The following provisions are not included in the Trusts that we create unless our client requests them. We are happy to add any or all of the below provisions if you so desire. We are also happy to modify any of the provisions.
Introduction
By establishing trusts for my beneficiaries, it is my intent to provide them with substantial and valuable benefits in their inheritance. However, I am mindful of the fact that my beneficiaries will live in a particularly litigious society, and that negative circumstances often occur in individuals’ lives that can result in loss of inherited wealth, be it great or small. For this reason, I have chosen to create my trust in such a way as to try and maximize the enjoyment my beneficiaries will receive under my trust while maintaining the greatest degree of protection for my beneficiaries’ inheritance.
It is my intention that this trust, which came at my considerable hard work and sacrifice, be kept for as many future generations and beneficiaries to benefit from as possible until such time that the funds have been exhausted.
I believe that the acquisition of wealth is a measure of one’s success and achievement, and I believe wealth must be newly earned by each generation rather than just inherited in a lump sum. To me, nothing outclasses achievement, and large inheritances may ruin a child’s life. I agree with Warren Buffett when he says, “The perfect inheritance is enough money so that they feel they could do anything, but not so much that they could do nothing.”
My provisions are meant to reward my beneficiaries who share my core values of hard work, the desire to learn and grow as a person, and to strive for success. The provisions are also meant to not reward any beneficiaries who are lazy, into illicit drugs or criminal activities, or are just plain ‘losers.’ As I write this I realize it may be read many years from now by beneficiaries whom I may not even have had the pleasure of meeting or knowing. But I want them to know that the reason this trust exists to help them is because of my hard work, sacrifice, ridiculously long hours, lack of sleep, very few vacations, and relentless desire for success, traits that have served me well and I hope I have passed down. I want to reward my future beneficiaries who share these traits and hope they plan for the future in the same way as I did. For those beneficiaries who are lazy, good for nothing, sorry, but you’re on your own. But I have structured this as a dynasty pot trust, so that if you have a worthwhile kid, they may reap the benefits you missed.
All beneficiaries need to understand that my wishes are for unequal payments based upon the rules I have set up. Bottom line, if you don’t live the hard-working, good, clean life that I believe in, you will receive less than another beneficiary who does live such a life. If any beneficiary tries to sue the trust, Trustee, or another beneficiary because they feel harmed by the fact that another beneficiary is receiving larger payouts, I direct my Trustee to use trust money either directly or indirectly to fight such a suit, and win or lose any money spent on the legal battle is to be deducted from the future distributions of the beneficiary that pressed the lawsuit. Beneficiaries need to realize this is money I made, and if they feel they want more of it they should look at making better choices instead of hiring a lawyer.
I want my children, future grandchildren, and all beneficiaries to understand the value of work. I believe that earning your way through life is better than living off an inheritance. I wish I were there to help you myself to set out on the path to prosperity, and hope you understand that I cared enough to set this up since I could not. And I hope that it helps you when you need help and gives you the financial footing you need to conquer your world.
Notwithstanding anything herein to the contrary, whenever my Trustee has the discretion to determine the amount and timing of any distributions under this Article, my Trustee shall have the sole discretion to determine the amount and timing of the distribution, and all distributions must be reasonable. The preceding sentence shall not apply to distributions to be made to a beneficiary in a specific amount. Also, notwithstanding anything herein to the contrary, if my Trustee has the authority to agree to the amount of a distribution with a beneficiary or another party, my Trustee may or may not agree in my Trustee’s sole discretion, and if the parties cannot agree, my Trustee shall not make the distribution.
