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	<title>Get Free Legal Forms &#187; Estate</title>
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		<title>Assignment of Estate</title>
		<link>http://www.getfreelegalforms.com/assignment-of-estate/</link>
		<comments>http://www.getfreelegalforms.com/assignment-of-estate/#comments</comments>
		<pubDate>Thu, 02 Apr 2009 15:41:46 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Assignment of Estate]]></category>
		<category><![CDATA[Assignment of Estate Form]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=773</guid>
		<description><![CDATA[Assignment of Estate I, _________________________, referred to as HEIR, herewith unconditionally assigns all of my right, title and interest in an expectancy of to the estate of _________________________ to _________________________, referred to as ASSIGNEE, under the terms and conditions stated herein. Said assignment is made without guarantee of the specific amount, if any, to be [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Assignment of Estate</strong></p>
<p>I, _________________________, referred to as HEIR, herewith unconditionally assigns all of my right, title and interest in an expectancy of to the estate of _________________________ to _________________________, referred to as ASSIGNEE, under the terms and conditions stated herein.</p>
<p>Said assignment is made without guarantee of the specific amount, if any, to be received from the estate.</p>
<p>The ASSIGNEE shall withhold and pay, and fully indemnify   the HEIR from all federal, state or other applicable government taxes on the legacy owed by HEIR, including gift tax. Upon request ASSIGNEE shall provide HEIR with an opinion of counsel acceptable to HEIR that such liabilities have been satisfied.</p>
<p>Dated: ____________________</p>
<p>________________________________________<br />
Heir</p>
<p>________________________________________<br />
Assignee<br />
<strong></strong></p>
<p><strong>Assignment of Estate<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist you in its preparation.  This form is typically used to acquire a loan or payment from another party.</p>
<p>1. Make multiple copies.  Keep one with the transaction file.  Give one to each signatory.<br />
2. If this is for securing a loan, be sure to provide appropriate language that all overages (above what is owed) are returned to the Heir.</p>
]]></content:encoded>
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		</item>
		<item>
		<title>Personal Information Form for Trust Preparation</title>
		<link>http://www.getfreelegalforms.com/personal-information-form-for-trust-preparation/</link>
		<comments>http://www.getfreelegalforms.com/personal-information-form-for-trust-preparation/#comments</comments>
		<pubDate>Thu, 26 Feb 2009 16:43:29 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Personal Information Form]]></category>
		<category><![CDATA[Trust Preparation Form]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=802</guid>
		<description><![CDATA[Personal Information Form for Trust Preparation Dated: __________________ Banking accounts: Certificates of deposit: Stock Brokers: Stocks not held by brokers: Parcels of real estate owned: Mortgages/liens against the real estate: C.P.A/Tax preparer: Powers of attorney given to: Debts owed me: Litigation in which I am a party: Attorney handling such litigation: Burial plot and information [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Personal Information Form for Trust Preparation</strong></p>
<p>Dated: __________________</p>
<p>Banking accounts:<br />
Certificates of deposit:<br />
Stock Brokers:<br />
Stocks not held by brokers:<br />
Parcels of real estate owned:<br />
Mortgages/liens against the real estate:<br />
C.P.A/Tax preparer:<br />
Powers of attorney given to:<br />
Debts owed me:<br />
Litigation in which I am a party:<br />
Attorney handling such litigation:<br />
Burial plot and information regarding pre-paid burial plans:<br />
Safe deposit boxes:<br />
Life insurance policies:<br />
Annuities:<br />
Partnership interests:<br />
Debts which I owe:<br />
Persons jointly responsible for these debts, if any:<br />
Location of other valuables:<br />
Location of will/living trust:<br />
Location of other important documents:<br />
Special instructions:</p>
<p>Copies of the foregoing have been added to this file as exhibits.</p>
<p><strong>Personal Information Form for Trust Preparation<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist you in its preparation.  You should fill out a personal information form for each member of your family and, if possible, include the related documents.  This project should be undertaken as a first draft; followed up upon at a later point so the task is not too daunting.  With the idea that any information provided is better than none, get to work on this promptly, at least as a first cut to the problem.</p>
<p>1. Make a copy.  Update it once a year on a known anniversary date (e.g., birthday; January 1).<br />
2. Keep a copy with your will/estate plan information.  Give a copy to your spouse, if you have one.</p>
]]></content:encoded>
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		</item>
		<item>
		<title>Request for Notice of Filing of Estate or Probate Proceedings</title>
		<link>http://www.getfreelegalforms.com/request-for-notice-filing-estate-probate-proceedings/</link>
		<comments>http://www.getfreelegalforms.com/request-for-notice-filing-estate-probate-proceedings/#comments</comments>
		<pubDate>Fri, 23 Jan 2009 17:51:25 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Request for Notice of Filing of Estate or Probate]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=806</guid>
