This Declaration of Irrevocable Trust is made this
_(1)_ day of ________(2)________, 19_(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)________,
19_(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.