SOME GENERAL OBSERVATIONS The legal process, because of its unbridled growth, has become a cancer which threatens the vitality of our forms of capitalism and democracy. Lawrence Silberman, U.S. Attorney General ... the harsh truth is that ... we may well be on our way to a society overrun by hordes of lawyers, hungry as locusts, and brigades of judges in numbers never before contemplated. - Chief Justice of the United States Warren Burger The legal trade is nothing but a high class racket. - Professor Fred Rodell I do not wish to speak ill of any man behind his back, but the fact is that he is an attorney. - Samuel Johnson People say law, but they mean wealth. - Ralph Waldo Emerson All sorts of substitute for wisdom are used by the world. When the court doesn't know, they use precedent. The court that made the precedent guessed at it. Yesterday's guess, grown gray and wearing a big wig becomes today's justice. - Dr. Frank Crane A lawyer is a learned gentleman who rescues your estate from your enemies and keeps it for himself. - Lord Brougham It is the trade of lawyers to question everything, yield nothing, and to talk by the hour. - Thomas Jefferson He saw a lawyer killing a viper on a dunghill hard by his own stable; And the Devil smiled, for it put him in mind Of Cain and his brother Able. - Coleridge Lawyers are the only persons in whom ignorance of the law is not punished. - Jeremy Bentham The first thing we do, let's kill all the lawyers. - Shakespeare, King Henry VI The virtuous need but few laws; for it is not the law which determines their actions, but their actions which determine the law. - Theophrastus Where you find the laws most numerous, there you will find also the greatest injustice. Arcesilaus The more corrupt the state, the more numerous the laws. - Tacitus "The law, sir, is a ass." - Charles Dickens "...ours is a sick profession marked by incompetence, lack of training, misconduct and bad manners. Ineptness, bungling, malpractice, and bad ethics can be observed in court houses all over this country every day. (...these incompetents have) a seeming unawareness of the fundamental ethics of the profession. - Chief Justice of the United States, Warren Burger "Most lawyers are as crooked as a dog's hind leg." - Grampa Province WHY A TRUST? Why create a living trust? Isn't that something that's only done by rich people? Can the average citizen create his/her own living trust without the help of a lawyer? Why not just pay a lawyer to write a simple will? There are a number of reasons and answers to these simple questions. First, you should know that you have EVERY LEGAL RIGHT to create your own living trust by yourself, without the help of a lawyer. In the second place, when you hire a lawyer to write a will, they don't do it anyway. Their Legal Secretary does the job and you end up paying an exorbitant legal fee. Further, these secretaries really won't do anything more than fill in some blank spaces on a pre-designed word processing form and print it double- spaced with numbered lines. This type of printed output looks profession, impressive, and expensive -- that's really what you are paying for. They follow the same process for divorces, annulments, legal separations, bankruptcies, creditor plans, simple contracts, real estate deals, and so on, ad nauseam. Most of the work done by legal secretaries or paralegals is nothing more that filling in the blanks. What the majority of the legal profession doesn't want you to know is that anyone, YES!, ANYONE!, can do what they do. It is my honest opinion that the legal profession is in a sad state of affairs. Any document drawn up by one lawyer will be challenged by another lawyer if he is paid to do so. No matter how correct or exact it is, some other lawyer will find fault with it if there is a fee to be made. It is the business of lawyers to make things so complicated that they cannot be understood. Lawyers are not paid to fix things or fight for justice, they are paid to argue, confuse, obfuscate, and prolong. They get paid for keeping things from happening. This is only one of the many reasons why simple trials that should only take hours to decide normally take weeks, months, and sometimes years. That, in a nutshell, is the reason for this package of SHAREWARE SOFTWARE. You DON'T NEED a high priced (and perhaps incompetent) lawyer to do something that you can do yourself. Anyone with a computer and a word processor or text editor can use these pre-designed trust forms to create their own Living Revocable Trust. REASONS FOR CREATING A LIVING TRUST That brings us to the answers to the questions of why a person should form a trust instead of writing a will. The reasons are numerous and important. Before starting, you should have a firm understanding of what a will is and what a trust is. The differences between them are vast. - WILLS - A WILL is a legal instrument executed by any competent person according to the prescribed statutes of the state. Using this instrument the person states their desired disposition of their property which will take effect on and after their death. The existence of a will automatically means that there will be lawyers, judges, and the court system involved when a person dies. Because wills must be "probated", there will be legal fees, the court may interpret the will as it sees fit, and the wishes of the deceased are not necessarily followed. When a will goes to Probate Court, not only does it get bogged down in the mire of the ineffective, inefficient, cumbersome, and expensive probate system, it also becomes a matter of public record. Additionally, it could conceivably be challenged by a lawsuit. - TRUSTS - A TRUST is a legal relationship in which one person transfers property of a second person for the benefit of a third person. The person creating the trust is the Grantor. The person having legal title to the trust property is the Trustee. The person for whose benefit the trust is created is the Beneficiary. The nifty, magical part of this arrangement is that one person can be a