WILL TRUSTS FOR CHILDREN
I, ____________________ of ____________________, declare this to be my Will and revoke all other Wills.
I authorize my personal representative to pay such sums as my personal representative deems proper for my cremation or burial and interment, including the disposition of the ashes or the acquisition of any burial site and the erection and engraving of monuments and markers, regardless of any limitation fixed by statute or rule of court and without order of court.
(B) My Personal Representative shall make the following distributions to the following institutions and to the following persons who survive me:
I give all the rest of my property to the Trustee hereafter named, to be held (together with any other property to which the Trustee shall be entitled by reason of my death and less any taxes, debts, expenses or other obligations payable by the Trustee as a result of my death) in trust, upon the following terms:
(B) If, when the trust is ended, none of the intended beneficiaries of the trust is living, or if I am not survived by any of my descendants, the Trustee shall distribute the property to whomever and in the same proportions as my Personal Representative would have been required to distribute it had I died intestate, and a resident of the state of ____________________ at such time.
(C) Regardless of any contrary provisions:
1. If the beneficiaries of the trust are entitled to receive from the Trustee the entire principal of the trust as soon as it is distributed from my estate to the trust (as a result of the beneficiary having previously given the Trustee the notice herein provided or because the trust as to such beneficiary has otherwise terminated), then my Personal Representative may make the distribution directly to the beneficiaries to whom and in the same proportions as the Trustee would have been required to make the distribution upon receipt of the property from my Personal Representative.
2. If, when the trust is ended, any part of the principal of the trust is distributable to any person for whose benefit the Trustee shall then be holding any part of another share in trust, that part of the principal shall be added to, and disposed of, as a part of the other trust, under all the terms that pertain to it.
3. If, when the trust is ended, any part of the principal of the trust is distributable to a person who is then under twenty-one years of age, the Trustee may, in the discretion of the Trustee, withhold distribution of the property, invest it and collect the income from it until the beneficiary attains twenty-one years of age. The Trustee may apply so much of the net income and principal to the beneficiary's support, medical care and education (including college and professional education) as the Trustee shall deem advisable, without the intervention of any guardian or conservator. The Trustee shall accumulate and invest the balance of the income, if any, until the beneficiary attains twenty-one years of age, and then pay to the beneficiary the unexpended principal and income that has been withheld. If the beneficiary dies before attaining twenty-one years of age, the principal and income shall be distributed to the Personal Representative of the beneficiary's estate. The authority conferred upon the Trustee by this paragraph shall not operate to suspend or prevent the absolute vesting of any property in the beneficiary. In the alternative and if the beneficiary is under twenty-one years of age, the Trustee may, in the discretion of the Trustee, distribute the property to a custodian for the beneficiary under a Uniform Transfer or Gift to Minors Act. The receipt by the beneficiary, or by the Personal Representative of the beneficiary's estate, or by such custodian, of any distribution so made shall be a complete discharge to the Trustee regarding the distribution.
The provisions in this Will for the distribution of my estate and the trust shall be supplemented by the following:
(A) My Personal Representative shall pay all death taxes owed because of my death (including any interest and penalties) out of the residue of my estate. The payment of the taxes shall be made regardless of whether the taxes are owed on property passing under this Will or outside of this Will and regardless of whether the taxes are owed by my estate or by any beneficiary. My Personal Representative shall not be entitled to reimbursement from any beneficiary for the payment of the taxes.
(B) Each beneficiary shall be deemed not to have survived me unless the beneficiary is living on the thirtieth day after the date of my death.
(C) If at any time, in the judgment of the Trustee, the aggregate of the income payable hereunder and the funds available to any beneficiary from all other sources about which the Trustee shall have actual knowledge is insufficient to provide adequately for the support, medical care and education (including college and professional education) of the beneficiary and the beneficiary's dependents, the Trustee, in the discretion of the Trustee, may pay to or for the benefit of the beneficiary, from the principal of any trust then held for the benefit of the beneficiary, amounts that the Trustee shall deem advisable for that purpose. The Trustee shall exercise liberally this right to make principal distributions and the interests of current income beneficiaries shall be preferred to the interests of other beneficiaries. No payment to any beneficiary shall be treated as an advancement of any future payment to be made to the beneficiary.
