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Declaration Of Trust Agreement
"I need a Declaration of Trust Agreement to establish a family trust for my real estate holdings, with my three adult children as beneficiaries and my eldest child serving as trustee, to be effective from March 1, 2025."
1. Parties: Identifies the settlor, trustee(s), and beneficiaries
2. Background: States the purpose and context for creating the trust
3. Definitions: Defines key terms used throughout the agreement
4. Trust Property: Describes assets being placed in trust and their initial management
5. Trustee Powers: Outlines the powers and authority granted to trustees
6. Distribution Provisions: Specifies how and when trust assets will be distributed to beneficiaries
7. Trust Administration: Details day-to-day management requirements and administrative procedures
1. Successor Trustee Provisions: Procedures for appointing replacement trustees when original trustee can no longer serve
2. Spendthrift Provisions: Protections against beneficiary creditors and restrictions on transfer of beneficial interests
3. Trust Protector Provisions: Appointment and powers of trust protector for long-term or complex trusts
4. Tax Planning Provisions: Specific provisions for tax optimization and compliance
5. Amendment and Revocation: Terms under which the trust can be modified or terminated (for revocable trusts)
1. Schedule A - Trust Property: Detailed inventory and description of initial trust assets
2. Schedule B - Beneficiary Information: Complete details of beneficiaries and their respective interests
3. Schedule C - Investment Guidelines: Specific investment parameters, restrictions, and guidelines for trust asset management
4. Appendix A - Tax Elections: Documentation of specific tax elections and treatments chosen for the trust
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