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All of these documents are included with your trust:
- Declaration of Trust, for Family Trust.
- Certificate of Trust Existence and Authority. This is a statutory form, executed by you and me. It is used to show to persons and institutions with whom you deal (such as banks) to prove the existence of the trust without having to disclose the entire contents of the trust.
- An Assignment of Personal Property, by which you transfer to the trust all articles of personal property which do not have documents of title, such as furniture and other household goods.
- Marital Property Agreement. This states your intention, as husband and wife, to not change the character (community or separate) of your property.
- Schedule A, showing the various properties being transferred to the trust.
- Schedule B, showing the disposition of the trust assets on the death of the surviving spouse.
- Schedule C, showing such property as insurance policies and retirement plans which might provide benefits after death. These are not assets of the trust, so Schedule C is informational. They could become trust assets upon your death if you would like.
- A Pour-Over Will(s). The purpose of the pour-over will is that if you have any assets at death which have not been transferred to the trust, they will be probated but “pour-over” into the trust to be ruled by the provisions of the trust relating to distribution of your estate.
- Advance Health Care Directive(s) (also known as a Durable Power of Attorney for Health Care) for each of you. This is the document, found in California Probate Code §4701, by which you designate a primary and alternate agent to act on your behalf relative to health care, if you are not able to act for yourself.
- Durable Power(s) of Attorney for Property Management. This is the document, also approved by State statute, under which you designate an agent to handle your property, either at your direction when you are able to act on your own or on your behalf if you become disabled.
- Medical Information Authorization(s). This form allows you to list persons whom you authorize to receive information from medical providers, such as doctors, dentists and hospitals.