Pre - Individual Living Trust Package Form - Guideway Legal Document and Mediation Services

Individual Living Trust Package

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This is a worksheet that will assist Guideway in preparing your estate plan documents. A revocable Living Trust is an instrument that is created by you, the Settlor, and defines the duties and responsibilities of the Trustee to manage property transferred to the Living Trust and to distribute the property after your death according to your instructions. If you die or are unable to serve for any reason, a successor Trustee designated by you steps in to serve. A Living Trust is revocable and may be terminated at your direction while you are alive and well. This workbook will also generate individual documents, including Pour Over Wills, Uniform Statutory Form Powers of Attorney, Advance Healthcare Directives, HIPAA Authorization and Waiver, and Final Disposition Instructions. A helpful personal organizer is also included.

This workbook and your answers are used by Guideway to prepare the requested legal forms. Please use the information found in this workbook and, if applicable, in the appropriate Guideway Overview on the subject or your own knowledge or independent research when deciding how to proceed in your legal matter. If you need additional resources, please do not hesitate to ask your Guideway Representative for help in finding them. Please complete this workbook carefully and legibly. Please cross out or write "N/A" above any answer that does not apply to your situation. If an answer is left blank, Guideway will assume the intended answer is "none" or "N/A". You can find much more detailed information on these documents in the Revocable Living Trusts Overview.

ENTER INFORMATION ABOUT THE SETTLOR

This is the individual who is establishing the trust. The Settlor will also be the Trustee and will manage the trust while he or she is alive and well.

Name*

Email*

Gender*

Male
Female

Are you a US Citizen?*

Yes
No

Address*

Street Address Address Line 2 City State ZIP Code

Phone*

Email*

Are you known by any other names?*

No
Yes

If yes, please list

MARITAL STATUS

MARITAL STATUS*

If married enter the name of spouse or registered domestic partner:

If you answered "married" or "registered domestic partner", is your spouse a US citizen?

Yes
No

If you answered "married" or "registered domestic partner", are you currently involved in a proceeding for divorce or legal separation?

Yes, Divorce
Yes, Legal Separation
No
N/A

Do you wish to specifically disinherit your spouse or registered domestic partner?

Yes
No
N/A

NAME THE TRUST

Is this a new living trust, or is this a restated living trust?*

This is a new living trust.
This is a restated living trust.

Enter the name that you would like to call the trust.*

E.G.: THE JOHN AND JANE SMITH LIVING TRUST

Enter the name of the existing trust.*

The date of the original trust instrument is*

The trust was amended previously on*

(include dates of all prior amendments)

Please attach a copy of page from the trust that shows the exact name of the trust, the date it was executed, and the exact names of the Trustees.*

Max. file size: 256 MB.

DO YOU HAVE ANY LIVING CHILDREN?*

Yes
No

LIST LIVING CHILDREN

FULL LEGAL NAME	D.O.B (optional)	GENDER (M/F)	IS CHILD A MINOR? (Yes/No)

DO YOU HAVE ANY PREDECEASED CHILDREN?*

Yes
No

If “Yes”, what are the names of your deceased children AND the names of your grandchildren, if any, from the predeceased children?

NOMINATION OF GUARDIAN

Enter the name of the adult you would like to nominate as guardian for your minor child(ren). This is the person who will raise your minor children if something happens to both parents. You are welcome to name members of a couple as co-guardians. If you wish to do so, please put both of their names in a single entry below. You must also indicate which member of the couple should remain the guardian in the event the couple divorces.

Name	Actions

There are no Guardians.

IF YOU LISTED TWO GUARDIANS, INDICATE HOW THEY SHOULD SERVE.

Only one Guardian (no back-up is named)
A primary Guardian with only one named successor Guardian.
A primary Guardian with a named successor Guardian and then a third named successor Guardian.
A primary Guardian with two successor co-Guardians if the primary Guardian stops acting.
Two co-Guardians only, the survivor acts alone (no successor is named).
Two co-Guardians; the survivor acts alone and a successor Guardian is named in case both of the co-Guardians stop acting.

If co-guardians are named and they are married, who should remain the guardian in the event the couple divorces

SUCCESSOR TRUSTEE(S)

Enter the information for your successor trustee(s). The successor trustee carries out your wishes and manages the Trust after your death. The successor trustee also serves as trustee if you are unable to serve as trustee due to incapacity. The individuals you list as successor trustees will also be nominated as the executors of your pour-over will.

Name	Actions

There are no Trustees.

IF YOU LISTED MULTIPLE SUCCESSOR TRUSTEES, INDICATE HOW THEY SHOULD SERVE. (Select only one option)

Each successor Trustee will serve one at a time in the order listed.
All successor Trustees will serve together as co-Trustees.
The first two will serve as co-Trustees; the third will serve if either of the first two is unable.
The first two will serve as co-Trustees; the third will serve if both of the first two are unable.
The first will serve alone; the second and third will serve as co-Trustees if the first is unable.

