Appendix 
The Following Pages Include the Forms for Probating an Estate.
DISCLAIMER: THIS MANUAL ONLY PROVIDES GENERAL INFORMATION ABOUT STATE Wills Trusts and Social Security Laws. NOTHING IN THIS MANUAL SHOULD BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE QUESTIONS ABOUT YOUR OWN LEGAL MATTERS or the LAW, CONTACT US ABOUT YOUR PROBLEM WE ASSUME NO LIABILITY FOR ANY ACTIONS WHICH OCCUR AS A RESULT OF INFORMATION DERIVED FROM THIS MANUAL WITHOUT YOU CONSULTING US AS YOUR ATTORNEY AND IF YOU DO YOUR OWN LEGAL WORK.

Living Trust Basic Form

This form creates a revocable living trust. A living trust is a testamentary device, used instead of a will.  Popularized by the infamous "How to Avoid Probate" books, Living Trusts are a type of estate planning which have become quite popular for many reasons. Although touted as a substitute for traditional wills, a living trust also requires a pour over will. A pour over will bequeaths any assets which have not been conveyed to the living trust, into the trust estate. Virtually all living trusts are "revocable" which means that the terms can be changed during the lifetime of the settlor. Irrevocable trusts create extensive tax consequences and are not suitable for regular estate planning. The trusts provided                          is revocable.

REVOCABLE TRUST

                       , referred to herein as Settlor, and                              , referred to herein as Trustee, (the singular term "Trustee" shall refer to multiple Trustees if multiple Trustees are appointed) in consideration of the covenants and undertakings herein agree:

ARTICLE I 
CONVEYANCE OF PROPERTY TO THE TRUSTEE
Settlor herewith assigns and conveys to the Trustee, the property described in Exhibit "1" hereto. All of said property, together with any income, accessions and additions herein, shall be held by the Trustee in trust for the purposes set forth in this revocable living trust.

ARTICLE II
REVOCATION
Settlor hereby reserves the right to revoke this trust at any time, by written instrument. Revocation shall be effective upon mailing or delivery to the Trustee of a notice of revocation. Trustee may resign upon 30 days prior written notice to the Settlor. For purposes of this agreement, notices shall be delivered as follows:

TO SETTLOR
[Write in your (the Settlor's) name and address below]

_______________________________________________

_______________________________________________

_______________________________________________                                                

TO TRUSTEE
[Write in the Trustee's name and address below]

_______________________________________________

_______________________________________________

_______________________________________________                                                     

ARTICLE III
SUCCESSORS TO THE TRUSTEE
ADDITIONAL TRUSTEES
The Settlor during his lifetime may from time to time add additional Trustees by notice to the then existing Trustees. In the event there are multiple Trustees, the majority shall in any matter in which the Trustees disagree control. In the event that the Trustees are evenly divided in the actions to be taken, the Trustee with the longest tenure of service shall cast an additional vote to determine the matter.

In the event that any Trustee resigns or is unwilling or incapable of acting, during the Settlor's lifetime, the Settlor shall name additional or replacement Trustees. After the Settlor's death,                                  shall name the replacements for any Trustees who resign or are unwilling or incapable of acting. If                   is unwilling or incapable of acting,                                             shall name the same. In the event that _____________ shall be unwilling or incapable of acting, the Court having jurisdiction over states and trusts, located in                                  County, State of                            shall name the successor Trustees.

ARTICLE IV
WITHDRAWALS BY SETTLOR
The Settlor may from time to time withdraw any portion of the corpus of the trust (whether capital or interest) by written notice to the Trustee. The Trustee shall be acquitted of all further responsibility for any assets so delivered upon receipt by the Settlor.

ARTICLE V
POWERS OF THE TRUSTEE
The Trustee shall have the power to do all acts, institute all proceedings and exercise all rights, powers and privileges that an absolute owner of the trust property would have, subject always to the discharge of Trustee's fiduciary responsibilities.

I further direct that the Trustee shall act without bond.  Further, this Trust shall be administered without the necessity for an administration thereof to be through the court system. No entity dealing with the Trustee shall be required to investigate or to confirm the Trustee's authority to enter into any transaction or to administer the application of the proceeds of any transaction.