		<description><![CDATA[Request for Notice of Filing of Estate or Probate Proceedings _______________________ requests that the Clerk of this Court advise the undersigned if any estate proceeding is filed regarding ______________________. This notice should be sent to: ______________________ ______________________ ______________________ Dated: _____________ _________________________________________________ Requester cc Executor and/or Lawyer (s) concerned (elective—see Review List below) Request for Notice [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Request for Notice of Filing of Estate or Probate Proceedings</strong></p>
<p>_______________________ requests that the Clerk of this Court advise the undersigned if any estate proceeding is filed regarding ______________________.</p>
<p>This notice should be sent to:<br />
______________________<br />
______________________<br />
______________________</p>
<p>Dated: _____________</p>
<p>_________________________________________________<br />
Requester</p>
<p>cc Executor and/or Lawyer (s) concerned (elective—see Review List below)</p>
<p><strong>Request for Notice of Filing of Estate or Probate Proceedings<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist you in its preparation.  This notice is usually filed to keep an heir or potential heir properly informed about the state of the Estate they are concerned with.  The filing of this type of notice can be done with any estate but is usually done under adversarial circumstances.  If this is the case, you are also well advised to let the lawyers and/or executors see a copy so they are fully on notice as to your concerns.</p>
<p>1. Make multiple copies.  Give one to each appropriate party as suggested above.  Keep one with the transaction file.</p>
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		<item>
		<title>Revocation of Wills – Codicils</title>
		<link>http://www.getfreelegalforms.com/revocation-of-wills-codicils/</link>
		<comments>http://www.getfreelegalforms.com/revocation-of-wills-codicils/#comments</comments>
		<pubDate>Tue, 13 Jan 2009 17:08:23 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Revocation of Codicils]]></category>
		<category><![CDATA[Revocation of Wills]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=813</guid>
		<description><![CDATA[Revocation of Wills – Codicils I, _______________, herewith revoke all previous wills and codicils. Dated: _______________________ _________________________________________________ Signer We, the undersigned, witnessed the execution of this document by _______________, and _______________ expressed to us that this document expressed their desires. ___________________________________ Dated: ________________ Witness 1 ___________________________________ Dated: ________________ Witness 2 ___________________________________ Dated: ________________ Witness 3 [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Revocation of Wills – Codicils</strong></p>
<p>I, _______________, herewith revoke all previous wills and codicils.</p>
<p>Dated: _______________________</p>
<p>_________________________________________________<br />
Signer</p>
<p>We, the undersigned, witnessed the execution of this document by _______________, and _______________ expressed to us that this document expressed their desires.</p>
<p>___________________________________ Dated: ________________<br />
Witness 1</p>
<p>___________________________________ Dated: ________________<br />
Witness 2</p>
<p>___________________________________ Dated: ________________<br />
Witness 3</p>
<p>STATE OF ______________<br />
COUNTY OF _____________</p>
<p>Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared:</p>
<p>_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>who after being having duly sworn or affirmed to tell the truth, stated:</p>
<p>1. That ______________ declared this instrument to be the revocation of wills – and Codicils as stated above.<br />
2.  That ______________ signed this instrument in their presence.<br />
3.  That the witnesses signed as witnesses in the presence of ______________ and each other.<br />
4.  That ______________ is well known to the witnesses, and the witnesses believe ______________ to be of lawful age, of sound mind and under no undue influence or constraint.</p>
<p>______________________________________________________________<br />
Notary<br />
My Commission Expires: _________________________<br />
<strong></strong></p>
<p><strong>Revocation of Wills – Codicils<br />
Review List</strong></p>
<p>This document is provided to inform you about this document and assist you in its preparation.  A revocation typically occurs when someone wishes to extinguish an old will due to a change in beneficiaries.   Such circumstances typically occur after a divorce, remarriage, or similar change in situation.</p>
<p>1. Make multiple copies.  Keep one in a home safe.  Give one to your lawyer, if you have one.  Give one to your spouse.</p>
]]></content:encoded>
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		<item>
		<title>Estate Oath in front of Notary</title>
		<link>http://www.getfreelegalforms.com/estate-oath-in-front-of-notary/</link>
		<comments>http://www.getfreelegalforms.com/estate-oath-in-front-of-notary/#comments</comments>
		<pubDate>Sat, 27 Dec 2008 00:10:06 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Estate Oath in front of Notary]]></category>
		<category><![CDATA[Estate Oath in front of Notary Form]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=789</guid>
		<description><![CDATA[Estate Oath in front of Notary ________________________________ Address: ______________________________________________________ STATE OF __________________ COUNTY OF _________________ Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared: ___________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ who after being having duly sworn or affirmed to tell the truth, stated: 1.  That ___________________________ declared this instrument to be their [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Estate Oath in front of Notary</strong></p>
<p>________________________________</p>
<p>Address: ______________________________________________________</p>
<p>STATE OF __________________</p>
<p>COUNTY OF _________________</p>