IF YOU SELECTED A SUCCESSOR CO-TRUSTEE OPTION, DO THEY ACT JOINTLY OR SEPARATELY?

Successor co-Trustees must act jointly
Successor co-Trustees may act separately

Note: Although selecting this option will provide each co-Trustee with singular signature authority, this should be limited to "ministerial actions" and all the co-Trustees should agree on decisions relating to the management of the trust. (Select only one option)

Is a SPECIAL NEEDS TRUST desired?*

Yes (We will contact you separately for further details.)
No

BENEFICIARY(IES) - ENTER INFORMATION ABOUT YOUR BENEFICIARIES

Distribute my entire estate equally to all my children (or to the children of any deceased children pro-rata), by right of representation.
To the named beneficiaries listed in the grid on the next page.

Include the percentage (%) or fraction of the trust property that each Primary Beneficiary will receive Also,specify who you want the Alternate Beneficiary(ies) to be if the named Primary Beneficiary predeceases you.
Your trust will include pages for you to designate gifts of personal property to people in your own handwriting. Anypersonal property not disposed of on such pages will be distributed according to your successor trustee's discretion.
When naming a younger person as a residuary beneficiary (or alternate beneficiary), your Living Trust document willdirect your successor Trustee to manage the younger beneficiary’s inheritance until the beneficiary reaches a particular age of your choosing. You can choose an age as young as 18, or as old as you want (ages 25 or 30 are very common).The successor trustee has the discretion to make distributions for the beneficiary’s care, support, comfort and education.
This means the successor trustee can still pay for the younger beneficiary’s college, housing and transportation expensesbefore age 25; this is the age the beneficiary would receive his or her share free from control of the successor trustee. (who you want to receive the "residue", or all of the property owned by the trust that is not used to pay debts or given as a specific gift. This distribution, made after your death, will most likely comprise the bulk of your estate.

NAME OF PRIMARY BENEFICIARY : ALTERNATE BENEFICIARY(IES): (See instructions above) Rank in order of preference (1,2,3)

NAME (Enter the full legal name)	PERCENTAGE or FRACTION: (Should total 100%)(e.g., 25% or 1⁄4)	Relationship (Optional)	Children of the deceased Beneficiary (Do not select if primary beneficiary is an entity)	Surviving Primary Beneficiaries (pro-rata)	Individual(s)/Entity(ies) named	(specify proportions)

PROPRIETARY: This document and information contained herein may not be reproduced, reused or disclosed without the express written permission of Guideway Legal Document and Mediation Services℠ . Revised February 2016.

MINOR BENEFICIARIES: If applicable to your situation, please indicate at what age your would like the successor trustee to make the outright distribution to younger beneficiaries.

(list only one age)

Are any of the primary beneficiaries younger than this age?

Yes
No

Are any of the alternate beneficiaries younger than this age?

Yes
No

For any minor beneficiaries, at what age should distribution from the Trust Estate occur?

Please enter a number greater than or equal to 0.

DISINHERITING

Do you want to disinherit anyone specifically?

Yes
No

List persons for disinheriting

Enter the name and relationship of any relative you specifically do not want to receive anything from your trust. CAUTION: As California is a community property state, you may not be able to disinherit your spouse completely.

Name	Actions

There are no Persons.

SPECIFIC GIFTS (OPTIONAL)

Enter the individual(s) or organization to receive specific gifts of property after your death: You may name individuals or entire “classes” of people as recipients of gifts of either tangible items, fixed amounts of cash, or a percentage of your estate to be taken off the top. For example, you may give each of your grandchildren a gift of $10,000 cash simply by writing the words “EACH GRANDCHILD” in the left field.
You may also grant a person the right to live in a specific residence for the rest of his or her life. Simply describe the gift as a "life estate" in the gift field and we will insert the proper language. If you wish to do this, please indicate who is responsible for paying the bills of the residence (either the recipient of the life estate or the Trust Estate itself). After the death of the life estate recipient, the residence will be distributed along with the residue of your Trust. NOTE: These gifts will be paid out first, and then the rest of the “residue” of your estate will be divided.

TO (Full legal name and relationship of beneficiary)	GIFT (Describe specific gift)	GENDER (Male/Female)	MINOR (Yes/No)

ALTERNATE SPECIFIC GIFT RECIPIENTS (if one or more of the gift recipients listed above prede- ceases you), the gift should instead be distributed to:

Children of the deceased gift recipient
Residue of the Trust Estate: If a gift recipient above predeceases the Settlor, then I would like his or her gift to be distributed along with the residue of my estate (as described in my answer to question 13).
Alternate Instructions: I would like to describe alternate recipients who will receive these gifts if one of the primary gift recipients predeceases me. On another sheet of paper, please describe your alternate gifting instructions simply and succinctly.

