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Will

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ESTATE PLANNING TEMPLATES

WILL, POWER OF ATTORNEY, TRUST, LIVING WILL

WILL

I, (YOUR NAME), of , (YOUR City or Town, and County) (YOUR State) (YOUR mailing address: ), do hereby revoke all former Wills and Codicils and declare this to be my last Will dated .

I am married and my spouses name is (Your Spouses Name) and I have (2) children: (Your First Child's Name), (Your Second Child's Name).-

My (First child/I.e. Your Son - use his Name) is married to my daughter-in-law (use her name). They have (1) child: my grandson (use his name).

My (second child I.e. Your daughter) (Use her Name) is married they have two children ( Name of grandson) and (Name of granddaughter).

ARTICLE 1

I direct my Executor to pay from the residue of my probate estate the expenses of the administration of my estate, the expenses of my last illness and funeral, and my legally-owing debts. My Executor shall also pay from the residue of my probate estate all estate and inheritance taxes and all other death taxes payable on account of my death, together with interest and penalties thereon, on all assets of whatsoever kind forming my gross estate for tax purposes, whether or not passing under this Will, without any apportionment or right of reimbursement, to the same effect as if such taxes were expenses of administration.

1.1 I direct that my Executors shall have my body (cremated, not buried)(buried name of cemetery). NOTE - make sure someone in the family knows your intentions ahead of time as the Will might not be read until after the funeral.

1.2 Specific Bequests: I give the sum of THIRTY THOUSAND ($30,000) DOLLARS to my (Name of Grandson of your First Child), if he survives me.

1.3 No Contest Provision: If any person individually or through an agent or fiduciary challenges the validity of any dispositive provision of this will or in any other way attempts to alter or invalidate my estate plan, then I direct that such person shall not receive any portion of my estate by will, trust, intestacy, beneficiary designation or otherwise.

ARTICLE 2

I give and bequeath to my Spouse (use their name) all of my tangible personal property, if any, which I own at the time of my death, including, but not limited to, household goods, furniture, furnishings, personal effects, and personal motor vehicles, together with all policies of insurance thereon. If either beneficiary cannot agree on a particular item then that item shall be sold and the proceeds added to the residue of the estate.

If my spouse shall fail to survive me, I give and bequeath all my tangible personal property in equal shares, per capita.

If none of the above beneficiaries survives me, my tangible personal property shall be sold and the proceeds shall be added to the residue of my estate. All costs incurred by my Executor in connection with obtaining possession, appraising, safeguarding, delivering or selling such property shall be paid as expenses of administering my estate. I request that any memorandum of instructions of mine with respect to the disposition of specific items, although not legally binding, be respected.

ARTICLE 3

I give, devise and bequeath the residue of my estate, which shall consist of all the rest, residue and remainder of my property, real, personal and mixed, wherever situated, as follows:

3.1 The entire residue of my estate shall be distributed to my spouse if (he or she) survives me, otherwise, to my two children in equal shares, per stripes.

ARTICLE 4

I appoint (Name of Your First Child) as initial Executor of my Will and Trustee of any Trust created from this Will and any Trust that I created inter vivos.. If my child (name them) has predeceased me or is unable or unwilling to serve or to continue serving, I appoint my (Second Child Name), Executor and Trustee, under this Will or any Inter Vivos Trust I created during my lifetime however, if they predecease me or unable or unwilling to serve or continue serving I appoint a (Could Name Bank with Corporate Fiduciary powers a Trust Company) as Executor and Trustee under this my Will or as Trustee under any Inter Vivos Trust that I created during my lifetime.

ARTICLE 5

5.1 Any gift, bequest, legacy or devise, which is distributable under this Will to a minor grandchild or a beneficiary who is incapacitated shall be held in a separate trust for their benefit. For the purposes of this Section 5.1, the determination whether or not a beneficiary is incapacitated shall be made by my Individual Executor, in the sole discretion of my Individual Executor, and my Executor shall not be held liable for any decision or lack of decision as to whether or not any beneficiary is incapacitated. If a corporate executor and or Trustee is serving as corporate fiduciary they will determine determine disability or incapacity when two medical doctors determine the disability or incapacity of a beneficiary.

With respect to any property passing to a minor or a beneficiary who is incapacitated and or disabled the Trustee may apply such amounts of the net income or principal or both as the Trustee, in the sole discretion of the Trustee, shall deem proper for the health, support, maintenance and education (including post secondary education) of that minor or beneficiary with a disability.

5.2 I set out in Article 4 above I appoint (Name of Firdt Child) as Trustee of any trust established under this ARTICLE 5. The provisions of ARTICLE 4 of this Will concerning the appointment of the Individual Executor and the successor Individual Executor and subsequent Corporate Executor shall also apply to my Trustee.

5.3 My Trustee is authorized, in its absolute discretion, to use principal for maintenance and support, for educational requirements and health, including but not limited to medical and surgical expenses, of any beneficiary.

ARTICLE 6

My Executor and Trustee shall have the following powers in addition to those vested in Executors and Trustees by law and by other provisions of my Will, applicable to all property, whether principal or income, exercisable without court approval, and effective until actual distribution of all property:

6.1 To retain any and all of the assets of my estate, real or personal, without regard to any principle of diversification, risk or productivity; and to exercise discretion in either liquidating assets and converting the same into cash or to make distribution in kind.

6.2 To invest in all forms of property, including stocks, bonds, common trust funds, mortgage investments and other securities, and proprietary mutual funds of any corporate Executor or Trustee and those of its affiliates, subsidiaries and successors, as my Executor or Trustee may deem proper.

6.3 To sell at public or private sale and to grant options for the sale or exchange of any real, personal and mixed property in which I have any kind of ownership interest, for such price and upon such terms and conditions as my Executor or Trustee may deem proper and to execute and deliver a good and sufficient deed or bill of sale or other document of title therefor unto the purchaser thereof, in fee simple, and the purchaser thereof shall not be bound to see to the application of the purchase money; and to take back purchase money mortgages, obligations or security interests, and to fix the terms and maturity thereof; and to grant one or more conservation easements even though it lessens the value of real estate.

6.4 To borrow money for any purpose deemed appropriate, and in connection therewith, to mortgage real estate or pledge personal property and to renew or refinance any of my existing obligations.

6.5 To exercise any law given option to treat administrative expenses as income tax or as estate tax deductions, without regard to whether the expenses were paid from principal or income.

6.6 To compromise any claim or controversy.

6.7 To exercise, at such times and in such manner as my Executor or Trustee shall deem appropriate, any rights of election or other rights which may from time to time be available to my Executor or Trustee under or in respect of the provisions of the Internal Revenue Code or of any other tax law, regardless of whether the decision of my Executor or Trustee in a particular case may be the most advantageous one from the point of view of any person or entity having any interest therein, and without limiting the generality of the foregoing, to make such decisions as my Executor or Trustee may deem appropriate in all the circumstances in respect of claiming expenses or other items as deductions for estate tax or for income tax purposes; to determine whether to claim deductions available to me or to my estate on estate tax or on income tax returns, and to determine the date upon which to value my estate for estate tax purposes, all in such manner as may seem most advisable and without thereafter making any adjustment between income and principal on account of any such determination.

6.8 To register securities in the name of a nominee in such manner that title shall pass by delivery; and to hold property unregistered.

6.9 To abandon any property which, in my Executor’s or Trustee’s sold discretion, my Executor or Trustee deems to be in the best interests of my estate or any beneficiaries.

6.10 To disclaim on my behalf any interest my Executor or Trustee deems advisable.

6.11 To retain, buy, sell and deal in any stocks, bonds, debentures or other securities issued by any corporate fiduciary or by any holding company for such corporate fiduciary.

6.12 Every successor Executor or Trustee shall have all the rights, powers, titles, privileges and duties, whether discretionary or otherwise, given under this Will to the original Executor or Trustee shall be subject to the same reservations, limitations, terms and conditions.

6.13 My Trustee or Executor may, by an instrument in writing, delegate to any other Trustee or Executor the power to exercise any powers, including discretionary powers, granted my Trustee or Executor in this agreement. During any such delegation, the delegated powers may be exercised by my Trustee or Executor to whom delegated to the same extent as if the delegating Trustee or Executor had personally joined in the exercise of such power. The delegating Trustee or Executor may revoke such delegation at any time by written notice to the non-delegating Trustee or Executor.

My Trustee or Executor may execute and deliver a revocable or irrevocable power of attorney appointing any individual or corporation to transact any and all business on behalf of any trust created in Article 5 or any Trust that I have created. The power of attorney may grant to the attorney-in-fact all of the rights, powers, and discretion that my Trustee or Executor could have exercised.

