Asset Protection Services International, SRL

"Protecting Your World"

United States of America
Living Trust

Full Leather Records Book

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Please, don't leave your family a sticky note!
The revocable Living Trust provided by Asset Protection Services International, SRL is a comprehensive estate planning document, which was originally prepared by a Nevada attorney for one of America's wealthiest families as a powerful estate planning device for avoiding probate. A living trust is revocable and provides no asset protection, but rather a living trust helps distribute estate assets according to your last wishes without the need for lengthy court proceedings and expensive attorney's fees. Revocable living trusts are effective during your lifetime whereas "wills” and “testamentary trusts” take effect upon your death and instantly send beneficiaries to probate court. Whatever is properly placed into your revocable Living Trust prior to your death prevents your family from going through probate.
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Enter the category for this item: Avoiding Probate
Enter the name for this tabbed section: Ron Paul on Living Wills
A Living Will provides specific "Directives for Physicians" in the event you are incapacitated or disabled to the point where you body is, for example, in a coma or on some form of life support and you are unable to communicate your wishes to others. So, in laymen's terms, the document allows your "will" or desires to be respected while you are still living even though you may be unconscious or unable to communicate.
Enter the name for this tabbed section: Avoiding Probate Court
An object of primary concern is the avoidance of probate. Probate is a court procedure whereby upon your death your assets are distributed according to your will, or by state law if you have no will. There are many disadvantages to probate including the costs to your family and friends for attorneys, appraisers, real estate agents and independent administrators. Probate is not a private proceeding but rather a public event where assets are often frozen and prohibited from being distributed without a court order. The average estate takes 1.5 years before the probate process is finally over. And if your estate contain real estate in multiple jurisdictions, ancillary probates are held in each respective state wherein the properties are located. Should any problems arise, extensive time delays must be taken into consideration as courts may extend probate for years to resolve conflicts and disputes. If probate can be avoided or eliminated, all reasonable measures should be taken to do so.
Enter the name for this tabbed section: State Estate Taxes
States may levy an estate tax, which is allowed under the federal estate tax laws, in the exact amount of the Internal Revenue Code Section 2011. Beneficiaries are subject to different inheritance tax rates and exemptions based on their relationship to the decedent. Such estate taxes imposed by the states are often called a "pick-up" tax. Many states have annual budget deficits in the hundreds of millions of dollars, some in the billions and aggressively look to generate or pick-up revenue to help cover such losses.

State

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Alabama


Alaska

Arizona

Arkansas

California


Colorado

Connecticut





Delaware






District of Columbia

Florida

Georgia

Hawaii

Idaho






Illinois


Indiana

Iowa




Kansas

Kentucky

Louisiana

Maine

Maryland

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Michigan

Minnesota


Mississippi

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Nebraska


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New Jersey

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Ohio

Oklahoma

Oregon

Pennsylvania

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South Carolina

Tennessee

Texas

Utah

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Virginia

Washington

West Virginia

Wisconsin

Wyoming

Estate and Inheritance Tax
Generation Skipping Transfer Tax

Estate Taxes

Estate and Generation Skipping Taxes

Estate Taxes

Estates, Trusts, Beneficiaries and Decedents

Estate, Inheritance and Succession Tax

Succession and Transfer Taxes
Generation Skipping Transfer Tax
Estate Tax
Federal and State Estate Taxes
Estate Income Tax

Inheritance
Gift Tax
Estate Tax
Pass-Through Entities, Estates, Trusts
Interstate Compromise or
Arbitration of Death Taxes

Inheritance and Estate Taxes

Estate Taxes



Estate and Transfer Taxes

Individual's Tax and
Tax on Estates and Trusts
Individuals who are Officers, Directors, Shareholders, Partners or Members of a Corporation, Partnership or Beneficiaries of a Trust or Estate

Illinois Estate and Generation Skipping Transfer Tax Act

Death Taxes

Inheritance Tax
Generation Skipping Transfer Tax
Qualified Use Inheritance Tax
Iowa Estate Tax

Death Taxes

Inheritance Estate Taxes

Imposition of Tax on Estates and Trusts

Inheritance, Succession, Estate Taxes

Death Taxes

Taxation of Legacies and Successions
Taxation of Transfers of Certain Estates
Settlement of Disputes Respecting the Domicile of Decedents for Death Taxes
Massachusetts Estate Tax

Michigan Estate Tax Act

Estate Tax
Gift Taxes

Gift Taxes

Estate Tax (formerly Inheritance Tax)

Tax on Beneficiaries or Fiduciaries of Estates or Trusts
Computation of Income of Estates or Trusts (Exemptions)
Determination of Tax of Estates, Trusts
Estates and Trusts Tax Remedies

