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Important
Note:
Forms are to be used as a guide only to assist you. No liability is assumed for errors in substance or form. It is your responsibility to revise the forms to meet current law
requirements and your particular situation. No liability is assumed for improper use of these forms.
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DECLARATION
OF LIFE INSURANCE TRUST
This Declaration
of Insurance Trust is made this ______ day of ______, 19 ____, by and
between
____________, of ____________, hereinafter called the Trustor, and ____________,
of
____________,
hereinafter called the Trustee.
I.
The Trustor, as
owner of certain life insurance policy or policies listed below, and desiring
to establish a
Life Insurance Trust, with power in the Trustee upon the death of the Trustor to
purchase assets
from Trustor's estate, assigns to the Trustee all his right, title, and interest
in the
policy or
policies of insurance, to be held by Trustee in trust, and to receive the
proceeds of the
policy or policies of insurance when they become due and are paid, for the
purposes and on
the conditions set forth herein. The Trustor reserves the right to add to this
trust
from time to
time additional life insurance policies which, when delivered to the Trustee,
shall be
held by him
subject to the terms herein.
(Description of
Life Insurance policies)
II.
The Trustee is
vested with all right, title, and interest in the life insurance policy or
policies,
and is
authorized and empowered to exercise and enjoy, for the purposes of the trust
and as
absolute owner
of the policy of insurance, all the options, benefits, rights, and privileges
under the
policy or
policies. The Trustor relinquishes all rights and powers in the life insurance
policy or
policies which are not assignable and will, at the request of the Trustee,
execute all other
instruments
reasonably required to effectuate this relinquishment. The trustee shall
receive and hold
said Life Insurance policies, together with any additions thereto, in trust for
the use
and benefit of:
(List names of
Beneficiaries)
III.
Upon the death
of the Trustor, the Trustee may, within his discretion, purchase assets from
Trustor's estate
at a fair value. The propriety of the purchase, the amount of such assets
purchased, and
the ascertainment of fair value shall be solely within the discretion of the
Trustee,
and the Trustee
shall incur no liability as a result of the purchase or purchases whether or not
the
assets
constitute investments which may be legally made by Trustee.
IV.
If the Trustee
uses all or any portion of the proceeds of the policy of insurance to purchase
assets from the
estate of the Trustor, as authorized above, then the net income produced from
the
assets, or the
proceeds of any sale, exchange, or reinvestment of the assets, shall be paid to
the
spouse of the
Trustor during the spouses's lifetime.
V.
If any
beneficiary of this trust who is at the time receiving income would otherwise,
in the
opinion of the
Trustee, be subject to hardship or suffering, the Trustee shall have the
authority to
pay over and
distribute, at any time and from time to time, to the beneficiary the amounts of
the
principal of
this trust, from which the beneficiary shall then be entitled to receive income
as the
Trustee, in his
sole discretion, shall deem necessary to provide for the maintenance, comfort,
support, and
medical care of the beneficiary.
VI.
This Life
Insurance 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 any other person, it being my intention to make to the
beneficiary/beneficiaries
named herein an absolute gift of the Life Insurance policies described in
paragraph I
above.
VII.
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 ____________.
VIII.
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.
Mortgages,
Pledges and Deeds of Trust
To enforce any
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 of
deed or trust.
Litigation
To initiate or
defend, at his discretion, any litigation affecting the trust.
Attorneys,
Advisors and Agents
To employ and
pay from the trust reasonable compensation to such attorneys, accountants,
brokers, and
investment., tax and other advisors as he shall deem advisable.
Adjust 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.
IX.
No bond for the
faithful performance of duties shall be required of any Trustee appointed
under this
agreement.
X.
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.
XI.
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 this own gross negligence or by
commission of a
willful act of breach of trust.
XII.
The Trustee, by
joining in the execution of this agreement, hereby signifies his acceptance
of this trust.
XIII.
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 of
out
principal.
XIV.
In the event
that any portion of this agreement of 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.
______________________
______________________
Trustor
______________________
______________________
_______________________
______________________
STATE OF
________________)
COUNTY OF
_______________)
On this ______
day of ______________, 19 ____, before me personally came and
appeared
______________, known, and known to me, to be the individuals described in and
who
executed the
foregoing instrument, and who duly acknowledged to me that he executed same for
the purpose
therein contained.
IN WITNESS
WHEREOF, I hereunto set my hand and official seal.
________________________
My Commission
Expires:_____________
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