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:

  • Advance Health Care Directive & Living Will – Directive to Physician
  • Power of Attorney for Financial Affairs
  • 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
  • Final Instructions Section
  • Schedule “A” Listing of Assets
  • Preparation of Deed(s) and Recording (In most states)
  • Funding Letters/Directives to Banks, etc.
  • Funding Instructions
  • Trust Particulars Summary
  • Complete Notary Service
  • 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
  • Simple Amendments to your AmeriEstate Living Trust
  • Annual review and of your AmeriEstate Living Trust
  • 30-minute consultation with attorney for any legal matter
  • 25% discount on legal fees beyond the initial complimentary consultation
  • DocuBank enrollment and wallet card: Advance Health Care Directive 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
  • Complimentary consultation with your heirs regarding your trust or estate plan
  • Spanish-speaking attorney and customer service staff

Complete List of AmeriEstate Living Trust Portfolio Features

Guide for the Original Trustee(s)

  • Essentially, this is the owner's manual for the client's AmeriEstate Living Trust Portfolio. It includes terminology and definitions, and a brief description of the purpose of each document.

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.

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.

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.

Power of Attorney for Financial Affairs

  • The durable power of attorney (also referred to as a financial power of attorney or general power of attorney) gives the agent the power to manage the financial affairs of the principal when he or she is incapacitated.

Memorandum and Abstract of Trust

  • The 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.

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.

Schedule "A"

  • Includes schedules for listing all intended trust assets and assignments for the inclusion of all personal and miscellaneous property to the trust.

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 the client on an ongoing basis without the need for amendments (dealing with the distribution of personal property/effects).
  • 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.

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.

Guide for Successor Trustee

Section includes worksheets and detailed instructions for Successor Trustee on how to Settle a Trust Estate.

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.