*** LIVING.TXT Living With Your Trust The establishment (execution) of your living trust is the important FIRST STEP in the estate planning process, which is designed, among other things, to avoid the cost, inconvenience and publicity of probate, secure all allowable estate and inheritance tax savings, and maximize the amount of your estate which will be distributed to your beneficiaries. The CRITICAL SECOND STEP is the transfer of ALL of your assets into your trust. If you fail to complete this process, the assets not held in the name of the trust could be subject to probate, negating one of the primary reasons for establishing the trust. There are, of course, numerous types of assets you may own. The following paragraphs are intended to assist you in accomplishing the transfer of some of the more common assets. If you own an asset which is not addressed below, the general rule is to write to the company or individual who is administering the asset (such as the general partner of a partnership in which you are a partner), indicate to them that you have executed a living trust, and request that they proceed to transfer your interest to the name of your trust and reflect the transfer on their records. They will then advise you of any additional documentation required to complete the transfer. 1. Checking & Savings Accounts, Certificates of Deposit, And Other Bank, Savings and Loan or Credit Union Accounts: Take your Abstract of Trust Agreement to the institution, advise them that you have executed a living trust, and request that the name on all of your accounts be changed to the name of your trust. The institution may or may not change the account number, but you will be asked to sign new signature cards, where applicable. No forfeiture of interest on any interest-bearing accounts should occur because of the transfer to your living trust. 2. Real Property: A transfer deed from you, as the current owner of your real property, to you, as Trustee(s) of your living trust, must be prepared, executed in the presence of a notary, and RECORDED in the county in which the property is situated. A sample Quitclaim Deed is provided to assist you. 3. Deeds of Trust (securing loans which are owed to you): An Assignment of Deed of Trust transferring the interest in the Deed of Trust from you, as the original beneficiary(ies), to you, as Trustee(s) of your trust, must be prepared, executed in the presence of a notary, and RECORDED in the county in which the real property which secures the loan is situated. A sample Assignment of Deed of Trust is provided to assist you. 4. Stocks, Bonds & Investments: Accounts with brokerage firms can be transferred by contacting your broker. He or she will ask you for a copy of your trust agreement or the abstract and will have you sign new account documents. Stocks held by you in your own name must be transferred by sending the certificate to the transfer agent, along with a letter of request and a STOCK POWER, signed by you exactly as your name appears on the certificate and with your signature GUARANTEED (not notarized) by a national banking association member or a member of the New York Stock Exchange. If you have a broker, your broker can assist you with these transfers. Investment accounts require a letter addressed to the administrator requesting the transfer, after which you will be sent the appropriate documentation to complete as instructed. 5. United States Savings Bonds: Savings bonds must be sent to either a Federal Reserve Bank or Branch or the Bureau of the Public Debt, along with a completed Form PD 1851 (available from your bank or any Federal Reserve Bank), for re-issuance in the name of your trust. The transfer will not be considered a distribution of interest to you. 6. Mobile Homes: In California, mobile homes pass outside probate to the lawful beneficiary, who, according to the pour-over will included in LivingTrustBuilder, would be the surviving spouse, or, if no surviving spouse, the Trustee of your trust. Thus, you can elect to effect the transfer of a mobile home either during your lifetime or after your death. For mobile homes registered outside California, this exemption from probate may not be available. Please contact your local registering agency for information as to their requirements and procedures for transfer before and after death and to obtain the appropriate transfer forms. 7. Personal Vehicles, Boats, Etc.: These items, unless of substantial value, usually do not have to be held in the name of your trust as they are considered "personal effects," and the registering agency usually has forms for transferring these to the rightful distributees without probate. You should contact the registering agency in your area to make certain of their requirements for transfer upon the death of an owner. 8. Retirement Accounts: You should generally change the order of beneficiaries on your retirement accounts to reflect your spouse as the PRIMARY (first) beneficiary (so that your spouse can have the advantage of "rolling over these funds into his or her own retirement account without tax penalty) and your trust as your CONTINGENT (second) beneficiary. If you have no spouse, your trust should be the PRIMARY beneficiary. Such a beneficiary designation would ensure that these funds will not pass to your "estate" (if named beneficiaries are deceased) and potentially be subject to a probate proceeding. 9. Life Insurance: The same principle applies to life insurance as to retirement accounts, except your trust can be named as the PRIMARY beneficiary, if you desire, whether you are married or single. Please remember that although your assets will now be formally "owned" by you, as Trustee(s) of your trust, you still have the same control and flexibility with these assets as you had prior to establishing your trust. You can do anything with them that you could have done previously. The THIRD ESSENTIAL STEP is to remember to take title to ALL ASSETS ACQUIRED IN THE FUTURE in the name of your trust. Title to all of your assets should be held as follows: If you are a married couple establishing a trust: JOHN M. SMITH AND MARY S. SMITH, CO-TRUSTEES, THE SMITH FAMILY TRUST (or whatever name you have chosen), DATED (the date of execution) If you are establishing a trust for yourself only: JOHN M. SMITH, TRUSTEE, THE JOHN M. SMITH TRUST (or whatever name you have chosen), DATED (the date of execution) One of the advantages of a living trust is the ease of administration and orderly transition of fiduciary responsibility to the successor trustee(s) upon your resignation, incapacity or death. Upon The Occurrence Of Such An Event, However, The Successor Trustee(s) Must Contact An Attorney To Ensure That The Appropriate Steps Are Taken To Obtain Maximum Tax Advantages And Proper Control And Distribution Of Assets. The cost (payable by the trust) for such legal assistance is always warranted when considering the risks involved to the trust and the trustee(s) for failing to take such action correctly. Your attorney should work with your accountant to see that the goals of your estate plan are met. If for any reason you should desire to remove an asset from your trust, you simply reverse the process by which you added it to your trust. You convey title from you, as Trustee(s) of the trust, back to you individually. If you should desire to amend your trust, a sample form is provided which you may use as a guide. Remember that you must formally execute the amendment in the same manner you executed your original trust, with your signatures notarized. It Is Strongly Recommended That You Consult An Attorney In Your Area To Ensure That The Documents You Have Prepared Conform To The Laws Of Your Particular State. For this reason, a sample letter to your attorney is included in the manual for your use in obtaining counsel.