The eStatePlan Explanatory
Dynamic Trust Portfolio

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 documents.

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 you.

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).

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