All Needs Protective Trust Wills
Where a person is vulnerable, sometimes it is not appropriate to allow a person control over their share of the estate. Beneficiaries who may be suitable for you to create this type of trust in your Will include:
· A disabled beneficiary who does not meet the criteria for a Special Disability Trust;
· A beneficiary who might be the vulnerable to the negative influence of others; or
· A beneficiary who has problems with gambling or drug use for example.
These types of Wills allow the Will maker to appoint a Trustee to manage the vulnerable beneficiary’s share of the estate. This means that the vulnerable beneficiary can benefit from your estate but that their share of the estate is protected.
SAMPLE MARITAL SETTLEMENT AGREEMENT PROVISIONS
(date)
This Agreement is between __________, husband, hereinafter "___________", and _______________, wife, hereinafter "________".
RECITALS:
1. The parties to this Agreement were duly married on ___________, 19__, in _______________________, and have ever since been and are now husband and wife.
2. The parties' only children, living or deceased, are: ___________, born ________ ; and __________ , born ____________. ________ is not now pregnant.
2a. No children have been born to the parties and none are expected.
3. Irreconcilable differences between the parties have caused the irremediable breakdown of their marriage and they separated on or about _____________, 19__.
4. ___________ has filed a domestic relations suit in the ________County, Oregon, Circuit Court, Case No. ____________, which suit is now pending.
4a. The parties, or one of them, anticipate soon filing a domestic relations suit in the _____________ County, Oregon, Circuit Court.
5. The parties desire by this Agreement to voluntarily and equitably settle all of the issues between them, including all parenting arrangements, child and spousal support, property division, responsibility for debts and attorney fees and costs.
(for your consideration as examples of possible personal recital statements - not required)
6. In coming to this Agreement, _________ and ________ desire first and foremost to express their love and affection for _____________________. The parties recognize and here state that their children had nothing to do with their decision to terminate their marriage. Through the making of this Agreement, the parties hope to avoid any unnecessary hardship to ___________. In here providing for the future parenting of ___________, the parties have the best interests of their children in mind.
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7. In coming to this Agreement, __________ and __________ also desire to state that neither of them blames the other for the failure of their marriage through any Marital deliberate intention and that each party has greatly contributed to the other party's growth during their marriage. The parties here express their desire to maintain their friendship and to provide each other with emotional support and encouragement.
IT IS AGREED:
A. Each Parent Fit and Proper ___________ and _________ agree that each is a fit parent and proper person to care for ____________. The parties also agree that it is in the best interests of ____________ for each parent to continue to have an active and constructive role in providing a moral, social, economic and educational environment for _____________. The parties intend that ___________ have a sense of security and the benefit of a good relationship with each parent.
B. Parenting Arrangements The parties agree that _________ shall have primary custody of ______________________ subject to _________'s visitation and parenting rights as follow:
The parties agree that they shall have joint legal and physical custody of _________________ as follows:
The parties agree that _________ shall have primary physical custody and that they shall have joint legal custody of _______ as follows:
The parties agree that their children shall have the following time with each parent and that each parent shall have the following responsibilities for the children:
1. Residential Schedule
a. Weekends
__________ shall have time with _______________ every other weekend from ____ on __________ until _______ on _____________.
b. Weekdays __________ shall also have time with ___________ every (other) ___________, beginning at _____ and ending at _______, if _________ are (is) in school, and commencing at _______ and ending at ___________, if _________ are (is) not in school.
c. Holiday and Vacation Periods
The parties agree that they shall, overall, equally share holiday and vacation time with their children. The parties agree to communicate at least _______ days prior to each holiday or vacation period to determine a residential scheduling for the period. If practicable and mutually desired, the parties shall share, approximately equally, each holiday and vacation period. To the extent that the parties do not so share a particular holiday and vacation period, they agree that they shall annually alternate the ability to spend that holiday or vacation time with the children. Thus, if one party has the children for a particular holiday or vacation period in "year one", the other party shall have the option of having comparable time with the children during that same holiday or vacation period the next year. This option shall continue to so annually alternate between the parties, exercisable by notice during the parties' advance holiday communication (at least ___ days prior to the holiday or vacation period).
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In the event that the above-stated rules for determination of holiday and vacation periods with the children do not sufficiently define a particular holiday (for example, to determine who shall initially have a mutually desired entire holiday period), the parties agree that they shall flip a coin to make such holiday determination.
In addition to the above general arrangements, the parties specifically agree to the following holiday arrangements:
Winter Vacation from School
The parties agree that they shall share the winter vacation from school with the children and annually alternate which of them gets the "first half" and which gets the "second half," with the mid-point being Christmas day at ____ each year.
Christmas
On Christmas Day, the parties agree that the children will open gifts first at _____'s home each year, and then, beginning at approximately _____, open presents at ______'s home and stay with _____ for the balance of that night until noon the next day.
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