<p>Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared: ___________________________</p>
<p>_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>who after being having duly sworn or affirmed to tell the truth, stated:</p>
<p>1.  That ___________________________ declared this instrument to be their last will and testament to the witnesses.</p>
<p>2.  That ___________________________ signed this instrument in their presence.</p>
<p>3.  That the witnesses signed as witnesses in the presence of _______________________ and each other.</p>
<p>4.  That ___________________________ is well known to the witnesses, and the witnesses believe ___________________________ to be of lawful age, of sound mind and under no undue influence or constraint.</p>
<p>______________________________________________________________<br />
Notary<br />
My Commission Expires: _________________________</p>
<p><strong>Estate Oath in front of Notary<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist you in its preparation.  This is a formal document for a notary to attest to specific declarations of the people appearing before him or her.  It is more thorough than most notary declarations and therefore more effective, an important factor in wills and estates.</p>
<p>1.  Make multiple copies.  Give one to each party.  Keep one with the Estate file.</p>
]]></content:encoded>
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		<item>
		<title>Employment Benefits Request, by Executor</title>
		<link>http://www.getfreelegalforms.com/employment-benefits-request-by-executor/</link>
		<comments>http://www.getfreelegalforms.com/employment-benefits-request-by-executor/#comments</comments>
		<pubDate>Tue, 23 Dec 2008 17:22:15 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Employment Benefits Request by Executor]]></category>
		<category><![CDATA[Employment Benefits Request Form]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=787</guid>
		<description><![CDATA[Employment Benefits Request, by Executor RE: Estate of ________________________. Official Date of Death: Social Security Number: Dear Sir or Madam: I am the Executor in the estate of the Decedent named above, and have included the proper information to indicate my role. It is my understanding that the Decedent was an employee with your organization. [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Employment Benefits Request, by Executor</strong></p>
<p>RE: Estate of ________________________.<br />
Official Date of Death:<br />
Social Security Number:</p>
<p>Dear Sir or Madam:</p>
<p>I am the Executor in the estate of the Decedent named above, and have included the proper information to indicate my role.</p>
<p>It is my understanding that the Decedent was an employee with your organization.</p>
<p>Please provide me with the following information where applicable.  In addition, please furnish a list of required documentation that I will need in order to claim the benefits.<br />
A.    Group Life Insurance:<br />
B. Compensation:</p>
<p>C.    Pension, Profit-sharing, and 401 (k) payments or other Retirement plans or options:</p>
<p>1.    Whether the plan is contributory or non-contributory.<br />
2.    If contributory, the amount of total employer/employee contributions and earnings.<br />
3.    Whether payable in lump sum or installments.<br />
4.    Whether any of the benefit payments represent life insurance proceeds and if so, the amount of life insurance proceeds and its cash surrender value at date of death.<br />
5.    Whether the plan is exempt under Section 401 (a) of the Internal Revenue Code.<br />
6.    Name, address, and phone number of the plan administrator, if any.<br />
7. Any other information you believe may be helpful or productive in conserving the estate of your former employee.</p>
<p>It would also be helpful if you would send me information about any close personal contact Decedent may have had at work who may reveal unrelated information to assist me in my role as Executor.  It would also be helpful if you could send me pertinent information from Decedent’s personnel file regarding past places of employment and other details that might shed light on my mission as Executor.  All help you can provide will be much appreciated by the Decedent’s family and heirs.  Thank you in advance for you help in this troubled time for the Decedent’s family.</p>
<p>Please contact me if you have any suggestions, questions, or need additional information of any kind!</p>
<p>With best regards,                    Date: ________________</p>
<p>_______________<br />
Executor<br />
<strong></strong></p>
<p><strong>Employment Benefits Request, by Executor<br />
Review List</strong></p>
<p>This review list is provided to inform you about the document in question and assist you in its preparation.  This letter to the former employer of Decedent is a sales letter intended to get maximum cooperation.  If any assets are misplaced, or inadvertently hidden, employee records and close personal contacts at work may well help you uncover them.  This is especially true if the Decedent was still employed by the firm upon his or her death.  In that case, time is of the essence to get this letter out promptly when the Decedent’s death is still freshly in mind at his or her former company.</p>
<p>You should follow similar advice as was given in the Account Letter, for the Executor.  One difference here is you want to uncover past places of employment to send them letters to see if Decedent has any financial rights due to employment or because of contributions at those firms.  Remember that small sums of money invested in almost anything a long time ago become big sums many years later.  Former employers may be the direct or indirect custodians of funds or accounts such as those.</p>
