                      SOME GENERAL OBSERVATIONS


The legal process, because of its unbridled growth, has become a cancer
which threatens the vitality of our forms of capitalism and democracy.

                                 Lawrence Silberman, U.S. Attorney General

 ... the harsh truth is that ... we may well be on our way to a society
overrun by hordes of lawyers, hungry as locusts, and brigades of judges in
numbers never before contemplated.

                        - Chief Justice of the United States Warren Burger

The legal trade is nothing but a high class racket.

                                                   - Professor Fred Rodell

I do not wish to speak ill of any man behind his back, but the fact is that
he is an attorney.
                                                          - Samuel Johnson

People say law, but they mean wealth.
                                                     - Ralph Waldo Emerson

All sorts of substitute for wisdom are used by the world.  When the court
doesn't know, they use precedent.  The court that made the precedent
guessed at it.  Yesterday's guess, grown gray and wearing a big wig becomes
today's justice.
                                                         - Dr. Frank Crane

A lawyer is a learned gentleman who rescues your estate from your enemies
and keeps it for himself.
                                                           - Lord Brougham

It is the trade of lawyers to question everything, yield nothing, and to
talk by the hour.
                                                        - Thomas Jefferson

He saw a lawyer killing a viper on a dunghill hard by his own stable;
And the Devil smiled, for it put him in mind Of Cain and his brother Able.

                                                               - Coleridge

Lawyers are the only persons in whom ignorance of the law is not punished.

                                                          - Jeremy Bentham

The first thing we do, let's kill all the lawyers.

                                              - Shakespeare, King Henry VI

The virtuous need but few laws; for it is not the law which determines
their actions, but their actions which determine the law.

                                                            - Theophrastus

Where you find the laws most numerous, there you will find also the
greatest injustice.
                                                                Arcesilaus

The more corrupt the state, the more numerous the laws.

                                                                 - Tacitus

"The law, sir, is a ass."
                                                         - Charles Dickens

"...ours is a sick profession marked by incompetence, lack of training,
misconduct and bad manners.  Ineptness, bungling, malpractice, and bad
ethics can be observed in court houses all over this country every day. 
(...these incompetents have) a seeming unawareness of the fundamental
ethics of the profession. 

                       - Chief Justice of the United States, Warren Burger
 
"Most lawyers are as crooked as a dog's hind leg." 
 
                                                     - Grampa Province

                               WHY A TRUST?

Why create a living trust?  Isn't that something that's only done by rich
people?  Can the average citizen create his/her own living trust without
the help of a lawyer?  Why not just pay a lawyer to write a simple will?

There are a number of reasons and answers to these simple questions.

First, you should know that you have EVERY LEGAL RIGHT to create your own
living trust by yourself, without the help of a lawyer.

In the second place, when you hire a lawyer to write a will, they don't do
it anyway.  Their Legal Secretary does the job and you end up paying an
exorbitant legal fee.

Further, these secretaries really won't do anything more than fill in some
blank spaces on a pre-designed word processing form and print it double-
spaced with numbered lines.  This type of printed output looks profession,
impressive, and expensive -- that's really what you are paying for.  They
follow the same process for divorces, annulments, legal separations,
bankruptcies, creditor plans, simple contracts, real estate deals, and so
on, ad nauseam.

Most of the work done by legal secretaries or paralegals is nothing more
that filling in the blanks.  What the majority of the legal profession
doesn't want you to know is that anyone, YES!, ANYONE!, can do what they
do.

It is my honest opinion that the legal profession is in a sad state of
affairs.  Any document drawn up by one lawyer will be challenged by another
lawyer if he is paid to do so.  No matter how correct or exact it is, some
other lawyer will find fault with it if there is a fee to be made.  It is
the business of lawyers to make things so complicated that they cannot be
understood.  Lawyers are not paid to fix things or fight for justice, they
are paid to argue, confuse, obfuscate, and prolong.  They get paid for
keeping things from happening.  This is only one of the many reasons why
simple trials that should only take hours to decide normally take weeks,
months, and sometimes years.