ARTICLE VI
COMPENSATION OF TRUSTEE                  
If the Trustee is an individual, then the Trustee shall serve without compensation, but with reimbursement for reasonable and ordinary expenses. Nevertheless, the Trustee if an attorney shall be entitled to compensation for legal services rendered to the trust, or if an accountant, for accounting services rendered to the trust.

If the Trustee is a corporation or banking entity, it shall be entitled to customary, reasonable and ordinary charges and expenses incurred in rendering services to the estate.

ARTICLE VI
DISPOSITION OF TRUST PROCEEDS
After paying the necessary expenses incurred in the management and investment of the trust estate, including compensation as provided for herein, the Trustee shall accumulate the same during the lifetime of the Settlor. After Settlor's death the Trustee shall distribute the net income of the Trust in the following manner:

Please see exhibit 2
Should any beneficiary named above die, the Trustee shall distribute the net income to the lineal descendants of the beneficiary. If any beneficiary dies and is not survived by lineal descendants, the distributions from the Trust shall be adjusted to pro-rata increase all other shares.

ARTICLES VII
INVASION OF PRINCIPAL
After Settlor's death, the Trustee may apply so much of the principal of the trust for the use of the beneficiaries at such time or times as in Trustee's discretion Trustee may deem advisable for their health, education, support or maintenance. Any amounts so applied to the use of any beneficiary shall be charged against, or deducted from, the principal of any share then or thereafter set apart for said beneficiary.

ARTICLE VIII
NON-ASSIGNABILITY OF THE TRUST PROCEEDS
The interest of the beneficiaries of this trust shall not be assignable, and beneficiaries shall not have the right to pledge, assign, convey, or otherwise transfer, lien or encumber any portion of the income or principal of the trust. All payments provided for by the beneficiaries herein shall be made directly to them or their guardians as is provided herein.

ARTICLE VIII
DISTRIBUTIONS TO MINOR OR INCOMPETENT BENEFICIARIES
The Trustee in his discretion may make payments of income or principal to any minor or incompetent beneficiary by paying the same to the minor or incompetent's guardian, or to the person having control over the minor or incompetent, or by direct expenditure for the benefit of the minor or incompetent. However, the Trustee may also pay an allowance in such amount as he may see fit from time to time to the minor or incompetent. Further, in the discretion of the Trustee the distributions for a minor or incompetent beneficiary may be accumulated and shall thereupon be paid to the minor or incompetent upon their disability being removed. Any payment under this Section shall operate as a full discharge of the Trustee as to such payment.

ARTICLE VIII
ACCOUNTINGS
The Trustee shall, after the death of the Settlor provide a semiannual accounting to all competent, adult beneficiaries detailing the transactions, if any, of the trust. The same shall not be required to be audited, although the Trustee may, in his sole discretion, may cause an audit to be performed from time to time.

ARTICLE IX
LIQUIDATION OF TRUST
If at any time the total of the principal and income of the trust is less than $500,000.00, the Trustee, may in his absolute discretion, close out the trust by paying the proportionate shares of each beneficiary to them. The Trustee shall at that time deliver a final accounting to each beneficiary. Upon payment, the Trustee shall be discharged from all further duties.

SECTION X
PERPETUITIES SAVINGS CLAUSE
Notwithstanding anything to the contrary herein contained, the trust created by this agreement shall cease and terminate as is provided in Sections IX, 21 years after the death of the last survivor of trustors and all issue of trustors living at the date of this agreement.

SECTION XI
DISTRIBUTION OF DIVISION IN KIND
On any distribution from the trust, whether it be an ordinary distribution or one of principal, or a final distribution, the Trustee may apportion and allocate the assets of the trust estate in cash and partly in kind, in Trustee's discretion. The valuation, whether based on an appraisal, or not, made by the Trustee shall be binding on the beneficiaries.

SECTION XII
LITIGATION OR COMPROMISE OF CLAIMS
The Trustee may compromise, or abandon, at Trustee's option any claim or claim against the trust, or subject the same to arbitration. Or, the Trustee, in his absolute discretion, may litigate any claim in favor of or against the estate.

SECTION XIII
NOTICE OF EVENTS
Until the Trustee receives notice of any death, birth, marriage, or other event on which the right to receive distributions is based, the Trustee shall incur no liability for any disbursements or distributions made in good faith. This clause shall not prevent the Trustee from seeking restitution of any payments made in error in his discretion.

