.
+------------------------------------------------------------------------+
REVOCATION OF A REVOCABLE LIVING TRUST AGREEMENT
TO: ________________________________________, Trustee
(name)
________________________________________
(address)
________________________________________
(city and state)
I, (name), of (address), City of (city), State of (state), as grantor in a
Revocable Living Trust Agreement dated (date), wherein you are designated as
trustee, do hereby revoke the powers and trusts created and conferred by
grantor in that Revocable Living Trust Agreement, pursuant to the terms
thereof.
I hereby direct you, as trustee, to turn over and deliver to me all property
held by you subject to the terms and provisions of the Revocable Living Trust
Agreement, together with all accumulations of interest and income.
In Witness Whereof, I have executed this instrument on the (day) day of
(month), 19(year), at (city), (state).
In the presence of:
_________________________
Grantor
_________________________ _________________________
Witness 1 Witness 2
Sworn to and subscribed before me this (day) day of (month), 19(year).
My commission expires: _________________________
Notary Public
_________________________
Date
TRUST6.TXT
Form Six -- This document creates an Irrevocable Trust Agreement that cannot
be revoked or changed.
+-------------------------------------------------------------------------
+ TRUST AGREEMENT
This Irrevocable Trust Agreement is made this (day) day of (month), 19(year),
between (Name), of (address), City of (city), State of (State), herein
referred to as Grantor, and (name), of (address), City of (city), State of
(state), herein referred to as Trustee.
In consideration of the mutual covenants and promises set forth herein,
Grantor and Trustee agree as follows:
1. Transfer of Trust. Grantor herewith assigns, transfers, and conveys to
Trustee the property described in Exhibit "A" attached hereto and made a part
hereof by this reference, and receipt of such property is hereby acknowledged
by Trustee. Such property, hereafter designated the Trust Estate, shall be
held by Trustee in Trust for the uses and purposes and on the terms and
conditions set forth herein.
2. Disposition of Principal and Income. Trustee shall administer and manage
the Trust Estate, collect the income therefrom, and, after payment of all
taxes and assessments thereon and all charges incident to the management
thereof, apply and dispose of the net income and the principal of the Trust
Estate as follows: (names and addresses of beneficiaries)
_________________________________________________________________________
_________________________________________________________________________
3. Additions to Trust. Grantor and any other person shall have the right at
any time to add property acceptable to Trustee to the this Trust. Such
property, when received and accepted by Trustee, shall become part of the
Trust Estate.
4. Irrevocability of Trust. This trust shall be irrevocable and shall not
be revoked or terminated by Grantor or any other person, nor shall it be
amended or altered by Grantor or any other person.
5. Compensation of Trustee: The original Trustee hereunder, and all Successor
Trustees, shall be entitled to reasonable compensation for their services as
Trustee.
6. Successor Trustees: If (name) [Original Trustee] resigns or is unable to
continue to act as Trustee, (name) [Successor Trustee], of (address), City
of (city), County of (county), State of (state), is hereby appointed as
Successor Trustee.
7. Governing Laws: The validity, construction, and effect of this agreement
and the Trust created hereunder and its enforcement shall be determined by
the laws of the State of (state).
In Witness Whereof, Grantor and Trustee have executed this Agreement on the
date above written.
_________________________ _________________________
Grantor Trustee
_________________________ _________________________
Witness 1 Successor Trustee
_________________________
Witness 2
The foregoing instrument was acknowledged before me this (day) day of
(month), 19(year) by (name) [Grantor], (Name) [Trustee], and (name)
[Successor Trustee].
My commission expires: _________________________
Notary Public
_________________________
Date
Exhibit A
(Separate Page)
(Listing of property included in this agreement)
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
WHYTRUST.TXT
SOME GENERAL OBSERVATIONS
The legal process, because of its unbridled growth, has become a cancer which
threatens the vitality of our forms of capitalism and democracy.
Lawrence Silberman, U.S. Attorney General
... the harsh truth is that ... we may well be on our way to a society
overrun by hordes of lawyers, hungry as locusts, and brigades of judges in
numbers never before contemplated.