That, in a nutshell, is the reason for this package of SHAREWARE SOFTWARE. 
You DON'T NEED a high priced (and perhaps incompetent) lawyer to do
something that you can do yourself.  Anyone with a computer and a word
processor or text editor can use these pre-designed trust forms to create
their own Living Revocable Trust.

                  REASONS FOR CREATING A LIVING TRUST

That brings us to the answers to the questions of why a person should form
a trust instead of writing a will.  The reasons are numerous and important. 

Before starting, you should have a firm understanding of what a will is and
what a trust is.  The differences between them are vast.

                              - WILLS -

A WILL is a legal instrument executed by any competent person according to
the prescribed statutes of the state.  Using this instrument the person
states their desired disposition of their property which will take effect
on and after their death.

The existence of a will automatically means that there will be lawyers,
judges, and the court system involved when a person dies.  Because wills
must be "probated", there will be legal fees, the court may interpret the
will as it sees fit, and the wishes of the deceased are not necessarily
followed.

When a will goes to Probate Court, not only does it get bogged down in the
mire of the ineffective, inefficient, cumbersome, and expensive probate
system, it also becomes a matter of public record.  Additionally, it could
conceivably be challenged by a lawsuit.

                             - TRUSTS -

A TRUST is a legal relationship in which one person transfers property of a
second person for the benefit of a third person.  The person creating the
trust is the Grantor.  The person having legal title to the trust property
is the Trustee.  The person for whose benefit the trust is created is the
Beneficiary.  The nifty, magical part of this arrangement is that one
person can be a Grantor, Trustee, and Beneficiary all at the same time.

Using a trust, an individual can transfer property from their personal name
to themselves as a Trustee of a trust.  As the Trustee, they can hold the
property for themselves or for someone else.  Under the instructions of a
Revocable Living Trust, the Trustee (or Co-Trustees) can see to it that
when the Grantor dies all trust property is transferred to the beneficiary
or beneficiaries.  When the Grantor dies, the trust property automatically
is held by any Co-Trustee or Successor Trustee for the benefit of the
beneficiary.  All of this is accomplished WITHOUT any probate process or
any other type of court proceedings.  You don't need to be wealthy to take
advantage of this either.  If you only own your home or automobiles, you
can use a trust to make sure that when you die everything automatically
transfers to anyone you wish.

A Revocable Living Trust is the answer to almost all of the horrible
problems that can be encountered by Probate Court.  It can be entered
easily at little cost and it can be revoked by the stroke of a pen.

                        ADVANTAGES OF A TRUST

The most obvious advantages of a Revocable Living Trust are:

     o  Avoidance of probate and probate administration fees and expenses.
     o  Avoidance of excessive probate legal fees.
     o  Avoidance of unnecessary delays.
     o  Avoiding publicity concerning probate matters.
     o  Avoiding ancillary (secondary) administration.
     o  Avoiding statutory restrictions on bequests of property.
     o  Avoiding inheritance taxes.
     o  Avoiding will contests.
     o  Property management.
     o  Management uninterrupted by the incapacity of the grantor.
     o  Uninterrupted income and access to principal for family
        beneficiaries.
     o  Avoiding the emotional trauma, aggravation, and frustration
        of dealing with a complicated probate process and overpaid
        lawyers.

                        THINGS YOU SHOULD KNOW

                 A Trust Takes Precedence Over a Will!

It is imperative that you carefully read and understand the following
sentence.  A TRUST TAKES PRECEDENCE OVER A WILL.  Even if you have a will
leaving specific property to a person and later create a trust transferring
the same property to a different person, the trust takes precedence and the
property will go to the person named in the trust.

                          Community Property

If community property is to be placed into a trust, it is important that
both spouses join in the creation of the trust as both grantors and co-
trustees.

