Appendix Form #9

AuthorJerold I. Horn
ProfessionLawyer
Pages765-791
765
Appendix Form #9
[Revocable Trust. Settlor is married. Creates (i) single QTIP-style trust that consists of
all of the trust estate that remains after payment of death costs and that relies upon sev-
erances to use efciently a reverse-QTIP election and to produce trusts with inclusion
ratios of zero and one, (ii) a Disclaimer Trust that serves as a receptacle for any of the
Marital Trust and certain other assets which the spouse of the settlor disclaims, and (iii)
dynasty-style trusts for descendants that rely upon qualied severances to produce trusts
with inclusion ratios of zero and one. Also accommodates Code Section 2032A election
and interests in qualied plans and individual retirement accounts.]
Declaration of Trust
Made November 1, 2017.
Article I
Purpose
I, PETER K. JOHNSON, of Peoria, Illinois, transfer to myself, as Trustee, ten
dollars and other consideration, and, as Trustee, I shall administer this property,
together with any additions and changes, according to this instrument.
Article II
Disposition During My Life
During my life, the Trustee shall administer the trust estate as provided in this
Article.
Section 2.01. Revocable Trust. The Trustee shall set the trust estate apart, in a sepa-
rate trust to be known as the “Revocable Trust” and to be administered as provided
in this Section.
(A) Distributions. The Trustee shall pay to me so much or all, if any, of the
trust estate as I direct at any time and from time to time.
(B) DuringInability. During any time I am unable to exercise the power
granted in subsection (A) of this Section or the Trustee believes I am unable
to manage my affairs, the Trustee shall pay to me and any person dependent
upon me, without any duty of equalization, so much or all, if any, of the trust
estate as the Trustee determines to be necessary or advisable from time to
time, considering resources otherwise available, to provide for our respective
health, education and support in the manner of living to which accustomed.
766 Appendi x Form #9
(C) Gifts.
(1) During the time described in subsection (B) of this Section, the
Trustee shall pay to any one or more of my wife and my descendants,
without any duty of equalization, so much or all, if any, of the trust estate
as the Independent Trustee in its sole and absolute discretion determines
to be advisable from time to time for me to make (i) gifts that are (or, if
split between my wife and me according to Section 2513(a) of the Code,
would be) excludable (because of Section 2503(b) of the Code including,
without limitation, because of Section 2503(c) of the Code and rights to
withdraw) from the total amount of my gifts under the Code or deductible
(because of the marital deduction according to Section 2523 of the Code)
for purposes of computing my taxable gifts under the Code and (ii) gifts
that because of Section 2503(e) of the Code are not treated as transfers by
gift for purposes of Chapter 12 of the Code. If the United States gift tax
is not in effect, the preceding sentence shall apply as if the United States
gift tax as it last existed were in effect.
(2) The Trustee shall pay to my attorney in fact, for the attorney in fact to
make gifts and qualied transfers (dened in Section 2503(e) of the Code)
on my behalf according to specic authority in the power of attorney, so
much or all, if any, of the trust estate as, upon the basis of specic author-
ity in the power of attorney and specic reference to the Revocable Trust
in the power of attorney, the attorney in fact directs the Trustee to pay.
(D) Termination. Unless sooner terminated by distribution or expenditure
according to the foregoing, the Revocable Trust shall terminate upon my
death, and the Trustee shall administer the trust estate of the Revocable Trust
according to the subsequent provisions of this instrument.
Article III
Disposition Upon My Death
Upon my death, the Trustee shall administer the trust estate as provided in this
Article.
Section 3.01. Charges and Taxes. The Trustee shall pay the expenses of my last
illness and funeral, costs of administration with respect to property wherever sit-
uated passing under my Will or this instrument or otherwise and other proper
charges against my estate. The Trustee also shall pay the estate and inheritance
taxes (including any interest and penalty) that are payable because of my death and
that, absent any direction by my personal representative to the Trustee, my Will
directs my personal representative to pay from my estate. The Trustee shall make

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