Confidential Trust Amendment Questionnaire

"*" indicates required fields

Date of this Questionnaire*

Revocable Living Trust Amendment Questionnaire*

The sole purpose of this questionnaire is to give Richard Keyt and the KEYTLaw, LLC, law firm (collectively the "Firm") the information they need to amend and update a confidential trust agreement the Firm previously prepared for you when you hired us to form a Gold LLC.

Effective Date of the Revised Trust*

Revocable Living Trust Agreement Amendment Fee*

Our fee to prepare an amendment to your Confidential Trust is $347.

About Your Trust*

Your trust is a revocable living trust that can own/hold any type of asset. It does avoid probate on the death of the current beneficiaries or beneficiary, but it does not do any of the following: (i) provide asset protection for the surviving spouse if one spouse dies, (ii) provide life-time asset protection for future beneficiaries such as children when the current beneficiaries or beneficiary dies, or (iii)contain special needs trust language for beneficiaries who are special needs people or who may become a special needs person years after your death.

People frequently ask me how to protect assets. My answer is the best way to protect inherited assets from future creditors and ex-spouses of children and loved ones is an irrevocable life-time asset protection trust created by a parent or a trust maker for children or loved ones. This is the type of trust we draft when people purchase our estate plan with a trust.

$500 Discount If You Hire Us to Prepare an Estate Plan with a Trust*

Because you bought our Gold LLC package you get a $500 discount off the price of a complete estate plan with a trust. Our Platinum estate plan documents include an 80 or 100 page sophisticated revocable Living Trust, a Last Will and Testament, a Healthcare Power of Attorney (you name people to make medical decisions for you if you are not able), a Living Will (instructions to pull the plug if you are brain dead and in a terminal condition), a Financial Power of Attorney (your agent can deal with your assets outside the trust if you lose your mental capacity), a HIPAA Authorization, a Personal Property Memorandum (used to make gifts of person items directly to a person), a Beneficiary Deed (transfers your home to the trust), an Assignment of Personal Property (transfers your personal property to the trust and a Certification of Trust. For details about these documents read our article called Arizona Estate Plan Contents.

Do You Want to HIre Us to Prepare an Estate Plan with a Trust & Get a $500 Discount?*

Yes

1st Step: Complete Our Online Gold Estate Plan Questionnaire*

Do not complete this questionnaire. Instead complete and submit our online Gold Estate Planning Questionnaire,

2nd Step: Make a Free Estate Plan Consultation Appointment*

Go to Richard Keyt's online calendar and make an appointment for your free estate plan consultation with Richard to discuss and design your estate plan to protect your most valuable assets - your loved ones. You can also make an appointment by calling our legal assistant at 480-664-7413.

Your Information

Your Legal Name*

Your Mailing Address*

Street Address Address Line 2 City State ZIP Code

Phone Number*

Your Email Address*

Enter Email Confirm Email

Your Marital Status*

I am married

I am single

Your Spouse's Legal Name*

Definition of Beneficiary*

A beneficiary of the trust is the individual or group of individuals for whom the trust is created. If the trust maker is married, most people name the trust maker and his or her spouse as current beneficiaries. There are two types of beneficiaries, a current beneficiary and a future beneficiary. A current beneficiary is the person, trustee or entity for whom the trustee is managing the trust’s assets. Think of the current beneficiary as the person who would own the trust’s assets if there were no trust.

A future beneficiary is a person, people, trustee of another trust or entity that that will become the current beneficiary or beneficiaries if all current beneficiaries were to die.

Will Your Spouse be a Current Beneficiary of Your Trust?*

Yes

Community Property vs. Separate Property*

Arizona community property law provides that all property acquired by a married person who is an Arizona resident is community property unless the property is acquired: (i) from a gift, (ii) inherited, or (iii) acquired entirely by the separate property of the spouse who acquires the property. If your spouse is not a current beneficiary of the trust and you want to own all the trust's assets as your sole and separate property then you must obtain your spouse's signature on a Disclaimer that states all of the trust's assets are your assets and not your spouse's assets.

Do You Want Us to Prepare a Disclaimer for Your Spouse to Sign?*

Yes. I want you to prepare a Disclaimer for $97 that when signed by my spouse will cause my spouse to disclaim ownership of all assets currently owned by the trust so I can own the trust's assets as my separate property.

No. I do not want you to prepare a Disclaimer that if signed by my spouse would cause my spouse to disclaim all ownership of the LLC or LLCs owned by the trust. I am ok with my spouse having a community property interest in trust assets including its LLCs.

The Following is a List of ALLC of Your Separate Property Assets*

In this field describe in detail all assets owned by the trust that are your separate property. For the Disclaimer to be effective with respect to an asset the asset must be listed and described in an exhibit to the Disclaimer we will prepare based on the information you put in this field.

Trust Information

About Your Trust*

Refer to your current trust agreement as you review and answer the following questions. The purpose of amending the trust agreement is to update your trust agreement so you need to know what your current trust agreement says so you can to determine what you need to update.

Exact Name of the Trust*

See Section 1.01 of the trust agreement.

Actual Date of the Trust Agreement*

See the first paragraph of the trust agreement.

