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Did You Know?
A LAST WILL & TESTAMENT
is a written document which leaves the estate of the person
who signed the will to named persons or entities (beneficiaries,
legatees, divisees) including portions or percentages of the
estate, specific gifts, creation of trusts for management and
future distribution of all or a portion of the estate (a testamentary
trust).
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Did You Know?
A CODICIL is a written
amendment to a person's will, which must be dated, signed and
witnessed just as a will would be, and must make some reference
to the will it amends
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Did You Know?
A LIVING WILL is a
document authorized By statutes in all states in which a person
appoints someone as his/her proxy or representative to make
decisions on maintaining extraordinary life-support if the person
becomes too ill, is in a coma or is certain to die.
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Did You Know?
A LIVING TRUST
is sometimes called an inter vivos (Latin for "within one's
life") trust, a trust created by a declaration of trust executed
by the trustor or trustors (also called settlor or settlors)
during his/her/their lifetime, as distinguished from a "testamentary
trust," which is created by a will and only comes into force
upon the death of the person who wrote the will.
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Did You Know?
A POWER OF ATTORNEY FOR HEALTHCARE
is a written document stating that one person gives to another
the full power and authority to make healthcare decisions for
that one person when he or she is unable to.
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Alpha A-B Trust Kit
TABLE OF CONTENTS
| Chapter |
Title |
Page |
| INTRODUCTION |
1-2 |
| PREFACE |
A Personal Message From The Author |
3-4 |
| Chapter One |
The A-B Living Trust |
5-6 |
| Chapter Two |
Glossary Of Words And Phrases |
7-10 |
| Chapter Three |
The Fundamentals Of
A Trust
A) The Legal Definition Of A Trust
B) The Fundamental Terms Of A Trust
C) The Fundamental Elements Of A Trust
1. Constructive Expression
2. Designation Of The Parties
3. Description Of The Property
4. Trust Purpose
5. Transfer Of Property
Overview |
11
11
12
12
12
12
12
12
12
12 |
| Chapter Four |
What This Kit Provides
1. Declaration Of Trust
2. Property Transfer Instruments
3. Trust Documents
Overview |
13-15
13-14
14
14-15
15 |
| Chapter Five |
What This Kit Requires |
17-18 |
| Chapter Six |
General Information Applicable To
Trust
1. Alien Spouse
2. States with Community Property Laws
3. States with Curtesy Laws
4. States with Dower Laws
5. Due on Sale Clauses
6. Estate Taxes
7. Multiple Trust
8. Notary Acknowledgments and Witness Declaration
9. Real Property Rights
10. The Uniform Probate Code
11. Witness Requirements For A Last Will & Testament |
19-22
19
19
19
20
20
20
20-21
21
21
21
21-22 |
| Chapter Seven |
Catastrophic Health Care Provisions
Medicare Benefits
Medicaid Benefits
A. The Income Test
B. The Asset Test |
23-25
23
23-25
24
24-25 |
| Chapter Eight |
Description Of The Trust Forms And
Instruments
1. Declaration Of Trust Forms
a. FORM ABT-101-1, Page 1, Declaration Of Trust (Equal Distribution
of Property)
b. FORM ABT-101-2,Page 2, Declaration Of Trust (Percentage Distribution
of
Property)
c. FORM ABT-101-3,Page 1, Declaration Of Trust (Specific Property
to Certain
Beneficiaries)
d. FORM ABT-102-1,Page 2, Declaration Of Trust (Trust Property,
General Listing)
e. FORM ABT-102-2,Page 2, Declaration Of Trust (Trust Property,
Numerical
Listing of Property)
f. FORM ABT-103, Page 3, Declaration Of Trust (Trust Clauses
3 through 7b)
g. FORM ABT-104, Page 4, Declaration Of Trust (Trust Clauses
7b through 8a)
h. FORM ABT-105, Page 5, Declaration Of Trust (Trust Clauses
8b through 14)
i. FORM ABT-106, Page 6, Declaration Of Trust (Trust Clauses
14b through 19)
j. FORM ABT-107, Page 7, Declaration Of Trust (Trust Clauses
20 through 22)
k. FORM ABT-108a, Notary Acknowledgement for States other than
Florida
l. FORM ABT-108b, Witness Declaration for the State of Florida
2. Trust Documents, Forms And Instruments
a. FORM AT-200a-b, Deed Of Realty To Trust, Pages 1 and 2
b. FORM AT-201a-b, Quit Claim Deed To Trust, Pages 1 and 2
c. FORM AT-202-a-b, Financial Account Transfer To Trust, Pages
1 and 2
d. FORM AT-203, Securities Transfer To Trust
e. FORM AT-204a-b, Assignment Of Secured Realty Interest To Trust,
Pages 1 and 2
f. FORM AT-205a-b, Chattel Transfer To Trust, Pages 1 and 2
g. FORM AT-206a-b, Assignment Of Contract To Trust, Pages 1 and
2
h. FORM AT-207a-b, Business Interest Transfer To Trust, Pages
1 and 2
i. FORM AT-208a-b, Deed of Mineral Rights To Trust, Pages 1 and
2
j. FORM AT-209a-b, Vendor Deed To Trust, Pages 1 and 2
k. FORM AT-300, Notice Of Trust
l. FORM AT-400a-b-c, Last Will & Testament