Incentive Provisions
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As soon as practicable following the death of the last to die of my spouse and me, and until the beneficiary attains age *___, my Trustee shall distribute to the beneficiary a monthly stipend in a reasonable amount as agreed upon by the beneficiary and my Trustee. The primary objective of this monthly stipend is to provide my beneficiary with adequate spending money so as to enable the beneficiary to complete high school and undergraduate studies without the necessity of maintaining employment to provide the beneficiary with spending money. It is my expectation that so long as the beneficiary has proven to be responsible with money, my Trustee shall be reasonably generous in rendering the beneficiary’s monthly stipend. If, however, the beneficiary has not yet earned an undergraduate degree, and has not been enrolled in school full-time for longer than six months by choice, then the beneficiary is to no longer receive this stipend until such time as they resume their education full-time. An exception to this is if the beneficiary cannot attend school due to serious physical or mental illness. The beneficiary is encouraged to also work a job while in college, or be a full-time player in NCAA college athletics, as I believe in the value of hard work. I would encourage the Trustee to be even more generous to beneficiaries, showing themselves to be hard workers, and less generous to those who believe that school is too tough to also carry a job or play sports yet seem to have plenty of time to go out with their friends.
I believe that increasing one’s knowledge is a vital key to success and happiness. I recognize that not all of my beneficiaries have the same aspirations or abilities, but I want to encourage each to be the best that they can in whatever their chosen course of life. Therefore, I instruct my Trustees to be liberal in advancing funds to those beneficiaries who have a genuine desire to improve their lot in life through education. My Trustees are empowered to use their best judgment with respect to fund requests for education or training.
(1) Primary and Secondary Education
If the parent or guardian of a beneficiary determines that it is in the best interest of the beneficiary to enroll in a private elementary, junior or senior high school, then my Trustee is authorized – to the extent determined to be reasonable as agreed upon by my Trustee and the guardian of the beneficiary – to make distributions on behalf of the beneficiary for books, tuition and enrollment fees at the private school or schools as agreed upon by my Trustee and the guardian of the beneficiary.
(2) Provisions for First Bachelor’s Degree
My Trustee shall pay the cost of books, tuition and fees, and room and board at any nationally-accredited public or private college or university a beneficiary chooses to attend, so long as the beneficiary remains enrolled as a full time student and remains in good academic and disciplinary standing, as defined by the educational institution the beneficiary is attending.
If at any time the beneficiary ceases to be enrolled as a full time student or fails to be in good academic or disciplinary standing, distributions to the beneficiary under this provision shall continue for a one-semester “grace period”. During the grace period, my Trustee may require the beneficiary to receive tutoring and/or academic or other counseling as provided or recommended by the educational institution or by one or more of the beneficiary’s professors prior to making any education-related distributions to or for the beneficiary.
If, after the one-semester grace period, the beneficiary returns to full-time enrollment and good academic and disciplinary standing, my Trustee shall resume the education-related distributions under this provision.
If after the one-semester grace period the beneficiary does not return to good academic and disciplinary standing, my Trustee is authorized to suspend education-related distributions to or for the beneficiary; however, my Trustee shall continue to pay the reasonable expenses of any tutoring or counseling as requested by the beneficiary.
In exercising discretion as to the amount and method of any distribution under this provision, my Trustee may either make distributions to the beneficiary, or directly to the educational institution.
Current NCAA rules, plus the demands of playing a sport or otherwise earning a scholarship, make it very tough for a scholarship athlete or student to earn income. I want to provide extra benefits to a beneficiary who is earning part or all of their tuition as a result of receiving a scholarship, whether for sports, music, good grades, or any other reason. If a beneficiary has a scholarship (or grant or any other form of tuition reduction) while enrolled full time in a university for their undergraduate degree, my Trustee should evaluate the amount this is saving the Trust, and very generous in directing some or all of these funds to that Beneficiary, free of trust. My Trustee should consider the amount of hours spent in extra studying, athletic training, or any other time requirement the Beneficiary puts into their pursuits that lead to this scholarship and calculate what they would be making as a reasonable wage (for example 2 times minimum wage) if they were working instead. I very much want to encourage my Beneficiaries to work to earn scholarships and grants and provide them with extra benefits from the Trust for doing so. Once calculating this extra benefit, my Trustee should double the amount to direct to a Beneficiary who is attending the *, and cut this benefit in half if a Beneficiary is attending *.
If the beneficiary obtains a bachelor’s degree from a nationally accredited 4-year university within 5 years from the date of first enrollment, I direct that my Trustee distribute $*,000 (indexed to 2024 value) to the beneficiary, free of trust. If the beneficiary graduates with honors, I direct that my Trustee distribute an additional $*,000 (indexed to 2024 values) to the beneficiary, free of trust. If the beneficiary graduates among the top five students in the beneficiary’s graduating class, I direct that my Trustee distribute an additional $*,000 (indexed to 2024 value) to the beneficiary, free of trust institution or other party providing the service to the beneficiary.