- Chief Justice of the United States Warren Burger
The legal trade is nothing but a high class racket.
- Professor Fred Rodell
I do not wish to speak ill of any man behind his back, but the fact is that
he is an attorney.
- Samuel Johnson
People say law, but they mean wealth.
- Ralph Waldo Emerson
All sorts of substitute for wisdom are used by the world. When the court
doesn't know, they use precedent. The court that made the precedent guessed
at it. Yesterday's guess, grown gray and wearing a big wig becomes today's
justice.
- Dr. Frank Crane
A lawyer is a learned gentleman who rescues your estate from your enemies
and keeps it for himself.
- Lord Brougham
It is the trade of lawyers to question everything, yield nothing, and to talk
by the hour.
- Thomas Jefferson
He saw a lawyer killing a viper on a dunghill hard by his own stable;
And the Devil smiled, for it put him in mind Of Cain and his brother Able.
- Coleridge
Lawyers are the only persons in whom ignorance of the law is not punished.
- Jeremy Bentham
The first thing we do, let's kill all the lawyers.
- Shakespeare, King Henry VI
The virtuous need but few laws; for it is not the law which determines their
actions, but their actions which determine the law.
- Theophrastus
Where you find the laws most numerous, there you will find also the greatest
injustice.
Arcesilaus
The more corrupt the state, the more numerous the laws.
- Tacitus
"The law, sir, is a ass."
- Charles Dickens
"...ours is a sick profession marked by incompetence, lack of training,
misconduct and bad manners. Ineptness, bungling, malpractice, and bad ethics
can be observed in court houses all over this country every day. (...these
incompetents have) a seeming unawareness of the fundamental ethics of the
profession.
- Chief Justice of the United States, Warren Burger
"Most lawyers are as crooked as a dog's hind leg."
- Grampa Province
WHY A TRUST?
Why create a living trust? Isn't that something that's only done by rich
people? Can the average citizen create his/her own living trust without the
help of a lawyer? Why not just pay a lawyer to write a simple will?
There are a number of reasons and answers to these simple questions.
First, you should know that you have EVERY LEGAL RIGHT to create your own
living trust by yourself, without the help of a lawyer.
In the second place, when you hire a lawyer to write a will, they don't do
it anyway. Their Legal Secretary does the job and you end up paying an
exorbitant legal fee.
Further, these secretaries really won't do anything more than fill in some
blank spaces on a pre-designed word processing form and print it double-
spaced with numbered lines. This type of printed output looks profession,
impressive, and expensive -- that's really what you are paying for. They
follow the same process for divorces, annulments, legal separations,
bankruptcies, creditor plans, simple contracts, real estate deals, and so
on, ad nauseam.
Most of the work done by legal secretaries or paralegals is nothing more that
filling in the blanks. What the majority of the legal profession doesn't
want you to know is that anyone, YES!, ANYONE!, can do what they do.
It is my honest opinion that the legal profession is in a sad state of
affairs. Any document drawn up by one lawyer will be challenged by another
lawyer if he is paid to do so. No matter how correct or exact it is, some
other lawyer will find fault with it if there is a fee to be made. It is
the business of lawyers to make things so complicated that they cannot be
understood. Lawyers are not paid to fix things or fight for justice, they
are paid to argue, confuse, obfuscate, and prolong. They get paid for
keeping things from happening. This is only one of the many reasons why
simple trials that should only take hours to decide normally take weeks,
months, and sometimes years.
That, in a nutshell, is the reason for this package of SHAREWARE SOFTWARE.
You DON'T NEED a high priced (and perhaps incompetent) lawyer to do something
that you can do yourself. Anyone with a computer and a word processor or
text editor can use these pre-designed trust forms to create their own Living
Revocable Trust.
REASONS FOR CREATING A LIVING TRUST
That brings us to the answers to the questions of why a person should form
a trust instead of writing a will. The reasons are numerous and important.
Before starting, you should have a firm understanding of what a will is and
what a trust is. The differences between them are vast.
- WILLS -
A WILL is a legal instrument executed by any competent person according to
the prescribed statutes of the state. Using this instrument the person
states their desired disposition of their property which will take effect on
and after their death.