<p>Be sure to follow up with the official name as appears on Decedent’s Social Security forms because this will undoubtedly be the name under which these kinds of assets reside.  Be sure to include the Decedent’s AKA’s (also known as) names, which includes nick names or the exclusion of a first or middle name or initial.  I, for example, go by “Deaver Brown” but my legal name is “David Deaver Brown.”  That difference only causes confusion among distant contacts or financial institutions—or the occasional telemarketer who calls for “Dave.”  So, be sure to give the recipient of this and other account letter all the choices to track down.</p>
<p>A special point about AKA’s applies to women, especially those married at least twice.  They may have rights under their former husband’s names, may have accounts listed with all kinds of combinations of their first names and last name, and various other points of confusion.  So, be sure to follow through on this because the widow of recent years with a seemingly stable use of her name may have gone by many others in her earlier days, and money may be parked in those names.</p>
<p>1. Sign the letter.  Keep a copy for follow-up.  Keep a phone log of all conversations so you can refresh your memory when new facts emerge, if they emerge.</p>
<p>2.  Again, remember, common sense says that the larger the potential estate, the more prone it will be to have productive assets that need to be found.  This is especially true if the individual, or their spouse, was speculative or entrepreneurial by nature.</p>
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		<item>
		<title>Last Will and Testament</title>
		<link>http://www.getfreelegalforms.com/last-will-and-testament/</link>
		<comments>http://www.getfreelegalforms.com/last-will-and-testament/#comments</comments>
		<pubDate>Sun, 14 Dec 2008 18:23:25 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Last Will and Testament]]></category>
		<category><![CDATA[Last Will and Testament Form]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=794</guid>
		<description><![CDATA[Last Will and Testament I, ______________, residing at _________, ___________, being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my last will and testament. II. I hereby revoke all previous wills and codicils. III. I direct that the disposition of my remains be as [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Last Will and Testament</strong></p>
<p>I, ______________, residing at _________, ___________, being of sound mind and in the contemplation of the certainty of death, do hereby declare this instrument to be my last will and testament.</p>
<p>II.</p>
<p>I hereby revoke all previous wills and codicils.</p>
<p>III.</p>
<p>I direct that the disposition of my remains be as follows:<br />
_________________________________________________________________</p>
<p>IV.</p>
<p>I give all the rest and residue of my estate to my spouse, ________________________, should they survive me for 60 days. If my spouse, ______________________________, does not survive me, I give all the rest and residue of my estate to ____________________. If neither _____________________________ nor ___________________ survives me, I give all the rest and residue of my estate to my heirs as determined by the laws of the State of ____________, relating to descent and distribution.</p>
<p>V.</p>
<p>I appoint __________________, to act as the executor of this will, to serve without bond. Should __________________ be unable or unwilling to serve, then I appoint ______________ to act as the executor of this will.</p>
<p>I herewith affix my signature to this will on this the ____________ day of ____________, 19___ at ________________________________________, in the presence of the following witnesses, who witnessed and subscribed this will at my request, and in my presence.</p>
<p>ATTESTATION CLAUSE</p>
<p>On the date above written, ______________, well known to us declared to us, and in our presence, that this instrument, consisting of _____ pages, is their last will and testament, and ______________, then signed this instrument in our presence, and at ______________’s request we now sign this will as witnesses in each other’s presence. Further that ______________, appeared to us to be of sound mind and lawful age, and under no undue influence.</p>
<p>Witness:</p>
<p>_______________________________________________________________</p>
<p>Address: ______________________________________________________</p>
<p>Witness:</p>
<p>_______________________________________________________________</p>
<p>Address: ______________________________________________________</p>
<p>Witness:</p>
<p>_______________________________________________________________</p>
<p>Address: ______________________________________________________</p>
<p>STATE OF ______________<br />
COUNTY OF _____________</p>
<p>Before me, the undersigned authority authorized to take acknowledgments and administer oaths, personally appeared:<br />
_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>_______________________________________________________________</p>
<p>who after being having duly sworn or affirmed to tell the truth, stated:<br />
1.  That ______________ declared this instrument to be their last will and testament to the witnesses.<br />
2.  That ______________ signed this instrument in their presence.<br />
3.  That the witnesses signed as witnesses in the presence of ______________ and each other.<br />
4.  That ______________ is well known to the witnesses, and the witnesses believe ______________ to be of lawful age, of sound mind and under no undue influence or constraint.</p>
<p>______________________________________________________________<br />
Notary<br />
My Commission Expires: _________________________<br />
<strong></strong></p>
<p><strong>Last Will and Testament<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist in its preparation.  This is a simple will and useful for that reason.  Be sure to complete this if you have no other will.  This provides a wonderful starting point.  To take pressure off yourself, make a new will at the same time you have to renew your driving license.  Consider it an ongoing process so you don’t try to anticipate all future events.  Just take care of the next 3 to 5 years and then do a new will.   You can give no greater gift to your heirs, should you die early, than to have a will in place to avoid all the problems of dying without one.</p>
