Question
Remember the Smith family? It's 10 years later, and much has changed. Review their updated facts and new initial deed, and prepare the documents as
Remember the Smith family? It's 10 years later, and much has changed. Review their updated facts and new initial deed, and prepare the documents as instructed.
To prepare the documents, use the Deed, Trust, Will, and Powers of Attorney forms previously provided, and be sure to note the feedback you've been given.
Client Intake Information
Clients: Samuel S. Smith (deceased) Betsy R. Smith
Primary Address: 777 South United Street, Tucson, AZ 85799 (community property with right of survivorship)
Children: Rosa P. Smith (age 30) Franklin R. Smith (age 32) Susan B. Smith (age 35) (estranged) Martin L. Smith (deceased)
Pets: 1 bird (a macaw) Additional Assets: Primary residence (see above). Vacation Home: 321 Purple Mountains Ave., Plains, Wyoming 070423 (Franklin lives here, and all the land except the parcel with the residence and all the livestock has been sold)
Business: The Smith Constitution Inc. (est. value: $200,000). Used to employ 40-50 people, but now is an online archive of previously published works. Betsy and Rosa run it themselves.
Accounts Savings Checking Brokerage IRAs (one inherited from Sam, one is Betsy's) Life insurance
Total estate value: $1.5 million
Trust Provisions: Betsy and Rosa will be the initial co-Trustees, Rosa can act independently, but Betsy must have Rosa's concurrence. If Rosa can no longer serve, Franklin will serve. If Betsy can no longer serve, Rosa can act alone, with Franklin to follow, if Rosa can no longer serve.
The intent of the Trust is to provide for Betsy during her lifetime. After Betsy dies, the Trust is to be divided equally among their children, except Susan gets a share only if the relationship has been repaired; otherwise, to her children. If one of the children predeceases the surviving Settlor, the share of that child is to be divided among his or her descendants by representation.
Other devises - at Betsy's death:
Wyoming residence to Franklin - as part of his share.
Set aside a reasonable sum for a pet trust for the macaw, Rosa as Trustee.
Rosa gets the "publishing" business.
Betsy still wants to give to charity; Martin and Samuel died of cancer, so $10,000 to the Arizona Cancer Society.
Drafting instructions: There have been significant changes. Restate the trust. (See language below for introduction.) Dispositive wishes are all above. Note that Martin was married but had no children at his death.
Draft the following: Affidavit terminating joint tenancy (see deed in file) Deed transferring the residence to the trust. (see deed in file) Trust Restatement New Pourover Will New Health Care Power of Attorney New Financial Power of Attorney
Fiduciaries for Will and PoAs, Rosa, then Franklin For Health Care Power of Attorney, yes on organ donation and cremation, with ashes to be scattered with Sam's in Wyoming
Restatement intro: SETTLORSNAME, as Settlors, established Trust on [DATE]. [Add AMENDMENT PROVISION], of the Trust provides that SETTLORSNAME may amend or revoke the Trust by instrument in writing (other than a Will) delivered to the Trustee. SETTLORSNAME hereby amends the Trust on this _____ day of __________, 2034, by revoking the entire text of the Trust and substituting this Restatement therefor.
Remember that Samuel and Betsy executed the first version on August 2, 2024. They remain the Settlors; Betsy now is the Surviving Settlor or Surviving Spouse
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