SECTION XIV
DEFINITIONS - GOVERNING LAW
The words "child", "children", "descendants" and "issue" shall include children legally adopted and the lawful descendants of such adoptees. This trust shall be governed by the laws of _________________ [Put State here.]

SECTION XV
SEVERABILITY
If any provision herein is found by a court of competent jurisdiction to be invalid, the remainder shall govern.
Dated: ____________________________________
__________________________________________

{Put the Notary Public's name here]
STATE OF ___________________
COUNTY OF _________________
[Notary Public's name here], being duly sworn states that they executed this instrument for the purposes stated herein.
__________________________________________                                                         

Notary Public
My Commission Expires: ____________________          

Self proving will clause from the Kentucky Statutes 
I, ...................................., the testator, sign my name to this instrument this ....... day of ..............., 19....., and being first duly sworn, do hereby declare to the undersigned authority that I sign and execute this instrument as my last will and that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act  for the purposes therein expressed, and that I am eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. 

................................................................... 
(Testator) 
We, ............................., ..................................., the witnesses, sign our names to this instrument, being first duly sworn, and do hereby declare to the undersigned authority that the testator signs and executes this instrument as his last will and that he signs it willingly (or willingly directs another to sign for him), and that each of us, in the presence and hearing of the testator and in the presence of the other subscribing witness, hereby signs this will as witness to the testator's signing, and that to the best of our knowledge the testator is eighteen (18) years of age or older, of sound mind, and under no constraint or undue influence. 

................................................................... 
(Witness) 
................................................................... 
(Witness) 
THE STATE OF ............................... 
COUNTY OF ................................... 
Subscribed, sworn to and acknowledged before me by ....................., the testator and subscribed and sworn to before me by ..............................., and ........................, 

witnesses, this ......... day of ........................ 
(Signed)................................................................................. 
(Signed)................................................................................. 
(OFFICIAL CAPACITY OF OFFICER) 
( THE STATE OF ............................. 
COUNTY OF .................................. 

Before me, the undersigned authority, on this day personally appeared ................................ and .................................... known to me to be the testator and the 
witnesses, respectively, whose names are signed to the attached or foregoing instrument and, all of these persons being by me first duly sworn. ............................... the testator, 
declared to me and to the witnesses in my presence that the instrument is his last will and that he had willingly signed or directed another to sign for him, and that he executed it as 
his free and voluntary act for the purposes therein expressed; and each of the witnesses stated to me, in the presence and hearing of the testator, that he signed the will as witness 
in the presence of the testator and of the other subscribing witness, and that to the best of his knowledge the testator was eighteen (18) years of age or over, of sound mind and 
under no constraint or undue influence. 
................................................................... 
(Testator) 
................................................................... 
(Witness) 
................................................................... 
(Witness) 
................................................................... 
(Witness) 
Subscribed, sworn and acknowledged before me by ........................................, the testator, subscribed and sworn before me by ..................................................... and 

............................................., witnesses, this .......... day of ...................., A. D., ........ 
................................................................... 
(OFFICIAL CAPACITY OF OFFICER) 

Living Will From the Kentucky Statutes 
with attached comments 
"Living Will Directive My wishes regarding life-prolonging treatment and artificially provided nutrition and 
hydration to be provided to me if I no longer have decisional capacity, have a terminal condition, or become permanently unconscious have been indicated by checking and initialing the appropriate lines below. By checking and initialing the appropriate lines, I specifically: 
.... Designate ........................ as my health care surrogate( s) to make health care decisions for me in accordance with this directive when I no longer have decisional capacity. If ............................. refuses or is not able to act for me, I designate .............................. as my health care surrogate( s).   Any prior designation is revoked. 
If I do not designate a surrogate, the following are my directions to my attending physician. If I have designated a surrogate, my surrogate shall comply with my wishes as indicated below: 