<p>1. Have three witnesses witness your signing.  Have a notary witness the signatures.  This covers the requirements of all states and insures your heirs do not have a problem if state laws change, which they do.<br />
2. Make multiple copies.  Keep one in a home safe.  Keep one off premises.  Give your spouse a copy or the person closest to you.<br />
3. Note that we have only provided one Last Will and Testament form.  This is done because we can only provide the skeleton of the document.  The most important step is to enact it.  Then it is up to you to provide for the level of specificity you desire.  Rather than attempt to present a variety of wills for your review, we believe it simpler to provide a standard will and advise you to seek legal counsel if you want to make it too much more complex.  In addition, remember to reduce your stress consider doing a will that will cover just the next few years, as suggested above, and then modify it to fit your later circumstances such as having children or your children leaving home.</p>
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		<item>
		<title>Revocable Trust</title>
		<link>http://www.getfreelegalforms.com/revocable-trust/</link>
		<comments>http://www.getfreelegalforms.com/revocable-trust/#comments</comments>
		<pubDate>Sun, 14 Dec 2008 18:18:09 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Revocable Trust]]></category>
		<category><![CDATA[Revocable Trust Form]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=808</guid>
		<description><![CDATA[Revocable Trust ______________, referred to herein as SETTLOR, and _____________, referred to herein as TRUSTEE, (the singular term “TRUSTEE” shall refer to multiple TRUSTEES if multiple TRUSTEES are appointed) in consideration of the covenants and undertakings herein agree: ARTICLE I CONVEYANCE OF PROPERTY TO THE TRUSTEE SETTLOR herewith assigns and conveys to the TRUSTEE, the [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Revocable Trust</strong></p>
<p>______________, referred to herein as SETTLOR, and _____________, referred to herein as TRUSTEE, (the singular term “TRUSTEE” shall refer to multiple TRUSTEES if multiple TRUSTEES are appointed) in consideration of the covenants and undertakings herein agree:</p>
<p>ARTICLE I<br />
CONVEYANCE OF PROPERTY TO THE TRUSTEE<br />
SETTLOR herewith assigns and conveys to the TRUSTEE, the property described in Exhibit “1” hereto. All of said property, together with any income, accessions and additions herein, shall be held by the TRUSTEE in trust for the purposes set forth in this revocable living trust.</p>
<p>ARTICLE II<br />
REVOCATION<br />
SETTLOR hereby reserves the right to revoke this trust at any time, by written instrument. Revocation shall be effective upon mailing or delivery to the TRUSTEE of a notice of revocation.<br />
TRUSTEE may resign upon ____ days prior written notice to the SETTLOR. For purposes of this agreement, notices shall be delivered as follows:</p>
<p>TO SETTLOR<br />
____________________________<br />
____________________________<br />
____________________________</p>
<p>TO TRUSTEE<br />
___________________________<br />
___________________________<br />
___________________________</p>
<p>ARTICLE III<br />
SUCCESSORS TO THE TRUSTEE.  ADDITIONAL TRUSTEES<br />
The SETTLOR during his lifetime may from time to time add additional TRUSTEES by notice to the then existing TRUSTEES. In the event there are multiple TRUSTEES, the majority shall in any matter in which the TRUSTEES disagree control. In the event that the TRUSTEES are evenly divided in the actions to be taken, the TRUSTEE with the longest tenure of service shall cast an additional vote to determine the matter.</p>
<p>In the event that any TRUSTEE resigns or is unwilling or incapable of acting, during the SETTLOR’s lifetime, the SETTLOR shall name additional or replacement TRUSTEES. After the SETTLORS death, _____________ shall name the replacements for any TRUSTEES who resign or are unwilling or incapable of acting. If ________ _______ is unwilling or incapable of acting, _____________ shall name the same. In the event that _____________ shall be unwilling or incapable of acting, the Court having jurisdiction over estates and trusts, located in ________ County, State of _________ shall name the successor TRUSTEES.</p>
<p>ARTICLE IV<br />
WITHDRAWALS BY SETTLOR<br />
The SETTLOR may from time to time withdraw any portion of the corpus of the trust (whether capital or interest) by written notice to the TRUSTEE. The TRUSTEE shall be acquitted of all further responsibility for any assets so delivered upon receipt by the SETTLOR.</p>
<p>ARTICLE V<br />
POWERS OF THE TRUSTEE<br />
The TRUSTEE shall have the power to do all acts, institute all proceedings and exercise all rights, powers and privileges that an absolute owner of the trust property would have, subject always to the discharge of trustee’s fiduciary responsibilities.</p>
<p>I further direct that the TRUSTEE shall act without bond.  Further, this TRUST shall be administered without the necessity for an administration thereof to be through the court system.<br />
No entity dealing with the TRUSTEE shall be required to investigate or to confirm the TRUSTEE’s authority to enter into any transaction or to administer the application of the proceeds of any transaction.</p>
<p>ARTICLE VI<br />
COMPENSATION OF TRUSTEE<br />
If the TRUSTEE is an individual, then the TRUSTEE shall serve without compensation, but with reimbursement for reasonable and ordinary expenses. Nevertheless, the TRUSTEE if an attorney shall be entitled to compensation for legal services rendered to the trust, or if an accountant, for accounting services rendered to the trust.</p>
<p>If the TRUSTEE is a corporation or banking entity, it shall be entitled to customary, reasonable and ordinary charges and expenses incurred in rendering services to the estate.</p>
