Draft a living trust for the Lears. Include powers of Trustee(s) eg: ability to sell, mortgage, encumber real or personal property, ability to invest assets, etc. Compensation of Trustee(s): will they receive commissions? Rule Against Perpetuities in Maryland . The trust should based on Maryland law.
there is enough money to see that Byron can complete his education and that they can enjoy a comfortable retirement. The Lears are an elderly couple living in the suburbs. Dr. Kingston Lear is a partner in a small medical practice in the city. Donna Lear is a home- maker, active in several charities. The Lears have three grown daughters. The first, Regina, was divorced and has two children from her first mar- riage, Matthew and Mark Hahn. She also has two children from her current marriage to Leonard Doger, named Mary and Margaret. The Lears' second daughter, Grace, is unmarried and works overseas with the U.S. State Department. Her legal residence is still with her parents. Cornelia, the third daughter, is married to a doctor in partnership with her father and has one son, Anthony. Cornelia also has custody of Regina's two sons. Their father, Joseph Hahn, will have nothing to do with them and rarely pays the child support he is supposed to pay pursuant to the divorce decree between him and Regina. Regina's second husband, Leonard, doesn't like Matthew and Mark and physically abused them. Cornelia went to court and was awarded guardianship of the two boys. At the present time, Regina and Leonard are suing Kingston and Donna for title to the house in which Regina and Leonard live. The house was originally purchased by Kingston and Donna as an investment, but after her divorce the Lears let Regina live in the house. When Regina remarried, she and Leonard stayed in the house, claiming that the house was theirs, and the family is now involved in a bitter lawsuit over title. The Lears have a much more complicated situation than the Joneses or the Bushes. The Lears have many valuable assets, have children and grandchildren to look after, and are in the middle of litigation with one of their children. They want to make sure that their grandchildren, Matthew and Mark, are protected and cared for, that Regina and Leonard do not wind up with the house, and that the other children and grandchildren are treated fairly when the Lears die. Finally, there is Tom Poole. Tom is in his mid-thirties, is unmarried, and owns a cooperative apartment in the city. Tom, like Oscar, works for the city, and has managed, by extreme frugality, to acquire a sizable amount of cash and blue-chip stocks. Both of Tom's parents, Lottie and Simon, are living, and Tom has an older brother, Ken, who is also unmarried. Tom's brother makes a good living, and his parents, although retired, are fairly affluent. Tom wants to increase the size of his assets so that he will have a comfortable retirement and also wants to see that, in case of death, his estate goes to his friends rather than to his family members, who do not need his money. These four families-Loretta Jones and her son Evan, Oscar and Hyacinth Bush, Dr, and Mrs. Lear, and Tom Poole-will be the ships we will guide through the murky waters of estate planning and administra- tion to the golden shore of property distribution