Inheritance Tax, Estate Tax and
Generation Skipping Transfer Tax

Tax on Estates
Generation Skipping Transfer Tax

Taxation of Transfers of Certain Estates
Uniform Estate Tax Apportionment Act
Settlement of Disputes Respecting the Domicile of Decedents for Death Taxes



Estate Tax

Estate Tax
Generation Skipping Transfer Tax

Estate Taxes

Estate Tax (PDF)

Estate Tax

Inheritance or Transfer Tax

Inheritance Tax

Apportionment of Death Taxes

Estate and Transfer Taxes
(Liability and Computation)
Estate and Transfer Taxes
(Enforcement and Collection)
Uniform Estate Tax Apportionment
Gift Tax

Imposition, Amount of Inheritance Tax
Estate Tax
Administration and Collection of Inheritance Tax

Estate Tax

Transfer Taxes

Inheritance Taxes

Inheritance Tax Act

Interstate Arbitration of Death Taxes
Interstate Compromise of Death Taxes
Uniform Estate Tax Apportionment Act
Estate and Gift Taxes

Virginia Estate Tax

Estate Taxation

Estate Taxes

Estate Tax

Inheritance Taxes

Title 40, Section 15
Title 40, Section 15.A

Title 43, Chapter 31

Title 42, Chapter 4

Title 26, Chapter 59

California Revenue and Taxation Code:
Division 1, Part 10, Chapter 9


Title 39, Article 23 - 24

Title 12, Chapter 216
Title 12, Chapter 216.A
Title 12, Chapter 217
Title 12, Chapter 218
Title 12, Chapter 218.A

Title 30, Chapter 13
Title 30, Chapter 14
Title 30, Chapter 15
Title 30, Chapter 16
Title 30, Chapter 17


Title 47, Chapter 37

Title XIV, Chapter 198

Chapter 48-12

Chapter 236.D

Chapter 63-3024

Chapter 63-3022.L




35 ILCS 405


Title 6, Article 4.1

Title X, Chapter 450
Title X, Chapter 450.A
Title X, Chapter 450.B
Title X, Chapter 451

Chapter 79, Article 15

Title XI, Chapter 140

Title 47, Section 181

Title 36, Chapters 551 - 575

Tax-General, Title 7

Title IX, Chapter 65
Title IX, Chapter 65.A
Title IX, Chapter 65.B

Title IX, Chapter 65.C

Chapters 205.201 - 205.256

Chapter 291
Chapter 292

Title 27, Chapter 292

Title X, Chapter 145

Chapter 15-30-135

Chapter 15-30-136

Chapter 15-30-137
Chapter 15-30-137

Chapters 77.2001 - 77.2116


Title 32, Chapter 375.A
Title 32, Chapter 375.B

Title V, Chapter 87
Title V, Chapter 88.A
Title V, Chapter 90


Chapters 58.33 - 58.38

Chapter 7, Article 7

Tax, Article 26
Tax, Article 26.B

Chapter 105, Article 1.A

Chapter 57-37.1

Title LVII, Chapter 5731

Sections 68.801 - 68.827

Chapter 118

Title 20, Chapter 37

Chapter 44-22

Chapter 44-23

Chapter 44-23.1
Chapter 44-24

Title 10, Chapter 40
Title 10, Chapter 40.A
Title 10, Chapter 41


Title 12, Chapter 16

Title 67, Chapter 8

Tax Code, Sub-Title J, Chapter 211

Title 59, Chapter 11

Title 32, Chapter 185
Title 32, Chapter 187
Title 32, Chapter 189
Title 32, Chapter 190

Title 58.1, Chapter 9

Title 83

Chapter 11, Article 11

Chapter 72

Title 39, Chapter 19

Enter the name for this tabbed section: Why an A/B Living Trust?
You act as trustee of your trust and maintain full control over your assets during your lifetime.

You can amend your trust at any time to allow for changes in your family, economic circumstances or for changes in the law.

A trust allows immediate implementation of your estate plan.

A trust is generally neither recorded nor registered with any public agency, so it is private and not public.

A trust provides immediate distribution of your assets or directs the assets to be held in trust for an extended period of time.

A trust does not pay any additional income taxes. No separate federal income tax return need be filed while you act as trustee.

Eliminate federal estate taxes for estates up to $2,000,000 for a married couple. (Without the trust a $2,000,000 estate could pay $438,750 in federal estate taxes and up to $123,750 in attorney's fees.)

