PROPERLY STRUCTURED ESTATE PLAN
(Husband) (witey
Community Asset
Financial Durable “
tome Property Assignment ay
Power of Attorney eel ad Power of Attomey
Pour-Over Will Pour-Over Will
‘ourOver Will ty ‘
Funding Revocable
Living Trust
Advance Health Certification of Revocable Advance Health
Care Directive Living Trust Care Directive
(cating Diestive to (cluding Dietive to
Prricias) Prosicians)
'
Beneficiaries
Your portfolio includes all of the above documents. Revocable Living Trust - permits you to eliminate probate and
optimize estate tax law. Finaneial Durable Power of Attorney - outlines and gives someone authority to manage
your financial affairs if you are unable to do so. Advance Health Care Directive - also referred to as Health Care
Durable Power of Attorney in some states, outlines and gives someone authority to make decisions about your health
care if you are unable to do so. Directive to Physicians - outlines your wishes about continuing life support care,
Pour Over Will - acts to direct assets to the trust if you neglect to transfer title to your living trust during your
lifetime. Community Property Agreement (only provided for customers who live in community property sates) -
clarifies who owns what at the time the trust document is established and establishes property available for full step-
up in basis, Funding Documents - transfers ownership of your assets to your Revocable Living Trust
Certification of Revocable Living Trust -@ summary or short version of your Revocable Living Trust document
to facilitate transferring your assets."THIS COPY IS NOT TO BE USED AS A LEGAL DOCUMENT...THIS COPY IS NOT TO BE USED AS A LEGAL DOCUMENT.
B. Invasion of Principal: If the payments from these Trusts to which the Surviving
Grantor may be entitled to receive, together with income from any and all additional sources to
which the Surviving Grantor is entitled to receive, of which the Trustee has actual knowledge, shall,
in the discretion of the Trustee, be insufficient to provide for the education, health, support and
maintenance of the Surviving Grantor, the Trustee may, upon the written request of the Surviving
Grantor, pay to, or apply for, the benefit of the Surviving Grantor, so much of the principal, up to
and including the whole of the respective Trust, as the Trustee may deem advisable, provided,
however, that: (1) the Surviving Grantor shall have no withdrawal rights under these provisions
during any calendar year in which the Surviving Grantor is not alive on the last day af the ealendar
year, but the written request may be delivered in advance; (2) the right to request a withdrawal in
a calendar year shall lapse at 6 p.m. on the last day of the calendar year. Any request delivered to
the Trustee after that time shall be void. Time is of the essence; and (3) the maximum amount that
may be withdrawn under this provision in any calendar year is the greater of $5,000 or five percent
(5%) of the value of the principal of the “B” Trust, determined as of the close of business on the last
day of the calendar year. The Trustee may delay actual distribution for a reasonable time. If the
Surviving Grantor fails to survive until actual distribution, the distribution shall be paid to such
person or entity as the Surviving Grantor has directed, if any, and otherwise to the Surviving
Grantor's estate. Any such directive must be signed by the Surviving Grantor and delivered to the
Trustee during the Surviving Grantor's lifetime.
C, Independent Co-Trustees: All of the foregoing notwithstanding, no payment of
principal from the “B” Trust that is in excess of the greater of $5,000 or five percent (5%) of the
value of the principal of the “B” Trust estate shall be made to the Surviving Grantor in any calendar
year while the Surviving Grantor is acting as sole Trustee of this Trust. Not until the appointment
of an independent Co-Trustee, (Independent Co-Trustee is defined as one who is not a spouse living
with the Surviving Grantor, related to, or a subordinate party of, the Surviving Grantor, or one who
is subservient to the Surviving Grantor's wishes within the meaning of section 674 (¢) of the Internal
Revenue Code or any successor to that section), who shall serve with the Surviving Grantor, will
payments from the principal of the “B” Trust be made to the Surviving Grantor in any calendar year
that are in excess of the greater of $5,000 or five percent (5%) of the value of the principal of the “B”
‘Trust estate. The Independent Co-Trustee shall have the sole discretion and the exclusive power
regarding the distributions from the principal of the “B” Trust to the Surviving Grantor that in any
calendar year are in excess of the greater of $5,000 or five percent (5%) of the value of the prineipal
of the “B” Trust estate, The independent Co-Trustee shall be selected by the Surviving Grantor, or
anyone having power of attorney for this purpose for the Surviving Grantor, and aeceptance of the
Co-Trustee shall be evidenced by a notarized written acknowledgment.
All Trustees shall exercise their discretion in such a manner as to Trust "B" so that assets of
Trust "B" will be used primarily for the education, health, support, and maintenance of the Surviving
Grantor,
1.042 Upon the Death of the Surviving Grantor:
A. Payment of Debts, Funeral Expenses, and Taxes: Upon the death of the Surviving
Grantor, the Successor Trustee may, in the Successor Trustee's absolute and sole discretion, pay out
of the principal of Trust "B" the Surviving Grantor's last illness and funeral expenses, attorney fees,
17 Revocable Living Trust