Revocable Living Trust

REVOCABLE LIVING TRUST AGREEMENT

(California — Governed by the California Probate Code)

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TABLE OF CONTENTS

Article I — Declaration and Establishment of Trust
Article II — Definitions
Article III — Trust Funding and Property Characterization
Article IV — Revocation, Amendment, and Termination
Article V — Distributions During Settlor's Lifetime
Article VI — Distributions Upon Settlor's Incapacity
Article VII — Distributions Upon Settlor's Death
Article VIII — Sub-Trust Provisions (Bypass, Marital, Survivor's Trust)
Article IX — Distributions for Minor and Incapacitated Beneficiaries
Article X — Special Needs Trust Provisions
Article XI — Powers of Appointment
Article XII — Trustee Provisions
Article XIII — Trustee Powers and Duties
Article XIV — Digital Assets
Article XV — Tax Provisions and Reporting
Article XVI — California Proposition 19 Compliance
Article XVII — Protective Provisions (Spendthrift, No-Contest, Perpetuities)
Article XVIII — Trust Protector
Article XIX — Trust Administration (Notification, Certification, Accountings)
Article XX — Risk Allocation and Indemnification
Article XXI — Dispute Resolution
Article XXII — General Provisions
Article XXIII — Execution

Schedule A — Initial Trust Property (Community and Separate Property)
Schedule B — Beneficiary Distribution Plan
Schedule C — Certification of Trust Form
Schedule D — Successor Trustee Acceptance Form

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ARTICLE I — DECLARATION AND ESTABLISHMENT OF TRUST

§ 1.01 Parties

This Revocable Living Trust Agreement ("Agreement") is made and entered into effective as of [____/____/________] (the "Effective Date") by and between:

(a) [SETTLOR FULL LEGAL NAME], an individual residing at [Address, City, County, CA ZIP] ("Settlor"); and

(b) [TRUSTEE FULL LEGAL NAME], [individual / California-licensed professional fiduciary / trust company], whose address is [Address] ("Trustee").

(a) [SETTLOR 1 FULL LEGAL NAME] ("First Settlor") and [SETTLOR 2 FULL LEGAL NAME] ("Second Settlor"), spouses, both residing at [Address, City, County, CA ZIP] (collectively, the "Settlors" and individually, a "Settlor"); and

(b) [TRUSTEE FULL LEGAL NAME(S)] ("Trustee").

§ 1.02 Name of Trust

The trust created hereunder shall be known as the "[Settlor Name(s)] Revocable Living Trust dated [Effective Date]" (the "Trust").

§ 1.03 Declaration

Settlor hereby declares and establishes this Trust pursuant to California Probate Code §§ 15200 et seq. All property listed on Schedule A, and any additional property subsequently transferred to Trustee in accordance with this Agreement, shall be held, managed, and distributed by Trustee in trust, subject to the terms herein.

§ 1.04 Governing Law and Situs

(a) This Trust is created under, and shall be governed by, the laws of the State of California applicable to trusts, including the California Probate Code, without regard to conflict-of-law principles.

(b) The principal place of administration and situs of the Trust shall be [County] County, California, unless changed pursuant to § 12.09.

§ 1.05 Trust Purpose

The purposes of this Trust are to: (a) provide for the management and investment of the Trust Estate during Settlor's lifetime and any period of Settlor's incapacity; (b) avoid the necessity, expense, and delay of probate proceedings; (c) provide for the orderly distribution of the Trust Estate upon Settlor's death; and (d) where applicable, preserve the community property character of assets transferred to the Trust.

§ 1.06 Companion Documents

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ARTICLE II — DEFINITIONS

For purposes of this Agreement, capitalized terms have the meanings set forth below. Terms defined in a singular form include the plural and vice versa as the context requires.

"Accounting Period" means each calendar year or shorter period ending upon the termination of the Trust, the death of a Settlor, or a change of Trustee.

"Beneficiary" or "Beneficiaries" means the persons or entities entitled to receive distributions of income or principal under Articles V through X.

"Bypass Trust" means the trust described in § 8.02, also known as a Credit Shelter Trust or Family Trust.

"Community Property" means all property acquired by either Settlor during marriage that constitutes community property under California Family Code §§ 760 et seq., together with all rents, issues, profits, and proceeds thereof, regardless of which Settlor's name appears on the title.

"Deceased Settlor" means the first Settlor to die in a joint trust.

"Descendants" means all biological and legally adopted children, grandchildren, and more remote lineal descendants.

"Digital Assets" means electronic records in which a person has a right or interest, as defined in California Probate Code § 870, including but not limited to email accounts, social media accounts, digital photographs and documents, cryptocurrency, digital financial accounts, domain names, and intellectual property stored electronically.

"Disabled" or "Incapacitated" has the meaning provided in § 6.01.

"Government Benefits" means Supplemental Security Income (SSI), Medi-Cal, and any other federal, state, or local means-tested public benefit program.

"HEMS Standard" means distributions limited to those reasonably necessary for a Beneficiary's health, education, maintenance, and support.

"Incumbent Trustee" means the person or entity then serving as Trustee.

"Marital Trust" means the trust described in § 8.03, also known as a QTIP Trust.

"Probate Court" means the Superior Court of California, [County] County, Probate Division, or any successor court having jurisdiction over trusts.

"Qualified Beneficiary" means each Beneficiary to whom or for whose benefit distributions of income or principal could currently be made, each Beneficiary to whom or for whose benefit such distributions could be made upon the termination of the interests of current distributees, and the Settlor of a revocable trust.

"Separate Property" means all property owned by a Settlor before marriage or acquired during marriage by gift, bequest, devise, or descent, together with all rents, issues, profits, and proceeds thereof.

"Successor Trustee" means any person or entity designated or appointed under § 12.04 to serve as Trustee when the office of Trustee is vacant.

"Surviving Settlor" means the Settlor who survives the Deceased Settlor in a joint trust.

"Survivor's Trust" means the trust described in § 8.04.

"Trust" means the revocable living trust created by this Agreement.

"Trust Estate" means all property transferred to, or otherwise held from time to time in, trust under this Agreement, together with all income, earnings, accretions, and replacements thereof.

"Trust Protector" means the person appointed under Article XVIII.

"Trustee" means the Initial Trustee and each Successor Trustee.

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ARTICLE III — TRUST FUNDING AND PROPERTY CHARACTERIZATION

§ 3.01 Initial Funding

Settlor hereby transfers, assigns, and delivers to Trustee the property described in Schedule A, receipt of which Trustee acknowledges. The Trust is established with an initial corpus of no less than [$10.00] in addition to any other property listed on Schedule A.

§ 3.02 Subsequent Transfers

(a) Settlor or any third party may at any time transfer additional property to the Trust by (i) written assignment, (ii) grant deed or quitclaim deed, (iii) beneficiary designation, (iv) testamentary transfer through a pour-over will, or (v) any other legally effective method.

