State of California - I am named as receiving a "specific distribution" in the following trust. Am I correct in assuming that, in the case that the husband is the first deceased, the persons named as receiving "specific distributions" will not do so until the wife passes away? Thank you.
THIS AMENDMENT to THE ****** (husband) FAMILY TRUST is made by ***** *. ****** (husband) and
****** *. ****** (wife), the Grantors and Co-Trustees of the Trust.
j 025 Distribution of Separate Property (Property Listed in Schedules A and B): Upon the
death of the first Grantor, hereinafter referred to in this section as the Deceased Grantor, the Trustee
hereof shall make the following distributions:
a. If the Husband is the Deceased Grantor, the Trustee is directed to make the following specific
distributions of the Husband's Separate Property:
****** *. ******, $**,*** cash.
The balance of the Husband's Separate Property shall be distributed to the following
individual, per slirpes (If one of the beneficiaries of the Grantors dies, then his or her share will
go equally to his or her then surviving issue. If no surviving issue exists, then distribute such
deceased beneficiary's share equally among the surviving beneficiaries.), in the following
percentage:
****** * ****** 40%
**** ****** 30%
***** *. ***** 30%
If all of the beneficiaries referred to above are deceased or in any other way fail to accept this
transfer then Husband's separate property shall be distributed pursuant to section 1.042(C)( I).
b. If the Wife is the Deceased Grantor, the balance of the Wife's Separate Property shall be
distributed to the following individuals, per stirpes (If one of the beneficiaries of the Grantors
dies, then his or her share will go equally to his or her then surviving issue. If no surviving issue
exists, then distribute such deceased beneficiary's share equally among the surviving
beneficiaries.), in the following percentages:
******* ****** 20%
**** ****** 20%
***** ****** 20%
******** ****** 20%
***** ******* 20%
If all of the beneficiaries referred to above are deceased or in any other way fail to accept this
transfer then Wife's separate property shall be distributed pursuant to section 1.042(C)(2).
...AND...
1.042B. Distribution of Balance of Trust: Upon the death of the Surviving Grantor,
the Successor Trustee hereof is directed to make the following specific distributions:
********* *. ******, $*,*** cash.
****** *******, $***** cash.
***** *****, $**,*** cash.
****** *******, $6,000 cash.
***** *****, $500 cash.
MR. & MRS. ** ********, $1,000 cash.
***** **********, $500 cash.
If the balance of" the "B" Trust assets is insufficient to fulfill the listed specific distributions
as set forth herein then assets from the "A" Trust shall be used to fulfill the listed specific
distributions as set forth herein. If the combined assets of the "A" Trust and "B" Trust are
insufficient to fulfill the listed specific distributions then all assets shall be used to come as close as
possible to completing the specific distributions pursuant to the following: In the event that more
than one specific distribution is listed then the distribution listed first shall have priority over the next
listed specific distributions and the distribution listed second shall have priority over the next listed
specific distributions, etc., until all assets of the "A" Trust and "B" Trust have been distributed.
The balance of the Trust Estate, if any, shall be distributed to the following individuals, per
Stirpes (If one of the beneficiaries of the Grantors dies, then his or her share will go equally to his
or her then surviving issue. If no surviving issue exists, then distribute such deceased beneficiary's
share equally among the surviving beneficiaries.), in the following percentages:
****** *. ****** 40%
**** ****** 30%
***** *. ***** 30%
...AND...
3.013 Conservator of the Person of the Husband: In the event of the incapacity of the
Husband, the Husband directs that **** ****** shall serve as Conservator of the Person of the
Husband. Upon the death, resignation, or inability of **** ****** to serve as Conservator of
the Person of the Husband, then the Husband directs that ****** *. ****** shall serve as
Successor Conservator of the Person of the Husband. Upon the death, resignation, or inability of
****** *. ****** to serve as Conservator of the Person of the Husband, then the Husband
directs that ***** *. ***** shall serve as Successor Conservator of the Person of the Husband.
