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

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.

Are you married or registered domestic partners?

We are legally married under state law.
We are 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

Full name*

US Citizen?*

Yes
No

Citizenship of Spouse #1

Email*

Gender

Male
Female

Gender of Spouse #1

Spouse #2

Full name*

US Citizen?*

Yes
No

Citizenship of Spouse #2

Gender

Male
Female

Gender of Spouse #2

Address

Street Address Address Line 2 City State ZIP Code

Phone

Email

Is either spouse also known by any other names?

No
Yes

Alternate Names*

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*

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.

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 NAME	D.O.B (optional)	GENDER (M/F)	IS CHILD A MINOR? (Yes/No)	WHOSE CHILD? (Joint/ Spouse 1/ Spouse 2)

If the spouses have different children, would you like all the children to be treated as both spouses' "joint" children (i.e. the references will be to "our children" instead of "Bill's daughter"?).

Yes
No
N/A

DO YOU HAVE ANY PREDECEASED CHILDREN?

Yes
No

What are the names of the children who passed away?	What are the names of their children, if any?

Do you have children under 18 years of age?

No
Yes

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:

NOMINATION OF GUARDIAN(S)

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.

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

Each guardian will serve one at a time in the order listed
All guardians will serve together as co-guardians
The first two will serve as co-Guardians; 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-Guardians if the first is unable.

If you have chosen married co-Guardians, in case of divorce, who should remain Guardian?

SUCCESSOR TRUSTEE(S)

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.

IF YOU LISTED MULTIPLE SUCCESSOR TRUSTEES, INDICATE HOW THEY SHOULD SERVE.

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 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.

ENTER INFORMATION ABOUT YOUR BENEFICIARIES

Distribute entire estate equally to all 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. Any personal property not disposed of on such pages will be distributed according to your successor trustee's discretion.

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

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 INDICATE AT WHAT AGE YOU WOULD LIKE THE SUCCESSOR TRUSTEE TO MAKE THE OUTRIGHT DISTRIBUTION (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.

Do you want to specifically disinherit anyone?

Yes
No

DISINHERITING

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.

Do you want to give specific gifts? These would be individual gifts of cash or property to specific people. If you just want all of your assets to go equally to your main beneficiaries, then select "no" to this question.

Yes
No

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)

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 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.

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

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.

CHARACTER OF TRUST PROPERTY.

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.

ALL OF THE TRUST PROPERTY SHOULD BE CONSIDERED OUR "COMMUNITY PROPERTY". This means that you want all of the property owned by your trust to be considered community property regardless of its prior ownership or character. If you co-own all your assets or you acquired most of your assets during your marriage or registered domestic partnership, your assets are probably already presumed to be community property. But if one spouse does have separate property, e.g. an inherited family home, then be careful! Choosing this option will convert (or "transmute") that separate property into community property.
OUR PROPERTY SHOULD RETAIN ITS CURRENT CHARACTER. Choosing this option means that the property you transfer to your trust will retain its current character as either "community" or "separate". If you transfer separate property to the trust, it will remain the separate property of the spouse who owned it prior to transferring it to the trust. Although both spouses will legally take title to property as Trustees, this method will preserve one spouse’s separate ownership of an inherited family home (for example). However, this option may not afford your heirs a double-step-up in the capital gains cost basis of the separately held assets.

POWERS OF ATTORNEY FOR FINANCES AND PROPERTY MATTERS

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.

Effective Now for all agents, in the manner specified below
Effective Upon Disability (“Springing ") for all agents below
Effective Now For Spouse, But Effective Upon Disability (“Springing”) for the alternates

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.

ALTERNATE FINANCIAL AGENT(S) for SPOUSE #1:

Name	Actions

There are no Agents.

IF YOU LISTED MULTIPLE ALTERNATE FINANCIAL 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.

THE FINANCIAL POWER OF ATTORNEY for SPOUSE #2 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.

Effective Now (For all agents, in the manner specified below)
Effective Upon Disability “Springing” (For all agents below)
Effective Now For Spouse, But Effective Upon Disability “Springing” For The Alternates

ALTERNATE FINANCIAL AGENT(S) for SPOUSE #2:

Name	Actions

There are no Agents.

IF YOU LISTED MULTIPLE ALTERNATE FINANCIAL 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.

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.

ALTERNATE HEALTH CARE AGENT(S) for SPOUSE #1:

Name	Actions

There are no Agents.

IF YOU LISTED MULTIPLE ALTERNATE HEALTH CARE 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

ALTERNATE HEALTH CARE AGENT(S) for SPOUSE #2:

Name	Actions

There are no Agents.

IF YOU LISTED MULTIPLE ALTERNATE HEALTH CARE 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

END OF LIFE DECISIONS

SPOUSE #1

ANATOMICAL GIFTS

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

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.

FINAL DISPOSITION INSTRUCTIONS (optional)

I wish to be buried.
I wish to be cremated.
I have no preference.

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

I have made pre-need arrangements at

SPOUSE #2

ANATOMICAL GIFTS

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

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.

FINAL DISPOSITION INSTRUCTIONS (optional)

I wish to be buried.
I wish to be cremated.
I have no preference.

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 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!

Business(es)

Name of Business	Actions

There are no Businesses.

ARE YOU REQUESTING THE PREPARATION OF ANY TRUST TRANSFER DEEDS?

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. 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.

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

Joint Living Trust Package

MARITAL STATUS

ENTER INFORMATION ABOUT THE SETTLOR

Spouse #1

Spouse #2

NAME THE TRUST

LIVING CHILDREN

NOMINATION OF GUARDIAN

FIRST GUARDIAN:

MINOR BENEFICIARIES:

SPECIFIC GIFTS

THE FINANCIAL POWER OF ATTORNEY for SPOUSE #1 SHOULD BE

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

ADVANCE HEALTHCARE DIRECTIVES

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.

END OF LIFE DECISIONS

SPOUSE #1

SPOUSE #2

Businesses

ARE YOU REQUESTING THE PREPARATION OF ANY TRUST TRANSFER DEEDS?

Contact Information

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