(b) Title to California real property must be transferred by duly executed and acknowledged deed, recorded in the office of the County Recorder of the county where the property is situated.

(c) Any property transferred to Trustee after the Effective Date shall automatically become part of the Trust Estate upon acceptance by Trustee.

§ 3.03 Registration of Title

Trust assets shall be retitled in the name of the Trust as follows:

"[Settlor Name(s)], Trustee(s) of the [Settlor Name(s)] Revocable Living Trust dated [Effective Date]"

§ 3.04 Community Property Characterization

(a) Preservation of Character. All Community Property transferred to the Trust shall retain its character as Community Property notwithstanding its transfer, pursuant to California Family Code § 761. All Separate Property transferred to the Trust shall retain its character as Separate Property. The characterization of assets is set forth in Schedule A.

(b) Double Stepped-Up Basis. The Settlors intend that Community Property held in the Trust shall qualify for a full stepped-up basis in both halves upon the death of the first Settlor under Internal Revenue Code § 1014(b)(6).

(c) Commingled Property. If Community Property and Separate Property are commingled, the Trustee shall use reasonable efforts to trace the character of the commingled assets. In the absence of clear and convincing evidence of separate property character, commingled assets shall be presumed to be Community Property.

(d) Transmutation. No transfer of property to or from this Trust shall constitute a transmutation of the character of such property under California Family Code § 852 unless the transfer instrument expressly states that a change in character is intended.

(e) Spousal Consent. Each Settlor consents to the transfer of his or her interest in Community Property to this Trust and acknowledges that such transfer does not alter the community character of the property.

§ 3.05 Assignment of Personal Property

Settlor may execute a separate Assignment of Personal Property transferring tangible and intangible personal property to the Trust. Such assignment shall be incorporated herein by reference.

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ARTICLE IV — REVOCATION, AMENDMENT, AND TERMINATION

§ 4.01 Revocation or Amendment by Settlor

(a) Individual Trust. Settlor reserves the right to revoke or amend this Agreement, in whole or in part, at any time during Settlor's lifetime by delivering to Trustee a signed and dated written instrument, in accordance with California Probate Code § 15401.

(b) Joint Trust. During the joint lifetimes of the Settlors, either Settlor may revoke or amend this Agreement as to his or her share of the Community Property and as to his or her Separate Property. Revocation or amendment of provisions affecting the other Settlor's Separate Property requires both Settlors' written consent.

§ 4.02 Irrevocability Upon Death

(a) Upon the death of the Settlor (or the Deceased Settlor in a joint trust), the Trust, or the portion attributable to the Deceased Settlor, shall become irrevocable.

(b) In a joint trust, the Surviving Settlor may continue to revoke or amend the Survivor's Trust and the Marital Trust (if a QTIP election is not made), but may not revoke or amend the Bypass Trust.

§ 4.03 Termination

(a) The Trust shall terminate upon the final distribution of all Trust Estate assets in accordance with this Agreement.

(b) If the Trust Estate has a total value of less than $100,000, the Trustee may, in the Trustee's discretion and without court approval, terminate the Trust and distribute the assets to the then-current Beneficiaries, pursuant to California Probate Code § 15408.

§ 4.04 Partial Revocation

A partial revocation shall not affect the remainder of this Agreement, which shall continue in full force and effect.

§ 4.05 Method of Revocation

No revocation or amendment shall be effective until the written instrument is delivered to the Trustee during the Settlor's lifetime. A revocation or amendment by will is not effective. Oral revocation is not permitted.

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ARTICLE V — DISTRIBUTIONS DURING SETTLOR'S LIFETIME

§ 5.01 Income

During Settlor's lifetime and capacity, all net income of the Trust shall be distributed to, or applied for the benefit of, Settlor at least as frequently as quarterly, unless Settlor directs otherwise in writing.

§ 5.02 Principal

Trustee shall distribute such amounts of principal to Settlor as Settlor may request in writing, or as Trustee in its discretion deems advisable for Settlor's health, education, support, or maintenance.

§ 5.03 Tax Reimbursement

During Settlor's lifetime, the Trust is a "grantor trust" for federal and California income tax purposes. Trustee shall pay directly or reimburse Settlor for any income taxes attributable to Trust income. The Trust shall use Settlor's Social Security Number as its taxpayer identification number.

§ 5.04 No Other Beneficiaries During Settlor's Lifetime

No person other than Settlor shall have any vested right in the Trust Estate during Settlor's lifetime. The rights of all other Beneficiaries are contingent upon Settlor's death.

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ARTICLE VI — DISTRIBUTIONS UPON SETTLOR'S INCAPACITY

§ 6.01 Determination of Incapacity

Settlor shall be deemed Incapacitated upon the earliest of:

(a) Written certification by two (2) licensed physicians, at least one of whom is board-certified in the relevant specialty, that Settlor is unable to manage Settlor's financial affairs due to mental or physical impairment;

(b) A written determination by Settlor's primary care physician together with one additional licensed physician confirming incapacity;

(c) An order or judgment of a court of competent jurisdiction adjudicating Settlor as incapacitated or appointing a conservator of the estate; or

(d) Such other method as Settlor may specify in a separate written instrument delivered to Trustee.

§ 6.02 Distributions During Incapacity

During any period of Incapacity, the Successor Trustee shall distribute income and principal for the benefit of Settlor as the Trustee deems reasonably necessary for Settlor's health, support, maintenance, and comfort, taking into consideration:

(a) Settlor's accustomed standard of living;

(b) Other resources available to Settlor, including Social Security, pension, and insurance benefits;

(c) The desirability of maintaining Settlor in his or her home, if feasible;

(d) Tax consequences of distributions; and

(e) The advisability of maintaining adequate reserves for future needs.

§ 6.03 Distributions to Settlor's Dependents

During Settlor's Incapacity, Trustee may, in Trustee's discretion, distribute income or principal for the support and maintenance of Settlor's spouse and minor children to the extent Settlor was supporting such persons prior to the onset of Incapacity.

§ 6.04 Restoration of Capacity

If the certifying physicians (or court) later determine that Settlor has regained capacity, Settlor shall resume full authority over the Trust, and the provisions of Article V shall again apply.

§ 6.05 Coordination with Power of Attorney

The authority granted to the Trustee under this Article is in addition to, and not in lieu of, any authority granted to an agent under Settlor's Durable Power of Attorney for Financial Matters. In the event of a conflict between the terms of this Trust and the Durable Power of Attorney, the terms of this Trust shall control.

