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    • What is a Living Trust?
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    • Spousal Support
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    • Disclosing Assets
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    • Pricing & Fees
    • Trusts & Wills
  • Estate Planning
    • What is a Living Trust?
    • Funding Your Living Trust
    • Power of Attorney
    • Advance Healthcare Directive
    • Successor Trustee
    • Creating a Will
    • Notarizing Your Legal Documents
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  • Joint 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 Settlors, and defines the duties and responsibilities of the Trustees to manage property transferred to the Living Trust and to distribute the property after your deaths according to your instructions. A Living Trust is revocable and may be terminated at your direction while you are both alive and well. This workbook will also generate individual documents for each spouse, 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. If an answer is left blank, Guideway will assume the intended answer is "none" or "N/A".

  • MARITAL STATUS

    Note : This is only for married couples or CA registered domestic partners.
  • ENTER INFORMATION ABOUT THE SETTLOR

    These are the individuals who are establishing the trust. The Settlors will also be the Trustees and will manage the trust while they are alive and well. After the death of the first spouse, the surviving spouse will be the sole Trustee and will manage the trust as long as he or she is able.
  • Spouse #1

    Citizenship of Spouse #1
    Gender of Spouse #1
  • Spouse #2

    Citizenship of Spouse #2
    Gender of Spouse #2
  • NAME THE TRUST

  • E.G.: THE JOHN AND JANE SMITH LIVING TRUST
  • MM slash DD slash YYYY
  • MM slash DD slash YYYY
  • Drop files here or
    Max. file size: 256 MB.
    • LIVING CHILDREN

      Enter the information for your living children. If you have more than five children, please request additional pages. If the spouses have different children, Guideway will identify whose child came from each spouse by your answer.
    • FULL LEGAL NAMED.O.B (optional)GENDER (M/F)IS CHILD A MINOR? (Yes/No)WHOSE CHILD? (Joint/ Spouse 1/ Spouse 2) 
    • What are the names of the children who passed away?What are the names of their children, if any? 
    • 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 coguardians. 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.

      FIRST 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 coguardians. 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.

      Maximum number of guardians reached.

    • Enter the information for your successor trustee(s). The successor trustee carries out your wishes and manages the Trust after both your deaths. The successor trustee also serves as trustee if you are unable to serve as trustee due to incapacity. Note that the individuals you list as successor trustees of your trust will also be nominated as the executors or personal representatives of your pour-over will.
      Name Actions
       
      There are no Trustees.

      Maximum number of trustees reached.

      Note: Although selecting this option will provide each co-Trustee with individual authority to sign on behalf of the trust authority, this should be limited to "ministerial actions" and all the co-Trustees should agree on decisions relating to the management of the trust.
      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. Any personal property not disposed of on such pages will be distributed according to your successor trustee's discretion.

    • NAME (Enter the full legal name)Relationship (Optional)PERCENTAGE or FRACTION: (Should total 100%)(e.g., 25% or 1⁄4)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) 
    • MINOR BENEFICIARIES:

      When naming a younger person as a residuary beneficiary (or alternate beneficiary), your Living Trust document will direct your successor Trustee to manage the younger beneficiary’s inheritance until the beneficiary reaches a particular age of your choosing. This is useful if the idea of an 18-year-old receiving a large inheritance makes you nervous. 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 may make distributions for the beneficiary’s care, support, comfort and education, subject to the successor trustee’s sole and absolute discretion. The successor trustee can stillpay for the younger beneficiary’s college, housing and transportation expenses before age 25; this is the age the beneficiary would receive his or her share free from control of the successor trustee.
    • Please enter a number greater than or equal to 0.
    • Enter the name and relationship of any relative you specifically do not want to receive anything from your trust.
      Name Actions
       
      There are no Persons.

      Maximum number of persons reached.

    • SPECIFIC GIFTS

      Enter the individual(s) or organization to receive specific gifts of property after both of your deaths. 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 of my Grandchildren" in the left-hand field. This is also where you would indicate whether any portion of the trust estate should be reserved for a Special Needs beneficiary. Express the amount as either a dollar amount or a percentage to be taken "off the top", and complete the "Special Needs Trust Addendum". 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 California Document Preparers sm 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 in accordance with your instructions in question 13
    • TO (Full legal name and relationship of beneficiary)GIFT (Describe specific gift)GENDER (Male/Female)MINOR (Yes/No) 
    • Any gifts of cash to a minor described in question 16 will be held for the minor's benefit in a Uniform Transfers to Minors (UTMA) account until the minor turns a certain age (California Document Preparers sm 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.
    • Please read these questions and choose one of the following.

      Separate Property Note: Separate property assets and debts generally includes: (A) Anything either spouse owned or owed before they were married; (B) Anything either spouse received, as a gift or by inheritance, at any time.

      Community Note: Community assets and debts generally include everything the spouses accumulated during the marriage. In most cases that includes:

      (A) Money or benefits like pensions and stock options that either spouse earned during the marriage;
      (B) Anything either spouse bought with money earned during that period; and
      (C) Any community debts incurred by either spouse during that period.
    • THE FINANCIAL POWER OF ATTORNEY for SPOUSE #1 SHOULD BE

      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.

    • EACH SPOUSE WILL BE DESIGNATED AS PRIMARY FINANCIAL AGENT FOR THE OTHER (unless you indicate differently).

      Please indicate the alternate agents who should serve if Spouse #2 is unable to act for Spouse #1.
    • Name Actions
       
      There are no Agents.

      Maximum number of agents reached.

    • 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.
    • Name Actions
       
      There are no Agents.

      Maximum number of agents reached.

    • 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.

      EACH SPOUSE WILL BE DESIGNATED AS PRIMARY HEALTH CARE AGENT FOR THE OTHER (unless you indicate differently). Please indicate the alternate agents who should serve if Spouse #2 is unable to act for Spouse #1.

    • Name Actions
       
      There are no Agents.

      Maximum number of agents reached.

    • Name Actions
       
      There are no Agents.

      Maximum number of agents reached.

    • END OF LIFE DECISIONS

      SPOUSE #1

    • SPOUSE #2

    • Businesses

      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 such language included.
      If you own an interest in a Sole Proprietorship, Partnership, LLC, LP, or LLP, Guideway will prepare a form assigning your interest in the business to your Living Trust. Sometimes LLCs also have membership certificates which need to be reissued in the name of the trust. If you own shares in a Corporation, be sure to transfer your stock to the name of the Living Trust!
    • Name of Business Actions
       
      There are no Businesses.

      Maximum number of businesses reached.

    • ARE YOU REQUESTING THE PREPARATION OF ANY TRUST TRANSFER DEEDS?

    • Please list the following information for each property below. 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 own a manufactured home, please provide the latest Certificate of Title and the original registration certificate. Use a photocopy of this page if you require Trust Transfer Deeds for more properties.
      Address Actions
       
      There are no Entries.

      Maximum number of entries reached.

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