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- .TX1 ** RESIDUARY ESTATE TO MARITAL DEDUCTION AND BYPASS TRUSTS *
- {>ARTICLE_HEADING}
-
- If my {SPOUSE_HUSBAND/WIFE} survives me, all the rest residue and
- remainder of the property which I may own at the time of my death,
- real, personal and mixed, tangible and intangible, of whatsoever
- nature and wheresoever situated, including all property which I
- may acquire or become entitled to after the execution of this
- will, including all lapsed legacies and devises made by this will
- which fail for any reason (but excluding property over which I may
- have any power of appointment), shall be divided into two (2)
- parts and disposed of as follows:
-
- (1) Marital Fund. This first part shall be known as the Marital
- Fund and shall be administered as the Marital Trust in accordance
- with the provisions of this Will. The following assets shall be
- allocated to the Marital Fund:
-
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- (A) Any properties which are made payable to or transferred
- to the Marital Trust by me or others by specific reference
- in a will or other written document.
-
- (B) Property equal in value to the Marital Deduction Bequest,
- including my interest in the proceeds of any life insurance or
- employee benefit plans includable in my gross estate for
- federal estate tax purposes, which is hereby defined as an
- amount of property equal in value to the excess of:
-
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- (i) the unlimited federal estate tax marital deduction
- available to my estate minus the value for federal estate
- tax purposes of all items in my gross estate which qualify
- for the marital deduction and which pass or have passed to
- my {SPOUSE_HUSBAND/WIFE} otherwise than under this gift,
- over
-
- (ii) the amount, if any, needed to increase my taxable
- estate to the largest amount that will result in the least
- possible federal estate tax being payable by my estate
- after allowing for the unified credit against the federal
- estate tax and the credit for state death taxes (but only
- to the extent that consideration of the latter credit does
- not increase the amount of state death taxes otherwise
- payable to any state by reason of my death).
-
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- (C) In determining the amount of the Marital Deduction Bequest,
- it shall be assumed that my {PERSONAL_REP} has made the
- election pursuant to Section 2056(b)(7) of the Internal Revenue
- Code even if the election is not made. In making the necessary
- computations to determine the amount of this gift, values as
- finally determined for federal estate tax purposes shall be
- used. My {PERSONAL_REP} may satisfy this gift in cash
- or in kind, or partly in cash and partly in kind and must
- distribute assets, including cash, fairly representative of
- appreciation or depreciation (between the date of valuation
- for federal estate tax purposes and the date or dates of the
- distribution) in the property available for distribution in
- satisfaction of this gift. The property used in satisfying
- this gift shall be free and clear of all federal and state
- estate and inheritance taxes. This gift shall carry with it,
- as income and not as corpus, its proportionate share of all net
- income received during the administration of my estate.
-
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- (2) Family Fund. The second part shall be known as the Family
- Fund and shall be administered as the Family Trust in accordance
- with the provisions of this Will. The following assets shall be
- allocated to the Family Fund:
-
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- (A) The balance of the residue of my estate.
-
- (B) My interest in the proceeds of any employee benefit plans
- which are not includable in my gross estate for federal estate
- tax purposes and which are payable to the Trustee of a trust
- created pursuant to this Will (without designating which trust)
- or which specifically are made payable to the Family Trust.
-
- (C) Any other properties which are made payable or transferred
- to the Family Trust by me or by others by specific reference
- in a Will or other written instrument.
-
- (D) Property allocated to the Marital Fund with respect to
- which my {SPOUSE_HUSBAND/WIFE} or {SPOUSE_HIS/HER} personal
- representative has made a qualified disclaimer.
-
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- (3) Gift to Descendants. If my {SPOUSE_HUSBAND/WIFE} does not
- survive me, and if any child of mine survives me, all of the rest,
- residue and remainder of my estate shall be allocated to the Family
- Fund and distributed in accordance with the provisions of this Will.
