Revocable Living Trust Agreement
TEMPLATE - CONSULT ESTATE PLANNING ATTORNEY BEFORE USE
ā ļø IMPORTANT: Trust formation has significant legal and tax implications. This template is for educational purposes. Consult a qualified estate planning attorney licensed in your state before executing any trust agreement.
DECLARATION OF TRUST
.:CDXVIII:. TRUST
This Declaration of Trust (āTrust Agreementā) is made as of [DATE] by:
GRANTOR: [LEGAL NAME] (āGrantorā) [Address] [City, State ZIP]
The Grantor hereby declares that they hold and will hold any property transferred to this Trust upon the terms and conditions set forth herein.
ARTICLE I - TRUST NAME AND IDENTIFICATION
1.1 Name
This Trust shall be known as the .:CDXVIII:. Trust (the āTrustā).
1.2 Tax Identification
During the Grantorās lifetime, the Trust shall use the Grantorās Social Security Number as its tax identification number. Upon the Grantorās death, the Trustee shall obtain a separate Employer Identification Number (EIN).
ARTICLE II - TRUST PROPERTY
2.1 Initial Trust Property
The Grantor hereby transfers to this Trust the property described in Schedule A attached hereto, and any additional property subsequently transferred to the Trust.
2.2 Acceptance
The Trustee accepts the Trust property and agrees to hold, manage, and distribute it according to this Trust Agreement.
ARTICLE III - REVOCABILITY
3.1 Power to Revoke
The Grantor reserves the right to revoke, amend, or modify this Trust in whole or in part at any time during the Grantorās lifetime by written instrument delivered to the Trustee.
3.2 Irrevocability Upon Death
This Trust shall become irrevocable upon the Grantorās death.
ARTICLE IV - TRUSTEES
4.1 Initial Trustee
The Grantor, [LEGAL NAME], shall serve as the initial Trustee.
4.2 Successor Trustee
If the initial Trustee is unable or unwilling to serve, the following shall serve as Successor Trustee in the order listed:
- [SUCCESSOR TRUSTEE 1 NAME]
- [SUCCESSOR TRUSTEE 2 NAME]
- [CORPORATE TRUSTEE / INSTITUTION]
4.3 Trustee Powers
The Trustee shall have all powers necessary to manage the Trust, including but not limited to:
(a) Investment Powers: To invest and reinvest Trust property in any form of property, including stocks, bonds, mutual funds, real estate, and business interests;
(b) Business Powers: To hold, manage, vote, and exercise all rights of ownership in any business interest, including LLC membership interests, partnership interests, and corporate stock;
(c) Property Powers: To buy, sell, lease, mortgage, and otherwise deal with real and personal property;
(d) Banking Powers: To open accounts, deposit and withdraw funds, and maintain banking relationships;
(e) Tax Powers: To file tax returns, make elections, and take any action regarding taxes;
(f) Distribution Powers: To make distributions as provided in this Agreement;
(g) Delegation Powers: To employ attorneys, accountants, investment advisors, and other professionals;
(h) General Powers: To do all acts necessary for the proper administration of the Trust.
4.4 Trustee Compensation
The Trustee shall be entitled to reasonable compensation for services rendered.
4.5 Trustee Liability
No Trustee shall be liable for any loss or depreciation in value of Trust property unless caused by the Trusteeās willful misconduct or gross negligence.
ARTICLE V - DISTRIBUTIONS DURING GRANTORāS LIFETIME
5.1 Income and Principal
During the Grantorās lifetime, the Trustee shall distribute to or for the benefit of the Grantor as much of the income and principal as the Grantor requests or as the Trustee deems appropriate for the Grantorās health, education, maintenance, and support.
5.2 Incapacity
If the Grantor becomes incapacitated (as determined by a licensed physician), the Trustee shall use Trust income and principal for the Grantorās care, comfort, and welfare.
ARTICLE VI - DISTRIBUTIONS UPON GRANTORāS DEATH
6.1 Payment of Debts and Expenses
Upon the Grantorās death, the Trustee shall pay from the Trust: (a) The Grantorās legally enforceable debts; (b) Funeral and burial expenses; (c) Costs of administration; (d) Any estate or inheritance taxes attributable to the Trust.
6.2 Distribution of Remaining Trust Property
After payment of debts and expenses, the Trustee shall distribute the remaining Trust property as follows:
[SPECIFY DISTRIBUTION PLAN - EXAMPLES:]
Option A - Outright Distribution: To [BENEFICIARY NAME], if surviving, or if not, to [ALTERNATE BENEFICIARY].
Option B - Percentage Distribution:
- [X]% to [BENEFICIARY 1]
- [Y]% to [BENEFICIARY 2]
Option C - Continued Trust: The Trust shall continue for the benefit of [BENEFICIARY] until [AGE/EVENT], at which time the remaining property shall be distributed outright.
ARTICLE VII - SPENDTHRIFT PROVISION
No beneficiary shall have the power to anticipate, pledge, assign, or transfer their interest in the Trust, and no creditor of any beneficiary shall have the right to attach or reach such interest.
ARTICLE VIII - GOVERNING LAW
This Trust shall be governed by the laws of the State of Missouri.
ARTICLE IX - SEVERABILITY
If any provision of this Trust is held invalid, the remaining provisions shall remain in effect.
ARTICLE X - TRUST PROTECTOR (OPTIONAL)
10.1 Appointment
[TRUST PROTECTOR NAME] shall serve as Trust Protector.
10.2 Powers
The Trust Protector shall have the power to: (a) Remove and replace Trustees; (b) Modify administrative provisions to respond to changes in tax law; (c) Change the governing law of the Trust.
SIGNATURES
GRANTOR:
___________________________________ Date: _______________ [LEGAL NAME], Grantor
TRUSTEE:
___________________________________ Date: _______________ [LEGAL NAME], Trustee
NOTARY ACKNOWLEDGMENT
State of Missouri County of [COUNTY]
On this _____ day of __________, 20, before me personally appeared [LEGAL NAME], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity.
WITNESS my hand and official seal.
Notary Public My Commission Expires: _______________
SCHEDULE A - TRUST PROPERTY
Initial Trust Property
| Asset Description | Value | Date Transferred |
|---|---|---|
| 100% Membership Interest in Apogee Acquisitions, LLC | $[VALUE] | [DATE] |
Additional assets may be added by amendment to this Schedule A or by separate assignment.
CERTIFICATE OF TRUST
(Separate document for third-party verification without disclosing full trust terms)
CERTIFICATE OF TRUST
.:CDXVIII:. Trust
The undersigned Trustee hereby certifies:
- Trust Name: .:CDXVIII:. Trust
- Date of Creation: [DATE]
- Grantor: [LEGAL NAME]
- Current Trustee: [TRUSTEE NAME]
- Trust is: ā Revocable ā Irrevocable
- Trustee Powers: The Trustee has full power and authority to buy, sell, transfer, and otherwise deal with Trust property, including LLC membership interests.
- Trust Identification: [SSN or EIN]
This Certificate is given for the purpose of establishing the existence and terms of the Trust without requiring disclosure of the full Trust Agreement.
___________________________________ Date: _______________ Trustee