Any gifts of cash to a minor described in this question will be held for the minor's benefit in a Uniform Transfers to Minors (UTMA) account until the minor turns a certain age (Guideway will use the same age you indicated in the question above, up to a maximum of age 25). The UTMA account must have a "custodian" who will manage the funds for the minor's benefit.

WHO WOULD YOU LIKE THE MINOR'S UTMA CUSTODIAN FOR SPECIFIC GIFTS OF CASH TO BE? (choose one)

The UTMA Custodian should be the minor gift recipient's parent or legal guardian.
The UTMA Custodian should be the Successor Trustee of my trust.

PROPRIETARY: This document and information contained herein may not be reproduced, reused or disclosed without the express written permission of Guideway Legal Document and Mediation Services℠ . Revised February 2016.

THE POWER OF ATTORNEY FOR FINANCES AND PROPERTY MATTERS SHOULD BE

(choose one):
Definition: A "springing" power of attorney is a power of attorney that only takes effect after the incapacity of the grantor. That means the grantor's doctor must certify that the grantor is truly incapacitated before the power can be used.

Effective Now (for all agents, in the manner specified below)
Effective Upon Disability “Springing” (for all agents below)
Effective Now for the First Financial Agent named below, But Effective Upon Disability “Springing” For The Alternates.

ENTER THE INFORMATION BELOW FOR THE PERSONS TO ACT AS YOUR FINANCIAL AGENT

FIRST FINANCIAL AGENT(S)

Name	Actions

There are no Financial Agents.

IF YOU LISTED MULTIPLE AGENTS ABOVE, INDICATE HOW THEY SHOULD SERVE

Each agent will serve one at a time in the order listed.
All agents will serve together as co-agents.
The first two will serve as co-agents; the third will serve if either of the first two is unable.
The first two will serve as co-agents; the third will serve if both of the first two are unable.
The first will serve alone; the second and third will serve as co-agents if the first is unable.

IF YOU SELECTED A CO-AGENT OPTION, DO THEY ACT JOINTLY OR SEPARATELY?

co-agents must act jointly
co-agents may act separately.

ADVANCE HEALTHCARE DIRECTIVES

Note that your new Advance Healthare Directives will revoke any prior Powers of Attorney for Health Care or Advance Healthcare Directives you may have executed in the past.

ALTERNATE HEALTH CARE AGENT(S)

Name	Actions

There are no Agents.

IF YOU LISTED MULTIPLE ALTERNATE AGENTS ABOVE, INDICATE HOW THEY SHOULD SERVE.

Each agent will serve one at a time in the order listed.
All agents will serve together as co-agents.
The first two will serve as co-agents; the third will serve if either of the first two is unable.
The first two will serve as co-agents; the third will serve if both of the first two are unable.
The first will serve alone; the second and third will serve as co-agents if the first is unable.

IF YOU SELECTED A CO-AGENT OPTION, DO THEY ACT JOINTLY OR SEPARATELY?

Co-agents must act jointly
Co-agents may act separately

ADDITIONAL PERSONS YOU WISH TO HAVE ACCESS TO YOUR HEALTH RECORDS:

Person(s)

Name	Actions

There are no Persons.

END OF LIFE DECISIONS

Choice Not to Prolong Life: I do not want my life to be prolonged if (1) if I am in an irreversible coma or persistent vegetative state; or (2) if I am terminally ill and the use of life-sustaining procedures would serve only to artificially delay the moment of my death; or (3) under any other circumstances in which the burdens of the treatment outweigh the expected benefits.
Choice to Prolong Life: I express the desire that my life be prolonged to the greatest possible extent with- out regard for my physical or mental condition, chance of recovery, likelihood of suffering, or expense and authorize my agent to consent to whatever medical procedures are necessary to accomplish this end. I trust my agent, who knows my desires well, and in whose judgment I have absolute faith to exercise discretionary decisions in a manner that would be satisfactory to me.

END OF LIFE DECISIONS

I do wish to give my agent the authority to donate my organs
I do NOT wish to donate organs.

FINAL DISPOSITION INSTRUCTIONS (optional)

I wish to be buried.
I wish to be cremated.

I want my remains/ashes to be disposed of as follows

I have made pre-need arrangements at

Businesses

DO YOU OWN OR OPERATE A BUSINESS?

Yes
No

If you answer "Yes", language will be included in the Trustee's powers allowing the Trustee authority to manage both incorporated and unincorporated business interests.
This adds considerable length to the trust instrument, so answer "no" if you do not need suchlanguage included.