(D) Whenever any beneficiary of my estate or the trust is under a legal disability or, in the judgment of my Personal Representative or the Trustee, is for any reason unable to apply any distribution to the beneficiary's own best advantage:
1. My Personal Representative or the Trustee may nevertheless make the distribution directly to the beneficiary or to the conservator of the beneficiary's property, or to a custodian for the beneficiary under a Uniform Transfer or Gift to Minors Act, or to a person with whom the beneficiary resides at the time of the distribution, or may apply it for the benefit of the beneficiary and for the benefit of anyone dependent upon the beneficiary, in whatever manner my Personal Representative or the Trustee shall deem best. The receipt by such beneficiary, conservator or other person of any distribution so made shall be a complete discharge to my Personal Representative or the Trustee regarding the distribution.
2. The Trustee may withhold as much of the distribution as, in the judgment of the Trustee, shall exceed the amount needed to provide for the support, medical care and education of the beneficiary, taking into consideration the needs of anyone dependent upon the beneficiary and all other funds available to the beneficiary that the Trustee shall know about, and any withheld income shall be added to the principal of the trust from which it was derived.
The decision of my Personal Representative or the Trustee in any such case shall be final and binding upon all beneficiaries.
(E) The income from the trust shall accrue from the date of my death. Until the trust is established, my Personal Representative may pay out of my estate to, or for the benefit of, the respective income beneficiaries of the trust, any sums that are not in excess of the income that the income beneficiaries probably would have been entitled to receive from the trust had it been established. Any sums paid from the principal of my estate shall be regarded merely as a temporary advance, to be restored to principal by deducting them from income otherwise payable to the beneficiary for whom such advance is made, or to the succeeding beneficiary or beneficiaries.
(F) Upon the death of any then income beneficiary of the trust, the Trustee may, in the discretion of the Trustee, after taking into consideration other sources of funds available to the estate of the beneficiary, and subject to any power of appointment, pay the beneficiary's funeral and burial expenses, including the cost of an interment space and marker.
(G) Regardless of any contrary provision of this Will, any trust shall immediately terminate that is still in existence on the day twenty-one years after the death of the last to die of all the beneficiaries who are living at the date of my death. The Trustee may terminate, at any time, any trust that has an aggregate principal value of Fifty Thousand Dollars or less. Upon termination of any trust, the Trustee shall distribute the trust, free of the trust, to the income beneficiary of the trust.
(H) To avoid undue delay, I direct that if, at the expiration of three calendar months after the date of death of any person upon whom a testamentary power of appointment is herein conferred, no Will of such person of which the Trustee may have knowledge, has been offered for probate, the Trustee may find that such person died intestate and did not exercise the power of appointment herein conferred. Similarly, if at the expiration of three calendar months after the date of death of such person, a Will of such person has been offered for probate, the Trustee may find that the Will was the last Will of such person and be guided by the provisions therein in determining whether or not the power of appointment herein conferred has been exercised, and, if exercised, the extent and manner thereof. The two preceding sentences are intended to protect the Trustee in making distribution in accordance with any such finding, but are not intended to conclude the rights of persons beneficially interested as between themselves nor as against any others to whom the Trustee may have made the distribution.
