Declaration of Irrevocable Trust
This Declaration of Irrevocable Trust is made this _(1)_ day
of ________(2)________, 20_(3)_, by and between
_______(4)_______, of ___________(5)______________,
hereinafter called the Trustor, and __________(6)__________,
of ____________(7)______________, hereinafter called the
Trustee.
I
The Trustor hereby irrevocably assigns, conveys and gives to
the Trustee, in trust, the following property:
(Description of Property)
II
The Trustee shall receive and hold said property, together
with any additions thereto, in trust for the use and benefit
of:
III
This trust shall be irrevocable and unamendable. I am aware of
the consequences of establishing an irrevocable trust and
hereby affirm that the trust created by this agreement shall
be irrevocable by me or by any other person, it being my
intention to make to the beneficiary/beneficiaries named
herein an absolute gift of the property described in paragraph
ONE, above.
IV
This agreement and the trust created hereby shall be
administered, managed, governed and regulated in all respects
according to applicable statutes of the State of
______(8)______.
V
The Trustee, in addition to all other powers granted by this
agreement and by law, shall have the following additional
powers with respect to the trust, to be exercised from time to
time at the Trustee's discretion:
Management of the Trust
To invest and reinvest, lease, rent, mortgage, insure, repair,
improve or sell any of the real and personal property of the
trust as he may deem advisable.
Business Interests
To sell or otherwise liquidate, or to continue to operate at
his discretion, any corporation, partnership or other business
interest which may be received by the trust.
Mortgages, Pledges and Deeds of Trust
To enforce any and all mortgages, pledges and deeds of trust
held by the trust and to purchase at any sale thereunder any
such real estate or personal property subject to any mortgage,
pledge or deed of trust.
Litigation
To initiate or defend, at his discretion, any litigation
affecting the trust.
Attorneys, Advisors and Agents
To employ and to pay from the trust reasonable compensation to
such attorneys, accountants, brokers, and investment, tax and
other advisors as he shall deem advisable.
Adjustment of Claims
To submit to arbitration, to compromise or to release or
otherwise adjust, with or without compensation, any and all
claims affecting the trust estate.
VI
No bond for the faithful performance of duties shall be
required of any Trustee appointed under this agreement.
VII
The Trustee shall receive reasonable compensation for the
services performed by him, but such compensation shall not
exceed the amount customarily received by corporate
fiduciaries in the area for like services.
VIII
No Trustee of the trust created by this agreement shall at any
time be held liable for any action or default of himself, or
of his agent, or of any other person in connection with the
administration and management of this trust unless caused by
his own gross negligence or by commission of a willful act of
breach of trust.
IX
The Trustee, by joining in the execution of this agreement,
hereby signifies his acceptance of this trust.
X
The Trustee shall have sole authority to determine what shall
be defined as income and what shall be defined as principal of
the trust established by this agreement, and to determine
which costs, taxes and other expenses shall be paid out of
income and which shall be paid out of principal.
XI
In the event that any portion of this agreement or the trust
created hereby shall be held illegal, invalid or otherwise
inoperative, it is my intention that all of the other
provisions
hereof shall continue to be fully effective and operative
insofar as is possible and reasonable.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
__________(9)_______________ __________(10)_____________
Trustor
__________(9)_______________
__________(9)_______________ __________(11)_____________
Trustee
__________(9)_______________
I, the undersigned spouse of the above-described Trustor, do
hereby waive and relinquish any and all claim to whatever
community-property rights I may have in the
hereinabove-described property and do give and grant my assent
to the trust and to the
incorporation therein of said property.
__________(9)_______________ __________(12)_____________
Legal Spouse of Trustor
____________(9)_________________
STATE OF ________(13)___________)
) ss:
COUNTY OF _______(14)___________)
On this _(15)_ day of _______(16)________, 20_(17)_, before me
personally came and appeared _________(18)___________ and
_________(19)___________, known, and known to me, to be the
individuals described in and who executed the foregoing
instrument, and who duly acknowledged to me that they executed
same for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
_____________(20)______________
My Commission Expires: _________(21)___________
Notice
The information in this document is designed to provide an outline that you can follow when formulating business or personal plans. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counseling before entering into any contract or agreement.
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