6.14 A written statement or Certificate of Trustee or Executor of my Trustee or Executor at any time as to any facts relative to the trust may always be relied upon and shall always be conclusive evidence in favor of any transfer agent and any other persona dealing in good faith with my Trustee or Executor in reliance upon such statements.

6.15 My Trustee or Executor is authorized to serve as officer, director, manager, and/or in any other capacities of any proprietorship, partnership, joint venture, corporation, or other enterprise in which is part of the trust created in ARTICLE 5 or any other trust has an interest (whether or not total or controlling). My Trustee or Executor may receive compensation for its extraordinary services as such.

My Trustee or Executor may contract with and otherwise deal with any such enterprise in the same manner as with any such enterprise in which the trust has no interest, and may use any voting power my Trustee or Executor may have (whether as Trustee or Executor or as officer, director, or other official of the enterprise) to implement any such authority.
With respect to any units in a limited liability company, limited partnership, and/or stock in a closely held corporation (“closely-held company”) contributed to the trust, the powers set forth in this ARTICLE shall not disqualify any Trustee or Executor acting personally and independently, and not in a fiduciary capacity, from holding office in a closely-held company, accepting remuneration from a closely-held company, voting any units or stock in favor of such Trustee or Executor as a director or officer of a closely-held company, or purchasing or selling units or stock of a closely-held company.

My Trustee or Executor may elect to qualify any trust created herein that is funded with Subchapter S stock as a Qualified Subchapter S Trust (“QSST”) under Section 1361(d)(3) of the Internal Revenue Code to administer such trust in accordance with requirements of that Section in order that the stock and trust will continue to be treated as a QSST for tax purposes.

6.16 My Trustee or Executor shall have the power to amend the terms of any trust holding “qualified family-owned business interests,” as defined in Section 2057 of the Internal Revenue Code, in order to permit trust property to qualify for the “family owned business deduction,” including an amendment that changes beneficial interests and that directs the segregation of trust property into more than one trust.

ARTICLE 7

I direct that my Executor and Trustee shall not be required to post bond or enter security in any jurisdiction in which they may act.

ARTICLE 8

All interests of all beneficiaries of my Will and all property passing under my Will shall be free from anticipation, assignment, pledge or obligations of the beneficiaries of my Will and shall not be subject to any execution or attachment.

ARTICLE 9

9.1 Unless indicated to the contrary, the singular includes the plural, the plural includes the singular, the masculine includes the feminine and the feminine includes the masculine.

9.2 An individual shall not be entitled to receive any gift, bequest, legacy or devise made under this Will unless that beneficiary survives me by thirty (30) days. If an individual does not survive me by thirty (30) days, that individual shall be deemed to have predeceased me.

ARTICLE 10

The provisions of this Article shall apply to any retirement plans and insurance policies owned or made payable to my trust.

10.1 Retirement Plans

The following provisions are applicable to retirement plans:
My Trustee, in its sole and absolute discretion, may exercise any right to determine the manner and timing of payment (by lump sum or otherwise) of Retirement Plan benefits that are permitted under any Retirement Plan and that is consistent with the federal income tax rules regarding required minimum distributions under Section 401(a)(9) of the Code.

My Trustee shall not be liable to any beneficiary for the death benefit election selected or for any decision regarding the disclaimer of the benefits of any Retirement Plans that are payable to any testamentary trust as provided in ARTICLE 5 or any other trust that I have created.

With respect to any amounts remaining in an individual retirement account (“IRA”), as defined in Internal Revenue Code Section 408(a) owned by me at death and payable to the trust created in ARTICLE 5, I direct my Trustee or Executor herein appointed by the Trust Protector, or any successor Trustee appointed by my Trust Protector:

10.1(a) To transfer any such amount to an IRA offered and managed by my Trustee or its affiliates and to charge its standard schedule of fees in effect as of the time its services are performed with respect to such amounts in the IRA, to be paid from the IRA account, in addition to the fees which it charges with respect to this trust; or
10.1(b) to direct the investment of such amounts in such IRA which are custodied by an institution other than my Trustee and to charge fees in accordance with its standard schedule of fees in effect at the time such services are performed, to be paid from the assets of such IRA, in addition to the fees which it charges with respect to this trust; and
10.1(c) to apply the following rules to amounts received from the IRA in determining whether such amounts are principal and income for trust accounting purposes in this trust:
(i) the value of the amounts in the IRA as of the date of death of the IRA participant shall be treated as principal;
(ii) increases in amounts in the IRA after the date of death of the IRA participant shall be treated as income or principal based on the characterization rules applicable to assets of this trust.
10.1(d) To make any withdrawals from the IRA first from amounts characterized pursuant to ARTICLE 4, as income to the IRA.

10.2 Life Insurance Policies
The following provisions are applicable to life insurance policies:
My Trustee may make all appropriate elections with respect to such insurance policies and may collect all sums made payable to any testamentary trust created in ARTICLE 5 or any other trust created by me or made payable to my Trustee under all such policies or contracts.

My Trustee may, in its sole and absolute discretion, exercise any settlement options or other options or rights that may be available under the terms of any policy or contract. My Trustee shall not be liable to any beneficiary on account of any election made by my Trustee with respect to any policy or contract.

10.2(a) Liability of Payor
Persons or entities dealing in good faith with my Trustee shall not be required to see to the proper application of proceeds delivered to my Trustee, or to inquire into any provision of this agreement.
The receipt of my Trustee for any proceeds or benefits paid shall be a sufficient discharge to the person or entity making such payment.

10.2(b) Collection Efforts
My Trustee shall make reasonable efforts to collect all proceeds of life insurance policies or Retirement Plan benefits that are payable to my Trustee.

My Trustee may commence legal or administrative proceedings to collect the proceeds of any life insurance policy or Retirement Plan benefits, provided, however, that my Trustee need not commence any such proceedings until my Trustee is indemnified to its satisfaction for any expenses and liabilities it may incur as a result of such proceeding.
My Trustee may, in its sole and absolute discretion, settle or compromise any and all claims with respect to the collection of any life insurance proceeds or Retirement Plan benefits. Any such settlement made by my Trustee shall be binding on all beneficiaries.

                                                    ARTICLE 11

Employment of Professionals

My Trustee or Executor may appoint, employ and remove, at any time and from time to time, investment counsel, accountants, depositories, custodians, brokers, consultants, attorneys, expert advisers, agents, clerks and employees, and reasonably compensate those persons or entities, irrespective of whether any person, firm or corporation so employed shall be a Trustee or Executor hereunder or shall be a corporate affiliate of a Trustee or Executor hereunder and irrespective of whether any firm or corporation so employed shall be one in which a Trustee or Executor shall be a partner, stockholder, officer, director or corporate affiliate or shall have any interest.

My Trustee and Executor may pay the usual compensation of such services out of principal or income as my Trustee or Executor may deem advisable, and such compensation may be paid without diminution of or charging the same against the compensation of any Trustee or Executor hereunder, and any Trustee or Executor who shall be a partner, stockholder, officer, director or corporate affiliate in any such firm or corporation shall nonetheless be entitled as a partner, stockholder, officer, director or corporate affiliate to receive such Trustee’s or Executor’s share of the compensation paid to such firm or corporation.

                                                 ARTICLE 12

Any Trust created hereunder shall be governed, construed and administered according to the laws of the (Commonwealth of or State of ) (Name of Your State). My Trustee, in their sole and absolute discretion, change the situs of administration of, such trust from one jurisdiction to another and elect, by an instrument filed with the trust records, that thereafter such trust shall be construed, regulated and governed as to administration by the laws of such other jurisdiction.

ARTICLE 13

The compensation of any bank or trust company for serving hereunder shall be calculated and paid in accordance with its standard fee schedule in effect from time to time.

ARTICLE 14

I suggest that my Executor, Trustee, and Custodian retain as counsel (NAME of Your Attorney) Esquire, of (Name of Law Your Attorney is with, Attorneys-at-Law, (City Your Attorney is Located), (State Your Attorney , the draftsman of this my Last Will and Testament.

EXECUTED on _________________________, 2016

____________________________
(YOUR NAME)
(SEAL)

Signed, sealed, published and declared by (YOUR NAME), the above-named Testator, as and for her last Will and Testament in our presence, who, in her presence and at her request, and in the presence of each other, have hereunto set our hands as attesting witnesses.

____________________ ________________________________________
witness address

_____________________ _________________________________________
witness address

(COMMONWEALTH OF or STATE OF (Name of State) :

: ss.
COUNTY OF (NAME OF COUNTY YOU Live In) :

We, (YOUR NAME), the Testator and__(Names of your witnesses)(witnesses must be people not named in your Will)________________,
_________________ the witnesses, respectively, whose names are signed to the attached or foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as her last Will and that the Testator had signed willingly, and the Testator executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of the witnesses’ knowledge the Testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence.