(I) The Trustee may purchase with trust funds, at market value at the time of purchase, any property tendered to the Trustee by my Personal Representative. In the case of uncertainty as to the market value of any property, it shall be fixed by my Personal Representative and the Trustee and their determination as to the value shall be conclusive. In addition, the Trustee, when the amounts needed are certified by my Personal Representative (or when the amounts are determined by the Trustee), shall be authorized in the discretion of my Trustee to pay to my Personal Representative (or to pay directly) amounts needed to pay all debts and costs of administration of my estate, all cash bequests contained in this Will and all taxes (including any interest and penalties) imposed by reason of my death, whether or not the taxes are payable by my estate or by the recipient of any property. All payments made by the Trustee in accordance with this paragraph shall be made without any right of reimbursement from my Personal Representative or from the recipient of the property, and the decision of the Trustee as to the propriety and amount of any payment shall be conclusive.
(J) No interest of any beneficiary shall be subject to assignment, anticipation, claims of creditors or attachment by legal process, provided that this provision shall not be deemed to be a limitation upon any power of appointment herein granted.
In addition to their existing authority, and unless this Will provides otherwise, my Personal Representative and the Trustee may:
(A) Retain original investments and invest in any variety of real or personal property, including investment trusts and common trust funds made available to the trust and including the purchase and sale of futures; write call options on securities held by the trust; make investments without diversifying them; and retain investments with a view to possible increase in value, all without any obligation to keep the trust invested in the type of property designated by law or custom as legal for the investment of trust funds.
(B) Sell, lease or grant options with respect to any real or personal property, alone or in conjunction with any co-owner of such property, in such manner, for such purposes, for such prices and upon such terms, credits and conditions as may be deemed advisable. Any lease may extend beyond the period fixed by law for leases made by fiduciaries and beyond the duration of the trust.
(C) Borrow money from others for any purpose connected with the protection, preservation or improvement of my estate or of the trust and as security to mortgage or pledge any real or personal property (including purchases on margin), alone or in conjunction with any co-owner of such property, whenever and upon such terms and conditions as may be deemed advisable.
(D) Vote in person or by proxy with respect to any securities; consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution or liquidation of any corporation; exercise conversion, subscription or other rights and make payment therefor, or sell or abandon such rights; and register any securities or other property in the name of a nominee or keep any part of them in such condition that they will pass by delivery.
(E) Renew, modify or extend the time of payment of any obligation, secured or unsecured, payable to or by my estate or the trust, or continue such obligation after maturity without renewal or extension, in such manner as may be deemed advisable; and pay, adjust, compromise, arbitrate, release or abandon claims or demands in favor of or against my estate or the trust, including the acceptance of real property in satisfaction of any obligation upon such terms as may be deemed advisable.
(F) Employ agents, attorneys and any other persons whose services may reasonably be required in connection with the administration of the trust from time to time; delegate authority when such delegation is advantageous to my estate or the trust; and pay reasonable compensation therefor.
(G) Pay all expenses, taxes, penalties or other charges and charge the same against principal or income or partly against the principal and partly against the income of the whole or any part of my estate or of the trust; and allocate or apportion gains and losses realized from the sale or other disposition of any asset as between principal and income and generally determine in case of doubt what is principal and what is income of the trust; provided that this discretion shall be exercised so as to balance fairly the interest of the income and remainderman beneficiaries of the trust.
(H) Enter into any transaction authorized hereunder with any beneficiary of my estate or the trust, with the Personal Representative of the estate of any beneficiary and with the Trustee of any trust created by any beneficiary, even though the beneficiary, Personal Representative or Trustee is also a Personal Representative or Trustee hereunder.
(I) Hold and retain the principal of the trust undivided until actual division shall become necessary in order to make distributions; hold, manage, invest and account for the several shares or parts thereof by appropriate entries on the books of account of the trust; and allocate to each share or part its proportionate part of all receipts and expenses.
(J) Make any division or distribution of my estate or of the trust in money or in other property, or partly in both, upon the basis of fair market values and to cause any share to be composed of money, property or undivided fractional shares in property different in kind from any other share, and for that purpose, determine the market value of any asset of my estate or of the trust on the basis of such information as may be deemed reliable. Any such decision shall be binding and conclusive upon all persons.