<p>ARTICLE VI<br />
DISPOSITION OF TRUST PROCEEDS<br />
After paying the necessary expenses incurred in the management and investment of the trust estate, including compensation as provided for herein, the TRUSTEE shall accumulate the same during the lifetime of the SETTLOR.</p>
<p>After SETTLOR’s death the TRUSTEE shall distribute the net income of the TRUST the following manner:<br />
_________________________________________________________________</p>
<p>Should any beneficiary named above die, the TRUSTEE shall distribute the net income to the lineal descendants of the beneficiary. If any beneficiary dies and is not survived by lineal descendants, the distributions from the TRUST shall be adjusted to pro-rata increase all other shares.</p>
<p>ARTICLE VII<br />
INVASION OF PRINCIPAL<br />
After SETTLOR’s death, the TRUSTEE may apply so much of the principal of the trust for the use of the beneficiaries at such time or times as in trustee’s discretion TRUSTEE may deem advisable for their health, education, support and maintenance.  Any amounts so applied to the use of any beneficiary shall be charged against, or deducted from, the principal of any share then or thereafter set apart for said beneficiary.</p>
<p>ARTICLE VIII<br />
NON-ASSIGNABILITY OF THE TRUST PROCEEDS<br />
The interest of the beneficiaries of this trust shall not be assignable, and beneficiaries shall not have the right to pledge, assign, convey, or otherwise transfer, lien or encumber any portion of the income or principal of the trust. All payments provided for by the beneficiaries herein shall be made directly to them or their guardians as is provided herein.</p>
<p>ARTICLE VIII<br />
DISTRIBUTIONS TO MINOR OR INCOMPETENT BENEFICIARIES<br />
The TRUSTEE in his discretion may make payments of income or principal to any minor or incompetent beneficiary by paying the same to the minor or incompetent’s guardian, or to the person having control over the minor or incompetent, or by direct expenditure for the benefit of the minor or incompetent. However, the TRUSTEE may also pay an allowance in such amount as he may fit from time to time to the minor or incompetent. Further, in the discretion of the TRUSTEE the distributions for a minor or incompetent beneficiary may be accumulated and shall thereupon be paid to the minor or incompetent upon their disability being removed. Any payment under this Section shall operate as a full discharge of the TRUSTEE as to such payment.</p>
<p>ARTICLE VIII<br />
ACCOUNTINGS<br />
The TRUSTEE shall, after the death of the SETTLOR provide a semi-annual accounting to all competent, adult beneficiaries detailing the transactions, if any, of the trust. The same shall not be required to be audited, although the TRUSTEE may, in his sole discretion, may cause an audit to be performed from time to time.</p>
<p>ARTICLE IX<br />
LIQUIDATION OF TRUST<br />
If at any time the total of the principal and income of the trust is less than $ __________, the TRUSTEE, may in his absolute discretion, close out the trust by paying the proportionate shares of each beneficiary to them. The TRUSTEE shall at that time deliver a final accounting to each beneficiary. Upon payment, the TRUSTEE shall be discharged from all further duties.</p>
<p>ARTICLE X<br />
PERPETUITIES SAVINGS CLAUSE<br />
Notwithstanding anything to the contrary herein contained, the trust created by this agreement shall cease and terminate as is provided in Section IX, 21 years after the death of the last survivor of trustors and all issue of trustors living at the date of this agreement.</p>
<p>ARTICLE XI<br />
DISTRIBUTION OF DIVISION IN KIND<br />
On any distribution from the trust, whether it be an ordinary distribution or one of principal, or a final distribution, the TRUSTEE may apportion and allocate the assets of the trust estate in cash and partly in kind, in TRUSTEE’s discretion. The valuation, whether based on an appraisal, or not, made by the TRUSTEE shall be binding on the beneficiaries.</p>
<p>ARTICLE XII<br />
LITIGATION OR COMPROMISE OF CLAIMS<br />
The TRUSTEE may compromise, or abandon, at TRUSTEE’s option any claim or claim against the trust, or subject the same to arbitration. Or, the TRUSTEE, in his absolute discretion, may litigate any claim in favor of or against the estate.</p>
<p>ARTICLE XIII<br />
NOTICE OF EVENTS<br />
Until the TRUSTEE receives notice of any death, birth, marriage, or other event on which the right to receive distributions is based, the TRUSTEE shall incur no liability for any disbursements or distributions made in good faith. This clause shall not prevent the TRUSTEE from seeking restitution of any payments made in error in his discretion.</p>
<p>ARTICLE XIV<br />
DEFINITIONS- GOVERNING LAW<br />
The words “child”, “children”, “descendants” and “issue” shall include children legally adopted and the lawful descendants of such adoptees.<br />
This trust shall be governed by the laws of _________.</p>
<p>ARTICLE XV<br />
SEVERABILITY<br />
If any provision herein is found by a court of competent jurisdiction to be invalid, the remainder shall govern.</p>
<p>Dated: _______________________________</p>
<p>___________________________________________________</p>
<p>STATE OF _________<br />
COUNTY OF _________</p>
<p>________________, being duly sworn states that they executed this instrument for the purposes stated herein.</p>
<p>___________________________________________________<br />
Notary Public<br />
My Commission Expires: ___________________</p>
<p><strong>Revocable Trust<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist you in its preparation.  This is a standard revocable trust document.  Feel free to modify it to suit your purposes.</p>
<p>1. Make multiple copies.   Keep extras for filing with any registry of deeds if required.  Keep a copy with the transaction file.</p>
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		<title>Life Insurance Policy, Collection by Executor</title>