The existence of a will automatically means that there will be lawyers,
judges, and the court system involved when a person dies. Because wills must
be "probated", there will be legal fees, the court may interpret the will as
it sees fit, and the wishes of the deceased are not necessarily followed.
When a will goes to Probate Court, not only does it get bogged down in the
mire of the ineffective, inefficient, cumbersome, and expensive probate
system, it also becomes a matter of public record. Additionally, it could
conceivably be challenged by a lawsuit.
- TRUSTS -
A TRUST is a legal relationship in which one person transfers property of a
second person for the benefit of a third person. The person creating the
trust is the Grantor. The person having legal title to the trust property
is the Trustee. The person for whose benefit the trust is created is the
Beneficiary. The nifty, magical part of this arrangement is that one person
can be a Grantor, Trustee, and Beneficiary all at the same time.
Using a trust, an individual can transfer property from their personal name
to themselves as a Trustee of a trust. As the Trustee, they can hold the
property for themselves or for someone else. Under the instructions of a
Revocable Living Trust, the Trustee (or Co-Trustees) can see to it that when
the Grantor dies all trust property is transferred to the beneficiary or
beneficiaries. When the Grantor dies, the trust property automatically is
held by any Co-Trustee or Successor Trustee for the benefit of the
beneficiary. All of this is accomplished WITHOUT any probate process or any
other type of court proceedings. You don't need to be wealthy to take
advantage of this either. If you only own your home or automobiles, you can
use a trust to make sure that when you die everything automatically transfers
to anyone you wish.
A Revocable Living Trust is the answer to almost all of the horrible problems
that can be encountered by Probate Court. It can be entered easily at little
cost and it can be revoked by the stroke of a pen.
ADVANTAGES OF A TRUST
The most obvious advantages of a Revocable Living Trust are:
o Avoidance of probate and probate administration fees and expenses.
o Avoidance of excessive probate legal fees.
o Avoidance of unnecessary delays.
o Avoiding publicity concerning probate matters.
o Avoiding ancillary (secondary) administration.
o Avoiding statutory restrictions on bequests of property.
o Avoiding inheritance taxes.
o Avoiding will contests.
o Property management.
o Management uninterrupted by the incapacity of the grantor.
o Uninterrupted income and access to principal for family
beneficiaries.
o Avoiding the emotional trauma, aggravation, and frustration
of dealing with a complicated probate process and overpaid
lawyers.
THINGS YOU SHOULD KNOW
A Trust Takes Precedence Over a Will!
It is imperative that you carefully read and understand the following
sentence. A TRUST TAKES PRECEDENCE OVER A WILL. Even if you have a will
leaving specific property to a person and later create a trust transferring
the same property to a different person, the trust takes precedence and the
property will go to the person named in the trust.
Community Property
If community property is to be placed into a trust, it is important that both
spouses join in the creation of the trust as both grantors and co-trustees.
Exhibit A
(An Easy Way to Alter the Trust)
Property may be transferred using a trust by means of an "Exhibit A". This
is a separate page attached to the trust, but referred to in the trust
agreement. If you decide to change anything in the trust property at a later
time, you only need to change "Exhibit A". You don't need to alter the trust
agreement.
All property transferred to the trust must be listed in Exhibit A. You
should be aware of some special information concerning the property
transferred to the trust and the methods involved:
o Real estate can be transferred to a trust.
o Bank accounts and Saving & Loan accounts can be
transferred to a trust.
o Stocks, bonds, and mutual funds can be transferred
to a trust.
o Insurance policies can be transferred to a trust.
o Automobiles, motorcycles, trailers, motor homes,
and similar types of vehicles can be transferred
to a trust.
Real Property
Real property included in a trust should be recorded with the names of the
trustees of the trust. Normally, this means filing a "Quit Claim" deed on
the property changing the name of the owners of the property. This usually
is done at the County Recorder's Office. The new deed should be similar to:
John Doe and Jane Doe, as Trustees under Revocable
Living Trust Agreement dated January 1, 1990
You should contact your County Recorder's Office for specific information.