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ARTICLE VII — DISTRIBUTIONS UPON SETTLOR'S DEATH

§ 7.01 Initial Administrative Provisions

Upon the death of the Settlor (or the Deceased Settlor in a joint trust), Trustee shall:

(a) Obtain a federal Employer Identification Number (EIN) for any irrevocable trust or sub-trust that results from Settlor's death, using IRS Form SS-4;

(b) Serve the notification required by California Probate Code § 16061.7 upon each Beneficiary and each heir of the Deceased Settlor within sixty (60) days of Settlor's death (see Article XIX);

(c) Prepare an inventory and appraisal of the Trust Estate as of the date of death.

§ 7.02 Payment of Debts, Taxes, and Expenses

Trustee shall pay from the Trust Estate, to the extent of available assets:

(a) Settlor's legally enforceable debts;

(b) Funeral and burial expenses (or cremation expenses, as directed by Settlor);

(c) Expenses of last illness;

(d) Costs of Trust administration, including Trustee's fees, attorney's fees, accounting fees, and appraisal costs;

(e) All estate, inheritance, generation-skipping transfer, and similar death taxes, allocated as provided in § 15.05.

§ 7.03 Specific Distributions

After payment of debts, taxes, and expenses, Trustee shall distribute the following specific gifts:

(a) [Description of Item or Cash Amount] to [Beneficiary Name], if such Beneficiary survives Settlor;

(b) [Description] to [Beneficiary Name], if such Beneficiary survives Settlor;

(c) [Additional specific gifts as needed].

§ 7.04 Residuary Distribution

The balance of the Trust Estate (the "Residuary Estate") shall be distributed [in equal shares / as percentages] to the following Beneficiaries:

(i) [Beneficiary Name] — [____]%
(ii) [Beneficiary Name] — [____]%
(iii) [Beneficiary Name] — [____]%

§ 7.05 Contingent Beneficiaries and Anti-Lapse

(a) If any primary Beneficiary predeceases Settlor, that Beneficiary's share shall be distributed to such Beneficiary's then-living Descendants, by right of representation.

(b) If a predeceased Beneficiary has no living Descendants, such Beneficiary's share shall be redistributed proportionally among the remaining primary Beneficiaries (or their Descendants by right of representation).

(c) If all named Beneficiaries and their Descendants predecease Settlor, the entire Residuary Estate shall be distributed to [Ultimate Contingent Beneficiary or Charity Name].

§ 7.06 Simultaneous Death

If any Beneficiary dies simultaneously with Settlor, or within thirty (30) days after Settlor's death, such Beneficiary shall be deemed to have predeceased Settlor for purposes of this Agreement, and distributions shall be made accordingly.

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ARTICLE VIII — SUB-TRUST PROVISIONS (BYPASS, MARITAL, SURVIVOR'S TRUST)

§ 8.01 Division Upon Death of First Settlor

Upon the death of the Deceased Settlor, the Trustee shall divide the Trust Estate into the following shares:

(a) Deceased Settlor's Share: One-half (½) of the Community Property, plus all of the Deceased Settlor's Separate Property;

(b) Surviving Settlor's Share: One-half (½) of the Community Property, plus all of the Surviving Settlor's Separate Property.

§ 8.02 Bypass Trust (Credit Shelter Trust / Family Trust)

(a) Funding. The Trustee shall allocate to the Bypass Trust an amount equal to the Deceased Settlor's remaining applicable exclusion amount under Internal Revenue Code § 2010(c), reduced by the value of any other property passing to persons other than the Surviving Settlor that qualifies for the unified credit, but not to exceed the Deceased Settlor's Share. The Trustee may fund this trust with assets that are expected to appreciate, to maximize the benefit of excluding such appreciation from the Surviving Settlor's estate.

(b) Distributions. The Trustee shall distribute income and principal from the Bypass Trust to or for the benefit of the Surviving Settlor and the Descendants of the Settlors as Trustee deems advisable for their health, education, maintenance, and support (HEMS Standard). The Surviving Settlor's needs shall be the primary consideration.

(c) Termination. Upon the Surviving Settlor's death, the remaining assets of the Bypass Trust shall be distributed as provided in § 7.04, as if the Surviving Settlor were the Settlor for distribution purposes.

§ 8.03 Marital Trust (QTIP Trust)

(a) Funding. The balance of the Deceased Settlor's Share, after funding the Bypass Trust, shall be allocated to the Marital Trust.

(b) Mandatory Income. The Trustee shall distribute all net income of the Marital Trust to the Surviving Settlor, at least quarterly.

(c) Principal Distributions. The Trustee may distribute principal to the Surviving Settlor for health, education, maintenance, and support (HEMS Standard).

(d) QTIP Election. The personal representative of the Deceased Settlor's estate or the Trustee, as applicable, may elect to treat all or a portion of the Marital Trust as qualified terminable interest property under IRC § 2056(b)(7). A reverse QTIP election under IRC § 2652(a)(3) may be made to allocate the Deceased Settlor's GST exemption.

(e) Termination. Upon the Surviving Settlor's death, the remaining assets of the Marital Trust shall be distributed as provided in § 7.04.

§ 8.04 Survivor's Trust

(a) Funding. The Surviving Settlor's Share, as determined under § 8.01(b), shall be held in the Survivor's Trust.

(b) Revocability. The Survivor's Trust shall remain fully revocable by the Surviving Settlor during his or her lifetime. The Surviving Settlor may amend, revoke, or withdraw assets from the Survivor's Trust at any time.

(c) Distributions. During the Surviving Settlor's lifetime, the Survivor's Trust shall be administered for the Surviving Settlor's benefit as provided in Articles V and VI.

(d) Termination. Upon the Surviving Settlor's death, the remaining assets of the Survivor's Trust shall be distributed as provided in § 7.04.

§ 8.05 Disclaimer Trust (Alternative Planning)

(a) If the Surviving Settlor executes a qualified disclaimer under IRC § 2518 and California Probate Code § 275 within nine (9) months of the Deceased Settlor's death, the disclaimed assets shall be allocated to the Bypass Trust.

(b) Assets not disclaimed shall pass to the Survivor's Trust or Marital Trust, as applicable.

§ 8.06 Portability Election

The Trustee shall cooperate with the executor of the Deceased Settlor's estate in filing IRS Form 706 if necessary to elect portability of the Deceased Settlor's unused exclusion amount, even if no estate tax is otherwise due.

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ARTICLE IX — DISTRIBUTIONS FOR MINOR AND INCAPACITATED BENEFICIARIES

§ 9.01 Trust for Minor Beneficiaries

If any Beneficiary is under the age of [25 / 30 / 35] at the time of distribution, such Beneficiary's share shall not be distributed outright but shall instead be held in a separate sub-trust (a "Minor's Trust") administered as follows:

(a) Distributions During Minority (Under Age 18). The Trustee may distribute income and principal for the Beneficiary's health, education, maintenance, and support. Distributions shall be made to the Beneficiary's parent or legal guardian, or directly to third-party providers.