                              Exhibit A
                  (An Easy Way to Alter the Trust)

Property may be transferred using a trust by means of an "Exhibit A".  This
is a separate page attached to the trust, but referred to in the trust
agreement.  If you decide to change anything in the trust property at a
later time, you only need to change "Exhibit A".  You don't need to alter
the trust agreement.

All property transferred to the trust must be listed in Exhibit A.  You
should be aware of some special information concerning the property
transferred to the trust and the methods involved:

     o  Real estate can be transferred to a trust.
     o  Bank accounts and Saving & Loan accounts can be
        transferred to a trust.
     o  Stocks, bonds, and mutual funds can be transferred
        to a trust.
     o  Insurance policies can be transferred to a trust.
     o  Automobiles, motorcycles, trailers, motor homes,
        and similar types of vehicles can be transferred
        to a trust.

                              Real Property

Real property included in a trust should be recorded with the names of the
trustees of the trust.  Normally, this means filing a "Quit Claim" deed on
the property changing the name of the owners of the property.  This usually
is done at the County Recorder's Office.  The new deed should be similar
to:
          John Doe and Jane Doe, as Trustees under Revocable
          Living Trust Agreement dated January 1, 1990

You should contact your County Recorder's Office for specific information. 
Quit claim deeds may be obtained at stationary stores or at local real
estate offices.

                              Bank Accounts

Bank accounts and Saving & Loan accounts should be changed using the same
type of trust language.  It is suggested that you contact your bank, saving
& loan, or other financial institution to find out how they prefer it to be
done.  Some institutions require a copy of the trust agreement on file. 
Different businesses have different methods.

                                Vehicles

Automobiles, motorcycles, and any other similar types of vehicles should be
registered using the same trust language.  It is a good idea to check with
local, county, and state offices regarding their specific requirements
regarding transfer of vehicles to a trust.

                           Choice of a Trustee

You cannot be TOO CAREFUL When choosing a trustee, co-trustee, or successor
trustee.  It is suggested that an adult family member be selected.  DO NOT
CONSIDER a lawyer, trust officer, bank, or trust company for a trustee. 
This defeats the entire purpose and objective of the Revocable Living
Trust.  It is IMPERATIVE that a trustee be chosen who will expressly avoid
the needless expenses, delays, and inconvenience of court appointments.

                   THE REVOCABLE LIVING TRUST FORMS

The next part of this text will deal with the design and use of the
Revocable Living Trust forms included in this package.

These forms are not complex nor mysterious.  Each of the paragraphs in the
trust are discussed here to demonstrate to you how easy it is to create
your own Revocable Living Trust.

                        Identification Clause

The first clause identifies the Grantor, Trustee, Co-Trustee, Successor
Trustee, and Beneficiary or Beneficiaries.  Also stated is where they live
and where the trust is created.

                            Whereas Clause

The "Whereas Clause" simply states the grantor's specific intent.  This is
an essential element in a trust.  It identifies the property and states the
purpose of the agreement and the use and disposition of the property.

                      Transfer of Property Clause

The transfer of property (conveyance of property in legalese) is the key to
avoiding probate.  Because the property is transferred to a trustee, the
grantor DOES NOT OWN IT as a part of his estate.  Upon transfer, it becomes
the property of the trust.

               Disposition of Income and Principal Clause

As an American citizen, you have a right to direct exactly what is to
happen with the property during your lifetime and even after death.  You
can either use it yourself or give it to someone else.  If given to a
minor, it can be held until they reach the age of adulthood.

                    Revocation and Amendment Clause

Because you are the grantor of the trust and you have made it a "revocable"
living trust, you have the right to completely cancel the trust or change
it in any way you want at any time you want.