Quit claim deeds may be obtained at stationary stores or at local real estate
offices.
Bank Accounts
Bank accounts and Saving & Loan accounts should be changed using the same
type of trust language. It is suggested that you contact your bank, saving
& loan, or other financial institution to find out how they prefer it to be
done. Some institutions require a copy of the trust agreement on file.
Different businesses have different methods.
Vehicles
Automobiles, motorcycles, and any other similar types of vehicles should be
registered using the same trust language. It is a good idea to check with
local, county, and state offices regarding their specific requirements
regarding transfer of vehicles to a trust.
Choice of a Trustee
You cannot be TOO CAREFUL When choosing a trustee, co-trustee, or successor
trustee. It is suggested that an adult family member be selected. DO NOT
CONSIDER a lawyer, trust officer, bank, or trust company for a trustee. This
defeats the entire purpose and objective of the Revocable Living Trust. It
is IMPERATIVE that a trustee be chosen who will expressly avoid the needless
expenses, delays, and inconvenience of court appointments.
THE REVOCABLE LIVING TRUST FORMS
The next part of this text will deal with the design and use of the Revocable
Living Trust forms included in this package.
These forms are not complex nor mysterious. Each of the paragraphs in the
trust are discussed here to demonstrate to you how easy it is to create your
own Revocable Living Trust.
Identification Clause
The first clause identifies the Grantor, Trustee, Co-Trustee, Successor
Trustee, and Beneficiary or Beneficiaries. Also stated is where they live
and where the trust is created.
Whereas Clause
The "Whereas Clause" simply states the grantor's specific intent. This is
an essential element in a trust. It identifies the property and states the
purpose of the agreement and the use and disposition of the property.
Transfer of Property Clause
The transfer of property (conveyance of property in legalese) is the key to
avoiding probate. Because the property is transferred to a trustee, the
grantor DOES NOT OWN IT as a part of his estate. Upon transfer, it becomes
the property of the trust.
Disposition of Income and Principal Clause
As an American citizen, you have a right to direct exactly what is to happen
with the property during your lifetime and even after death. You can either
use it yourself or give it to someone else. If given to a minor, it can be
held until they reach the age of adulthood.
Revocation and Amendment Clause
Because you are the grantor of the trust and you have made it a "revocable"
living trust, you have the right to completely cancel the trust or change it
in any way you want at any time you want.
Successor Trustee Clause
When creating a trust, it is imperative that you have a trustee, a co-
trustee, or a successor trustee. This person will hold title to all trust
property after the death of the grantor. This preludes the necessity for a
court appointment and potentially saves the trust a vast expenditure of time
and money.
Trustee's Acceptance Clause
Creating a trust agreement means exactly that; there must be an AGREEMENT
between parties. The selected trustee, co-trustee, or successor trustee must
sign the document indicating that they truly agree to the terms and
conditions set forth in it.
Signatures
All grantors and all trustees must sign the agreement. Make sure everyone
understands exactly what the agreement says and does and that they are
willing to abide by its instructions.
Exhibit "A"
This page (or pages) is a separate part of the trust. It will identify
exactly and specifically the property that is being transferred to the trust.
IMPORTANT! -- Make sure you use the legal description
of any real estate to avoid any doubts about transfer
of title to the property. This information can usually
be found on the title deed to the property. It will
also be recorded with the County Recorder.
THE TRUST FORMS
FORM ONE -- Trust1.txt -- may be used by a married couple. Both husband and
wife are grantors appointing themselves as co-trustees to the trust. They
have use of the property for life. After both of them die, trust property
is transferred to whomever they select as beneficiary.
FORM TWO -- Trust2.txt -- may be used by any adult. The individual is the
grantor appointing himself/herself as trustee. The grantor has use of the
property for life. After he/she dies, trust property is transferred to
whomever is selected as beneficiary.
FORM THREE -- Trust3.txt -- may be used by any adult. The individual is the
grantor appointing himself/herself and a third party as co-trustees. The
grantor has use of the property for life. After he/she dies, trust property
is transferred to whomever is selected as beneficiary.