(b) Distributions Between Age 18 and Final Distribution Age. The Trustee may distribute income and principal for the Beneficiary's health, education, maintenance, and support, and may distribute directly to the Beneficiary.

(c) Staggered Distribution Schedule.

☐ OPTION A — Single Distribution: The entire remaining balance shall be distributed outright to the Beneficiary upon attaining age [____].

☐ OPTION B — Staggered Distributions:

• One-third (⅓) of the trust principal upon attaining age [25];
• One-half (½) of the remaining trust principal upon attaining age [30];
• The entire remaining balance upon attaining age [35].

☐ OPTION C — Fully Discretionary: The Trustee shall hold the trust assets and make discretionary HEMS distributions until the Beneficiary attains age [____], at which time the entire remaining balance shall be distributed outright.

§ 9.02 Custodianship Alternative (California Uniform Transfers to Minors Act)

As an alternative to a Minor's Trust, for any bequest to a minor Beneficiary with a value of [$____] or less, the Trustee may distribute such Beneficiary's share to a custodian under the California Uniform Transfers to Minors Act, to be held until the Beneficiary attains age [21 / 25].

§ 9.03 Incapacitated Adult Beneficiaries

If any adult Beneficiary is, in the Trustee's reasonable judgment, unable to manage property due to mental or physical impairment (other than a Beneficiary with a disability addressed in Article X), the Trustee may withhold such Beneficiary's share and administer it as a continuing trust with discretionary HEMS distributions until the Beneficiary regains capacity.

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ARTICLE X — SPECIAL NEEDS TRUST PROVISIONS

§ 10.01 Activation

If any Beneficiary is receiving, or in the Trustee's reasonable judgment may in the future receive, Government Benefits at the time a distribution would otherwise be made to such Beneficiary under this Agreement, such Beneficiary's share shall be held in a separate Special Needs Trust administered under this Article.

§ 10.02 Supplemental Nature of Distributions

(a) The Special Needs Trust is intended to supplement, and not supplant, Government Benefits available to the Beneficiary.

(b) The Trustee shall have sole and absolute discretion over distributions from the Special Needs Trust. No Beneficiary shall have the right to compel any distribution.

(c) The Trustee shall NOT make distributions for food or shelter to the extent that such distributions would reduce or eliminate the Beneficiary's eligibility for Government Benefits, unless the Trustee determines that the benefit of the distribution outweighs the reduction in Government Benefits.

§ 10.03 Permissible Distributions

The Trustee may distribute income and principal for the Beneficiary's supplemental needs, including but not limited to:

(a) Education, training, and vocational rehabilitation;
(b) Medical, dental, and therapeutic care not covered by Government Benefits;
(c) Personal care attendants and companions;
(d) Transportation, including vehicle purchase and maintenance;
(e) Recreation, entertainment, and travel;
(f) Technology, adaptive equipment, and home modifications;
(g) Legal, accounting, and advocacy services.

§ 10.04 Direct Payment to Third Parties

Distributions from the Special Needs Trust shall be made directly to third-party service providers whenever possible, and NOT directly to the Beneficiary.

§ 10.05 Trustee's Duty to Investigate Benefits

The Trustee shall make reasonable efforts to investigate and understand the Government Benefits programs available to the Beneficiary and to ensure that distributions do not adversely affect eligibility.

§ 10.06 Termination and Remainder

Upon the death of the Special Needs Beneficiary, the remaining assets of the Special Needs Trust shall be distributed to the Beneficiary's Descendants, by right of representation, or if none, as provided in § 7.05.

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ARTICLE XI — POWERS OF APPOINTMENT

§ 11.01 Settlor's Retained Power

During Settlor's lifetime, Settlor retains a general power to appoint all or any part of the Trust Estate to any person, including Settlor's estate, by a written instrument delivered to the Trustee or by specific reference in Settlor's will, pursuant to California Probate Code §§ 610–632.

§ 11.02 Limited Power of Appointment — Surviving Settlor (Joint Trust)

The Surviving Settlor shall have a limited testamentary power of appointment over the assets of the Bypass Trust, exercisable only in favor of the Descendants of the Settlors and such charitable organizations as the Surviving Settlor may designate. This power shall be exercised, if at all, by a specific reference to this Trust in the Surviving Settlor's will.

§ 11.03 Limited Power of Appointment — Beneficiaries of Sub-Trusts

Each Beneficiary of a continuing sub-trust under this Agreement shall have a limited testamentary power of appointment over the assets remaining in such Beneficiary's sub-trust, exercisable only in favor of Settlor's Descendants and charitable organizations, by specific reference to this Trust in such Beneficiary's will.

§ 11.04 Default in Absence of Exercise

If any power of appointment granted hereunder is not exercised, the property subject to such power shall be distributed as otherwise provided in this Agreement.

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ARTICLE XII — TRUSTEE PROVISIONS

§ 12.01 Initial Trustee

[Initial Trustee Name(s)] shall serve as [Trustee / Co-Trustees].

§ 12.02 Co-Trustee Provisions

(a) If co-trustees are serving, decisions shall be made by majority vote.

(b) Any co-trustee may act unilaterally to preserve Trust assets in an emergency.

(c) Each co-trustee shall have the right to delegate ministerial functions to any other co-trustee.

§ 12.03 Resignation

A Trustee may resign by delivering written notice to Settlor (if living and not Incapacitated), all adult Qualified Beneficiaries, and any co-trustee, at least thirty (30) days prior to the effective date of resignation.

§ 12.04 Successor Trustees

(a) Designated Successors. Upon the resignation, incapacity, removal, or death of the Incumbent Trustee, the following persons shall serve, in the order listed, as Successor Trustees:

First: [SUCCESSOR TRUSTEE #1 NAME AND ADDRESS]
Second: [SUCCESSOR TRUSTEE #2 NAME AND ADDRESS]
Third: [CORPORATE TRUSTEE / PROFESSIONAL FIDUCIARY NAME]

(b) Default Appointment. If no designated Successor Trustee is willing and able to serve, a majority of the adult Qualified Beneficiaries may appoint a qualified successor. Failing such appointment, any interested person may petition the Probate Court for appointment of a Successor Trustee.

(c) Acceptance. Each Successor Trustee shall accept trusteeship by executing the acceptance form attached as Schedule D and shall be vested with all powers and duties hereunder upon such acceptance without need for court approval, pursuant to California Probate Code § 15660.

§ 12.05 Removal

(a) Settlor (if living and not Incapacitated) may remove any Trustee at any time by written notice delivered to such Trustee.

(b) After Settlor's death or Incapacity, a majority in interest of the adult Qualified Beneficiaries may remove a Trustee for cause by written notice and appointment of an eligible Successor Trustee.