Except in cases of extreme hardship, nothing in this provision shall be construed to permit the payment of education-related expenses to or for a beneficiary for a period of time longer than that period estimated by the educational institution for the time in which the beneficiary’s selected course of study can be completed by a full-time student. In other words, get you degree in the normal amount of time. Furthermore, nothing in this provision shall be construed in such a way as would encourage any beneficiary to seek multiple bachelor’s degrees.
(3) Provision for First Graduate Degree
If the beneficiary decides to pursue a graduate degree at any nationally accredited college or university, I direct that my Trustee pay the cost of books and tuition and make reasonable rent or mortgage payments for the beneficiary so long as the beneficiary remains enrolled as a full or part time (part time so long as also working a full-time job) student and remains in good academic and disciplinary standing. If the beneficiary ceases to be enrolled as a student and or fails to be in good academic and/or disciplinary standing, distribution to the beneficiary under this provision shall cease. If the beneficiary returns to full time enrollment and good academic and disciplinary standing within one year, my Trustee is directed to resume the distributions under this provision.
If the beneficiary graduates in the top 15% of the beneficiary’s graduating class, I direct that my Trustee distribute $*,000 (indexed to 2024 value) to the beneficiary, free of trust. If the beneficiary graduates among the top five students in the beneficiary’s graduating class, I direct that my Trustee distribute an additional $*,000 (indexed to 2024 value) to the beneficiary free of trust.
Notwithstanding any provision herein to the contrary, nothing in this provision shall be construed in such a way as would encourage any beneficiary to seek multiple graduate degrees.
In keeping with the tradition that the family of the bride bears such expenses, my Trustee is directed to pay for reasonable and customary expenses associated with the first wedding of a female beneficiary. I have stated that this is for a first marriage only, as I believe that this decision should be made with great care and for life. As has been my family custom, I encourage the beneficiary to use modesty and discretion in coordinating her wedding plans. The amount paid from the trust shall not exceed $*,000 (indexed to 2024 value).
At the first marriage of a beneficiary, I direct that my Trustee distributes to the beneficiary $*,000 adjusted for inflation using 2024 as the base year according to a commonly accepted cost of living index, free of trust. This amount is separate and above the $*,000 in the case that the trust also contributed to the wedding expenses. Again, this is only for a first marriage, my Trustee is specifically directed to not pay any costs associated with a second or further marriage, nor any divorce costs.
For each beneficiary under the age of *25 years old, my Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $*,000 (indexed to 2024 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee. For beneficiaries under the age of 16, my Trustee should give consideration and be generous in attempting to match income earned from things such as mowing lawns, delivering newspapers, a lemonade stand, and the like to encourage these activities.
For each beneficiary *25 years old yet under the age of *35, my Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $*,000 (indexed to 2024 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee.
For each beneficiary aged *35 years and above, my Trustee is directed to pay to or apply for the benefit of a beneficiary named under this Article, an amount equal to 50% but not to exceed a maximum yearly payout of $*,000 (indexed to 2024 value), of the wages, salaries and tips earned by the beneficiary as indicated on such beneficiary’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee.
If a beneficiary has children of a marriage and decides that it is in the best interests of such beneficiary’s family that either the beneficiary or such beneficiary’s spouse stays home to care for such beneficiary’s children and not work outside the home, my Trustee is specifically authorized to pay to or apply for the benefit of the beneficiary, an amount based upon the same schedules in this section for earnings by the beneficiary or such beneficiary’s spouse (whichever is greater) as evidenced by the working spouse’s form W-2 and/or schedule C in annual or other convenient installments as agreed upon by the beneficiary and my Trustee.
My Trustee can and should require each beneficiary to submit copies of signed and filed tax returns in order to receive an income matching benefit. When considering income, only earned income is to be considered, not interest income or returns on passive investments. My Trustee is also to disregard and not pay benefit on any income earned through criminal behavior, illicit drug sales, pornography, or any other activity not consistent with a good, clean lifestyle.