		<link>http://www.getfreelegalforms.com/life-insurance-policy-collection-by-executor/</link>
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		<pubDate>Wed, 10 Dec 2008 18:40:45 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Collection by Executor]]></category>
		<category><![CDATA[Life Insurance Policy]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=796</guid>
		<description><![CDATA[Life Insurance Policy, Collection by Executor Re: Estate of: ___________________ Date of Death: __________________ Social Security Number: __________ To Whom It May Concern: I am the Executor of the Decedent named above.  I believe that the Decedent owned a life insurance policy or policies with your company but I do not know the policy number [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Life Insurance Policy, Collection by Executor</strong></p>
<p>Re: Estate of: ___________________<br />
Date of Death: __________________<br />
Social Security Number: __________</p>
<p>To Whom It May Concern:</p>
<p>I am the Executor of the Decedent named above.  I believe that the Decedent owned a life insurance policy or policies with your company but I do not know the policy number (s).  Please check your records and send me any information you may have regarding any such policies.  Please furnish me with your claim forms, a list of requirements for payment of the policy proceeds, the IRS Form 712 for use in the preparation of estate tax returns, and any other information you believe would be helpful to me as experts in the field.</p>
<p>It appears that the Decedent may have also owned a partial or whole interest in a policy on another person whose identity is unknown to me.  Please send me the necessary information and forms to cash in the Decedent&#8217;s interest in this policy.  Forward the IRS Form 712, completed as of the Decedent&#8217;s date of death, for use in the preparation of estate tax returns and a Change of Beneficiary Designation form.</p>
<p>Thank your for your prompt attention to this matter.  Please advise me of anything else you think would be useful to your former client’s Estate.<br />
Please contact me if you have any other questions or need additional information.<br />
Thank you in advance for your prompt assistance.<br />
With best regards,<br />
__________________                Date: ____________________<br />
Executor<br />
<strong></strong></p>
<p><strong>Life Insurance Policy, Collection by Executor<br />
Review List</strong></p>
<p>This review list is provided to inform you about this document in question and assist you in its preparation.  Seeking out insurance policies is a basic function of an Executor.  If you know the policy number, furnish it in the letter.  You should still leave the question open about other possible policies.  Clients usually go back to the same insurance company when they need insurance for different purposes.  Sometimes, they lose track of the policies, especially if they were done to guarantee other business activities.</p>
<p>1.  A copy of the letter and any documents enclosed with the letter should be retained by you for your records.  In addition, you should keep a copy of all correspondence from the insurance company and maintain a record of all phone conversations for re-examination after you receive more information from other parties.</p>
<p>2.  Be prepared for the life insurance company to request certified copies of certain documents, such as the Death Certificate and Letters of Administration, to be sent along with a follow-up letter.  When a certified copy is required, the writer must send the original and not a photocopy of the document.  Photocopies (rather than originals) of any other relevant documents may be included with the letter.  When a certified original is required, we recommend you use a well known over night delivery service such as FedEx to provide clear tracking information on both ends.</p>
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		<title>Checklist, for use by Executor</title>
		<link>http://www.getfreelegalforms.com/checklist-for-use-by-executor/</link>
		<comments>http://www.getfreelegalforms.com/checklist-for-use-by-executor/#comments</comments>
		<pubDate>Tue, 09 Dec 2008 17:00:08 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Estate]]></category>
		<category><![CDATA[Checklist for Executor]]></category>
		<category><![CDATA[Executor Checklist]]></category>

		<guid isPermaLink="false">http://www.getfreelegalforms.com/?p=777</guid>
		<description><![CDATA[Checklist, for use by Executor Estate of: Date of Death: Social Security Number: The following Checklist should be used by the Executor to collect and investigate the assets and potential assets of the Decedent. The Executor is encouraged to send out copies to heirs and interested parties to help fill in the blanks, so to [...]]]></description>
			<content:encoded><![CDATA[<p><strong>Checklist, for use by Executor</strong></p>
<p>Estate of:<br />
Date of Death:<br />
Social Security Number:</p>
<p>The following Checklist should be used by the Executor to collect and investigate the assets and potential assets of the Decedent.</p>
<p>The Executor is encouraged to send out copies to heirs and interested parties to help fill in the blanks, so to speak, to effect an orderly collection and disbursement of assets, as permitted by law and statute.</p>
<p>1. Personal Data: The following personal information should be listed for the Decedent.</p>
<p>Name:<br />
Address:<br />
Former Addresses:<br />
SSN:<br />
Date of birth:<br />
Place of Birth:<br />
Date of death:<br />
Place of Death:<br />
Passport Number, if any:<br />
Driver License Number, if any:</p>
<p>2. Circumstances Surrounding Death: The Decedent died of natural causes, with no unusual circumstances about the death.   If any unusual or questionable circumstances occurred, attach a separate Exhibit and any relevant documents.</p>
<p>3.  Safe Deposit Box or Boxes: The Decedent owned or had access to the following safe deposit box (es):</p>