(c) Any interested person may petition the Probate Court for removal of a Trustee for cause under California Probate Code § 15642.

§ 12.06 Compensation

(a) Individual Trustee. An individual Trustee shall be entitled to reasonable compensation as determined under California Probate Code § 15681, unless otherwise specified by Settlor in a separate written instrument.

(b) Corporate / Professional Trustee. A corporate trustee or licensed professional fiduciary shall be entitled to compensation in accordance with its published fee schedule in effect at the time services are rendered, as accepted by Settlor or approved by the Probate Court.

(c) Extraordinary Services. The Trustee shall be entitled to additional reasonable compensation for extraordinary services, including but not limited to litigation, real property sales, business operations, and tax controversy matters.

(d) Reimbursement. The Trustee shall be reimbursed from Trust assets for all reasonable out-of-pocket expenses properly incurred in administering the Trust.

§ 12.07 Bond

No Trustee shall be required to furnish bond or other security unless requested by a court of competent jurisdiction for good cause shown under California Probate Code § 15602.

§ 12.08 Transition of Trusteeship

Upon any change of Trustee, the outgoing Trustee shall deliver to the successor a complete accounting of the Trust Estate, all Trust property, and all records within thirty (30) days.

§ 12.09 Change of Situs

The Trustee may, for tax or administrative reasons, transfer the situs and governing law of the Trust to another jurisdiction, provided that: (a) such transfer does not materially impair Beneficiary interests; (b) written notice is given to all Qualified Beneficiaries at least sixty (60) days prior to the effective date; and (c) the laws of the new jurisdiction are substantially similar to California trust law.

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ARTICLE XIII — TRUSTEE POWERS AND DUTIES

§ 13.01 General Powers

Subject to the fiduciary duties imposed by California law, the Trustee shall have all powers conferred on trustees by California Probate Code §§ 16220–16249 and any additional powers reasonably necessary to administer the Trust Estate, including but not limited to the power to:

(a) Invest and reinvest assets in any kind of property, applying the prudent investor standard under California Probate Code §§ 16045–16054;

(b) Buy, sell, exchange, option, lease, or otherwise dispose of real or personal property;

(c) Operate, manage, or participate in any business entity, whether as sole proprietor, partner, member, or shareholder;

(d) Borrow money and encumber Trust assets as security;

(e) Lend money to any person, including a Beneficiary, on commercially reasonable terms;

(f) Employ and reasonably compensate attorneys, accountants, investment advisors, real estate agents, and other professionals;

(g) Delegate investment and management functions to qualified agents under California Probate Code § 16052;

(h) Allocate receipts and disbursements between income and principal pursuant to the Uniform Fiduciary Income and Principal Act (Cal. Prob. Code §§ 19000 et seq.);

(i) Make distributions in cash or in kind, pro rata or non-pro rata, without requiring equality of value;

(j) Execute deeds, contracts, notes, mortgages, and all other instruments necessary to carry out these powers;

(k) Compromise, settle, or abandon claims;

(l) Initiate or defend litigation on behalf of the Trust;

(m) Vote securities and exercise stock options, conversion rights, or subscription rights;

(n) Hold property in the name of a nominee;

(o) Establish reserves for anticipated expenses, taxes, or liabilities;

(p) Merge separate trusts having substantially identical terms;

(q) Divide any trust into two or more separate trusts if advantageous for tax or administrative purposes.

§ 13.02 Duty of Care and Loyalty

(a) The Trustee shall administer the Trust solely in the interest of the Beneficiaries, exercising reasonable care, skill, and caution, as required by California Probate Code §§ 16000–16015.

(b) The Trustee shall not engage in self-dealing or transactions that create a conflict of interest without prior written consent of the Settlor (if living) or court approval.

§ 13.03 Duty to Segregate

The Trustee shall keep Trust property separate from the Trustee's personal property and shall not commingle Trust funds with any other funds.

§ 13.04 Real Property Management

The Trustee shall have full power to manage California real property held in the Trust, including the power to maintain, repair, improve, demolish, subdivide, rezone, and develop such property, and to execute leases for any term, including terms extending beyond the duration of the Trust.

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ARTICLE XIV — DIGITAL ASSETS

§ 14.01 Authority Over Digital Assets

(a) Settlor grants the Trustee full authority to access, manage, control, copy, delete, and transfer all Digital Assets belonging to or associated with Settlor, to the fullest extent permitted by California Probate Code §§ 870–884.

(b) This authorization constitutes Settlor's lawful consent and direction under RUFADAA and shall override any contrary terms of service or user agreement with a custodian of Digital Assets.

§ 14.02 Specific Digital Asset Powers

The Trustee shall have the power to:

(a) Access and manage email accounts, social media accounts, and cloud storage services;

(b) Access, transfer, exchange, sell, or otherwise manage cryptocurrency, digital tokens, and blockchain-based assets, including obtaining and using private keys, seed phrases, and wallet credentials;

(c) Access, manage, and close online financial accounts, payment platforms, and digital banking services;

(d) Download, copy, and preserve digital photographs, videos, documents, and other files;

(e) Manage domain names, websites, blogs, and intellectual property stored digitally;

(f) Close, memorialize, or delete accounts as appropriate;

(g) Access and manage digital loyalty programs, rewards accounts, and digital subscriptions.

§ 14.03 Digital Asset Inventory

Settlor shall endeavor to maintain a current inventory of Digital Assets and provide the Trustee with access instructions. The Trustee shall not be liable for failure to access Digital Assets if Settlor has not provided adequate access information.

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ARTICLE XV — TAX PROVISIONS AND REPORTING

§ 15.01 Grantor Trust Status

During the lifetime of Settlor, the Trust shall be treated as a "grantor trust" under Internal Revenue Code §§ 671–679. All items of income, deduction, and credit shall be reported on Settlor's individual income tax return. The Trust shall use Settlor's Social Security Number as its taxpayer identification number.

§ 15.02 Transition Upon Death

Upon Settlor's death, the Trustee shall:

(a) Obtain a separate Employer Identification Number (EIN) for each irrevocable trust or sub-trust that results from Settlor's death;

(b) File all required federal and California fiduciary income tax returns (IRS Form 1041, California Form 541);

(c) Make any available tax elections in the Trustee's discretion, including but not limited to elections under IRC §§ 643(e), 663(b), 2032, 2032A, 2056(b)(7), and 2652(a)(3).

§ 15.03 S-Corporation Stock

If the Trust Estate includes stock in an S corporation, the Trustee is authorized and directed to make any election necessary to maintain the corporation's S-election, including QSST or ESBT elections under IRC §§ 1361(d) and 1361(e).