_________________________________________
(YOUR NAME), Testator (SEAL)

_________________________________
witness (SEAL)

_________________________________
witness (SEAL)

Subscribed, sworn to an acknowledged before me by YOUR NAME, the Testator, and subscribed and sworn to before me by _____________________ and _________________
, witnesses, this ___day of ___________, 2016

__________________________________
(Notary Public) (SEAL)

POA

Prepared by (Name of Your Attorney or if you need an Attorney Check out our preferred Attorney List)
Return to: (Name of Law Firm you are working with). (Address and telephone number of your attorney)

DURABLE POWER OF ATTORNEY

NOTICE as Modified on (Date of and your specific state statute that references the Power of Attorney provisions).

THE DURABLE POWER OF ATTORNEY YOU ARE SIGNING MAY GRANT YOUR AGENT THE POWER TO GIVE AWAY YOUR PROPERTY OR CHANGE HOW THAT PROPERTY IS DISTRIBUTED AT YOUR DEATH. You are advised to seek the advice of an attorney at law before signing this Durable Power of Attorney.

THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR “AGENT”) BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.

THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.

YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT’S AUTHORITY.

YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT’S FUNDS.

A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY.

THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN (Quote Yoyr Particular States Statute)(You might want to use specific language from your specific states statute the above comes from Pennsylvania)

IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS.(Your attorney can explain in great detail the legal consequences of giving someone your power of attorney).

_________________________ ____________________________________
(YOUR NAME) (Date Sign POA) DATE

DURABLE POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS, that I, (Your Name), of (Your City or Town), (Commonwealth of Or State of) (Your State), Principal, intending to be legally bound, hereby appoint my son (Name of Your First Child), as my Individual agent, to manage and conduct all of my estate and all my affairs, and for such purposes to do for me and in my name any or all the following as my agent deems proper for my benefit:

ASSETS - To buy, sell, rent, retain, loan, borrow, exchange, transfer, lease, mortgage, and pledge all forms of property, real, personal, and mixed, wheresoever situtated, which I may now or hereafter own or in which I may now or hereafter have any ownership interest; to execute agreements of sale, deeds, bills of sale, notes, confessions of judgment, mortgages, releases, security interests, assignments, stock transfer powers, and any other writings necessary or convenient to carry out any of the powers herein; to purchase, redeem or transfer U.S. Savings Bonds and any other obligations of the United States of America; to claim or disclaim any interest in estates, trusts, or any other property or as beneficiary of any life insurance, qualified retirement plan, pension plan, annuity, tentative trust or any other property; to withdraw and receive any income or principal of a trust; and to claim or disclaim an elective share or any other rights in the estate of a deceased spouse or to a survivorship interest in any property or assets owned with a deceased spouse.

REAL ESTATE - To deal with any real estate I may own, or in which I may have any ownership interest, and any and all other real estate I may hereafter acquire or like to acquire, as fully on my behalf as I can. Specifically, I authorize my agent to buy or sell any such real estate at public or private sale on a cash or installment basis or by any other method and to fix the sales price. My agent may mortgage, encumber, assign or transfer said real estate in any manner. My agent may lease the property and fix the rental. My agent may sell the property and take back a purchase money mortgage, obligation or security interest and fix the terms and maturity thereof. My agent may develop the property, subdivide it, apply for changes of zoning, subdivision and any other municipal approvals or actions. My agent may hire brokers, lawyers, surveyors and pest and termite inspectors if necessary, may secure one or more appraisals of the property or dispense with the same, and may make any necessary improvements to the well, septic, heating, electrical and structural systems. My agent may sign leases, agreements of sale, deeds, mortgages, notes, settlement papers, affidavits and any other documents and writings, and invest the proceeds of any sale. My agent may manage, maintain, develop, trade and deal with said real estate in any manner that I can, and the specific authorization set forth in this Paragraph shall not be deemed or construed to limit the generality of this authorization. My agent may grant one or more conservative easements even though it lessens the value of real estate.

GENERAL BUSINESS - To pay bills, debts, expenses and perform all other obligations; to enter into, modify or cancel contracts; to deal with lost securities; to procure and file claims for pensions, profit sharing, Social Security, Medicare, and insurance and benefits of any other type; to compromise claims or handle litigation, whether by administrative, equitable, judicial or other procedures; to employ or discharge lawyers, accountants and other employees; to establish investment, custodial, agency or other accounts for the safekeeping and/or management of any or all of my assets; to collect income and accounts receivable; to accept any monies or other assets due me from any source; to incur, create or renew indebtedness and obligations; to vote my stock or interest in any corporation or partnership; to enter into any business contracts or arrangements; and to incur obligations.

RETIREMENT PLANS - To contribute to, withdraw from, make claims for and deposit funds in any type of retirement plan, including, but not limited to, any tax qualified or non-qualified pension, profit sharing, stock bonus, employee savings and retirement plan, deferred compensation plan or individual retirement plan, select and change payment options or beneficiary designations, make roll-over contributions from any retirement plan to other retirement plans and, in general, exercise all powers with respect to retirement plans which I could exercise.

BANKING - To open, close and operate checking accounts, savings accounts and accounts of every nature whatsoever in any bank or financial institution; to deposit or withdraw money by signing checks, withdrawal slips or money orders; to purchase treasurer’s or cashier’s checks; to endorse checks,notes or other obligations; to purchase, renew, retain, withdraw, and sell certificates of deposit or commercial paper, bonds and securities or investments of any type whatsoever; and to open, surrender, enter into and have free access to any safe deposit boxes and to remove or deposit therein securities or documents.

TAXES - To prepare, sign and file tax returns; to make claim for refunds and receive delivery of checks for refunds due me, at either my agent’s address or my address; to exercise options and elections permitted under any tax law; to compromise or adjust taxes; and to act in a representative capacity before any tax authority.

HEALTH CARE - If my condition is such that the Advance Directive for Health-Care applies, and I have executed an Advance Directive for Health-Care, the person named in that Directive shall carry out my wishes as expressed therein. If my condition is not one to which the Act applies, I wish the actions of my Individual Agent named in this Durable Power of Attorney to be governed by the provisions in this paragraph. This health care authorization shall not apply to any Corporate agent. If I have executed an Advance Health Care Declaration, Durable Healthcare Power of Attorney, Advance Directive for Health Care, Revocable Medical Power of Attorney, Living Will or any similar document, prior to, contemporaneously with or subsequent to the execution of this Durable Power of Attorney, the provisions of that other document are incorporated herein and, if inconsistent with this document, shall control.

After consultation with me whenever possible, I authorize my Agent to make all necessary arrangements for my care at home or at any hospital, hospice, nursing home or similar establishment, and to make all decisions relating to my health and medical care. If I am unable to give an informed consent, I direct my Attorney to give or withhold consent for me.

In addition, I authorize my Agent to:

Request, receive or review any of my medical and hospital records;
Employ and discharge any medical personnel;
Give consent to any medical procedure, test or treatment including surgery, or to the withholding or withdrawal of any medical procedure, test or treatment, including surgery, even if this might hasten my death.
I do not believe that the use of every known treatment and procedure designed to sustain life is warranted in every situation. It is my belief that the decisions to use “life-prolonging” treatment depends upon the likelihood of a return to a reasonable level of functioning, the suffering that the treatment will cause, and the quality of life that will result if the treatment is given. If my Agent cannot determine the choice I would want to make, my Agent should make the choice my Agent believes is in my best interests.

8. HIPAA RELEASE AUTHORITY - I intend for my Individual or Corporate Agent to be treated as I would be with respect to my rights regarding the use and disclosure of my individually identifiable health information or other medical records. This release authority applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 (a/k/a HIPAA), 42 USC Section 1320d and 45 CFR 160-164. I authorize any physician, health care professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or other covered health care provider, any insurance company and the Medical Information Bureau Inc. or other health care clearinghouse that has provided treatment or services to me or that has paid for or is seeking payment from me for such services, to give, disclose and release to my agent, without restriction, all of my individually identifiable health information and medical records regarding any past, present or future medical or mental health condition, including all information relating to the diagnosis and treatment of HIV/AIDS, sexually transmitted diseases, mental illness and drug or alcohol abuse. This authority given to my agent shall supersede any prior agreement that I may have made with my health care providers to restrict access to or disclosure of my individually identifiable health information. The authority given my agent has no expiration date and shall expire only in the event that I revoke the authority in writing and deliver it to my health care provider.