Upon the death, resignation, or inability of ***** *. ***** to serve as Conservator of the Person
of the Husband, then a court of competent jurisdiction shall determine who shall become successor
Conservator of the Person of the Husband.
THIS AMENDMENT to THE ****** (husband) FAMILY TRUST is made by ***** *. ****** (husband) and
****** *. ****** (wife), the Grantors and Co-Trustees of the Trust.
j 025 Distribution of Separate Property (Property Listed in Schedules A and B): Upon the
death of the first Grantor, hereinafter referred to in this section as the Deceased Grantor, the Trustee
hereof shall make the following distributions:
a. If the Husband is the Deceased Grantor, the Trustee is directed to make the following specific
distributions of the Husband's Separate Property:
****** *. ******, $**,*** cash.
The balance of the Husband's Separate Property shall be distributed to the following
individual, per slirpes (If one of the beneficiaries of the Grantors dies, then his or her share will
go equally to his or her then surviving issue. If no surviving issue exists, then distribute such
deceased beneficiary's share equally among the surviving beneficiaries.), in the following
percentage:
****** * ****** 40%
**** ****** 30%
***** *. ***** 30%
If all of the beneficiaries referred to above are deceased or in any other way fail to accept this
transfer then Husband's separate property shall be distributed pursuant to section 1.042(C)( I).
b. If the Wife is the Deceased Grantor, the balance of the Wife's Separate Property shall be
distributed to the following individuals, per stirpes (If one of the beneficiaries of the Grantors
dies, then his or her share will go equally to his or her then surviving issue. If no surviving issue
exists, then distribute such deceased beneficiary's share equally among the surviving
beneficiaries.), in the following percentages:
******* ****** 20%
**** ****** 20%
***** ****** 20%
******** ****** 20%
***** ******* 20%
If all of the beneficiaries referred to above are deceased or in any other way fail to accept this
transfer then Wife's separate property shall be distributed pursuant to section 1.042(C)(2).
...AND...
1.042B. Distribution of Balance of Trust: Upon the death of the Surviving Grantor,
the Successor Trustee hereof is directed to make the following specific distributions:
********* *. ******, $*,*** cash.
****** *******, $***** cash.
***** *****, $**,*** cash.
****** *******, $6,000 cash.
***** *****, $500 cash.
MR. & MRS. ** ********, $1,000 cash.
***** **********, $500 cash.
If the balance of" the "B" Trust assets is insufficient to fulfill the listed specific distributions
as set forth herein then assets from the "A" Trust shall be used to fulfill the listed specific
distributions as set forth herein. If the combined assets of the "A" Trust and "B" Trust are
insufficient to fulfill the listed specific distributions then all assets shall be used to come as close as
possible to completing the specific distributions pursuant to the following: In the event that more
than one specific distribution is listed then the distribution listed first shall have priority over the next
listed specific distributions and the distribution listed second shall have priority over the next listed
specific distributions, etc., until all assets of the "A" Trust and "B" Trust have been distributed.
The balance of the Trust Estate, if any, shall be distributed to the following individuals, per
Stirpes (If one of the beneficiaries of the Grantors dies, then his or her share will go equally to his
or her then surviving issue. If no surviving issue exists, then distribute such deceased beneficiary's
share equally among the surviving beneficiaries.), in the following percentages:
****** *. ****** 40%
**** ****** 30%
***** *. ***** 30%
...AND...
3.013 Conservator of the Person of the Husband: In the event of the incapacity of the
Husband, the Husband directs that **** ****** shall serve as Conservator of the Person of the
Husband. Upon the death, resignation, or inability of **** ****** to serve as Conservator of
the Person of the Husband, then the Husband directs that ****** *. ****** shall serve as
Successor Conservator of the Person of the Husband. Upon the death, resignation, or inability of
****** *. ****** to serve as Conservator of the Person of the Husband, then the Husband
directs that ***** *. ***** shall serve as Successor Conservator of the Person of the Husband.
Upon the death, resignation, or inability of ***** *. ***** to serve as Conservator of the Person
of the Husband, then a court of competent jurisdiction shall determine who shall become successor
Conservator of the Person of the Husband.