§ 15.04 Retirement Accounts

The Trustee shall coordinate with Settlor's retirement plan administrators to ensure that beneficiary designations are consistent with the estate plan. The Trustee is authorized to disclaim any retirement account benefit if doing so would produce a more favorable tax result.

§ 15.05 Tax Apportionment

(a) All federal and state estate, inheritance, and generation-skipping transfer taxes attributable to the Trust Estate shall be apportioned among the Beneficiaries in proportion to the value of the property received by each Beneficiary, unless otherwise directed by Settlor.

(b) Property qualifying for the marital deduction or charitable deduction shall NOT bear any portion of such taxes.

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ARTICLE XVI — CALIFORNIA PROPOSITION 19 COMPLIANCE

§ 16.01 Statement of Intent

It is Settlor's intent that, to the maximum extent permitted by law, California real property transferred to Beneficiaries through this Trust shall qualify for any available exclusion from property tax reassessment, including the parent-child transfer exclusion under California Revenue and Taxation Code § 63.2, as amended by Proposition 19.

§ 16.02 Trustee Instructions

Upon Settlor's death, the Trustee shall:

(a) Identify each parcel of California real property held in the Trust;

(b) Determine whether any Beneficiary intends to use any such property as his or her primary residence;

(c) Advise each Beneficiary eligible to receive real property of the requirement to: (i) occupy the property as his or her primary residence within one (1) year of the transfer; (ii) file a homeowners' or disabled veterans' exemption within one (1) year of the transfer; and (iii) file a Claim for Reassessment Exclusion (BOE-19-P) with the County Assessor within three (3) years of the transfer or before transferring the property to a third party, whichever is earlier;

(d) If multiple Beneficiaries are entitled to receive real property, consider whether allocating a primary residence to a single Beneficiary who intends to occupy it (with equalizing distributions of other assets to other Beneficiaries) would better preserve the property tax exclusion;

(e) Notify Beneficiaries that the parent-child exclusion does NOT apply to non-primary residence real property (other than qualifying family farms) transferred on or after February 16, 2021, and that such property will be reassessed to current fair market value.

§ 16.03 Trustee's Authority to Allocate Real Property

The Trustee is authorized, in the Trustee's discretion, to make non-pro rata distributions of real property to Beneficiaries who intend to qualify for the Proposition 19 parent-child exclusion, provided that the Trustee equalizes the total value of distributions among Beneficiaries through compensating distributions of other assets.

§ 16.04 Exoneration

The Trustee shall not be liable for any increase in property taxes resulting from a Beneficiary's failure to timely file required claims or to occupy property as a primary residence.

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ARTICLE XVII — PROTECTIVE PROVISIONS

§ 17.01 Spendthrift Provision

(a) Except as required by California law, no Beneficiary may voluntarily or involuntarily assign, anticipate, encumber, or otherwise transfer his or her interest in the Trust prior to actual receipt. All interests in the Trust are subject to a spendthrift restriction under California Probate Code § 15300.

(b) Statutory Exceptions. Settlor and the Beneficiaries acknowledge that the following exceptions to the spendthrift provision are mandated by California law:

(i) A Settlor may not create a spendthrift trust for his or her own benefit (Prob. Code § 15304);

(ii) Judgments for child support and spousal support may be enforced against a Beneficiary's trust interest (Prob. Code § 15305);

(iii) Restitution judgments in criminal proceedings may be enforced against a Beneficiary's trust interest (Prob. Code § 15305.5);

(iv) Claims by state or local public entities for public support may be enforced against a Beneficiary's trust interest (Prob. Code § 15306);

(v) Judgment creditors may reach up to twenty-five percent (25%) of distributions otherwise payable to a Beneficiary (Prob. Code § 15306.5);

(vi) Amounts in excess of what is necessary for a Beneficiary's education and support may be subject to the claims of judgment creditors (Prob. Code § 15307).

§ 17.02 No-Contest Clause (In Terrorem)

(a) If any Beneficiary, directly or indirectly, initiates or participates in a direct contest (as defined in Probate Code § 21310(b)) of this Trust or any provision hereof without probable cause (as defined in Probate Code § 21311(b)), such Beneficiary shall be deemed to have predeceased Settlor for all purposes of this Trust, and his or her interest shall be forfeited and distributed as if such Beneficiary had predeceased Settlor without Descendants.

(b) This no-contest clause shall apply to: (i) any direct contest of this Trust; (ii) any challenge to a transfer of property on the ground that the property did not belong to the Settlor at the time of transfer; and (iii) the filing or prosecution of a creditor's claim against the Trust Estate.

(c) Safe Harbor. This clause shall NOT apply to any contest brought with probable cause, as determined by the Probate Court. A Beneficiary may seek a determination of probable cause before filing a contest without triggering this clause.

§ 17.03 Perpetuities Savings Clause

(a) Notwithstanding any other provision of this Agreement, every trust created hereunder that has not previously terminated shall terminate no later than twenty-one (21) years after the death of the last surviving Beneficiary who was alive and named or identifiable in this Agreement on the Effective Date (the "Perpetuities Measuring Life"), in accordance with California Probate Code § 21205.

(b) In no event shall any trust created hereunder continue beyond ninety (90) years after its creation.

(c) Upon termination under this section, the Trustee shall distribute the remaining trust assets to the then-current income Beneficiaries in the proportions in which they were entitled to receive income, or equally if no proportions are specified.

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ARTICLE XVIII — TRUST PROTECTOR

§ 18.01 Appointment

Settlor appoints [TRUST PROTECTOR NAME] as Trust Protector. If the Trust Protector is unable or unwilling to serve, [SUCCESSOR TRUST PROTECTOR NAME] shall serve.

§ 18.02 Powers of Trust Protector

The Trust Protector shall have the following powers, exercisable in a fiduciary capacity under California Probate Code §§ 16600–16632:

(a) Remove and replace the Trustee with a qualified successor;

(b) Modify administrative provisions of the Trust (but not dispositive provisions) to respond to changes in tax law, trust law, or Beneficiary circumstances;

(c) Add or modify provisions to preserve a Beneficiary's eligibility for Government Benefits;

(d) Change the situs and governing law of the Trust;

(e) Terminate an uneconomical trust and direct outright distribution to the Beneficiaries;

(f) Convert a trust from a unitrust to an income trust, or vice versa, under the Uniform Fiduciary Income and Principal Act.

§ 18.03 Limitations

The Trust Protector may NOT:

(a) Modify the beneficial interests or dispositive provisions of the Trust in a manner inconsistent with Settlor's intent;

(b) Exercise any power for his or her own benefit;

(c) Add any new Beneficiary who is not a Descendant of Settlor or a charitable organization.

§ 18.04 Compensation

The Trust Protector shall be entitled to reasonable compensation paid from the Trust Estate for services rendered.