FORM FOUR -- Trust4.txt -- may be used by any adult. The individual is the
grantor appointing a third party as trustee. The grantor has use of the
property for life. After he/she dies, trust property is transferred to
whomever is selected as beneficiary.
FORM FIVE -- Trust5.txt -- is used to revoke a Living Trust Agreement. This
may be done by the grantor(s) at any time for any reason.
FORM SIX -- Trust6.txt -- is an IRREVOCABLE TRUST AGREEMENT. This document
may be used by any adult to create a trust that CANNOT BE REVOKED OR CHANGED.
When this form is used, the transaction of the trust agreement is FINAL!
In addition to having some tax advantages, it has most of the advantages of
the Revocable Living Trust. This trust can be used for the purpose of gifts,
especially to minors. Assets in this type of trust will avoid the probate
system, estate taxes in some circumstances, income taxes for the grantor, and
the trustee can retain management of the trust property for the beneficiaries
if necessary.
ADDITIONAL FORMS
ESTATE.TXT -- Estate summary sheet. This document gathers pertinent
information concerning family members and financial status. When completed
properly, it gives a good idea about the complete pecuniary value of an
estate. Very often, the value of an estate is not realized until everything
in the trust is accumulated and totaled. It is usually a surprise to people
to find out what their estate is actually worth.
NOTES.TXT -- Although this checklist is not an exhaustive, comprehensive
document that will remind you of everything that you will need to know and
do in the event of a death in your family, it provides a very good foundation
of information that you can build on depending on your individual needs.
LASTWILL.TXT -- This generic "Last Will and Testament" form may be modified
to indicate any special wishes of a person to be followed upon their death.
Although a trust takes precedence over a will, this is a good way to bequeath
any special personal items to a loved one. It also helps to preclude the
necessity for any probate process whatsoever, since all of the important and
valuable property has already been placed in a trust and the only things left
for disposition through a will usually are of small value.
PWRATTNY.TXT -- has nothing to do with trusts.
The "Durable Power of Attorney" form is provided for anyone interested in
precluding the possibility of being kept alive artificially or against their
will if they are suffering from a disease, illness, or debilitating brain
damage.
This form may be used to designate a trusted person to serve as "attorney-
in-fact" solely for the purpose of making medical decisions if the designator
becomes incapable of making those decisions.
This form should ONLY BE USED after the designator has given careful
consideration to the possibility that they might become incapacitated and
could be kept alive by artificial means.
LVNGWILL.TXT -- has nothing to do with trusts.
The "Living Will" is a special form similar in nature to the Durable Power
of Attorney.
It may be used by anyone interested in precluding the possibility of being
kept alive artificially or against their will if they are suffering from a
disease, illness, or debilitating brain damage.
+----------+
| NOTICE |
+----------+
Although the LIVING WILL and DURABLE POWER OF ATTORNEY
seem to be very similar, they are, indeed, different.
Because of the sometimes convoluted, confused, and
baffling way the American court system works it is
a VERY GOOD IDEA to have both a Living Will AND a
Durable Power of Attorney in effect concurrently.
Directory of PC-SIG Library Disk #1949
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(C)1989 TXT 4558 11-03-89 8:03p
REGISTER TXT 3295 10-29-89 3:29p
README TXT 2620 11-05-89 12:24p
WHYTRUST TXT 20891 11-03-89 8:12p
TRUST1 TXT 5756 10-29-89 3:30p
TRUST2 TXT 5589 10-29-89 3:30p
TRUST3 TXT 5729 10-29-89 3:31p
TRUST4 TXT 5587 10-29-89 3:32p
TRUST5 TXT 1450 10-29-89 3:32p
TRUST6 TXT 3635 10-29-89 3:33p
LVNGWILL TXT 4654 10-29-89 3:23p
PWRATTNY TXT 12693 10-29-89 3:24p
ESTATE TXT 4226 11-03-89 8:03p
LASTWILL TXT 2770 10-29-89 3:22p
NOTES TXT 4603 11-03-89 7:56p
FILE1949 TXT 3331 12-28-89 6:11p
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