LIVING TRUST DISCLOSURE FORM B

The undersigned seller, _____________________________ (name of seller) has made several claims concerning the advantages of purchasing a living trust.
These claims include the following:

1) Litigation involving a living trust is less likely than it is with a will.

2) Funding a living trust will not unnecessarily expose one’s debt-exempt assets (such as insurance, jointly owned homes, etc.) to creditors.

3) A living trust cannot increase personal liability for a grantor, a successor trustee or a grantor’s beneficiaries.

4) Using a living trust will not result in an increase in the grantor’s income or estate tax liability or that of their successor trustee or beneficiaries.

5) In order to obtain the advantages of the right to disclaim, use the alternate valuation date and other beneficial elections, a grantor’s survivors will not have to delay the distribution of the grantor’s assets held in trust.

6) A living trust cannot be used to intentionally or unintentionally disinherit a spouse.

7) There are no tax traps associated with using living trusts.

8) All of a grantor’s assets should and can be transferred into a living trust.

9) The use of a living trust eliminates the need for obtaining a guardianship for a mentally incapacitated grantor or his assets.

10) [other]

 
This the _______ day of ______________, _________.

 

______________________________                 ______________________________
Selling Company                                                    Seller's Signature   

 

From Living Trust, Living Hell: Why You Should Avoid Living Trusts by John P. Huggard
Copyright 1998 by John P. Huggard. Reprinted by permission of publisher, Kendall/Hunt Publishing Company.