9. LIMITED GIFTS - To make any and all limited gifts of real or personal property or both, tangible or intangible, wherever located, or contributions in any amount and at any time to any person, including my agent, or to any religious organization or charity described in Sections 170 ( c) and 2522 (a) of the Internal Revenue Code of 1986. Pursuant to 20 Pa. C.S. Section 5601.2(c ), I specifically allow my agent unfettered discretion and authority to make any and all gifts my agents deem to be in my best interest or in the best interest of my estate.

10. TRUSTS - In the event of my incapacity or inability to manage my affairs, as determined by my agent, to transfer from time to time any or all my assets, whether real, personal or mixed property, and wheresoever located, to any trust established for my benefit, whether created by me or any other person; to terminate and revocable trust of which I am a settler; and to establish one or more trusts for my benefit, or the benefit of my spouse, or the benefit of any descendants of mine as my agent deems appropriate.

11. FIDUCIARY POSITIONS - To renounce fiduciary positions. If I am an admintrator or executor of an estate, guardian, trustee, attorney-in-fact or agent, custodian under the Uniform Gifts to Minors Act or any other kind of fiduciary, I authorize my agent to exercise to the fullest extent permitted by law all of my fiduciary rights, privileges, powers, duties and obligations; and to prepare and present accounts, to enter into family settlement agreements or participate in judicial or administrative audits, and to hire and replace lawyers, accountants and other experts necessary to carry out such tasks.

12. GENERAL POWERS - To perform all and every act concerning my estate and affairs as fully as I could do if personally present. The powers in the foregoing Paragraphs have been set forth in amplification of the full, complete and general powers herein granted and not in limitation thereof.

INDIVIDUAL COMPENSATION AND REIMBURSEMENT - My individual agent shall be entitled to reasonable compensation based upon the actual responsibilities assumed and performed. My individual agent shall be entitled to reimbursement for actual expenses advanced on behalf of the principal and to reasonable expenses incurred in connection with the performance of the individual agent’s duties.

INDIVIDUAL AGENT - The determination that an appointed Individual Agent is not willing and able to act shall be evidenced by: (1) a death certificate; (ii) a resignation or renunciation executed by such appointed Agent; or (iii) a statement to that effect by the physician attending such appointed Individual Agent.

APPOINTMENT OF INDIVIDUAL SUCCESSOR AGENT - In the even that a vacancy exists in the position of my Initial Individual Agent, I hereby appoint my daughter (Name of Your Second Child).

APPOINTMENT OF SUCCESSOR CORPORATE AGENT - In the event that a vacancy exists in the position of my Initial or Successor Individual agent, I hereby appoint (Name a Trust Company Corporate Fuduciary if Your Choice), or its successors, as my Corporate agent. A Corporate agent shall have the same titles, powers, rights, duties and responsibilities given to my original Individual agent by this Power of Attorney. If (Name of Trust Company Corporate Fiduciary that you named)is not willing or unable to act as successor agent then any Corporate Fiduciary can act.

CORPORATE COMPENSATION - The compensation of any corporate agent hereunder shall be calculated and paid in accordance with its standard fee schedule in effect from time to time during such time as it serves as my corporate agent.

DISABILITY - This Power of Attorney shall not be affected by my disability. It shall not be affected or revoked through my mental incapacity, disability, or my disappearance or during uncertainty as to whether I am dead or alive. Any acts or decisions done or caused to be done by my agent pursuant to this Power of Attorney during any such period shall have the same effect and be as binding upon me and my heirs, legal and personal representatives, and assigns, as if I were not incapacitated and not disabled.

REVOCABILITY - As long as I am not incapacitated, I reserve the right to revoke this Power of Attorney by written notice to my agent, and all powers granted herein shall terminate immediately upon receipt of such notice by my agent. I ratify and confirm whatever my agent shall or may do prior to receipt of notice of revocation.

REVOCATION OF EARLIER POWERS - I hereby revoke all Powers of Attorney, of whatsoever kind and to whosoever given, which I signed prior to the date of this Power of Attorney.
RATIFICATION – I ratify and confirm all acts and decisions that my agent shall lawfully do or cause to be done pursuant to this Power of Attorney and all such acts and decisions shall be binding on me and my heirs, legal and personal representatives, and assigns, whether done or caused to be done before or after my revocation of this Power of Attorney, my disability or incapacity, my disappearance, or my death, or during any uncertainty as to whether I am dead or alive, unless and until my agent receives notice of my revocation of this Power of Attorney or notice of my death. All third parties dealing with my agent may rely conclusively on the authority of my agent to act on my behalf pursuant to this Power of Attorney without duty to inquire as to the manner in which such action is being taken or determined.

GUARDIANSHIP PROCEEDINGS - One of my purposes in executing this Power of Attorney is to provide for the proper management of my estate and affairs in the event that I become unable to do so myself, so that a guardianship proceeding will be unnecessary. If, nevertheless, any guardianship proceeding is commenced and I am adjudged legally incapacitated, then I nominate my Individual Agent or Successor Individual Agent or my Corporate Agent as Guardian of my Estate, and I include in this nomination the provisions in this Power of Attorney of the Paragraph entitled “APPOINTMENT OF SUCCESSOR,” and that the nomination for Guardians of my Person shall include any Corporate Agent.

DATE ON WHICH THIS POWER OF ATTORNEY BECOMES EFFECTIVE - This Power of Attorney shall become effective upon the date which I execute it.

IN WITNESS WHEREOF, I have set my hand and affixed my seal on this ____________ day of ________________________, 2016.

_________________________________(SEAL)
(Your Name)

WITNESSES:

________________________________ residing at

_______________________________________

________________________________ residing at

_______________________________________

STATE OF (Name Your State of Residence) )
:
COUNTY OF (Name Your Residence County))

The foregoing Durable Power of Attorney was signed, sealed and declared before me by (Your Name) and signed before me by _______________________________
and ____________________________ witnesses, this _________ day of ________________________, 2016.
____________________________________________
Notary Public/Notarial Officer
ACKNOWLEDGMENT

I, (Name of Your Child or Spouse you name as an agent), have read the attached Power of Attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in (reference your particular states statute) (as modified on Date ) when I act as Agent:

I must act in accordance with the principal’s reasonable expectations to the extent that I actually know of them and, otherwise, in the principal’s best interest.

I must act in good faith and only within the scope of authority granted to me by the principal in the power of attorney.

I shall exercise the powers for the benefit of the Principal.

I shall keep the assets of the Principal separate from my assets.

I shall exercise reasonable caution and prudence.

I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the Principal.

_________________________________________________________
(Your Spouses Name or Your Child or who ever you decide to chose), Agent DATE

Trust

The (YOUR NAME) REVOCABLE TRUST AGREEMENT DATED (Date Signing)

THIS REVOCABLE TRUST AGREEMENT, is made on (Date signing), between (Your Name), (the “Settlor”), and (YOUR NAME), (the “Initial Individual Trustee”). My address is: (Your Full Address).

At such time as (Your Name) is no longer willing or not able to act as Initial Trustee of any trust hereunder, Settlor’s son (Name of Yput Son), shall become (the “Successor Individual Trustee”), if (Name of first Son) predeceases me or is unable to serve as Trustee then I appoint my second Son (Name of Second Son) to serve together with a successor Corporate Co-Trustee who shall be (Name Trust Company Corporate Trustee that you want to use). (Your Second Named Child) and the Corporate CO-TRUSTEE (the “Corporate Trustee”) shall become Successor Co-Trustees hereunder by written instrument indicating their acceptance delivered to Settlor or, if (she or he) is not then living or unable to act then notice shall be given to all adult current beneficiaries who shall then be living. If (Name of Your Second Child or Named second individual trustee) is not willing or is unable to act as Co-Successor Individual Trustee of any trust hereunder the Corporate Trustee shall act as sole Trustee. The Special Independent Trustee can replace the Corporate Trustee hereunder by written instrument indicating that the Corporate Trustee is being replaced with another Successor Corporate Trustee and that Successor Corporate Trustee shall provide notice to all adult current beneficiaries. The Independent Special Trustee shall be (Someone You Trust - for example, Professional, Your attorney, business advisor, counsel, or Family Member who might not be taking under your trust or will) Upon acceptance, the Successor Corporate Trustee shall immediately become vested with all of the powers granted to the original Initial or Successor Individual Trustee or prior Corporate Trustee hereunder without court accounting,

WITNESSETH:

ARTICLE 1

My (First child - use their Name) is married to my daughter-in-law or son-in-law (use their name). They have (1) child: my grandson or if a granddaughter (their name).

My second Son (name) is married they have two children ( Name of grandson and granddaughter).

It is my specific intent not to provide any monetary bequest devise or gift for my daughter-in-law (Of Second Child - Name her for example).

