The purpose for creating this trust is to promote ________________________________

I,  ___________, trustor, create a trust fund of the property listed in Schedule A attached and incorporated by this reference, which I have delivered today to ____________.

I hereby give, transfer, and deliver the property described in Schedule A to the trustees in trust for the purposes stated.

The name of this trust shall be the _____________.

Trustor and Trustee, hereby agree as follows:

TRANSFER OF CORPUS

Trustor hereby gives and transfers to trustees the property described in the attached schedule together with its income and profits and any other sums that may be transferred to trustees or their successors pursuant to the terms of this agreement, to hold in trust for the uses and purposes set forth in this agreement.

INVESTMENT AND APPLICATION OF TRUST FUND AND INCOME

The trustees shall hold the trust fund and, in their discretion, invest it or parts of it in securities in which trustees are permitted to invest under applicable laws.  The trustees from time to time in their own discretion may invest the income to the charitable uses and purposes described above solely by means of contributions to any charitable corporation, trust, community chest, fund, or foundation which at the time of the contribution by the trustees is one of those organizations described in the IRS Code of the United States, contributions to which are deductible for income tax purposes.

Trustees shall make distributions at such times and in a manner as not to subject the trust to tax and shall not act in any self-dealing as described in Section 4941 of the Internal Revenue Code. Trustees shall not retain any excess business holdings as defined in Section 4943 of the Internal Revenue Code and shall not make any investments as defined in Section 4944 of the Internal Revenue Code nor make any taxable expenditure, which would subject the trust or corporate trustee to tax under Section 4945 of the Internal Revenue Code.

RESTRICTIONS ON USE OF TRUST FUND

The trust fund and the income of the trust fund shall be used only for the purposes described above and shall not be used to benefit or inure any private person or corporation, except for the corporate trustee. No part of this trust shall be used for political purposes.

ADDITIONAL GIFTS TO FUND

Anyone from time to time may contribute to the trust corpus money or property to the trust, subject to the approval of the trustees.

TRUSTEES ACTIONS

The trustees shall not be responsible for any error or decision which is absent of bad faith.

TRUSTEES COMPENSATION

The corporate trustee shall be reimbursed from time to time as decided by the trustor and be paid by the trust. All expenses incurred through the administration of the trust fund shall be paid by the Trustor. The individual trustees shall serve without compensation.

DECISIONS OF THE TRUST

Any action by the trustees must be in writing and signed by a majority of the trustees and shall be filed with the corporate trustee.

CONTROL OF FUNDS

The corporate trustee shall have exclusive custody of the securities, cash, and other property of the trust fund.

SUCESSION OF TRUSTEES

In the case of a death or resignation of one of the trustees, the successor shall be appointed by the remaining trustees. The remaining trustees shall have full power to act under this agreement until a new trustee is appointed.

GIFTS IRREVOCABLE

Gifts made into the trust under this agreement shall be irrevocable. If it is determined that this trust is not tax exempt after making contributions or gifts in the manner and to the extent provided by the Internal Revenue Code, then such gifts as remain in the fund shall be given to a qualified tax exempt charitable organization selected by trustees to best carry out the purpose of this trust. This trust shall thereupon terminate.

_____________________________
TRUSTOR

_____________________________
TRUSTEE

Charitable Trust
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a standard charitable trust.  Feel free to add or modify it as appropriate.

1. Make multiple copies.  Give one to each signatory.   Keep one in your home safe.  Put one in your home safe.

Related: Charitable Remainder Trust

______________________________, referred to as the DONOR, herewith establishes a charitable remainder unitrust, within the meaning of Rev. Pro. 89-20 and section 664(d)(2) of the Internal Revenue Code, and hereby creates the ______________________________ Charitable Remainder Unitrust; and designates _________________________ to act as the INITIAL TRUSTEE.

The DONOR transfers to the INITIAL TRUSTEE the following described property:
______________________________________________________

to be held strictly in trust for the purposes and under the terms and conditions set forth herein.

The trustee shall pay to a living individual (“recipient”) in each taxable year of the trust during the recipients life a unitrust amount equal to at least five percent of the net fair market value of the assets of the trust valued as of the first day of each taxable year of the trust (“valuation date”). The unitrust amount shall be paid in equal quarterly amounts from income and, to the extent that income is not sufficient, from the trust principal.

The trustee shall operate the trust in accordance with the laws of the state of ___________________. However, the trustee shall not exercise any power or discretion granted under such laws that would result in a disqualification of the trust under section 664(d)(2) of the Internal Revenue Code.

The trustee shall not be precluded from investing trust assets in a manner possibly resulting in the annual realization of a reasonable amount of income or gain from the sale or disposition of assets.

In the event that the income exceeds the unitrust amount, the surplus shall be added to the principal of the trust.

If the net fair market value of the trust assets is incorrectly determined then within a reasonable time after the value is finally determined, then within a reasonable period after the value is finally determined for federal income tax purposes, the trustee shall:
In the event of an overpayment resulting from an overvaluation, collect the amount of the overpayment from the recipient;
In the event of an underpayment resulting from an undervaluation, pay the amount of the underpayment to the recipient.

In determining the unitrust amount, the trustee shall prorate the amount on a daily basis for a short taxable year and for the taxable year of the recipient’s death.

Upon the death of the recipient, the trustee shall distribute the corpus of the trust, inclusive of interest and principal, except for any amounts due to the recipient’s estate, to ______________________, (the charity). In the event that the charity is not an organization described in sections 170(c), 2055(a) and 2522(a) of the Internal Revenue Code at the time when any distributions are to be made to the Charity, the trustee shall distribute such principal and interest to any such organization, in trustee’s sole discretion.

The income of the trust for each taxable year shall be distributed at such time and in such manner as not to subject the trust to tax under section 4923 of the Internal Revenue Code. Except for the payment of the unitrust amount to the recipient, the trustee shall not engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code, and shall not make any taxable expenditures as defined in section 4945(d) of the Internal Revenue Code. The trustee shall not make any investments that jeopardize the charitable purpose of the trust, within the meaning of section 4944, Internal Revenue Code, or retain any excess business holdings, within the meaning of section 4943.

If any additional contributions are made to the trust after the initial contribution, the unitrust amount for the year in which the additional contribution is made shall be five percent of the sum of (a) the net fair market value of the trust assets as of the first day of the taxable years (excluding the assets so added and any income form, or appreciation and gain on such assets) and (b) the proportion of the value of the assets so added that was excluded under (a) that the number of days in the period that begins with the date of contribution and ends with the earlier of the last day of the taxable year or the recipient’s death bears to the number of days in the period that begins on the first day of such taxable year and ends with the earlier of the last day in such taxable year or the recipient’s death. In the case where there is no valuation date after the time of contribution, the assets so added shall be added at the time of contribution.

The donor reserves the right to dismiss the trustee and to appoint a successor.

The trust is irrevocable, however, the trustee shall have the power, acting alone, to amend the trust in any manner which is required for the sole purpose of continuation of the trust’s qualification as a charitable remainder unitrust within the meaning of section 664(d)(2) of the Internal Revenue Code.

Dated: ________________

__________________________________
DONOR

__________________________________
TRUSTEE

The TRUSTEE herewith acknowledges receipt of the trust assets described above.

Dated: ________________

__________________________________
TRUSTEE

Charitable Remainder Trust
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a standard charitable remainder trust.  You should add or delete items as appropriate.

1. Make multiple copies.  Give one to each signatory.  Keep one in your home safe.  Keep one in the related transaction file.

Related: Charitable Trust