Businesses

Name of Business	Actions

There are no Businesses.

DO YOU OWN A HOME OR OTHER REAL PROPERTY?

Yes
No

You will need to put your real estate in your trust in order for the real estate to avoid probate. A deed should be prepared for each parcel of real property. Guideway charges an additional fee to prepare trust transfer deeds.

Yes; please prepare trust transfer deeds for the real estate listed below.
No

How many properties need Trust Transfer Deeds to be prepared and recorded?

Properties

Please list the following information for each property below. Use a photocopy of this page if you require Trust Transfer Deeds for more than six properties.

Address	Actions

There are no Properties.

Please include the current deeds for each property so that Guideway may obtain current vesting and other critical information about the property for the new deed(s). If you are not the only owner of a property, then the new trust transfer deed will reflect the interest you own (unless you request another procedure, such as an Affidavit of Death - Joint Tenant; if this is the case, please make this request in writing on this page.)
If you describe a manufactured home in the space above, Guideway will help you transfer title to the mobile home. Please provide the latest Certificate of Title and the original registration certificate. If you do not have the original registration certificate, Guideway can obtain a new certificate for you for a fee. Please consider whether you own the land that the mobile home is sitting on -- if you do, then you will need to prepare both a trust transfer deed for the land and a transfer of the manufactured home title.

IMPORTANT: DID YOU NAME A CAREGIVER AS A BENEFICIARY OF ANY PART OF YOUR ESTATE?

There is a generally a presumption of fraud or undue influence for gifts to a "care custodian of a transferor who is a dependent adult." In such a situation, an independent review of thebequests is required by an independent attorney.
According to Probate Code Section 21362, a “caregiver” is anyone who provides health or social services to a dependent adult, including, but not limited to, the administration of medicine, medical testing, wound care, assistance with hygiene, companionship, housekeeping, shopping, cooking, and assistance with finances. This definition does not apply if the person providing care did so without pay and had a personal relationship with the senior: (1) at least 90 days before providing those services, (2) at least six months before the senior’s death, and (3) before the senior was admitted to hospice care, if applicable.
Gifts to care custodians do not require certificates of independent review in certain situations, including transfers to certain blood relatives. The Probate Code also provides an exception for people with estates larger than $100,000 who make gifts of up to $5,000. See Section 21382 of the Probate Code.

If there is any question in your mind regarding this question, answer “yes”.

Yes
No

A "yes" answer requires an "Independent Review". Please ask for a referral to an attorney who can provide this review. If you answered “yes”, you must undertake the review in order for us to prepare your estate documents.

DRAFT COPY: Would you like a draft of the estate planning documents emailed to you in PDF format in order to study them in advance?

The file will be about 70 pages long. You could also pick up the paper copy if email is not convenient for you.

Yes
No

Where would you like to sign your estate plan?*

When you sign in our office, we will provide complimentary notary, and we will also provide the two required witnesses for your Wills.

Walnut Creek Office
Oakland Office
Dublin Office

ACKNOWLEDGEMENT

I,

acknowledge that

The answers to all questions in this workbook were provided by me. I can update or change my answers in person, by telephone, or by email.
The person who helped me is not an attorney and Guideway is not a law firm nor does it employ any attorneys. I did not receive any legal advice from Guideway or any of its employees in the selection or preparation of my forms.
I have been offered a copy of this workbook (and I either took or declined the copy). I did receive a copy of the Legal Document Assistant Contract for Self-Help Services.
I hereby direct Guideway to type and perform certain services outlined in the Contract.
I declare that the foregoing information which I have provided is, to the best of my knowledge, true and correct.
I agree that I have received the Guideway Revocable Living Trusts Overview and been given the opportunity to read it prior to completing this workbook.

Date

Individual Living Trust Package

ENTER INFORMATION ABOUT THE SETTLOR

MARITAL STATUS

NAME THE TRUST

BENEFICIARY(IES) - ENTER INFORMATION ABOUT YOUR BENEFICIARIES

MINOR BENEFICIARIES: If applicable to your situation, please indicate at what age your would like the successor trustee to make the outright distribution to younger beneficiaries.

SPECIFIC GIFTS (OPTIONAL)

ENTER THE INFORMATION BELOW FOR THE PERSONS TO ACT AS YOUR FINANCIAL AGENT

ADVANCE HEALTHCARE DIRECTIVES

ADDITIONAL PERSONS YOU WISH TO HAVE ACCESS TO YOUR HEALTH RECORDS:

Businesses

IMPORTANT: DID YOU NAME A CAREGIVER AS A BENEFICIARY OF ANY PART OF YOUR ESTATE?

Contact Information

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