It is also my specific intent not to provide any monetary bequest devise or gift to my grandson, (Name who or whomever you are not providing for).

My intent is to establish a trust. I have, therefore, entered into and executed this agreement with myself as the Initial Trustee and any and all successor Trustees. At the execution of this Trust Agreement, no property or assets have been delivered to the Trustee or any Successor Trustee. Trustee agrees to accept such assets as I may from time to time by deed or by Will deliver to the Trustee for administration, for the purposes and upon the terms hereinafter set forth.

Distributions during my lifetime - During my lifetime Trustee shall distribute the net income to Settlor and as much principal as Settlor requests from time to time. However, during any period when, in the written opinion of Settlor’s physician, Settlor, as a result of mental or physical disability, is unable to manage her own affairs, Trustee may distribute the net income and the principal for the health, maintenance, support and education of Settlor in such manner as it deems appropriate, or may accumulate the net income and add it to principal.

Upon my death, Trustee shall distribute the trust fund as follows:

Trustee shall distribute any items of tangible personal property described in a written memorandum signed by Settlor (together with any policies of insurance on such items) to the individuals named in such memorandum. Under the further provisions of this agreement, Settlor has reserved the right to modify or amend this agreement at any time, and, Settlor hereby directs that any such written memorandum be considered an Amendment to such agreement. In the event that Settlor leaves more than one memorandum at the time of her death, the most recent reference to any item of tangible personal property shall control its disposition. Trustee shall distribute any items of tangible personal property including but not limited to my automobiles, household furnishings and personal effects, together with insurance thereon, not so disposed of effectively

I give and bequeath to my Son's, in equal shares, all of my tangible personal property, if any, which I own at the time of my death, including, but not limited to, household goods, furniture, furnishings, personal effects, and personal motor vehicles, together with all policies of insurance thereon. If either beneficiary cannot agree on a particular item then that item shall be sold and the proceeds added to the residue of the estate.

If either of my Sons shall fail to survive me, I give and bequeath all my tangible personal property to the remaining Son that survives me.

If none of the above beneficiaries survives me, my tangible personal property shall be sold and the proceeds shall be added to the residue of my estate. All costs incurred by my Executor in connection with obtaining possession, appraising, safeguarding, delivering or selling such property shall be paid as expenses of administering my estate. I request that any memorandum of instructions of mine with respect to the disposition of specific items, although not legally binding, be respected.

All costs incurred by my Executor in connections
with obtaining possession, appraising, safeguarding, delivering or selling such property shall be paid as expenses of administering my estate. I request that any memorandum of instructions of mine with respect to the disposition of specific items, although not legally binding, be respected.

Trustee shall distribute the entire (100%) trust to my spouse.

If my spouse shall pre-decease me remainder 1/2 (one-half) (50%) to my son (Your Child's Name), per stripes and 1/2 one-half 50% to my daughter (name her), per stripes.

ARTICLE 2

If any property is otherwise required to be distributed to a beneficiary who has not attained age twenty-one (21) or is, in Trustee’s opinion, unable to manage funds due to illness or infirmity, Trustee may:

A. Distribute such property to such beneficiary himself or herself; or
B. Apply such property for the benefit of such beneficiary; or
C. Hold the property not so distributed or applied in a separate trust hereunder for the benefit of such beneficiary, and distribute or apply the net income and principal thereof as provided in Subsections A and B thereof.

Trustee shall distribute the property in such trust to the beneficiary upon his or her attaining age twenty-one (21), or upon the termination of his or her incapacity (as the case may be). If the beneficiary dies prior to such distribution, Trustee shall distribute the property to the beneficiary’s estate.

Notwithstanding the foregoing, income (including income attributable to property held pursuant to this Section) which is required to be distributed to a beneficiary in order to qualify a trust hereunder for a tax deduction, exemption or credit, shall be distributed to such beneficiary or any guardian of such beneficiary’s property, if requested in writing by such beneficiary or guardian.

For the purposes of this ARTICLE 2, the determination whether or not a beneficiary is incapacitated shall be made by the Trustee, in the sole discretion of the Trustee, and the Trustee shall not be held liable for any decision or lack of decision as to whether or not any beneficiary is incapacitated. Upon termination of the incapacity of a beneficiary of a trust under this Paragraph, the trust for such beneficiary shall terminate and all remaining principal and for the accrued income shall be distributed to such beneficiary outright.

Any gift, bequest, legacy or devise, or any income or principal which is distributable under this Trust Agreement to a beneficiary who is under twenty-one (21) years of age shall be held by the Trustee in a separate trust for the benefit of such beneficiary and the Net Income shall be paid out by the Trustee at least quarterly.

Any trust created as a result of this ARTICLE 2 shall be governed by the rule of this ARTICLE. The Trustee may apply such amounts, of the net income or principal or both of this trust as the Trustee, in the sole discretion of the Trustee, shall deem proper for the health, support, education (including post-secondary education) and welfare of such beneficiary. Such amounts may be applied directly or may be paid to the person or organization with whom such beneficiary resides or who has care or control of such beneficiary, without the intervention of a Guardian. The Trustee shall not be obligated to supervise or inquire into the application of such amounts by such person or organization, and the receipt of such person or organization shall be a complete release of the Trustee. If a beneficiary dies while a share is being held for such beneficiary under ARTICLE 2, the principal and accrued income remaining in the hands of the Trustee at the beneficiary’s death shall be distributed to a Trust for the benefit of that beneficiaries children or if not children then to the beneficiary’s estate and the Trustee shall have no responsibility under this ARTICLE 2, or under any other provision of this Trust Agreement, to see to, review or judge the use or disposition of any amount or asset distributed to any beneficiary under this Trust Agreement. The provisions of this ARTICLE 2 shall not apply to the Marital Trusts.

ARTICLE 3

Spendthirft Provision. A beneficiary may not alienate or in any other manner assign or transfer his or her interest in any trust hereunder, and no one may attach or otherwise reach any interest of any beneficiary hereunder to satisfy a claim against that beneficiary, whether the claim is legal or equitable in origin. The provisions of this Section shall not lmit or otherwise affect any power of appointment conferred upon a beneficiary or the right of a beneficiary to disclaim or release any interest created hereunder.

All principal and income shall, until actual distribution to a beneficiary, be free of the debts, contracts, alienations and anticipations of the beneficiary, and the same shall not be liable to any levy, attachment, execution, sequestration or other claims of the creditors of the beneficiary, while in the possession of the Trustee.


ARTICLE 4

Payment of Death Taxes, Debts and Expenses of Administration. Upon Death of Settlor. On Settlor’s death, Trustee shall distribute to Settlor’s Personal Representative from the trust fund so much of the assets of the trust fund as Settlor’s Personal Representative certifies as necessary or desirable to provide Settlor’s estate with funds to pay Settlor’s funeral expenses (regardless of legal limitations), debts, the costs of administering Settlor’s estate, any transfer taxes resulting from Settlor’s death, and any cash bequests provided for in Settlor’s Will. Trustee shall not distribute any property which is not includable in Settlor’s gross estate for transfer tax purposes.

Trustee shall make such distributions directly to the appropriate payee, if so directed by Settlor’s Personal Representative, and otherwise to such Personal Representative. The certification of Settlor’s Personal Representative will bind Trustee and all persons having any interest in any trust hereunder.

ARTICLE 5

The Trustee shall have, in addition to the powers vested in the Trustee by law, the following discretionary powers:

To make any distribution hereunder in cash or in kind, or partly in cash and partly in kind.
To retain any asset which is a part of any trust for such length of time as the Trustee may deep property without any liability by reason of such retentions.

To sell exchange, pledge or otherwise dispose of and to grant options for the sale or exchange of any stocks, bonds, securities, or other personal property at such time, for such prices, upon such terms, and in such manner as the Trustee may deem advisable; and to vote and exercise all rights and power concerning any asset which could be exercised by any competent adult owning the asset in his sole name.
To invest, reinvest and keep invested the principal of any trust, and any accumulated income, in preferred and common stocks, bonds, real estate, savings accounts, and any other securities an property, including any common trust fund or any stocks, bonds, debentures or other securities issued or operated by an corporate Trustee, as the Trustee may deem prudent, not limiting it to so-called “legal investments;” and to keep unvested such h amounts of cash from time to time as the Trustee may deem to be appropriate.