§ 18.05 Liability

The Trust Protector shall not be liable for any act or omission except in cases of willful misconduct or gross negligence, and shall be indemnified from the Trust Estate to the same extent as the Trustee under Article XX.

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ARTICLE XIX — TRUST ADMINISTRATION

§ 19.01 Notification Upon Irrevocability (Probate Code § 16061.7)

(a) Within sixty (60) days of the event causing the Trust (or any portion thereof) to become irrevocable (typically the death of a Settlor), the Trustee shall serve written notification upon:

(i) Each Beneficiary of the irrevocable trust or irrevocable portion of the trust; and

(ii) Each heir of the Deceased Settlor who would be entitled to inherit under California's intestate succession laws.

(b) The notification shall include all information required by California Probate Code § 16061.7, including the following statement: "You may not bring an action to contest the trust more than 120 days from the date this notification by the trustee is served upon you or 60 days from the date on which a copy of the terms of the trust is delivered to you during that 120-day period, whichever is later."

(c) Failure to provide timely notification may expose the Trustee to liability for damages, attorney's fees, and costs under California Probate Code § 16061.9.

§ 19.02 Virtual Representation (Probate Code § 15804 — AB-565)

To the extent permitted by California Probate Code § 15804, a Qualified Beneficiary may represent and bind another Beneficiary who has a substantially similar interest, for purposes of any notice, consent, or proceeding under this Trust, provided that there is no material conflict of interest between the representative and the Beneficiary being represented.

§ 19.03 Accountings

(a) During Settlor's Lifetime. The Trustee shall provide annual written accountings to the Settlor.

(b) After Settlor's Death. The Trustee shall provide annual written accountings to each adult Qualified Beneficiary, showing all receipts, disbursements, distributions, assets on hand, and investment performance. The Trustee shall also provide accountings to the Probate Court upon request under California Probate Code § 16062.

(c) Waiver. A Beneficiary may waive the right to receive accountings by written instrument delivered to the Trustee, but such waiver may be revoked at any time.

§ 19.04 Certification of Trust (Probate Code § 18100.5)

(a) The Trustee may present a Certification of Trust in substantially the form attached as Schedule C to any third party (including banks, title companies, brokerage firms, and transfer agents) in lieu of providing a copy of the full Trust instrument, in accordance with California Probate Code § 18100.5.

(b) A third party who acts in reliance upon a Certification of Trust without actual knowledge that the representations contained therein are incorrect shall be fully protected and shall not be liable to any person for so acting.

(c) Any third party who demands the full Trust document after receiving a proper Certification of Trust may be liable for damages and attorney's fees if the Probate Court determines that such demand was made in bad faith.

§ 19.05 Pet Trust Provisions (Probate Code § 15212)

(a) Settlor directs that the Trustee set aside $[____] for the care of Settlor's [pet type and name(s)]. These funds shall be held and administered as a separate trust for a lawful noncharitable purpose under California Probate Code § 15212.

(b) [Pet Caretaker Name] shall serve as the caretaker of Settlor's pets. If such person is unable or unwilling to serve, [Alternate Caretaker Name] shall serve.

(c) The Trustee shall distribute funds from the pet trust to the caretaker for the animals' food, veterinary care, grooming, and general welfare.

(d) The pet trust shall terminate upon the death of the last surviving animal that was alive on the date of Settlor's death. Any remaining funds shall be distributed to [Caretaker / Beneficiaries / Animal Charity].

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ARTICLE XX — RISK ALLOCATION AND INDEMNIFICATION

§ 20.01 Indemnification of Trustee

To the fullest extent permitted by California law, the Trustee and the Trustee's agents shall be indemnified and held harmless out of the Trust Estate against any and all claims, liabilities, losses, and expenses (including reasonable attorney's fees) incurred by reason of any act or omission within the scope of the Trustee's authority, except to the extent arising from the Trustee's willful misconduct, gross negligence, or bad faith. This indemnity shall survive the Trustee's resignation, removal, or replacement.

§ 20.02 Limitation of Liability

(a) The Trustee shall not be personally liable for any obligation or liability arising from ownership or control of Trust property.

(b) Any liability of the Trustee shall be satisfied solely from the Trust Estate and not from the Trustee's separate assets, except in cases of willful misconduct or gross negligence.

§ 20.03 Exculpation

The Trustee shall not be liable for:

(a) Any loss resulting from the exercise of reasonable judgment, even if such judgment later proves incorrect;

(b) Depreciation in the value of Trust assets resulting from market conditions or other factors beyond the Trustee's control;

(c) Actions taken in reasonable reliance upon the advice of legal counsel, accountants, or other qualified professionals;

(d) Actions taken or omitted in good faith reliance upon any court order, judgment, or administrative ruling.

§ 20.04 Insurance

The Trustee may purchase fiduciary liability insurance, the premiums for which shall be paid from the Trust Estate and treated as an administrative expense.

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ARTICLE XXI — DISPUTE RESOLUTION

§ 21.01 Forum Selection

Subject to § 21.02, exclusive jurisdiction and venue for any proceeding concerning this Trust shall lie with the Probate Court.

§ 21.02 Optional Arbitration

☐ OPTION A — Arbitration Available. Notwithstanding § 21.01, any party may elect binding arbitration administered by [JAMS / AAA / Other Provider] under its rules then in effect, provided that: (a) the election is made in writing within thirty (30) days after service of a petition or complaint; (b) the arbitration shall take place in [County], California; (c) the arbitrator(s) shall have authority to grant all remedies available at law or in equity; and (d) judgment on the award may be entered in any court of competent jurisdiction.

☐ OPTION B — No Arbitration. This section intentionally omitted. All disputes shall be resolved by the Probate Court.

§ 21.03 Mediation

Before initiating any court proceeding or arbitration, the parties are encouraged (but not required) to participate in mediation conducted by a qualified mediator in [County], California. The cost of mediation shall be borne equally by the parties or as the mediator directs.

§ 21.04 Jury Waiver

No jury trial waiver is included, consistent with California Probate Court practice, where proceedings are heard by the court without a jury.

§ 21.05 Injunctive Relief

Nothing herein shall prevent any party from seeking temporary restraining orders, preliminary injunctions, or other emergency relief from the Probate Court to prevent irreparable harm to the Trust Estate.

§ 21.06 Attorney's Fees

In any action to enforce or interpret this Trust, the Probate Court may award reasonable attorney's fees and costs to the prevailing party, to be paid from the Trust Estate or from the non-prevailing party's interest, as the court determines.

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ARTICLE XXII — GENERAL PROVISIONS

§ 22.01 Severability

If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to effectuate Settlor's intent.

§ 22.02 Entire Agreement

This Agreement, together with all Schedules and exhibits attached hereto, constitutes the entire understanding among the parties concerning the Trust and supersedes all prior agreements, whether written or oral, relating thereto.