(K) Permit any beneficiaries of my estate or the trust to use any tangible personal property or real property without paying any rent, without giving any bond or security and without liability for any loss or damage. My Personal Representative and the Trustee shall not be liable or responsible for any injury to, consumption of, or loss of any such property so used.
(L) Receive additional property acceptable to the Trustee from any source and add such property to the trust or trusts as required by the person making the addition, or, in the absence of such directions, add such property equally to the trusts then in existence.
(M) Acquire or retain as an asset of the trust a life insurance policy on the life of any person to whom the income of the trust is payable, or on the life of any person in whom the income beneficiary has an insurable interest, from companies and in amounts deemed advisable; pay premiums on all insurance policies from income or principal or both; borrow money for the purpose of paying the premiums; elect any option, reduce the amount of, and convert or exchange any policy; permit the proceeds of any life insurance policy payable to the trust to remain with the insurance company under any option available under the terms of the policy; and all insurance shall be payable to and all incidents of ownership shall be vested in the trust. The Trustee may purchase with the proceeds of any policy payable upon the death of the insured under the policy, assets of the estate of the insured person at the market value of the assets at the time of purchase.
(N) Take charge of any real property as a part of the probate administration of my estate for such period as my Personal Representative shall determine; collect the income therefrom, if any; and pay the taxes and expenses thereof, including the cost of keeping such property in adequate condition and repair, in such manner and to such extent as my Personal Representative shall deem advisable.
(O) Improve, manage and protect any real property at any time forming a part of my estate or of the trust; contract respecting the manner of fixing the amount of present and future rentals; partition said property or any part thereof; grant easements or charges of any kind; carry insurance against such hazards, including public liability, in such amounts as may be deemed advisable; and establish out of income reserves for taxes, assessments, insurance, repairs, improvements, depreciation, obsolescence and general maintenance of buildings and other property, and for the equalization of payments to or for beneficiaries entitled to receive income, as may be deemed advisable.
(P) Execute and deliver any instruments which may be deemed advisable to carry out any of the foregoing powers. No person dealing with my Personal Representative or the Trustee shall be obligated to inquire into the validity of any action taken by them or be bound to see to the application of any money or other property paid or delivered to them.
(A) I appoint ____________________ as Personal Representative of my estate. If such individual shall fail to qualify or cease to act as Personal Representative, I appoint the following persons or bank or trust company as alternate or successor Personal Representative to serve in the order specified below, and if the first alternate Personal Representative shall fail to qualify or cease to act as Personal Representative, the second alternate Personal Representative shall serve as Personal Representative:
____________________ - First Alternate
____________________ - Second Alternate
To the extent permitted by law, my Personal Representative shall be authorized, in the discretion of my Personal Representative, to have my estate administered without adjudication, order or direction of the court having jurisdiction over my estate.
(B) I appoint ____________________ as Trustee of the trust herein created. If such individual shall fail to qualify or cease to act as Trustee, I appoint the following persons or bank or trust company as alternate or successor Trustee to serve in the order specified below, and if the first alternate Trustee shall fail to qualify or cease to act as Trustee, the second alternate Trustee shall serve as Trustee:
____________________ - First Alternate
____________________ - Second Alternate
(C) I appoint the following persons as guardian of the person and, if necessary, as conservator of the estate of each minor child of mine for the full period of the child's minority, with all the power and authority conferred by law upon guardians and conservators in the order specified below and if the first person named shall fail to qualify or cease to act as guardian or conservator of my minor children, the next person named shall serve as alternate or successor guardian or conservator of my minor children:
____________________ - First Guardian
____________________ - Second Guardian
(D) No bond or surety shall be required of any Personal Representative, Trustee, guardian or conservator serving hereunder.
(E) Throughout this Will the use of any gender shall be deemed to include all genders and the use of the singular the plural, and vice versa. The terms "child" and "descendant" shall include adopted persons and their descendants.