To register any of the investments held hereunder in the name or “street name: of any Corporate Trustee or the Trustee’s nominees, or to hold said investments unregistered.
To purchase, acquire, hold, mange, develop, operate, repair, alter, improve, partition, sell, exchange, convey by deed, mortgage and grant options for the sale or exchange of real estate, or any interest in real estate, at such times, for such prices, upon such terms and in such manner as the Trustee may deem advisable; to lease the same for any period of time, notwithstanding any statutory provisions and even extending beyond the termination of any trust, upon such terms and in such manner, as the Trustee may deem advisable; to foreclosed mortgages and bid on property under foreclosure, and hold, lease and mortgage the same, and continue mortgage investments upon and after maturity either with or without renewal or extension and consent to the modification, renewal or extension upon such terms as the Trustee may deem advisable; to consent to the modification, renewal or extension of any bond or mortgage or of any terms or provisions thereof, or of any guarantee thereof, or to the release of any such guarantee; and to use such part of the principal of any trust as may be necessary for ht protection of any investment in real estate or in any mortgage on real estate or for any of the other purposes authorized hereinabove as the Trustee may deem advisable.

To possess the following authorities and powers relating to environmental situations:
My Trustee may, in my trustee’s discretion, periodically inspect, review and monitor, or require the inspection, review and monitoring of any and all property held in any trust created under this Trust Agreement or any property or interest which has the potential of becoming trust principal or income for the purpose of determining compliance with any law, rule or regulation affecting such property, with all expenses of such inspection, review and monitoring to be charged equitably to income or principal of the trust.

My Trustee shall have the power to disclaim any power, or to refuse to take title to any property or interest which, in my Trustee’s sole discretion, will or may cause my Trustee to considered an “owner” or “operator” of property held in any trust, under the provisions of the Comprehensive Environmental Response, Compensation and Liability Act, (CERCLA(, as amended from time to time, or which shall otherwise cause my Trustee to incur liability under CERCLA or any other federal, state or local law, rule or regulations. The power as contained in this Section shall apply to any power or property, whether actually set forth in this Trust Agreement, incorporated by refenced herein, or granted or implied by any statue or rule of law.

Before accepting any contributions of property to any trust, my Trustee shall be entitled, in my Trustee’s sole discretion, without cost to my Trustee, and as a prerequisite to accepting any such contribution to the trust, to require evidence satisfactory to my Trustee that (1) the property is not contaminated by any hazardous or toxic materials or substances; and (2) the property is not being used and has never been used for any activities directly or indirectly involving the generation, use, treatment, storage, disposal, release or discharge of any hazardous or toxic materials or substances.

My Trustee shall not be personally liable to any beneficiary or any other party for any exercise of the powers contained in this Section or for any decrease in value of assets in the trust by reason of the Trustee’s compliance with any environmental laws, specifically including any reporting requirements under such laws.

To determine what constitutes income and principal with respect to all property in accordance with the Principal and Income Act of Pennsylvania, or if such Act does not provide for a particular situation, as the Trustee may deem equitable.

To borrow money from any person or institution including any corporate Trustee hereunder, and to pledge assets as security for the repayment of any such loan.

To employ or retain lawyers, advisors, accountants, custodians, and other agents and employees: and to pay compensation for their services as may be reasonable; and the opinion of such legal counsel shall be a full and complete authorization and protection with respect to any action taken or omitted to be taken by the Trustee in good faith and in accordance with the oping sof such counsel. If a bank or their financial intuition is employed for custodian or other services, to pay to that bank or financial institution a fee in accordance with its fees schedule for the services rendered.

To compromise, arbitrate or adjust, upon such terms as the Trustee may deem advisable, any claims against or in favor of any trust without order of court or consent of any beneficiary; to enter into any agreements and execute all instruments necessary to carry out the powers conferred by this Trusts Agreement; and to make all expenditures necessary for the protection, preservation and defense of any trust.

To exercise, at such times and in such manner as the trustee shall deem appropriate, any rights of election or other rights which may from time to time be available to the Trustee under or in respect of the provisions of the Internal revenue code or of any other tax law, regardless of whether the cecsins of the Trustee in a particular case may be the most advantageous one from the point of view of any trust as an entity or from the point of view of any person have any interest therein, and without limited in the generality of the foregoing, to make such decisions as the Trustee may deem appropriate in all the circumstances in respect of claiming expenses or other items as deductions for estate tax or for income tax purposes; to determine whether to claim deductions available to me or to my estate on estate tax or on income tax returns, and to determine the date upon which to value my estate for estate tax purposes, all in such manner as may seem most advisable and without thereafter making any adjustment between income and principal on account of any such determination; and to make the election provided for in Section 2056(b)(7)(B)(v) of the Internal Revenue Code, with respect to all or any part of the assets qualifying for such election; and to make the election provided for in Section 2652 (a)(3) of the Code as appropriate.

Except as otherwise provided in this Trust Agreement, to determine whether the compensation of the Trustee, any administration expenses or other expenditure shall be charged against principal or income, or partly against each, without any requirement of adjustments or reimbursement among beneficiaries.

Whenever two Trustees serve hereunder, to delegate any powers and duties to one another, by instrument in writing setting forth the particulars of such delegation and the duration thereof; provided, however, that any such power or duty is not prohibited to such other Trustee by law or by other provisions of this Agreement.

To hold two (2) or more trusts hereunder as a combined fund (allocating ratably to such trusts all receipts from, and expenses of, the combined fund) for convenience in investment and administration; provided that any combination of trusts for this purpose shall not alter their status as separate trusts.

To carry on any business in which I have an interest, whether as a partners, shareholder or individual proprietor, which becomes an asset of any trust, for whatever period of time as the Trustee shall think proper; and the Trustee shall have the power to take any and all action the trustee may deem necessary or appropriate, including, without being limited to , the power to reconstitute the business, to borrow, to close out, liquidate or sell the assets of the business or my interest in the business, at such time and upon such terms as the trustee may deem best, The Trustee shall not be held liable for any loss resulting from the trustee’ managing or disposing of any such business, other than for fraud or willful misconduct.

To perform all other acts the Trustee may deem necessary or advisable for the complete administration of any trust hereunder.

In order to avoid any possible conflict of interest and any possible tax problems, no individual shall, as a Trustee, ever participate in making any determinations with respect to matters directly affecting the individual or persons for whom the individual is under legal obligations to support. Specifically, such individual shall not participate in making decisions on whether or not or how to: make discretionary distributions of income or principal or both; allocate any expenditure to principal or income or both; determine if a beneficiary is disabled, incapacitated or incompetent; terminate a trust in whole or part; or create or eliminate any general power of appointment.

In the exercise of all Trustee duties, the Trustee is hereby expressly relieved from any liability or responsibility whatsoever, except through actual fraud or willful misconduct on the part of the Trustee to be charged.

ARTICLE 6

For purposes of this agreement, the following definitions shall apply:

A. Agreement – The terms “agreement” or “trust agreement” shall refer to this agreement and all trusts created under the terms of this agreement.

B. Education for purposes of this agreement, the term “education” shall include, but not be limited to: Enrollment at private elementary, junior and senior high schools, including boarding schools; Undergraduate and graduate study in any field at colleague or university; Specialized, vocational or professional training or instruction at any institution, including private instruction; or Any other curriculum, institution or activity that my Trustee, in its sole and absolute discretion, deems useful for developing the abilities and interest of the beneficiary including, without limitation, athletic training, musical instruction, theatrical training, the arts and travel.

For purposes of this agreement education shall also include distributions made by my Trustee for expenses such as tuition, room and board, fees, books and supplies, tutoring, transportation, and reasonable allowance for living expenses.

C. Incapacity: A person shall be deemed incapacitated in the following circumstances except as otherwise provided in this agreement: An Individual shall be deemed incapacitated whenever, in the opinion of two licensed physicians, such individual is so incapacitated that he or she is unable to effectively manage his or her property or financial affairs, whether such incapacity is a result of age, illness, use of prescription medications, drugs or other substances, or any other cause. Also during any period that a conservator or guardian for such individual has been appointed or during any period that such individual is legally incompetent as determined by a court of competent jurisdiction.

D. Internal Revenue Code References to the “Internal Revenue Code” or to provisions thereof shall refer to the Internal Revenue Code of 1986, as amended. References to the “Regulations” are to the Treasury Regulations under the Internal Revenue Code.
Reference to any provisions or section of that Code shall be deemed to refer to the provision or section of the federal tax law in effect on the date of my death that corresponds to the provision or section referred to that was in effect at the time of the execution of this agreement.

My Trustee shall bear no liability for a decision made in good faith pursuant to the power granted under the terms of this section defining the term “Internal Revenue Code.”

E. Whenever a distribution is to be made to a beneficiary per stirpes, the distribution shall be made to that persons issue or their child(ren) or their lineal descendants of that person of all generations.

F. “Qualified Retirement Benefits” means any qualified retirement plan, individual retirement account (“IRA”) or other retirement arrangement subject to the “minimum distribution rules” of Section 401(a)(9) of the Internal Revenue Code,l or other comparable provisions of law.