Upon the death of the first spouse, the trust is divided into two “sub” trusts, commonly referred to as the “A” and “B” Trusts. The "B" Trust is funded with the maximum amount allowed to pass federal estate tax free because of the unified credit to the beneficiaries of the B Trust, usually with right to invade the principal with the surviving spouse having control. The "A" Trust is funded with the remainder of the estate. The surviving spouse is the beneficiary of the A Trust and assets can go to the A Trust free of federal estate tax because of the unlimited marital deduction.

Upon the death of the surviving spouse, up to $1,000,000 in the A Trust passes federal estate tax free because of the spouse's own unified credit. All the assets no matter what value in the B Trust pass tax free to your children. If the original $1,000,000 in the B Trust increases to $5,000,000 at the time of the survivor's death, all of the $5,000,000 passes free of federal estate taxes to the children. Or, if you did not leave it to your children, up to $1,000,000 could pass without the tax to your heirs.
Enter the category for this item: What is a Trust?
Enter the name for this tabbed section: Definition

"A trust is an equitable obligation, binding a person (trustee) to deal with property owned by him
(trust property as opposed to private property) for the benefit of persons (beneficiaries)."

Sir Arthur Underhill, 1945


In short, a trust is a contractual relationship. There are many types of trusts and many purposes for their creation. Trusts are primarily created for the management and distribution of assets during a person's life or after their death. A trust may be created for a surviving spouse, children, friends, business, charitable organizations or for the financial benefit of the persons creating the trust. Trust law is voluminous, but generally a trust has been lawfully created if properly funded, if a disinterested third-party trustee has properly held and maintained the trust assets and if the purpose of the trust is legitimate according to established trust law. A trust is comprised of four separate and distinct parts.

Enter the name for this tabbed section: 4 Trust Parts
  • Settlor
    Often called a grantor, a settlor is the person who creates the trust. A settlor determines the terms and conditions whereupon assets are to be inherited or disbursed. A settlor may not be the sole trustee and beneficiary simultaneously.

  • Trustee
    The individual (or entity) who holds, manages and disburses the assets of the trust is called a trustee, and has a fiduciary responsibility to act in good faith and administer the terms and conditions of the trust agreement in accordance with general trust law principles.

  • Beneficiary
    The person who is benefited by the trust (corpus) is known as the beneficiary and may be an individual, multiple people, a corporation, partnership, limited liability company, living trust or any combination thereof. A beneficiary may retain management control of the trust and has the rights to receive assets and profits from the trust. A beneficiary may not be the settlor and the sole trustee simultaneously.

  • Trust
    The trust is the formal written agreement and the assets that comprise the trust (corpus). A trust becomes active, or activated, once it has been funded with assets. Funding requires the transference of asset ownership from the settlor to the trust. Once this transfer of assets is complete, the settlor no longer has legal or equitable title of those assets.
Enter the name for this tabbed section: Mergers and Arms Length
  • Doctrine of Merger
    The doctrine of merger states that in the event a person is both the sole trustee and beneficiary of a trust, there is a fusing of legal and equitable title and the trust is terminated.

  • Arms Length Regulations
    Arms length regulations require (irrevocable) trusts to utilize a disinterested third-party to act as the trustee or co-trustee to avoid the doctrine of merger. Similar to the laws of attribution, no disinterested third-party should include any member of your immediate family (father, mother, brother, sister, husband, wife, son or daughter), however arms length regulations also extend to any close friends or business contacts whose association to the trust (in a fiduciary capacity) may cause a conflict of interest and are therefore prohibited. It is prudent to consider the services of a reputable attorney, bank or company to provide fit and proper trustee services.
Enter the name for this tabbed section: Legal and Equitable Title
  • Legal Title
    "A title that evidences apparent ownership but does not necessarily signify complete title or beneficial interest." - Black's Law Dictionary (9th Edition)

    Legal title is given to the person (trustee) to whom
    title to of assets are recorded, for and on behalf of the trust (beneficiary). The legal title holder does not have the right to use of, nor the ability to take possession of, nor the right to collect rents or profits of, trust assets.

  • Equitable Title
    "A title that indicates a beneficial interest in property, which gives the holder the right to acquire the formal legal title." - Black's Law Dictionary (9th Edition)

    When the assets of a trust are finally disbursed, the beneficiary shall be able to exert equitable title and receive legal title to the trust property.
Enter the name for this tabbed section: Powers
  • Powers
    Trusts may be drafted to vest the power and duty of management of the trust to the beneficiary. The beneficiary then possesses the "power of direction" to instruct the trustee what to do in relation to the trust. Such power of direction is necessary as the beneficiary does not hold legal title to the assets of the trust and must instruct the trustee when to execute documents such as deeds, mortgages and leases. Additionally, the beneficiary may possess the power to terminate and replace the trustee with another trustee (service) at any time.