m. FORM AT-600a-b, Amendment To Trust Enlarging Powers of Trustees,
Pages 1 and 2
n. FORM AT-601a-b, Amendment To Trust Limiting Distribution Of
Assets To A
beneficiary, Pages 1 and 2
o. FORM AT-605a-b, Contingent Beneficiary Designation of Inter
Vivos Trust,
Pages 1 and 2
p. FORM AT-608a-b, Amendment To Trust Adding New Trust C Beneficiary
(ies),
Pages 1 and 2
q. FORM AT-700a-b, Affidavit Of Successor Trustee's Authority
To Administer
Trust, Pages 1 and 2
r. FORM AT-701a-b, Medical Certification, Page 1 and 2
s. FORM AT-702a-b, Affidavit Terminating Successor Trustee's
Authority To
Administer Trust, Page 1 and 2
t. FORM ABT-703a-b-c-d-e, Affidavit And Notice Implementing A-B-C
Trust and Trust Property Schedules
u. FORM ABT-900, Trust Activity Recording Log |
27-32
27-30
27
27
27
27
27
27-28
28-29
29
29-30
30
30
30
30-32
30
30
31
31
31
31
31
31
31
31
33
31-32
32
32
32
32
32
32
32
32
32 |
| Chapter Nine |
Establishing And Maintaining The
A-B Trust
STEP ONE. The Selection Of The Trust Forms And Instruments
1. The Declaration Of Trust Forms
2. The Property Transfer Forms And Instruments
3. Other Optional Or Required Forms
OVERVIEW
STEP TWO. The Preparation Of The Forms And Instruments
1. The Declaration Of Trust Forms
a. The Trust Name And Number
b. Trust Execution Date
c. The Spelling Of Names
d. The Beneficiaries
e. The Beneficiaries Heirship Provisions
f. The Trust Property
g. Successor Trustees Order of Authority
h. Successor Trustee Bond Requirement
i. Applicability Of State Laws (Clause 17)
j. Trust Name Clause 20
k. Signature And Acknowledgment Requirement Requirements
2. The Property Transfer Instruments
a. FORM AT-200a-b, Deed Of Realty Creating Trust
b. FORM AT-201a-b, Quit Claim Deed Creating Trust
c. FORM AT-202a-b, Financial Account Transfer Creating Trust
d. FORM AT-203, Securities Transfer Creating Trust
e. FORM AT-204a-b, Assignment Of Secured Realty Interest Creating
Trust
f. FORM AT-205ab, Chattel Transfer Creating Trust
g. FORM AT-206a-b, Assignment Of Contract Creating Trust
h. FORM AT-207a-b, Business Interest Transfer Creating Trust
i. FORM AT-208a-b, Deed of Mineral Rights To Trust
j. FORM AT-209a-b, Vendor Deed To Trust
3. Other Optional Or Required Forms
a. FORM AT-300, Notice Of Trust
b. FORM AT-400a-b-c, Last Will & Testament (Pour-over To Trust)
c. FORM AT-601a-b, Amendment To Trust Limiting Distribution Of
Assets To A
Beneficiary, Pages 1 and 2
d. FORM AT-605a-b, Contingent Beneficiary Designation of Inter
Vivos Trust,
Pages 1 and 2
e. FORM AT-608a-b, Amendment To Trust Adding New Trust C Beneficiary
Trust, Page 1 and 2
OVERVIEW
STEP THREE. The Filing, Noticing And/or Recording Of
The Documents
Forms And Instruments
A. A Real Property Title Or Real Property Interest
B. A Chattel Or Personal Property Interest
C. A Bank Account Interest
1) By Closing
2) By Transferring
D. A Brokerage Account Interest
1) All Securities
2) All Cash
3) Securities And Cash
E. Securities Personally Held
F. A Non-Realty Contract Interest
G. A Business Interest
1) Sole Proprietor
2) Partnership
3) Limited Liability Company
H. Notice Of Trust
I. Last Will & Testament
OVERVIEW |
33-42
33-35
33-34
34
34-35
35
35-37
35
35-36
36
36
36
36
36-37
37
37
37
37
37
37-38
37
37
38
38
38
38
38
38
38
38
38-39
38
38
39
39
39
39
39-42
39
39
39
40
40
40
40
40
40
41
41
41
41
41
41-42
42
42
42 |
| Chapter Ten |
Post Trust Actions And Forms
A. The Disability or Death of Trustor(s)
1. Disability of Trustor
2. Recovery From Disability
3. Death of First Trustor
Step One, Estate Related Form Requirements
a. Federal Form SS-4, Application
For employer Identification Number
b. Federal Form 706, United States
Estate Tax Return
c. Federal Form 1041S, U.S. Fiduciary
Income Tax Return for Non-Taxable
Simple
Trust
d. State Tax Forms
e. Alien Spouse Forms
Step Two, Implementing A-B-C Trust
Provisions
a. Form ABT-703a-b-c-d-e, Affidavit
And Notice Implementing A-B Trust
b. Form ABT-ABT-608a-b, Amendment
To Trust Adding New Trust C
Beneficiary
(ies)
4. Death of Second Trustor
Overview
B. Post Trust Property Transfers
C. Post Trust Amendments
D. Revocation of Trust
E. Post Trust Forms Cost
CONCLUSION |
43-46
43
43
43
43-44
43-44
43
44
44
44
44
44
44
45
45
45-46
46
46
46
46 |
APPENDIX (Completed Examples)
Index To Appendix
Completed Examples |
47-104
49-50
51-104 |
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Did You Know?
A POWER OF ATTORNEY
is a written document signed By a person giving another person
the power to act in conducting the signer's business, including
signing papers, checks, title documents, contracts, handling
bank accounts and other activities in the name of the person
granting the power.
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Did You Know?
PROBATE is the process
of proving a will is valid and thereafter administering the
estate of a dead person according to the terms of the will.
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