Monday, September 5, 2011

Trust for Minor Child or Pet

TRUST FOR THE BENEFIT OF ( MINOR CHILD or PET):

 In the event that I give, devise, or bequeath any of my estate under this will to any child of mine who is a minor at the time of my death or any pet that may be my companion, then I direct any and all such gifts, devises, or bequests for that child or pet held in a separate trust, until said child or pet reaches the age of 26 (if child or dies if pet). I name _______________________________________ the trustee of each child's  petÕs trust, and he or she shall serve without bond. If this person is unable or unwilling to serve as trustee, then I name _______________________________________ to serve as trustee, and he or she also shall serve without bond.

The Trustee's Duties:  The trustee shall hold the trust property for the benefit of the child or pet and may distribute, to the extent the trustee deems necessary, income or principal of that child's trust to provide for the child's education, health, maintenance, and support or health maintenance and support of my pet or I further authorize the trustee to exercise discretion in deciding whether to make a distribution for the benefit of any child by considering the child's other income, resources, and sources of support. I direct the trustee to accumulate and to add to the principal of each trust any and all trust income that the trustee has not distributed to the child.

Termination of a Child's PetÕs Trust:  Termination of a child's trust shall occur upon any of the following events: the beneficiary dies before reaching age 26, the child reaches age 26, or the trust property is depleted through properly authorized distributions by the trustee. In the event that the trust terminates due to the child's or petÕs death, the trustee shall distribute the remaining principal and accumulated net income of the trust to the child's heirs at law. In the event that the trust terminates upon the child's reaching age 26, the trustee shall distribute to the child any remaining principal and accumulated net income of the trust.

The Trustee's Authority:  The trustee shall possess all authority granted to him or her in this will and the following powers enumerated in this paragraph. The trustee shall have the authority to hire accountants, agents, attorneys, investment advisors, tax advisors, and any other professional, as reasonably necessary, to administer the trust and to manage any trust asset and for any litigation affecting the trust, and to pay any such reasonable fees of such professionals with the trust's assets. The trustee shall have the authority conferred by this will on the executor with respect to property in the trust. In addition, the trustee shall have all other authority and powers generally conferred on trustees by the laws of the state that has jurisdiction over this trust.



General Administration of the Trust:  Any and all children's or petÕs interests held in trust are nontransferable by either voluntary or involuntary assignment or by operation of law. To the fullest extent permitted by law, all interests shall remain free from the claims of creditors and from attachment, bankruptcy, execution, or any other legal process. To the fullest extent permitted by law, the trustee shall administer at his or her sole discretion and independent of court supervision. Any trustee fulfilling the requirements under these trust provisions may receive reasonable compensation from the trust's assets for his or her services, including both ordinary and extraordinary services, and any and all services in relation to the complete or partial termination of any trust created by this will; however, no person who adds to the corpus of any trust shall ever be entitled to any compensation.

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