  • Signatories
    Trusts may be drafted to provide for the use of a single signatory on behalf of the settlor. This signatory (co-trustee) is the person authorized to sign documents for and on behalf of the trustee, but only upon written direction of the beneficiary. A settlor may not be the sole signatory.
Enter the category for this item: Revocable Living Trust
Enter the name for this tabbed section: Contacts
A living trust records book should be kept in a prominent location, such as a home office bookshelf, with an easy-to-read spine labelled "Living Trust" so that it may be quickly located by immediate family members in the event of an untimely death. The introductory portion of a living trust should include updated contact information of friends, employers, professional advisors, document locations, and a declaration of final arrangements.
Enter the name for this tabbed section: Trust Agreement
The trust agreement is the core of your living trust and details to whom your remainder estate shall be given, and under what time frames or conditions. In addition to clearly articulating fiduciary powers and responsibilities, a well written trust agreement should provide means of accessing information efficiently and effectively.
Enter the name for this tabbed section: Power of Attorney
A creditor can file for a receivership or conservatorship in the court that they be allowed to handle your personal and financial affairs. Disadvantages include the need to hire an attorney and the subsequent costs for legal representation. Expect delays spanning from a few weeks to many months or even years. This process is public and not private, and the court is in control of your estate and monitors everything you do. The court may also require restrictions on whomever handles your affairs. Various powers of attorney eliminate these problems. You decide whom to appoint and nobody may second-guess your decision. You or your loved ones will not have to go to court. There are no time delays for the person of your choice to take over your affairs when you are unable to. There are no court reports and only the person you choose will have control over your assets until you are able to handle them yourself.

  • General POA
    The General Power of Attorney for Property gives sweeping powers to the agent of your choosing to act on your behalf on a broad spectrum of areas. Virtually every aspect of your life could be handled by the person to whom you chose to entrust such powers should you become mentally incapable of continuing to manage your financial affairs.
  • Durable POA
    The Durable Power of Attorney for Health Care gives a comprehensive range of powers to the agent of your choosing to act on your behalf with doctors, hospitals and other agencies in the event that your personal physician declares you, in writing, to be physically incapable of managing your own health care affairs.
Enter the name for this tabbed section: Directive to Physicians
Physician's directives provide instruction for your family medical doctor should you have an incurable condition caused by injury, disease or illness where life-sustaining procedures would serve to artificially prolong the moment of death. A properly drafted living trust should provide a "directive to physicians" for the right to continue to fight for life, to end artificial life-prolongment immediately or after a set period of time, or for your attorney-in-fact to decide on your behalf when or if to "pull the plug" after weighing the facts presented by your physician and attending medical doctors.
Enter the name for this tabbed section: Pour-Over Will
The last will and testament is a catch-all for any assets which may have been neglected to be placed into the living trust during the course of a person's lifetime. Upon death, this instruments directs those assets to pour-over into the comprehensive revocable living trust thus avoiding probate for the remainder of the residual estate.
Enter the category for this item: Table of Contents
Enter the name for this tabbed section: Cover Page
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Enter the name for this tabbed section: Revocable Living Trust

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    Complete Formation

    Green Checkmark Button Statutory Due Diligence for Up to Two Persons
    Green Checkmark Button Contacts, Advisors, Document Locations
    Green Checkmark Button Declaration of Final Arrangements
    Green Checkmark Button Revocable Living Trust Agreement
    Green Checkmark Button Special Power of Attorney for Trustee
    Green Checkmark Button General Power of Attorney for Property
    Green Checkmark Button Durable Power of Attorney for Physicians
    Green Checkmark Button Directive to Physicians
    Green Checkmark Button Last Will and Testament (Pour-Over Will)
    Green Checkmark Button Schedule "A" (List of Assets)
    Green Checkmark Button Affidavit of Succession (Form)
    Green Checkmark Button Amendment to Trust (Form)
    Green Checkmark Button Assignment of Property (Form)
    Green Checkmark Button Bill of Sale (Form)
    Green Checkmark Button Revocation of Trust (Form)
    Green Checkmark Button Statement and Signature of Witnesses (Form)
    Green Checkmark Button Declaration and Notary Certification (Form)
    Green Checkmark Button Living Trust Manual and CD
    Green Checkmark Button Full-Leather Records Book with Slipcase
    Green Checkmark Button One Year of Customer Support
    Green Checkmark Button Annual Business Review
    Green Checkmark Button Creation Time is 1 Business Day


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