- If my {SPOUSE_HUSBAND/WIFE} does not survive me and none of my
- children survive me, I give all the rest, residue and remainder of
- my estate to my descendants who survive me, per stirpes.
-
- (4) Major Disaster. If my {SPOUSE_HUSBAND/WIFE} and all my
- descendants do not survive me, my {PERSONAL_REP} shall divide the
- rest, residue and remainder of my estate into two equal shares.
- One share shall be distributed to my heirs and the other share
- shall be distributed to the heirs of my {SPOUSE_HUSBAND/WIFE}.
-
- .TX2 *** RESIDUARY TRUSTS - APPOINT TRUSTEE OTHER THAN SPOUSE ***
- {>ARTICLE_HEADING}
-
- I hereby appoint {TRUSTEE_NAME} of {TRUSTEE_ADDR} as the Trustee
- of any Trust created in this Will. If my original Trustee is
- unable or unwilling to serve, I appoint {ALT_TRUSTEE_NAME} of
- {ALT_TRUSTEE_ADDR} as the Successor Trustee of any Trust created
- in the Will.
-
- .TX3 *** RESIDUARY TRUSTS - APPOINT SPOUSE WITH A CO-TRUSTEE ****
- {>ARTICLE_HEADING}
-
- I hereby appoint my {SPOUSE_HUSBAND/WIFE}, {SPOUSE_NAME} and
- {TRUSTEE_NAME} of {TRUSTEE_ADDR} as Co-Trustees of any Trust
- created in this Will. At all times while my {SPOUSE_HUSBAND/WIFE}
- is serving as Trustee, there shall be a Co-Trustee to serve with
- {SPOUSE_HIM/HER}, which Co-Trustee shall be the Independent
- Trustee. My Spouse shall be the Investment Trustee.
-
- The Investment Trustee is hereby granted the power to make any
- decision or take any action regarding the retention, sale,
- exchange, lease or any other acquisition or disposition of any
- property held in any Trust under this Will and those powers
- only. The Independent Trustee is hereby granted all other
- powers relating to the property in the Trusts and including
- all those tax sensitive powers which if exercisable by my
- {SPOUSE_HUSBAND/WIFE} might result in adverse tax consequences
- for the Trusts. The following powers shall be among those
- exercisable only by the Independent Trustee:
-
- (1) all powers relating to the administration of the Marital
- Fund other than those specifically granted my {SPOUSE_HUSBAND/WIFE},
- above;
-
- (2) all powers relating to the administration of the Family
- Fund other than those specifically granted my {SPOUSE_HUSBAND/WIFE},
- above;
-
- (3) all powers relating to the distribution of property held in
- Trust to any Trust Beneficiary; and
-
- (4) all powers relating to the apportionment of trust income and
- expenses, the division into shares or separate trusts, occupancy
- of trust property, termination of or merging of trusts, making of
- tax elections, the allocation of property in satisfaction of any
- Marital Deduction bequest, payments to incapacitated persons,
- payments of funeral expenses, cost of administration, taxes,
- estate debts and the receipt and use of employee benefits and the
- change of situs of any Trust or Trusts created hereunder.
-
- .TX4 *** RESIDUARY TRUSTS - APPOINT SPOUSE AS SOLE TRUSTEE ******
- {>ARTICLE_HEADING}
-
- I hereby appoint my {SPOUSE_HUSBAND/WIFE}, {SPOUSE_NAME} as the
- Trustee of any Trust created in this Will. In no event shall my
- {SPOUSE_HUSBAND/WIFE} have the power to appoint any part of the
- principal or undistributed income of the trust estate of the
- Family Trust to my {SPOUSE_HUSBAND/WIFE}, {SPOUSE_HIS/HER} estate,
- or to or among {SPOUSE_HIS/HER} creditors or the creditors of
- {SPOUSE_HIS/HER} estate.
-
- .END ***************** END OF WILLS05 TEXT **********************
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