The AmeriEstate Living Trust Portfolio
The AmeriEstate Living Trust Portfolio is an all-inclusive, comprehensive document created by one of our experienced estate-planning attorneys. Personalized to your own unique situation, our trust portfolio is designed to protect you, your family and your assets now and in the future.
Documents and Services included in an AmeriEstate Revocable Living Trust Portfolio
- The Revocable Living Trust
- Pour-Over Will(s)
- Abstract of Trust
- General Durable Power of Attorney
- Advanced Health Care Directive Living Will – Directive to Physician
- Nomination of Conservator
- Nomination of Guardian
- Anatomical Gifts Declaration
- Special Needs Provisions
- Estate Portfolio Overview
- Personal Information Section
- Separate Property Agreement – if necessary
- Guidelines to Successor Trustee
- Application & Instruction for SS-4
- Final Instructions Section
- Schedule “A” Listing of Assets
- Preparation of Deed(s) (Hawaii is referred out at additional cost, deeds and recording fees are an additional fee per county and state)
- Handling of County Recorder Transfers and Recordings
- Funding Letters/Directives to Banks, etc.
- Funding Instructions
- Support Documents
- Trust Particulars Summary
- Complete Notary Service
- Attorney Endorsement Letter
- Attorney Consultation
- Reasonable ongoing telephone consultation regarding documents prepared with a client without additional charge
- One year membership in the AmeriEstate Legal Plan which includes:
- Access to nationwide network of attorneys
- Amendments to your AmeriEstate Living Trust
- Annual review and update of your AmeriEstate Living Trust
- 30-minute office consultation with attorney for any legal matter
- 25% discount on legal fees beyond the initial free consultation
- DocuBank enrollment and wallet card: Healthcare Powers of Attorney instantly available in emergency, including contact names and numbers
- DocuBank SAFE: Store vital documents files electronically and safely
- Powers of Attorney for primary member
- Prompt customer service from trained staff
- Assistance to your heirs regarding your Trust or estate plan
- Spanish speaking attorney and customer service staff
- Eligibility to enroll in our extended-protection program at plan anniversary
Complete List of AmeriEstate Living Trust Portfolio Features
A) Tab Section 1: Guide for the Original Trustee(s)
- Essentially the owner's manual for the client's AmeriEstate Living Trust Portfolio. Includes terminology and definitions of key terms; provides a brief description of the purpose of each key document; estate tax planning provisions included; and key points to remember in managing your trust during your life and after you die.
B) Tab Section 2: Revocable Living Trust (enhanced features)
- Declared Homestead. When the Settlors' personal residence (homestead) is transferred or placed in this Trust Estate, provisions are included to secure and preserve for the Settlors the requisite rights, beneficial interests and possessory rights in and to such residence homestead to qualify for all homestead exemptions and protection.
- Trustees and Successor Trustees. Provides that when both Settlors are acting as Trustees that either Trustee, acting independently may act/sign on behalf of the trust.
- Provides that if either (married) Settlor is to hold sole and separate property in trust, that the Settlor owning separate property may, at their option serve as sole trustee for their separate trust property and may independently amend any provision of the trust dealing with their sole and separate property.
- Provides for majority of Successor Trustees (if more than two) to transact trust business.
- Provides for appointment of a Successor Trustee if the position of Trustee becomes vacant with no named successors.
- Provides for the use of and compensation for a professional, corporate or other independent Trustee if the Settlors so elect or if it becomes necessary down the road due to existential circumstances.
C) Miscellaneous Provisions:
- QDOT (Qualified Domestic Trust) Provisions in case a Settlor or Trustee is a non-US Citizen. May prevent unnecessary immediate taxation.
- Provisions for Handicapped/Special Needs Beneficiaries. Incorporates into the client's living trust a supplemental needs trust for any special needs beneficiaries. Will protect intended inheritance so that special needs beneficiary may not be disqualified from public benefits, inheritance set aside may be used to supplement any public benefits received, and will not become subject to recovery efforts by any public agency.
- Retirement Asset Provisions. Provides some flexible estate tax planning options where a Trust is named the beneficiary of a qualified retirement account and can provide for spousal rollover privileges or even limited IRA Stretching.
- Generation Skipping Tax Provisions (GST). Provides tax planning provisions in the event second or more remote generations are named beneficiaries of otherwise non-exempt beneficial distributions.
- Health Insurance and Portability and Accountability Act provisions (HIPAA). Includes required HIPAA provisions dealing with determination of incapacity of a Trustee.
D) Tab Section 3: Pour Over Will
- Self Proving Affidavit. Eliminates the need for identifying and tracking down witnesses for a declaration in the event any of the Client’s estate becomes subject to probate.
E) Tab Section 4: Memorandum and Abstract of Trust
- Summary copy of the Trust Declaration for use with financial institutions when opening new trust accounts or retitling existing accounts into the name of the trust.
- FDIC and NCUA bank and credit union deposit provisions. Federally chartered bank and credit union deposits are generally insured for up to $250,000 per account registration type per financial institution. Accounts held in the name of a Living Trust may be eligible for enhanced insurance coverage. Part of the requirement for enhanced coverage is for the names of the Successor Beneficiaries to be listed among the client’s records at the bank. The abstract, which is usually given to a bank when funding an account into the name of the trust includes provisions for compliance with the rules, including listing the names of the “qualifying beneficiaries”.
F) Tab Section 5: Funding Instructions
- Includes detailed instructions for funding various types of assets to the AmeriEstate Living Trust. This section contains various form letter templates to help facilitate the funding process.
G) Tab Section 6: Schedule “A”
- Includes schedules for listing all intended trust assets and assignments for the inclusion of all personal and miscellaneous property to the trust.
H) Tab Section 7: Directives for Distribution of Personal Property
- Includes schedules for clients to specify gifts of personal property or sentimental items to specific individuals. May be updated simply by client on an ongoing basis without the need for amendments (dealing with distribution of personal property/effects).
I) Tab Section 8: General Durable Power of Attorney
- Allows client to choose when the authority of their designated agent will become effective. May choose for their spouse or other primary agent to have immediate power, but successors to have springing powers; or all nominated agents to have immediate or springing powers.
- Detailed powers enumerated to aid in dealing with financial institutions, while at the same time incorporating all powers granted.
- Provisions for dealing with government or other public benefits for the Settlors.
- Provisions to allow gifting, including to the agent if needed, to fulfill a pattern of giving or to help qualify Settlors for public assistance, provided that such gifts do not violate the Settlor’s overall testamentary intent.
J) Tab Section 9: Advance Health Care Directive
- Detailed choices for end of life decisions such as choice to prolong life or be allowed to die naturally.
- Detailed choices related to wishes concerning organ donation.
K) Tab Section 10: Disposition of Remains and Final Instructions
- Client may list desires and preferences regarding decisions to be made after client's death, including such things as funeral arrangements and type of services to be held.
L) Tab Section 11: Guide For Successor Trustee
- Section includes worksheets and detailed instructions for Successor Trustee on how to Settle a Trust Estate.
M) Miscellaneous Forms/Instructions
- Sample format for simple amendments, if needed, to be executed in an emergency.
- Samples of letters to mail to Social Security, Life Insurance Companies, Health Insurance Companies.