Grantor, Trustee, and Beneficiary all at the same time. Using a trust, an individual can transfer property from their personal name to themselves as a Trustee of a trust. As the Trustee, they can hold the property for themselves or for someone else. Under the instructions of a Revocable Living Trust, the Trustee (or Co-Trustees) can see to it that when the Grantor dies all trust property is transferred to the beneficiary or beneficiaries. When the Grantor dies, the trust property automatically is held by any Co-Trustee or Successor Trustee for the benefit of the beneficiary. All of this is accomplished WITHOUT any probate process or any other type of court proceedings. You don't need to be wealthy to take advantage of this either. If you only own your home or automobiles, you can use a trust to make sure that when you die everything automatically transfers to anyone you wish. A Revocable Living Trust is the answer to almost all of the horrible problems that can be encountered by Probate Court. It can be entered easily at little cost and it can be revoked by the stroke of a pen. ADVANTAGES OF A TRUST The most obvious advantages of a Revocable Living Trust are: o Avoidance of probate and probate administration fees and expenses. o Avoidance of excessive probate legal fees. o Avoidance of unnecessary delays. o Avoiding publicity concerning probate matters. o Avoiding ancillary (secondary) administration. o Avoiding statutory restrictions on bequests of property. o Avoiding inheritance taxes. o Avoiding will contests. o Property management. o Management uninterrupted by the incapacity of the grantor. o Uninterrupted income and access to principal for family beneficiaries. o Avoiding the emotional trauma, aggravation, and frustration of dealing with a complicated probate process and overpaid lawyers. THINGS YOU SHOULD KNOW A Trust Takes Precedence Over a Will! It is imperative that you carefully read and understand the following sentence. A TRUST TAKES PRECEDENCE OVER A WILL. Even if you have a will leaving specific property to a person and later create a trust transferring the same property to a different person, the trust takes precedence and the property will go to the person named in the trust. Community Property If community property is to be placed into a trust, it is important that both spouses join in the creation of the trust as both grantors and co-trustees. Exhibit A (An Easy Way to Alter the Trust) Property may be transferred using a trust by means of an "Exhibit A". This is a separate page attached to the trust, but referred to in the trust agreement. If you decide to change anything in the trust property at a later time, you only need to change "Exhibit A". You don't need to alter the trust agreement. All property transferred to the trust must be listed in Exhibit A. You should be aware of some special information concerning the property transferred to the trust and the methods involved: o Real estate can be transferred to a trust. o Bank accounts and Saving & Loan accounts can be transferred to a trust. o Stocks, bonds, and mutual funds can be transferred to a trust. o Insurance policies can be transferred to a trust. o Automobiles, motorcycles, trailers, motor homes, and similar types of vehicles can be transferred to a trust. Real Property Real property included in a trust should be recorded with the names of the trustees of the trust. Normally, this means filing a "Quit Claim" deed on the property changing the name of the owners of the property. This usually is done at the County Recorder's Office. The new deed should be similar to: John Doe and Jane Doe, as Trustees under Revocable Living Trust Agreement dated January 1, 1990 You should contact your County Recorder's Office for specific information. Quit claim deeds may be obtained at stationary stores or at local real estate offices. Bank Accounts Bank accounts and Saving & Loan accounts should be changed using the same type of trust language. It is suggested that you contact your bank, saving & loan, or other financial institution to find out how they prefer it to be done. Some institutions require a copy of the trust agreement on file. Different businesses have different methods. Vehicles Automobiles, motorcycles, and any other similar types of vehicles should be registered using the same trust language. It is a good idea to check with local, county, and state offices regarding their specific requirements regarding transfer of vehicles to a trust. Choice of a Trustee You cannot be TOO CAREFUL When choosing a trustee, co-trustee, or successor trustee. It is suggested that an adult family member be selected. DO NOT CONSIDER a lawyer, trust officer, bank, or trust company for a trustee. This defeats the entire purpose and objective of the Revocable Living Trust. It is IMPERATIVE that a trustee be chosen who will expressly avoid the needless expenses, delays, and inconvenience of court appointments. THE REVOCABLE LIVING TRUST FORMS The next part of this text will deal with the design and use of the Revocable Living Trust forms included in this package. These forms are not complex nor mysterious. Each of the paragraphs in the trust are discussed here to demonstrate to you how easy it is to create your own Revocable Living Trust. Identification Clause The first clause identifies the Grantor, Trustee, Co-Trustee, Successor Trustee, and Beneficiary or Beneficiaries. Also stated is where they live and where the trust is created. Whereas Clause The "Whereas Clause" simply states the grantor's specific intent. This is an essential element in a trust. It identifies the property and states the purpose of the agreement and the use and disposition of the property. Transfer of Property Clause The transfer of property (conveyance of property in legalese) is the key to avoiding probate. Because the property is transferred to a trustee, the grantor DOES NOT OWN IT as a part of his estate. Upon transfer, it becomes the property of the trust. Disposition of Income and Principal Clause As an American citizen, you have a right to direct exactly