                        Successor Trustee Clause

When creating a trust, it is imperative that you have a trustee, a co-
trustee, or a successor trustee.  This person will hold title to all trust
property after the death of the grantor.  This preludes the necessity for a
court appointment and potentially saves the trust a vast expenditure of
time and money.

                      Trustee's Acceptance Clause

Creating a trust agreement means exactly that; there must be an AGREEMENT
between parties.  The selected trustee, co-trustee, or successor trustee
must sign the document indicating that they truly agree to the terms and
conditions set forth in it.

                              Signatures

All grantors and all trustees must sign the agreement.  Make sure everyone
understands exactly what the agreement says and does and that they are
willing to abide by its instructions.  

                              Exhibit "A"

This page (or pages) is a separate part of the trust.  It will identify
exactly and specifically the property that is being transferred to the
trust.

          IMPORTANT! -- Make sure you use the legal description
          of any real estate to avoid any doubts about transfer
          of title to the property.  This information can usually
          be found on the title deed to the property.  It will
          also be recorded with the County Recorder.

                            THE TRUST FORMS 

FORM ONE -- Trust1.txt -- may be used by a married couple.  Both husband
and wife are grantors appointing themselves as co-trustees to the trust. 
They have use of the property for life.  After both of them die, trust
property is transferred to whomever they select as beneficiary.

FORM TWO -- Trust2.txt -- may be used by any adult.  The individual is the
grantor appointing himself/herself as trustee.  The grantor has use of the
property for life.  After he/she dies, trust property is transferred to
whomever is selected as beneficiary.

FORM THREE -- Trust3.txt -- may be used by any adult.  The individual is
the grantor appointing himself/herself and a third party as co-trustees. 
The grantor has use of the property for life.  After he/she dies, trust
property is transferred to whomever is selected as beneficiary.

FORM FOUR -- Trust4.txt -- may be used by any adult.  The individual is the
grantor appointing a third party as trustee.  The grantor has use of the
property for life.  After he/she dies, trust property is transferred to
whomever is selected as beneficiary.

FORM FIVE -- Trust5.txt -- is used to revoke a Living Trust Agreement. 
This may be done by the grantor(s) at any time for any reason.

FORM SIX -- Trust6.txt -- is an IRREVOCABLE TRUST AGREEMENT.  This document
may be used by any adult to create a trust that CANNOT BE REVOKED OR
CHANGED.

When this form is used, the transaction of the trust agreement is FINAL!  
In addition to having some tax advantages, it has most of the advantages of
the Revocable Living Trust.  This trust can be used for the purpose of
gifts, especially to minors.  Assets in this type of trust will avoid the
probate system, estate taxes in some circumstances, income taxes for the
grantor, and the trustee can retain management of the trust property for
the beneficiaries if necessary.

                            ADDITIONAL FORMS

PWRATTNY.TXT -- has nothing to do with trusts.

The "Durable Power of Attorney" form is provided for anyone interested in
precluding the possibility of being kept alive artificially or against
their will if they are suffering from a disease, illness, or debilitating
brain damage.

This form may be used to designate a trusted person to serve as "attorney-
in-fact" solely for the purpose of making medical decisions if the
designator becomes incapable of making those decisions.

This form should ONLY BE USED after the designator has given careful
consideration to the possibility that they might become incapacitated and
could be kept alive by artificial means.


LVNGWILL.TXT -- has nothing to do with trusts.

The "Living Will" is a special form similar in nature to the Durable Power
of Attorney.

It may be used by anyone interested in precluding the possibility of being
kept alive artificially or against their will if they are suffering from a
disease, illness, or debilitating brain damage.

                             +----------+
                             |  NOTICE  |
                             +----------+

          Although the LIVING WILL and DURABLE POWER OF ATTORNEY
          seem to be very similar, they are, indeed, different.

          Because of the sometimes convoluted, confused, and
          baffling way the American court system works it is
          a VERY GOOD IDEA to have both a Living Will AND a
          Durable Power of Attorney in effect concurrently.

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