G. Settlor shall have the same legal meaning as “Grantor”, “Trustor” or any other term referring to the maker of a trust.

H. The terms “trust,”, “revocable trust,” or “trust agreement” shall refer to this agreement and all trusts created under the terms of this agreement.

I. The term “Trustee” refers to the Trustee named in the first Paragraph before ARTICLE ONE as well as any successor, substitute, replacement or additional person, corporation or other entity from time to time acting as the Trustee, whether there shall be one of more Trustees acting from time to time.

J. Independent Special Trustee – Refers to the Trustee that has the ability to appoint, substitute or replace a Corporate Trustee.

K. Personal Representative means the executor or administrator of a decedent’s estate and shall include all persons serving in such capacity from time to time.

L. Use of the verb “shall” in this declaration indicates a mandatory direction, and use of the verb “may” indicates authorization to take action.

M. Reference to a beneficiary as “then living” is intended to mean that such beneficiary shall be living on the date of death of Settlor.

N. Captions, headings and sub-headings, as used herein, are for convenience only and have no legal or dispositive effect.

ARTICLE 7

Trust Situs. This agreement shall be governed, construed and administered according to the laws of the (Commonwealth of OR State of) (Your State) (as from time to time amended, except as to trust property required by law to be governed by the laws of another jurisdiction and unless my Trustee elects to change the trust situs as provided in this Agreement.

However, if at any time the person or corporation acting as Trustee of the trusts created by this Declaration resides in, or is doing business in, a state other than (State You Live In), Trustee may change the situs of the trust to the state in which Trustee resides or is doing business, and thereafter all matters pertaining to the validity, construction, and application of this Declaration or to the administration of the trusts created by it shall be governed by the laws of such state.

ARTICLE 8

The validity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement. Thus if any provision is invalid, the remaining provisions of this agreement shall be interpreted and construed as if any invalid provision had never been included in this agreement.

ARTICLE 9

The provision of this Article shall apply to any retirement plans and insurance policies owned or made payable to my trust.

The following provisions are applicable to retirement plans:

During my life, I reserve all rights, powers and options, including, but not limited to, the right to designate and change beneficiaries, the right to borrow money, the right to receive all payments as owner and the right to make any available elections in connection with any retirement plan whether a qualified retirement, pension, profit sharing, Keogh, individual retirement account, or any other like plan (collectively referred to as “Retirement Plan”).

My Trustee, in its sole and absolute discretion, may exercise any right to determine the manner and timing of payment (by lump sum or otherwise) of Retirement Plan benefits that are permitted under any Retirement Plan and that is consistent with the federal income tax rules regarding required minimum distributions under Section 401(a)(9) of the Code.

My Trustee shall not be liable to any beneficiary for the death benefit election selected or for any decision regarding the disclaimer of the benefits of any Retirement Plans that are payable to my trust.

The following provisions are applicable to life insurance policies:

During my life, I reserve all of the rights, powers, privileges, and options, including, but not limited to, the right to designate and change beneficiaries, the right to borrow money, the right to surrender, the right to receive any payments as owner, and the right to make any available elections with respect to any insurance policy, annuity, or any other third-party beneficiary contract made payable to my trust.

My Trustee shall have no duty to exercise, or not exercise, any rights, powers, privileges or options with respect to any insurance policy, annuity contract or other third-party beneficiary contract and my Trustee shall have no obligation to pay premiums or other contractual amounts that may be payable under any such policy.

After my death, my Trustee may make all appropriate elections with respect to such policies and may collect all sums made payable to my trust or my Trustee under all such policies or contracts.

My Trustee may, in its sole and absolute discretion, exercise any settlement options or other options or rights that may be available under the terms of any policy or contract. My Trustee shall not be liable to any beneficiary on account of any election made by my Trustee with respect to any policy or contract.

Persons or entities dealing in good faith with my Trustee shall not be required to see to the proper application of proceeds delivered to my Trustee, or to inquire into any provision of this agreement.

The receipt of my Trustee for any proceeds or benefits paid shall be a sufficient discharge to the person or entity making such payment.

My Trustee shall make reasonable effort to collect all proceeds of life insurance policies or Retirement Plan benefits that are payable to my Trustee.

My Trustee may commence legal or administrative proceedings to collect the proceeds of any life insurance policy or Retirement Plan benefits, provided, however, that my Trustee need not commence any such proceedings until my Trustee is indemnified to it satisfaction for any expenses and liabilities it may incur as a result of such proceeding.

My Trustee may, in its sole and absolute discretion, settle or compromise any and all claims with respect to the collection of any life insurance proceeds or Retirement Plan benefits. Any such settlement made by my Trustee shall be binding on all beneficiaries.
The provisions of this Article or any other provision of this agreement shall not impose any obligation, legal or otherwise, on my Trustee or me to purchase, invest, or maintain any Retirement Plan or Life Insurance Policy.

With respect to any amounts remaining in an individual retirement account (‘IRA”), as defined Internal Revenue Code 408(a) owned by me at death and payable to the trust, I direct my Trustee, or any successor Trustee:

To transfer any such amount to an IRA offered and managed by the Corporate Trustee or its affiliates and to charge its standard schedule of fees in effect as of the time its services are performed with respect to such amounts in the IRA, to be paid from the IRA account, in addition to the fees which it charges with respect to this trust; or
To direct the investment of such amounts in such IRA which are custodied by an institution other than the existing Corporate Trustee and to charge fees in accordance with its standard schedule of fees in effect at the time such services are performed, to be paid from the assets of such IRA, in addition to the fees which it charges with respect to this trust; and
To apply the following rules to amounts received from the IRA in determining whether such amounts are principal and income for trust accounting purposes in this trust:

The value of the amounts in the IRA as of the date of death of the IRA participant shall be treated as principal;
Increases in amounts in the IRA after the date of death of the IRA participant shall be treated as income or principal based on the characterization rules applicable to assets of this trust.

To make any withdrawals from the IRA first from amounts characterized pursuant to the above, as income to the IRA.

ARTICLE 10

SUCCESSOR TRUSTEES. Upon acceptance, a successor Trustee shall immediately become vested with all of the powers granted to the original Trustee hereunder without court accounting.

Trustee may resign by written notice delivered to Settlor or if she is not then living, to all Adult current beneficiaries who shall be be then living, and Trustee may be removed by written notice signed by Settlor. If Trustee is removed, resigns, or is no longer willing and able to act, and no successor named, the Special Independent Trustee shall name an individual or bank or trust company who shall be appointed successor Trustee by written notice signed by Settlor or if she is not then living, to Settlor’s Adult current beneficiaries who shall be then living.

Unless objections are filed as provided below, Trustee shall, within sixty (60) days after giving notice of resignation or receiving notice of removal, deliver the assets held in such trust to the successor Trustee.

Upon giving notice of resignation or upon receiving notice of removal, Trustee shall deliver a statement of its activities to the date of such notice for which it has not reported to the person or persons to whom Trustee gave notice of resignation or who were authorized to remove Trustee. Such person or persons shall have thirty (30) days from receipt of such statement to file with Trustee any objections to its actions as Trustee. If no such objections are filed, Trustee shall be without any further liability or responsibility to any past, present, or future beneficiaries.

No successor Trustee shall be required to examine into the acts of its predecessor Trustee, and each successor Trustee shall have responsibility only with respect to the property actually delivered to it by its predecessor Trustee.

Nothwithstanding the foregoing provisions of this Section, Trustee may, but shall not be required to, prepare and file accountings for a trust hereunder with a court of competent jurisdiction. Further, prior to delivering all the property of a trust hereunder to a successor trustee or to making any partial or complete distribution of the trust estate, Trustee may require an approval of the trust’s accounting either by a release and discharge by the beneficiary or beneficiaries of the trust or by a court of competent jurisdiction. All of Trustee’s fees and expenses (including reasonable attorneys’ fees) attributable to any accounting and/or approval shall be paid by the trust.

ARTICLE 11

Revocability. This Trust Agreement is revocable, and I may amend, revoke or terminate this Trust Agreement, in whole or in part, at any time and from time to time by giving written notice to the Trustee.

I certify that I have read this revocable trust, that I understand it, and that it correctly states the provisions under which my trust property is to be administered and distributed by my Trustee.

EXECUTED on ________________________________________, 2016.

SETTLOR:

________________________________ (SEAL)
(YOUR NAME)

Witness: ___________________________ (SEAL)

Witness: ___________________________ (SEAL)

TRUSTEE:

_________________________________ (SEAL)
(YOUR NAME)

Witness: ______________________________ (SEAL)

Witness: ___________________________ (SEAL)

(COMMONWEALTH OF OR STATE OF) :

: SS.