When a beneficiary attains the age of sixteen and earns a valid driver’s license, I direct that my Trustee purchase a late model used vehicle for the beneficiary’s use and enjoyment. When selecting a model, my Trustee should be particularly mindful to make safety and economy of primary importance, not high-speed or style. The vehicle shall be titled in the name of the beneficiary and shall not be trust property.
Only one vehicle per beneficiary may be purchased. The vehicle must be at least * years old and must cost less than 50% of its original sticker price. The trust is not to spend more than $*,000 (indexed to 2024 value) on this car, but if the beneficiary would like to contribute their own money on top of this to buy a more expensive car they can, so long as it still meets the criteria for age and 50% original value.
I direct that my Trustee be responsive to the beneficiary’s needs and desires concerning provision for an automobile and if the beneficiary is a full-time student in high school or college, then also for necessary insurance, maintenance and repairs as needed and as requested by the beneficiary from time to time. If the beneficiary is a current “A” student, then my Trustee should also supply the beneficiary with a reasonable amount of extra gas money.
I believe very strongly that all children should play music and sports. The mental development that comes from playing a musical instrument and the physical benefits that come from organized sports are of utmost importance to me. My trustee is to make distributions up to $*,000 (indexed to 2024 value) annually to a beneficiary enrolled in school and under the age of *23 to cover any costs associated with training in athletics or music. This includes but is not limited to camps, equipment, clothing, shoes, lessons, the purchase of musical instruments, the purchase of sporting equipment, travel expenses, and anything else that promotes talent development.
I believe very strongly in capitalism and entrepreneurship. In the event a beneficiary wishes to start a business, either alone or in conjunction with one or more partners, my Trustee is authorized to distribute to or as directed by a beneficiary reasonable amounts necessary to assist the beneficiary with startup and initial operating expenses up to $*,000 (indexed to 2024) in the form of a loan to the business at the prime interest rate. The money is to be repaid with prime interest to the trust over a 10-year term. Any missed payments or unpaid amounts are to be deducted from future disbursements to that beneficiary until such time as the amount withheld equals the amount of the loan lost. The bottom line is that I want to encourage beneficiaries to be entrepreneurial, but they need to make sure their business plan is solid, work tirelessly to see it be successful, and pay back the money whether they are successful or not. My Trustee may require the beneficiary to prepare and present a formal business plan and may require the beneficiary to obtain a written opinion of a Certified Public Accountant or other licensed business advisor (as selected by agreement among the beneficiary and my Trustee) certifying that the beneficiary’s proposed enterprise is economically advisable prior to making such distributions to the beneficiary. A beneficiary may not receive more than one loan at a time, but if the beneficiary has taken a previous loan and the trust has recovered all of the funds from that loan, another loan may be made to the same beneficiary again until the funds have been recovered.
In order to encourage my beneficiary to consciously set aside money periodically for the purpose of providing for the beneficiary’s own financial security and for the financial security of those dependent upon the beneficiary, my Trustee is specifically authorized to match up to 50% of the beneficiary’s voluntary contributions to any retirement account (i.e. SEP-IRA) up to a maximum matching of $*,000 per year (indexed to 2024 value). In determining whether to make such a matching contribution, my Trustee shall consider the probability of such beneficiary’s withdrawal of such contributed amount, the regularity with which such beneficiary tends to contribute to long-term savings, and such other factors as my Trustee deems reasonable or appropriate.
It is my wish that all of my beneficiaries are covered by adequate medical insurance. I hope that they do not rely on this trust to pay for it when they have other options, for example, through their place of employment. However, in the case that a beneficiary or their dependent children are not covered by medical insurance, my Trustee should direct payment to and arrange, if necessary, some sort of adequate medical insurance. Should any beneficiary or their dependents need braces or other dental work I also would like the Trustee to use trust funds to pay for such.
