Life and Death Planning for Retirement Benefits

Appendix B: Forms

511

(2) the oldest beneficiary of such other trust was not born in a year earlier than the year of birth of the oldest beneficiary of this trust.

4.5 Marital Deduction Savings Language

See ¶ 3.3.03 (B).

If this trust is or becomes the beneficiary of any Retirement Benefit, the trustee must withdraw from the trust’s share of such Retirement Benefit, each year: A. So long as my spouse is living, the net income of the trust’s share of such Retirement Benefit for such year; and B. Regardless of whether my spouse is then living, such amount or such additional amount (if any) as is required to be distributed from such share under the Minimum Distribution Rules (if applicable). This paragraph shall not be deemed to limit the trustee’s power and right to withdraw from the marital trust’s share of the Retirement Benefit in any year more than the amount(s) stated above. From and after my death, this trust shall be held for the benefit of [NAME OF INDIVIDUAL TRUST BENEFICIARY] (hereinafter referred to as the “Beneficiary”). Each year, beginning with the year of my death, my trustees shall withdraw from any Deferrable Retirement Benefit the Required Minimum Distribution for such Deferrable Retirement Benefit for such year, plus such additional amount or amounts as the trustee deems advisable in its discretion. All amounts so withdrawn (net of expenses properly charged thereto) shall be distributed to the Beneficiary, if the Beneficiary is then living. Upon the death of the Beneficiary (or upon my death if the Beneficiary does not survive me) all remaining property of this trust [here insert the provisions that will apply after the conduit beneficiary’s death; since the see-through trust rules “do not care” what these provisions say, they can be anything you want. Examples: “shall be paid to [NAME OF REMAINDER BENEFICIARY],” or “shall be held in further trust pursuant to the provisions of Article [NUMBER] of this trust instrument.”]. 4.6 Establishing a Conduit Trust for One Beneficiary See ¶ 6.3.05 .

4.7 Conduit Trust for Spouse (Marital Deduction)

See ¶ 3.3.08 .

From and after my death, this trust shall be held for the benefit of my spouse [NAME OF SPOUSE] (hereinafter referred to as “my spouse”), if my spouse survives me. Each year, beginning with the year of my death, and so long as my spouse is living, the trustee shall