§ 22.03 Notices

All notices required or permitted under this Agreement shall be in writing and delivered by personal service, certified mail (return receipt requested), or nationally recognized overnight courier to the addresses set forth herein or to such other address as a party may designate in writing.

§ 22.04 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original. Signatures delivered by facsimile, PDF, or electronic signature platform complying with California Civil Code §§ 1633.1 et seq. (Uniform Electronic Transactions Act) shall be deemed valid and binding.

§ 22.05 Headings

Section and article headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

§ 22.06 Construction

(a) This Agreement shall be construed to effectuate Settlor's intent as expressed herein.

(b) References to the Internal Revenue Code, the California Probate Code, and other statutes include any successor provisions.

(c) Words of one gender include the other genders; singular includes plural and vice versa.

§ 22.07 No Third-Party Beneficiaries

Except for the Beneficiaries named herein, this Agreement does not create any rights in any third party.

§ 22.08 Integration with Pour-Over Will

Any property passing to the Trust under Settlor's pour-over will shall be administered and distributed as part of the Trust Estate under the terms of this Agreement as in effect at the date of Settlor's death.

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ARTICLE XXIII — EXECUTION

IN WITNESS WHEREOF, Settlor and Trustee have executed this Revocable Living Trust Agreement as of the Effective Date.

_______________________________	_______________________________
[SETTLOR LEGAL NAME]	[TRUSTEE LEGAL NAME]
Settlor	Trustee

[If Settlor and Trustee are the same individual, execute once in each capacity.]

_______________________________	_______________________________
[SETTLOR 1 LEGAL NAME]	[SETTLOR 2 LEGAL NAME]
First Settlor and Co-Trustee	Second Settlor and Co-Trustee

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NOTARY ACKNOWLEDGMENT — CALIFORNIA

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California

County of [________________]

On [Date], before me, [Name of Notary], a Notary Public, personally appeared [Name(s) of Signer(s)], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _______________________________
(Seal)

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SCHEDULE A — INITIAL TRUST PROPERTY

No.	Asset Description	Title/Account No.	CP or SP	Approx. Value
1	Real property: [Address, City, CA] (APN: [____])	Grant Deed dated [____]	☐ CP ☐ SP	$[________]
2	Checking account: [Bank Name]	Acct. #[____]	☐ CP ☐ SP	$[________]
3	Savings account: [Bank Name]	Acct. #[____]	☐ CP ☐ SP	$[________]
4	Brokerage account: [Firm Name]	Acct. #[____]	☐ CP ☐ SP	$[________]
5	Life insurance policy: [Insurer]	Policy #[____]	☐ CP ☐ SP	$[________]
6	[Additional assets]	[____]	☐ CP ☐ SP	$[________]
7	Cash (initial corpus)	—	—	$10.00

Total Approximate Value: $[________________]

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SCHEDULE B — BENEFICIARY DISTRIBUTION PLAN

Part 1: Specific Gifts

No.	Beneficiary	Relationship	Gift Description
1	[Name]	[Relationship]	[Description / Dollar Amount]
2	[Name]	[Relationship]	[Description / Dollar Amount]

Part 2: Residuary Distribution

No.	Beneficiary	Relationship	Percentage
1	[Name]	[Relationship]	[____]%
2	[Name]	[Relationship]	[____]%
3	[Name]	[Relationship]	[____]%
	Total		100%

Part 3: Contingent Beneficiaries

If all primary Beneficiaries and their Descendants predecease Settlor, the Residuary Estate shall be distributed to:

[Name of Ultimate Contingent Beneficiary or Charity]

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SCHEDULE C — CERTIFICATION OF TRUST FORM

CERTIFICATION OF TRUST

(California Probate Code § 18100.5)

The undersigned Trustee(s) hereby certify as follows:

1. Trust Name: [Settlor Name(s)] Revocable Living Trust dated [Effective Date]

2. Date of Execution: [Effective Date]

3. Settlor(s): [Settlor Name(s)]

4. Currently Acting Trustee(s): [Trustee Name(s) and Address(es)]

5. Revocability: This Trust is ☐ Revocable ☐ Irrevocable.

6. Person(s) Holding Power to Revoke: [Name(s)]

7. Taxpayer Identification Number: [SSN or EIN]

8. Signature Authority: ☐ All Trustees must sign ☐ Any one Trustee may sign

9. Trustee Powers: The Trustee(s) have the powers set forth in the Trust instrument, including the power to [buy, sell, encumber, and manage real and personal property; open and manage bank and brokerage accounts; execute all necessary documents].

10. Representation: The Trust has not been revoked, modified, or amended in any manner that would cause the representations contained herein to be incorrect.

This Certification is executed under penalty of perjury under the laws of the State of California.

Date: [________________]

Signature: _______________________________
[Trustee Name], Trustee

[NOTARY ACKNOWLEDGMENT — Same form as Article XXIII]

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SCHEDULE D — SUCCESSOR TRUSTEE ACCEPTANCE FORM

ACCEPTANCE OF TRUSTEESHIP

The undersigned hereby accepts appointment as Successor Trustee under the [Settlor Name(s)] Revocable Living Trust dated [Effective Date] and agrees to administer the Trust in accordance with its terms and applicable law.

The undersigned acknowledges receipt of a complete copy of the Trust instrument, as amended, and understands the fiduciary duties and obligations imposed by the Trust and by California law.

Date: [________________]

Signature: _______________________________
[Successor Trustee Name]
Address: [________________]
Phone: [________________]

[NOTARY ACKNOWLEDGMENT — optional but recommended]

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SOURCES AND REFERENCES

• California Probate Code, Division 9 — Trust Law (§§ 15000–19403)
• California Probate Code, Division 2, Part 20 — Revised Uniform Fiduciary Access to Digital Assets Act (§§ 870–884)
• California Probate Code, Division 11, Part 3 — No-Contest Clauses (§§ 21310–21315)
• California Probate Code, Division 11, Part 2 — Statutory Rule Against Perpetuities (§ 21205)
• California Family Code §§ 760–761 (Community Property)
• California Civil Code § 1189 (Notary Acknowledgment Form)
• California Revenue & Taxation Code § 63.2 (Proposition 19 — Parent-Child Exclusion)
• Internal Revenue Code §§ 671–679 (Grantor Trust Rules)
• Internal Revenue Code §§ 2010, 2056, 2518, 2652 (Estate and Gift Tax)
• California Board of Equalization — Proposition 19 Fact Sheet (BOE Publication 801)
• AB-565 (2025) — Virtual Representation (Cal. Prob. Code § 15804)
• SB-801 (2023) — California Uniform Directed Trust Act (Cal. Prob. Code §§ 16600–16632)
• SB-1458 (2024) — RUFADAA Expansion

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