.... Direct that treatment be withheld or withdrawn, and that I be permitted to die naturally with only the administration of medication or the performance of any medical treatment deemed necessary to alleviate pain. 
.... DO NOT authorize that life-prolonging treatment be withheld or withdrawn. 
.... Authorize the withholding or withdrawal of artificially provided food, water, or other artificially provided nourishment or fluids. 
.... DO NOT authorize the withholding or withdrawal of artificially provided food, water, or other artificially provided nourishment or fluids. 
.... Authorize my surrogate, designated above, to withhold or withdraw artificially provided nourishment or fluids, or other treatment if the surrogate determines that 
withholding or withdrawing is in my best interest; but I do not mandate that withholding or withdrawing. 
.... Authorize the giving of all or any part of my body upon death for any purpose specified in KRS 311.185. 
.... DO NOT authorize the giving of all or any part of my body upon death. 
In the absence of my ability to give directions regarding the use of life-prolonging treatment and artificially provided nutrition and hydration, it is my intention that this directive shall be honored by my attending physician, my family, and any surrogate designated pursuant to this directive as the final expression of my legal right to refuse 
medical or surgical treatment and I accept the consequences of the refusal.   If I have been diagnosed as pregnant and that diagnosis is known to my attending physician, this directive shall have no force or effect during the course of my pregnancy. 

I understand the full import of this directive and I am emotionally and mentally competent to make this directive. 
Signed this .... day of .........., 19... 
Signature and address of the grantor. 
In our joint presence, the grantor, who is of sound mind and eighteen (18) years of age, or older, voluntarily dated and signed this writing or directed it to be dated and signed for the grantor. 
Signature and address of witness. 
Signature and address of witness. 
OR 
STATE OF KENTUCKY) 
........... County) 
Before me, the undersigned authority, came the grantor who is of sound mind and eighteen (18) years of age, or older, and acknowledged that he voluntarily dated and signed this writing or directed it to be signed and dated as above. 
Done this .... day of ........, 19... 
Signature of Notary Public or other officer. 
Date commission expires:............. 

“Execution of this document restricts withholding and withdrawing of some medical procedures. Consult Kentucky Revised Statutes or your attorney." (2) An advance directive shall be in writing, dated, and signed by the grantor, or at the grantor's direction, and either witnessed by two (2) or more adults in the presence of 
the grantor and in the presence of each other, or acknowledged before a notary public or other person authorized to administer oaths. None of the following shall be a witness to or serve as a notary public or other person authorized to administer oaths in regard to any advance directive made under this section: 

(a) A blood relative of the grantor; 
(b) A beneficiary of the grantor under descent and distribution statutes of the Commonwealth; 
(c) An employee of a health care facility in which the grantor is a patient, unless the employee serves as a notary public; 
(d) An attending physician of the grantor; or 
(e) Any person directly financially responsible for the grantor's health care. 
(3) A person designated as a surrogate pursuant to an advance directive may resign at any time by giving written notice to the grantor; to the immediate successor surrogate, if any; to the attending physician; and to any health care facility which is then waiting for the surrogate to make a health care decision. 
(4) An employee, owner, director, or officer of a health care facility where the grantor is a resident or patient shall not be designated or act as surrogate unless related to the grantor within the fourth degree of consanguinity or affinity or a member of the same religious order. 
OTHER FORMS TO HELP YOU TO PROBATE A WILL
Insurance Coverages 

Policy Number	Kind of Coverage	Amount	Premium 	Expires 	Agent and Insurance Company	

						

						

						

						

						

						

						
Real Estate Property
Property Address	Appraised Value	Deed and Mortgages	

			

			

			

			

			

 

Inventory of Personal Property Bank Accounts Etc.
Description and Location of the Property Cars Boats Insurance Etc	Value	

		

		

		

		

		

		

		

		

		

		

		

		

Claims and Debts to be Paid or Paid

		

		

		

		

		

		

		

Receipts and Disbursements
Date	To or From Whom and For What 	Check #	Amount	

				

				

				

				

				

				

Planning your Will
Name
	
Address include County
	
Phone	Date of Birth Social Security No
	
Occupation
	Employer	
Business or Type of Employment length of employment
	
Marital Status	Prior Marriages Spouses
	
Fathers and Mothers Name	Fathers Place and Date of Birth
	
Education
	Mothers Maiden Name Place of Birth	
Your Branch of Service	Service Serial Number
	
Date Entered Service Place	Seperation from Service Place
	
Grade Rank Rating
	Conflicts Served in 	

Additional Information	

	
Any Medical Conditions You may want to donate organs etc. 

Property What you own and Who gets What 	

	

Funeral Instructions Church Funeral Home grave Site Pall bearers 

Location of Deed and Will Where you keep it or will keep it What attorney to contact:

List the persons and organizations you need to Notify	
Names	Addresses	Phones