To be held in trust for my living descendants until they each attain age 30, to be divided between them “by right of representation”.

This option is typically best when your children are young or you are concerned about their ability to manage their inheritance upon your death, and means the following:

1. If all your children are living, then the net assets of the Trust (after the payment of your valid debts and administration expenses) will be divided equally between them and held as separate trusts until they each attain age 30.

2. If any of your children are deceased and are survived by their own descendants, then such deceased child’s share will be further divided between such deceased child’s descendants; the “by right of representation” division is defined by state statute and depends on how many descendants are then living at each generational level (children, grandchildren, great-grandchildren, etc.).

3. If any of your children are deceased and are NOT survived by their own descendants, then such deceased child’s share lapses – meaning no share will be created for such deceased child upon your death.

4. All such shares would be held as separate trusts, with discretionary distributions of both income and principal until the beneficiary attains age 30. This means that your Successor Trustee would manage and invest such beneficiary’s share until they reach age 30 and would have the discretion to make distributions to the beneficiary for the beneficiary’s health, education, maintenance, and support. In addition, 50% of the principal of such beneficiary’s share will be distributed to such beneficiary outright and free of trust at age 25, with the remainder of the principal to be distributed to such beneficiary outright and free of trust at age 30.

Assets to be divided into as many equal shares as you have living children and deceased children with living descendants. The shares for your living children are to be distributed outright and free of trust, while the shares for the other descendants (i.e. grandchildren) will be held in trust until they reach the age of 30 years old.

Outright and free of trust to my living descendants, to be divided between them “by right of representation”.

This option is typically best when your children are adults and you want to keep the administration of your Trust as simple and short as possible upon your death, and means the following:

1. If all your children are living, then the net assets of the Trust (after the payment of your valid debts and administration expenses) will be divided equally between them and distributed to them outright and free of trust upon your death.

2. If any of your children are deceased and are survived by their own descendants, then such deceased child’s share will be further divided between such deceased child’s descendants; the “by right of representation” division is defined by state statute and depends on how many descendants are then living at each generational level (children, grandchildren, great-grandchildren, etc.).

3. If any of your children are deceased and are NOT survived by their own descendants, then such deceased child’s share lapses – meaning no share will be created for such deceased child upon your death.

4. All such shares would be distributed outright and free of trust, except for the shares of any beneficiaries who are under the age of 18. Because state law requires that a Probate Court supervised Conservatorship be created whenever a distribution from an Estate of Trust is to be made to a minor (meaning someone under the age of 18), to avoid the costs associated with such a Conservatorship the Trust includes provisions to keep the share for any beneficiary who is under the age of 18 in trust until such beneficiary attains age 18. This means that your Successor Trustee would manage and invest such minor beneficiary’s share until they reach age 18 and would have the discretion to make distributions to the minor beneficiary for the minor beneficiary’s health, education, maintenance, and support.

Outright distributions to specific individuals in specific percentages.

This option is typically best when you do not have any descendants or you want to include people who are not your descendants as beneficiaries of your Trust, and means the following:

1. If a beneficiary you name survives you, then such beneficiary will receive a share of your Trust based on the percentage you select for such beneficiary.

2. If a beneficiary you name predeceases you, then such deceased beneficiary’s share lapses – meaning no share will be created for such deceased beneficiary upon your death. The percentage share intended for such deceased beneficiary would instead be divided proportionally between the shares of the other beneficiaries who do survive you based on the percentage shares you selected for each of them.

3. All such shares would be distributed outright and free of trust, except for the shares of any beneficiaries who are under the age of 18. Because state law requires that a Probate Court supervised Conservatorship be created whenever a distribution from an Estate of Trust is to be made to a minor (meaning someone under the age of 18), to avoid the costs associated with such a Conservatorship the Trust includes provisions to keep the share for any beneficiary who is under the age of 18 in trust until such beneficiary attains age 18. This means that your Successor Trustee would manage and invest such minor beneficiary’s share until they reach age 18 and would have the discretion to make distributions to the minor beneficiary for the minor beneficiary’s health, education, maintenance, and support.

If no other option fits your situation, then you can customize your beneficiary provisions by purchasing the custom estate plan upgrade. This upgrade includes a 30-minute Zoom or phone call with one of our attorneys.