Submitting this Questionnaire will serve
to auto-merge your data entries on the electronic template formats used to
generate your Trust Package documents. Of course, it is important to make
accurate, correctly spelled entries as the data you enter is correspondingly
used to generate your documents. However, with access to your Client
Console, you will be able to freely add or edit data later (other than
your name) at any time, and resubmit for your updated documents.
Your self-generated documents will be presented to you digitally through your
Client Console in a PDF format, which you can ESIGN (electronically) and/or
print out to sign. If you wish to have your completed documents shipped to
you in a 3-ring binder, click on that line order item in the Questionnaire now –
or later, if you prefer, through your Client Console.
Married Couples. If you are submitting the Questionnaire
as a married couple, you will be initially named as co-trustees of your trust
(which you can change, if desired). Your spouse will be deemed to be the
sole trustee of your trust if you die first. Your spouse will also serve
as the executor of your estate (if surviving you) and also your agent
concerning your financial power of attorney document. Additionally, your
spouse will also be deemed as your first (default) health care agent. The
agent or agents you should name in the "Proposed Health Care Agents" entry fields
would then be, in such case, the alternate agents to your spouse – if your
spouse is unable to serve.
Notice that the Dynamic Trust Portfolio offering provides additional
options that can be ordered on this Questionnaire page or later from within
your Client Console. We'll briefly discuss them here.
Realty Deeds. Our system provides patrons with a
(blank) quit claim deed form – code specified to the patron's state of domicile
– that will be merged with the personal data submitted. It's designed for
you to use by entering in your property's legal description in the Exhibit "A"
provided in the deed format. If you are submitting your order as a married
couple, additional "sole-grantor" deed formats will be provided in case either
spouse has a sole & separate realty property interest that is to be transferred
to the trust.
If you prefer that our office prepare the deed(s) for you then you can make that
order now on the Questionnaire, or later in your Client Console, and follow the
prompts in faxing a copy of your deed to our processing office. This
procedure also applies for Transfer Documents. If you want our
office to prepare a transfer document to convey a certain asset into your trust
such as a formal business interest (LLCs, corporations, partnerships, etc.),
simply use the Transfer Document link. In either case, enter in the number
(in the box) of documents you are ordering whether deeds and/or transfer
Trust Modification Clause. If you would like special language
included your trust to accomplish certain planning objectives but are unsure how
to craft the terms and decrees, you may request our office to assist you.
In such case, choose the Trust Modification Clause line item and enter in your
stated objectives in the Notes/Comments/Questions section. You also may
implement a Trust Modification Clause order later in your Client Console once
you've submitted your purchase. When using the Trust Modification Clause
method, it's recommended that you always obtain personal legal council to advise
Restatement of Trust. Very often, existing trust creators want
to "restate" their trusts in order to accurately produce the
modifications/changes they want done in their estate plan. Restating a
trust is essentially a complete recreating of an existing trust that has already
been previously funded. A Restatement of Trust acknowledges the trust's
original date as being the "effective date" of the restated trust. The
Restatement of Trust method is the modern way of changing trusts and prevents
having to refund the trust because of the re-creation.
Special Needs Trust Addendum. If you have a child or grandchild or
other person identified as a beneficiary of your trust who is currently or
expected to be receiving governmental funds because of some form of
incapacitation, it is generally necessary to hold that beneficiary's portion IN
TRUST under a Special Needs Trust "add-on" format. That will help serve to
retain and not disqualify that beneficiary's "governmental entitlements" while
providing a certain trust value to benefit that person during his/her lifetime
(or period certain).