I understand that in today’s world of equality, my female beneficiaries are free to choose their path to success through work, and I agree with that; I also want to encourage my female beneficiaries to put their careers on hold to be stay-at-home moms. I believe it is a healthy choice for my female beneficiaries to make as well. I direct my Trustee to make monthly payments of $*,000 (indexed to 2024 value) to any female beneficiary, married or unmarried, who chooses to raise her children full-time in lieu of working. Please be generous in helping these beneficiaries with unforeseen necessary expenses as well, such as car repairs, insurance payments, and such.
I specifically excluded mentioning male beneficiaries in this section, or “stay-at-home Dads,” because I just flat out believe they should be working to support their family and never even need to read this section.
I wish to encourage my beneficiaries to be actively involved in Christian Ministry Activities. Moreover, I believe that mission experiences are greatest when shared with a spouse or close friend. Therefore, my Trustee is directed to provide for distributions to or as directed by the beneficiary to enable the beneficiary to attend periodic mission trips. If the beneficiary wishes to enable a companion to attend such mission trips with the beneficiary, then my Trustee is expressly authorized to make scholarship money available to the beneficiary’s companion if needed and as requested by the beneficiary.
My Trustee is directed to make distributions to a beneficiary who visits or provides care for an aging parent, grandparent, or ailing sibling. This can include travel and other expenses. While this should be a modest and reasonable amount, leeway is given to the Trustee in this regard as I believe in honoring parents and respecting the elderly.
I wish I were there to tutor you myself, but since you are reading this, unfortunately, I am not. The best I can do is recommend that you accomplish a few tasks that I believe will be valuable in guiding you, and direct my Trustee to reward each beneficiary past the age of 30 with $1,000 (indexed to 2024 value) plus the expenses incurred for each item from this list that a beneficiary satisfactorily demonstrates to the Trustee that the beneficiary has completed, except for the last item (number *) which provides for an additional $20,000 (indexed to 2024 value) should the beneficiary complete all of the previous * tasks. Given that, it is possible for each beneficiary to receive up to $50,000 (indexed to 2024 value) plus expenses if they were to complete them all, and I hope that all beneficiaries do. I chose to have you (my beneficiary) do these after age 30 as I believe it is at this stage in your life that they will mean more to you, but this does not preclude you from doing them much younger and then again after you turn 30 when you will be rewarded. My Trustee shall be the sole judge of whether a beneficiary adequately completes a task. You are not required to finish them in order, but I feel you should try to.
(1) Read “The Alchemist” by Paolo Coelho.
(2) Begin keeping a written and/or photo journal of your adventures in life and contribute to it regularly and with substantive content for at least two years.
(3) Have a dermatologist certify to the Trustee that you are tattoo-free.
(4) Have a doctor certify to the Trustee that you are drug-free.
(5) Read “The 7 Habits of Highly Effective People” by Stephen R Covey
(6) Attend a Dale Carnegie multi-day seminar or course.
(7) Read “Rich Dad, Poor Dad” by Robert Kiyosaki.
(8) Show the Trustee a current and blemish-free credit report of yours from a major credit bureau.
(9) Make the maximum allowable contribution to a retirement account in any given year.
(10) Buy and sell 100 shares of any stock in less than five minutes, but profitably after commissions.
(11) Buy either a house or a commercial property, and rent or lease it out for a minimum of a 1-year term for at least a monthly rent 1% of the purchase price. So, for example, if the purchase price of the property was $100,000, your tenant should be paying you a minimum of $1,000 per month. This task is to teach you the value of adhering to the “1% rule” which I believe fervently in and has served me very well.
(12) Obtain an internet domain name, build a multi-page website, establish an email address for that domain, and place Google AdSense ads or another company's revenue-generating ads on part of the main page.
(13) Attend a * Church Service.
(14) Learn to speak at least level 1 of the * Language, for example passing a * final exam or equivalent and be able to converse in the language.
(15) Read “The Count of Monte Cristo” by Alexandre Dumas.
(16) Climb to the top of Camelback Mountain in Phoenix, Arizona, and have someone take your picture.
(17) Find someone that you do not know but who is in desperate need of help, and help them. Something very cool, and not particularly easy to accomplish. I believe in always using you good fortune and skills to help those around you, this should be a constant theme in your life.
(18) Attend a professional *.