Current Trustee(s) of Your Trust

Current Trustee(s)*

The current trustee(s) has/have control of all assets owned by the trust, including LLC membership interests. The current trustee is responsible for managing all assets owned by the trust. If you are a current trustee and married do you want your spouse to be a current trustee? If your spouse is a current trustee with you then if you were to die or become incapacitated your spouse would be able to control assets owned by the trust.

Note: If you are married and your spouse is not a current trustee and you were to die or become incapacitated the successor trustee provisions in the trust agreement will determine who can become the trustee and that person will have to hire an estate planning attorney to prepare the documents needed to become the successor trustee.

Legal Name(s) of the Current Trustee(s)*

1st Current Trustee

2nd Current Trustee

If you name a 2nd current trustee that person must be the spouse of the 1st current trustee.

Successor Trustees of Your Trust

Successor Trustees*

See Sections 2.02(a) and 2.02(b) of your trust agreement. If you have an older trust agreement see Sections 2.03(a) and 2.03(b). The first successor trustee is the person or people who will become the trustee or co-trustees and have control of the assets held in the trust if the initial trustee or both initial trustees die or become incapacitated. You can name two or more people to be co-successor trustees.

Naming a 2nd successor or 3rd successor trustee is optional. The 2nd successor trustee(s) is the person or people who will become the trustee or co-trustees and have control of the assets held in the trust if: (i) the initial trustee or both initial trustees die or become incapacitated, and (ii) the 1st successor trustee or trustees cease to be a trustee or is or are not able to become the trustee.

Note: You can name two or more people to be co-successor trustees who serve simultaneously.

Legal Name(s) of the Successor Trustee(s)*

1st Successor Trustee or Co-trustee(s)

2nd Successor Trustee or Co-trustee(s)

3rd Successor Trustee or Co-trustee(s)

You must name a 1st successor trustee or co-trustees Additional successor trustees are optional.

Beneficiaries of the Trust

Your Trust's Current Beneficiary or Beneficiaries

The current beneficiary or beneficiaries is/are the person or people for whom the current trustee(s) holds and administers the trust's assets. Think of the current beneficiary or beneficiaries as the person or people who would own the trust's assets if the trust did not exist. Normally the current beneficiary is the person who creates the trust and his or her spouse if married and they want to own the trust assets through the trustee(s) as community property.

Legal Name(s) of the Current Beneficiary or Beneficiaries*

1st Current Beneficiary

2nd Current Beneficiary

If you name a 2nd current beneficiary that person must be the spouse of the 1st current beneficiary.

Future Beneficiary or Beneficiaries*

The future beneficiary or beneficiaries is/are the person, people, entity or entities that will inherit all assets in the trust when the initial beneficiary or beneficiaries die. Ask yourself who would you want to inherit the trust's assets? The answer is/are your future trust beneficiary or beneficiaries.

Your current future beneficiary or beneficiaries is/are named in Article 6 of the trust agreement. If Article 6 of your trust agreement does not correctly name who you want to be the future beneficiary or beneficiaries and inherit the trust assets then you need to amend your trust agreement and name the future beneficiary or beneficiaries of the trust.

Do You Want to Change One or More Future Beneficiaries?

Yes

Who Will Inherit the Trust's Assets When the Current Beneficiary or Beneficiaries Die?

In the following question enter the names of each future beneficiary and what the beneficiary will inherit. Examples:

1. All to my/our children equally

2. All to my brother Homer Simpson, but if he is deceased then all to my sisters equally

3. My LLC goes to my children equally and my home goes to my spouse Marge Simpson, but if she is deceased then my home goes to my son Bart Simpson

In the following question enter the names of each future beneficiary and what the beneficiary will inherit.

Who Will Inherit the Trust's Assets When All Current Beneficiaries Die*

Do You Want to Disinherit Any Family Members?*

Yes

Name(s) of All Family Member(s) You Want to Disinherit

In What State & County Will You Sign the Trust Agreement Amendment?*

State In Which You Will Sign

County In Which You Will Sign

Enter the state and county in which you will sign the amendment to the trust agreement. We need this information to put in the signature block for the notary's signature.

Do You Have Any Additional Information You Want Us to Know?*

Yes

Additional Information

Add any additional information you want KEYTLaw to know.

Asset Protection Warning*

Your trust agreement will provide that when all current beneficiaries die all of the trust's assets will be distributed as soon as practicable thereafter by the successor trustee(s) to the future beneficiaries/heirs you name in Article 6 of the trust agreement, which means the inherited assets will not be protected from the future beneficiary's creditors or an ex-spouse. If you want to leave assets to your loved ones in an asset protected trust you must hire us to prepare an estate plan with a trust that gives your loved ones a life-time asset protection trust for their inherited assets.

How to Pay $347 for Your Trust Amendment*

Pay for your trust amendment using our secure online order form with your Visa, MasterCard, American Express card or Discover card. You can also call our legal assistant at 602-664-7413 and give her your credit card information.

How to Pay $444 for Your Trust Amendment*

What Happens Next*

When you click on the submit icon below our system will send you an email message that has all of the information you entered into this questionnaire. Please review the questionnaire and if you want to change anything reply to the message and tell us what you want to change. If you don't see the message in your inbox, check your spam folder.

Scottsdale Estate Planning Attorneys