COUNTY OF (County you live in) :

On this _____________ day of _______________________________, 2016, before me, a Notary Public for the (Commonwealth of OR State of ) (Your State), personally appeared (Your Name) known to me to be a person whose name is subscribed to the foregoing Revocable Trust and to the within instrument as Settlor and Trustee acknowledged that she executed the same for the purposes therein mentioned.

Witness my hand and Notaries official Seal.

_________________________________ (SEAL)
Notary Public

 

REVOCABLE TRUST AGREEMENT

OF

(Your Name)

DATED (Date Signed)

(Name of Law Firm)
(Address of Your Law Firm)
(

Living Will


DURABLE POWER OF ATTORNEY FOR HEALTH CARE
AND ADVANCE HEALTH CARE DECLARATION

PART I

DURABLE HEALTH CARE POWER OF ATTORNEY

I, (Your Name), of (Your City or Town of Residence), (Your State) (“Principal”), appoint the person named below to be my health care agent to make health and personal care decisions for me.
Effective immediately and continuously until my death or revocation by a writing signed by me or someone authorized to make health care treatment decisions for me, I authorize all health care providers or other covered entities to disclose to my health care agent, upon my agent’s request, any information, oral or written, regarding my physical or mental health including, but not limited to, medical and hospital records and what is otherwise private, privileged, protected or personal health information, such as health information as defined and described in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, 110 Stat. 1936, the regulations promulgated thereunder and any other State or local laws and rules. Information disclosed by a health care provider or other covered entity may be redisclosed and may no longer be subject to the privacy rules provided by 45 C.F.R. Pt. 164.

The remainder of this document will take effect when and only when I lack the ability to understand, make or communicate a choice regarding a health or personal care decision as verified by my attending physician. My health care agent may not delegate the authority to make decisions.

MY HEALTH CARE AGENT HAS ALL OF THE FOLLOWING POWERS SUBJECT TO THE HEALTH CARE TREATMENT INSTRUCTIONS THAT FOLLOW IN PART II:

After consultation with me whenever possible, I authorize my Agent to make all necessary arrangements for my care at home or at any hospital, hospice, nursing home or similar establishment, and to make all decisions relating to my health and medical care. If I am unable to give an informed consent, I direct my Individual Attorney to give or withhold consent for me.
To authorize, withhold or withdraw medical care and surgical procedures.
To authorize, withhold or withdraw nutrition (food) or hydration (water) medically supplied by tube through my nose, stomach, intestines, arteries or veins.
To authorize my admission to or discharge from a medical, nursing, residential or similar facility and to enter into agreements for my care and purchase health insurance for my care, including hospice and/or palliative care.
To hire and fire medical, social service and other support personnel responsible for my care.
To take any legal action necessary to do what I have directed.
To request that a physician responsible for my care issue a do-not-resuscitate (DNR) order, including an out-of-hospital DNR order, and sign any required documents and consents.

In addition, I authorize my Agent to:

Request, receive or review any of my medical and hospital records;
Employ and discharge any medical personnel;
Give consent to any medical procedure, test or treatment including surgery, or to the withholding or withdrawal of any medical procedure, test or treatment, including surgery, even if this might hasten my death.

I do not believe that the use of every known treatment and procedure designed to sustain life is warranted in every situation. It is my belief that the decisions to use “life-prolonging” treatment depends upon the likelihood of a return to a reasonable level of functioning, the suffering that the treatment will cause, and the quality of life that will result if the treatment is given. If my Agent cannot determine the choice I would want to make, my Agent should make the choice my Agent believes is in my best interests.

HIPAA RELEASE AUTHORITY - I intend for my Individual Agent to be treated as I would be with respect to my rights regarding the use and disclosure of my individually identifiable health information or other medical records. This release authority applies to any information governed by the Health Insurance Portability and Accountability Act of 1996 (a/k/a HIPAA), 42 USC Section 1320d and 45 CFR 160-164. I authorize any physician, health care professional, dentist, health plan, hospital, clinic, laboratory, pharmacy or other covered health care provider, any insurance company and the Medical Information Bureau Inc. or other health care clearinghouse that has provided treatment or services to me or that has paid for or is seeking payment from me for such services, to give, disclose and release to my agent, without restriction, all of my individually identifiable health information and medical records regarding any past, present or future medical or mental health condition, including all information relating to the diagnosis and treatment of HIV/AIDS, sexually transmitted diseases, mental illness and drug or alcohol abuse. This authority given to my agent shall supersede any prior agreement that I may have made with my health care providers to restrict access to or disclosure of my individually identifiable health information. The authority given my agent has no expiration date and shall expire only in the event that I revoke the authority in writing and deliver it to my health care provider.

APPOINTMENT OF HEALTH CARE AGENT.

I hereby appoint the following health care agent:

My spouse or son, (Name either Your Spouse or Child)
If my health care agent is not readily available, I appoint the person or persons named below in the order named.

FIRST ALTERNATIVE HEALTH CARE AGENT:
My son, (Spouse or Name of Child or who ever you want to name)

PART II

HEALTH CARE TREATMENT INSTRUCTIONS IN THE EVENT OF END-
STAGE MEDICAL CONDITION OR PERMANENT UNCONSCIOUSNESS
(LIVING WILL)

The following health care treatment instructions exercise my right to make my own health care decisions. These instructions are intended to provide clear and convincing evidence of my wishes to be followed when I lack the capacity to understand, make or communicate my treatment decisions:

IF I HAVE AN END-STAGE MEDICAL CONDITION (WHICH WILL RESULT IN MY DEATH, DESPITE THE INTRODUCTION OR CONTINUATION OF MEDICAL TREATMENT) OR AM PERMANENTLY UNCONSCIOUS SUCH AS AN IRREVERSIBLE COMA OR AN IRREVERSIBLE VEGETATIVE STATE AND THERE IS NO REALISTIC HOPE OF SIGNIFICANT RECOVERY, ALL OF THE FOLLOWING APPLY:

I direct that I be given health care treatment to relieve pain or provide comfort even if such treatment might shorten my life, suppress my appetite or my breathing, or be habit forming.
I direct that all life prolonging procedures be withheld or withdrawn.
I specifically do not want any of the following as life prolonging procedures:

Heart-lung resuscitation (CPR);
Mechanical ventilator (breathing machine);
Dialysis (kidney machine);
Surgery;
Chemotherapy;
Radiation treatment;
Antibiotics;

I do not want nutrition (food) or hydration (water) medically supplied by a tube into my nose, stomach, intestine, arteries, or veins if I have an end-stage medical condition or are permanently unconscious and there is no realistic hope of significant recovery.

HEALTH CARE AGENT’S USE OF INSTRUCTIONS

My health care agent must follow these instructions (Or you can indicate it's a guide and they are to decide for you).

All efforts shall be made by my agent to keep me at my residence at (Your residence ) or if special care is needed the (Name of a special nursing care at (Name of a special place location you would like to be). I prefer not to be placed in any other medical facility or nursing care program.

LEGAL PROTECTION

(Your State) law protects my health care agent and health care providers from any legal liability for their good faith actions in following my wishes as expressed in this form or in complying with my health care agent’s direction. On behalf of myself, my executors and heirs, I further hold my health care agent and my health care providers harmless and indemnify them against any claim for their good faith actions in recognizing my health care agent’s authority or in following my treatment instructions.

ORGAN DONATION

I (consent OR Do Not Consent) to donate my organs and tissues at the time of my death for the purpose of transplant, medical study or education.

IN WITNESS WHEREOF, I have executed this Durable Power of Attorney for Health Care and Advance Health Care Declaration this ____________ day of _________________, 2016.

________________________________
(YOUR NAME)

I believe (YOUR NAME) to be of sound mind. I did not sign (YOUR NAME) signature above for or at her direction. I am at least 18 years of age and am not related to (YOUR NAME) by blood or marriage, have no claim against any portion of her estate according to the laws of intestate succession of (Your State) or under any Will or Codicil thereto, nor am I directly or indirectly financially responsible for her medical care. I am not (YOUR NAME) attending physician, an employee of the attending physician, or an employee of the health facility in which she is a patient.

Witnesses: _________________________________________________

Witnesses: _________________________________________________

STATE OF (YOUR STATE) :
: SS.
COUNTY OF (YOUR COUNTY) :

On the ____________ day of ________________________, 2016, before me the undersigned, a Notary Public for the State of (Your State) residing in the County of Montgomery, personally came me the above-named, (YOUR NAME) due form of law, acknowledged the above Durable Power of Attorney for Health Care and Advance Health Care Declaration to be her act and deed to the end that the same might be recorded as such.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

__________________________________________
Notary Public/Notarial Officer