This Revocable Living Trust is a legal document that determines how an individual's
property is to be managed and distributed during his or her lifetime and also upon death.
This type of trust, also called an "inter vivos trust", is created by a settlor, who transfers
assets into the trust, which are then distributed to the beneficiaries. Advantages of a
revocable living trust are the avoidance of probate expenses and delays, and the ability
to change the trust during the settlor's lifetime. This document is a useful estate
planning tool which allows the settlor great flexibility in determining how his or her
property will be distributed.
INTER-VIVOS TRUST
THIS INTER-VIVOS REVOCABLE TRUST (this “Instrument”) is made this ____ day of
_________, _____, by ________________________________________ [NAME] of County of
___________________, State of ___________________, as Settlor, and
_____________________________________________ [NAME], as Trustee.
Recitals
WHEREAS, Settlor is a widow;
WHEREAS, Settlor has _____ (__) children, referred to herein in as “child” or “children,” all of
them adults, namely: (1) _______________, who resides at ___________________ in the of
County of ___________________, State of ___________________; (2) ___________________,
who resides at ________________ in the County of ___________________, State of
___________________; and (3) ___________________, who resides at ________________ in
the County of ___________________, State of ___________________;
WHEREAS, Settlor has no children who are deceased [or, Settlor has ___ deceased children,
named _________________________, _______________________, and________________;
WHEREAS, Settlor declares that Settlor has transferred to the Trustee the property described in
Schedule “A” attached to this Instrument;
WHEREAS, Trustee hereby agrees to hold such property and any other property included in the
trust estate, in trust, on the terms and conditions set forth herein;
WHEREAS, Settlor wishes, by this Instrument, to create an inter-vivos revocable trust in
accordance with the laws of the State of ___________________ whereby Settlor’s separate
property will be held in trust and managed for Settlor’s benefit during Settlor’s lifetime and
distributed to the beneficiaries named herein upon Settlor’s death;
TERMS
ARTICLE I.
TRUST ESTATE.
A. TRUST ESTATE
All property subject to this Instrument is referred to as the “trust estate” and shall be held,
administered, and distributed according terms and conditions set forth in this Instrument.
B. TRUST PROPERTY
1. The trust estate consists of the property (plus the undistributed income and proceeds
generated by such property) listed in Schedule “A” and hereafter transferred to the trust by
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the Settlor or Settlor’s will as insurance proceeds or pension benefits, or from any other
person or source.
2. The Settlor’s property, listed in Schedule “A” or subsequently added to the trust estate, is
the separate estate of Settlor.
ARTICLE II.
INCOME AND PRINCIPAL DISTRIBUTIONS DURING LIFE
During the Settlor’s lifetime, the Trustee shall pay to or apply for the benefit of Settlor the net
income of Settlor’s separate property in quarterly or more frequent installments. The Trustee
shall pay to or apply for the benefit of said Settlor as much of the principal as the Settlor directs
or as is necessary in the Trustee’s discretion for the proper health, education, support,
maintenance, comfort and welfare of the Settlor in accordance with Settlor’s accustomed manner
of living at the date of this instrument.
ARTICLE III.
SHOULD SETTLOR BECOME INCAPACITATED
A. PAYMENTS FOR BENEFIT OF INCAPACITATED SETTLOR
1. If at any time, Settlor’s physician or, if such Settlor has no attending physician, two licensed
physicians, not related by blood or marriage to Settlor or any beneficiary of this trust,
certifies in writing that Settlor has become incapacitated, whether or not a court of
competent jurisdiction has declared Settlor incompetent or mentally ill or has appointed a
conservator, the Trustee shall take the steps outlined in this Article.
2. Trustee shal