<p>Box Number:<br />
Joint Owner:<br />
Location:<br />
Other Locations:</p>
<p>Box Number:<br />
Joint Owner:<br />
Location:</p>
<p>4. Legal and Financial Advisors: The Decedent&#8217;s financial advisors and financial advisors included the following:</p>
<p>List all pertinent details.  Be sure to include former business partners and old friends who would have a broader sense of Decedent’s dealings.</p>
<p>5. Estate Documents: The Decedent&#8217;s estate planning included the following documents: Be sure to inquire specifically about these with any people uncovered in Section 4 above.</p>
<p>6. Responsible Parties: The following persons or entities are the most knowledgeable about the Decedent&#8217;s financial and personal matters, and/or are the most likely to be involved in handling the Decedent&#8217;s estate: List them.  Also, try to solicit any personal financial statements prepared by Decedent in recent years to uncover how he valued his own assets and what assets he listed.   If PC literate, he may have kept such a file in a personal or other file on his PC.  Look for it.</p>
<p>7. Marital Status: If The Decedent was married at the time of death, the following information is provided regarding the surviving spouse:</p>
<p>Name:<br />
Address:</p>
<p>Phone:<br />
SSN:<br />
Birth Date:<br />
Place of Birth</p>
<p>8. Prenuptial Agreement:  Determine whether the Decedent and the surviving spouse had entered into a premarital agreement as follows:</p>
<p>Name of Agreement:<br />
Date of Agreement:</p>
<p>If current spouse says no, be sure to check with the parties listed in Section 4 to see if they verify these facts.  Also, check Decedent’s PC and financial files/personal financial statements to see if any hints to the contrary exist.</p>
<p>9. Prior Marriages: Determine if there were any and if so the cause and the particulars insofar as they may impact the estate and the heirs.</p>
<p>10. Children: The Decedent had children as follows:</p>
<p>Natural Children:</p>
<p>Name:<br />
Address:<br />
Phone:<br />
Birth Date:<br />
SSN:</p>
<p>Step and/or adopted Children:</p>
<p>Name:<br />
Address:<br />
Phone:<br />
Birth Date:<br />
SSN:</p>
<p>Make a longer list if more children are involved.</p>
<p>11.  Children of Surviving Spouse: Identify which children are those of surviving spouse and which are the result of earlier marriages and/or relationships.  Make that notation above, in Section 10.</p>
<p>12. Other possible Beneficiaries: The Decedent had the following individuals who could be considered heirs and beneficiaries who are not either a spouse or child of the Decedent:</p>
<p>Individuals</p>
<p>Name:<br />
Address:<br />
Relationship:<br />
Birth Date:<br />
SSN:</p>
<p>Charities or other Organizations</p>
<p>Name:<br />
Address:<br />
Relationship:<br />
Birth Date:<br />
Tax ID No.:</p>
<p>Make a longer list, as required.</p>
<p>13. Life Insurance: The Decedent owned life insurance as follows:</p>
<p>Company:<br />
Policy No.:<br />
Amount:<br />
Beneficiary:<br />
Insured:<br />
Contact:</p>
<p>Company:<br />
Policy No.:<br />
Amount:<br />
Beneficiary:<br />
Insured:<br />
Contact:</p>
<p>14. Retirement Plans: The Decedent owned retirement plan account(s) as follows:</p>
<p>Description:<br />
Account No.:<br />
Amount:<br />
Contact:</p>
<p>Description:<br />
Account No.:<br />
Amount:<br />
Contact:</p>
<p>Be very diligent in tracking these down.  They can emerge from many sources, especially since many retirement accounts are set up on the fly around tax time—and often overlooked later by the party that did so, especially if Decedent set it up outside a larger financial relationship which would be more likely to capture the data and report it on a regular basis.</p>
<p>15.  Employment and Previous Employment: The Decedent&#8217;s employment information is as follows:</p>
<p>Employer:<br />
Status:<br />
Contact:</p>
<p>Previous Employers</p>
<p>Employer:<br />
Status:<br />
Contact:</p>
<p>As with retirement accounts, previous employers are ripe areas to undercover assets that are still related to that endeavor but not reported elsewhere.  Also, former associates may well be able to point you in the right direction.</p>
<p>16.  Real Estate: The Decedent owned real estate as follows:</p>
<p>Description:<br />
Value:<br />
Joint Owner:</p>
<p>Description:<br />
Value:<br />
Joint Owner:</p>
<p>The challenge here is to uncover minority investments in private arrangements that do not appear on the surface.  Check out recent IRS returns for any hints that these kinds of properties might exist but are not reported otherwise in Decedent’s records.</p>
<p>17.  Other Property: This is a potential gold mine if the Decedent collected fine arts, first editions, antiques, or valuable hobby related items.  Many a mystery story has been written about the $10 painting really worth a million that people tried to make away with.</p>
<p>18. Debts: The Decedent had debts as follows:</p>
<p>Description:<br />
Amount:<br />
Contact:</p>
<p>Description:<br />
Amount:<br />
Contact:</p>
<p>You will hear from these people soon enough, as a rule.</p>
<p>19.  Expenses and bills: The Decedent had unpaid expenses and bills as follows:</p>
<p>Expense:<br />
Amount:<br />
Contact:</p>
<p>Expense:<br />
Amount:<br />
Contact:</p>
<p>20.  Tax Returns: The Decedent did file income tax returns for the most recent calendar<br />
year as follows:</p>
<p>Tax Return:<br />
Year:</p>
<p>Previous Two Years</p>
<p>Tax Return:<br />
Year:</p>
<p>Be sure you have copies on hand or get them.</p>
<p>21. Other Information: The following information may also be helpful in handling the Decedent&#8217;s estate.</p>
<p>22.  Your thoughts on the matter and the estate:  Keep a running commentary about whether you think you have discovered all the assets, what the possibilities are, and what problems, if any, you foresee in doing your duties.  A short journal is the best approach here.</p>
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