(F) Any Trustee may resign at any time by giving not less than twenty days' written notice to the adult and otherwise legally competent beneficiary or beneficiaries then entitled to the income from the trust or, if none, to the parent, guardian or conservator of each income beneficiary of the trust who is under disability. Such adult beneficiary or a majority in interest of the adult beneficiaries, as the case may be, then entitled to the income of the trust may remove any Trustee by written notice delivered to the Trustee not less than twenty days prior to the effective date of the removal. The person or persons to whom the notice of resignation is given or who exercise such power of removal, without the concurrence of and without liability to any other beneficiary, (i) may, on behalf of all beneficiaries, approve the accounts of and give a complete release and discharge to any resigned or removed Trustee, notwithstanding that their interests may possibly be or become adverse to those of other beneficiaries and, (ii) upon the resignation or removal of a corporate Trustee, shall appoint a bank or trust company having at least five full time trust officials, wherever situated, as successor corporate Trustee. Any resigned or removed Trustee shall deliver the trust assets under such Trustee's control to the successor Trustee and the successor Trustee is authorized and directed to accept such trust assets. No successor Trustee shall be liable or responsible for any act or default of any predecessor Trustee or for any loss or expense resulting from anything done or neglected to be done in the administration of the trust prior to becoming a Trustee or be required to inquire into or take any notice of the prior administration of the trust.
(G) An individual Trustee shall be deemed conclusively to have ceased to act as Trustee upon the successor Trustee receiving a written statement from a physician, to the effect that, in the physician's opinion, the individual Trustee is either not mentally able or not physically able to manage such Trustee's own financial affairs or when a guardian or conservator is appointed for the person or estate of the Trustee.
(H) The Trustee shall not be required to file inventories or interim or final accountings with any court and all statutory requirements with regard to filing of inventories and accountings are waived. The Trustee shall, however, render an accounting at least once each twelve months to each beneficiary entitled to current distributions from the trust (or to the legal or natural guardian of a beneficiary under a disability). The account shall show receipts, disbursements and distributions of principal and income since the last accounting and trust assets on hand at the time of the accounting. If no objection is made to an account, then ninety days after a copy of the account has been sent to such beneficiary or, if such beneficiary is under a disability, to such beneficiary's legal or natural guardian, such account shall be conclusively presumed to have been approved as to all actions reflected in the account.
(I) The Trustee may employ such investment counsel, advisers, custodians, agents and assistants as the Trustee shall deem advisable; confer with and receive the recommendations of the investment counsel and advisers; deposit all or any part of the trust estate with or in the custody of any custodian; delegate to the custodian, agent or assistant such authority, discretionary or otherwise, as the Trustee shall deem advisable; and pay reasonable compensation for and expenses of investment counsel, advisers, custodians, agents and assistants out of income or out of principal, or in part out of each. The Trustee shall not be liable for any loss to the trust as a result of a deposit with a custodian, or for any wrongful act or omission of investment counsel, adviser, custodian, agent or assistant employed in good faith.
(J) At the date of execution hereof, I have the following children who are now living: ____________________
I sign this Will on ________________________.
Signed, sealed, published and declared by the above named testator as and for the testator's last will and testament, in the presence of the undersigned who, at the testator's request, in the testator's presence and in the presence of each other, have hereunto subscribed our names as witnesses.
_________________________________ of ________________________________________
_________________________________ of ________________________________________
_________________________________ of ________________________________________
State of _______________________ )
County of _____________________ )
I, the undersigned, a notary public, certify that ____________________, Testator, and the witnesses whose names are signed to the foregoing instrument, having appeared together before me and having been first duly sworn, each then declared to me that Testator executed the instrument as Testator's Will; that Testator had willingly signed; that Testator executed it as Testator's free and voluntary act for the purposes therein expressed; that each of the witnesses, in the presence and hearing of Testator and each other, signed the Will as witness; and that, to the best of the knowledge of each, Testator was at that time over seventeen years of age, of sound mind, and under no constraint or undue influence.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year last above written.
My commission expires: ________________