what is to happen with the property during your lifetime and even after death. You can either use it yourself or give it to someone else. If given to a minor, it can be held until they reach the age of adulthood. Revocation and Amendment Clause Because you are the grantor of the trust and you have made it a "revocable" living trust, you have the right to completely cancel the trust or change it in any way you want at any time you want. Successor Trustee Clause When creating a trust, it is imperative that you have a trustee, a co- trustee, or a successor trustee. This person will hold title to all trust property after the death of the grantor. This preludes the necessity for a court appointment and potentially saves the trust a vast expenditure of time and money. Trustee's Acceptance Clause Creating a trust agreement means exactly that; there must be an AGREEMENT between parties. The selected trustee, co-trustee, or successor trustee must sign the document indicating that they truly agree to the terms and conditions set forth in it. Signatures All grantors and all trustees must sign the agreement. Make sure everyone understands exactly what the agreement says and does and that they are willing to abide by its instructions. Exhibit "A" This page (or pages) is a separate part of the trust. It will identify exactly and specifically the property that is being transferred to the trust. IMPORTANT! -- Make sure you use the legal description of any real estate to avoid any doubts about transfer of title to the property. This information can usually be found on the title deed to the property. It will also be recorded with the County Recorder. THE TRUST FORMS FORM ONE -- Trust1.txt -- may be used by a married couple. Both husband and wife are grantors appointing themselves as co-trustees to the trust. They have use of the property for life. After both of them die, trust property is transferred to whomever they select as beneficiary. FORM TWO -- Trust2.txt -- may be used by any adult. The individual is the grantor appointing himself/herself as trustee. The grantor has use of the property for life. After he/she dies, trust property is transferred to whomever is selected as beneficiary. FORM THREE -- Trust3.txt -- may be used by any adult. The individual is the grantor appointing himself/herself and a third party as co-trustees. The grantor has use of the property for life. After he/she dies, trust property is transferred to whomever is selected as beneficiary. FORM FOUR -- Trust4.txt -- may be used by any adult. The individual is the grantor appointing a third party as trustee. The grantor has use of the property for life. After he/she dies, trust property is transferred to whomever is selected as beneficiary. FORM FIVE -- Trust5.txt -- is used to revoke a Living Trust Agreement. This may be done by the grantor(s) at any time for any reason. FORM SIX -- Trust6.txt -- is an IRREVOCABLE TRUST AGREEMENT. This document may be used by any adult to create a trust that CANNOT BE REVOKED OR CHANGED. When this form is used, the transaction of the trust agreement is FINAL! In addition to having some tax advantages, it has most of the advantages of the Revocable Living Trust. This trust can be used for the purpose of gifts, especially to minors. Assets in this type of trust will avoid the probate system, estate taxes in some circumstances, income taxes for the grantor, and the trustee can retain management of the trust property for the beneficiaries if necessary. ADDITIONAL FORMS ESTATE.TXT -- Estate summary sheet. This document gathers pertinent information concerning family members and financial status. When completed properly, it gives a good idea about the complete pecuniary value of an estate. Very often, the value of an estate is not realized until everything in the trust is accumulated and totaled. It is usually a surprise to people to find out what their estate is actually worth. NOTES.TXT -- Although this checklist is not an exhaustive, comprehensive document that will remind you of everything that you will need to know and do in the event of a death in your family, it provides a very good foundation of information that you can build on depending on your individual needs. LASTWILL.TXT -- This generic "Last Will and Testament" form may be modified to indicate any special wishes of a person to be followed upon their death. Although a trust takes precedence over a will, this is a good way to bequeath any special personal items to a loved one. It also helps to preclude the necessity for any probate process whatsoever, since all of the important and valuable property has already been placed in a trust and the only things left for disposition through a will usually are of small value. PWRATTNY.TXT -- has nothing to do with trusts. The "Durable Power of Attorney" form is provided for anyone interested in precluding the possibility of being kept alive artificially or against their will if they are suffering from a disease, illness, or debilitating brain damage. This form may be used to designate a trusted person to serve as "attorney- in-fact" solely for the purpose of making medical decisions if the designator becomes incapable of making those decisions. This form should ONLY BE USED after the designator has given careful consideration to the possibility that they might become incapacitated and could be kept alive by artificial means. LVNGWILL.TXT -- has nothing to do with trusts. The "Living Will" is a special form similar in nature to the Durable Power of Attorney. It may be used by anyone interested in precluding the possibility of being kept alive artificially or against their will if they are suffering from a disease, illness, or debilitating brain damage. +----------+ | NOTICE | +----------+ Although the LIVING WILL and DURABLE POWER OF ATTORNEY seem to be very similar, they are, indeed, different. Because of the sometimes convoluted, confused, and baffling way the American court system works it is a VERY GOOD IDEA to have both a Living Will AND a Durable Power of Attorney in effect concurrently.