(19) Spend at least 20 cumulative hours receiving private lessons in how to play a musical instrument such as a piano.
(20) Watch these movies: CITIZEN KANE (1941); THE GODFATHER (1972); GONE WITH THE WIND (1939); LAWRENCE OF ARABIA (1962); WIZARD OF OZ (1939); The GRADUATE (1967); SCHINDLER'S LIST (1993); IT'S A WONDERFUL LIFE (1946); BRIDGE ON THE RIVER KWAI (1957); STAR WARS (1977); CHINATOWN (1974); GRAPES OF WRATH (1940); 2001: A SPACE ODYSSEY (1968); E.T. THE EXTRA-TERRESTRIAL (1982); DR. STRANGELOVE (1964); APOCALYPSE NOW (1979); MR. SMITH GOES TO WASHINGTON (1939); TREASURE OF THE SIERRA MADRE (1948); GODFATHER PART II (1974); HIGH NOON (1952); TO KILL A MOCKINGBIRD (1962); DOCTOR ZHIVAGO (1965); TAXI DRIVER (1976); RAIDERS OF THE LOST ARK (1981); STAGECOACH (1939); CLOSE ENCOUNTERS OF THE THIRD KIND (1977); MANCHURIAN CANDIDATE (1962); SHANE (1953); The FRENCH CONNECTION (1971); FORREST GUMP (1994); BEN-HUR (1959); FARGO (1996); MUTINY ON THE BOUNTY (1935); GOODFELLAS (1990); PULP FICTION (1994); The SEARCHERS (1956); UNFORGIVEN (1992); Saving Private Ryan (1998); The Lord of the Rings (2001), The Notebook (2004); The Natural (1984), Life is Beautiful (1997), Shawshank Redemption (1994), Braveheart (1995), Gladiator (2000).
(21) Adopt an animal from a shelter or the pound and give it a great home with you.
(22) Read “Tuesdays with Morrie” by Mitch Albom, and then watch the “Tuesdays with Morrie” movie.
(23) Visit the graves (and show a photograph of you next to them to Trustee) of *.
(24) Incorporate the name of a past relative into the name of at least one of your kids.
(25) Visit *
(26) Read the books “Man’s Search for Meaning” by Victor E Frankl and “Life After Life” by Raymond A. Moody.
(27) If and when you accomplish all of the previous * tasks, my Trustee is directed to make an additional $*,000 (indexed to 2024 value) distribution to you, free of trust.
The last thing I ask is that you spend a day discovering, studying, and reflecting on your heritage, learn about your past relatives and what I stood for, and how much I love you and wish I were there. I do believe that there is life after death, and that we will someday get the chance to meet again.
Disincentive Provisions
The following provisions are intended to reduce or eliminate distributions in certain circumstances. My Trustee is directed to reduce or eliminate distributions to a beneficiary from the beneficiary’s trust in accordance with this section. In exercising discretion to reduce or eliminate a distribution to any beneficiary under my trust, and in determining the appropriate timing of distributions, my Trustee is directed to follow the guidelines and instructions that follow in my Trustee's sole discretion.
(1) Alcohol, Drug Abuse and Sobriety
My beneficiaries should know that I do not approve of drug and alcohol abuse and am aware of the heartache that myself and other family members have endured because of such abuse. I have chosen not to be enabling in my lifetime and do not want to be enabling after my death.
I believe one is an abuser when drinking or drug use causes or has caused problems relating to family life, relationships, marriage, employment, or the ability to manage money.
I have given this subject much thought, and want my family to know that I will not support such behavior. I would prefer my money to pass on to future generations rather than be wasted by an abuser.
Therefore, I instruct my Trustees to demand that a history and pattern of sobriety be exhibited by anyone entitled to a distribution under this trust. Distributions shall not be made to anyone not living a clean, sober, drug free life. My Trustees may take whatever steps necessary to make this determination, including but not restricted to the appropriate tests presently used for such determination. I want my Trustees to understand that the simple passage of such a test is not grounds to make distributions, but they should search for convincing evidence that an abuser has altered his or her lifestyle, and has demonstrated a history and pattern of freedom from alcohol and substance abuse.
The Trustees shall tell an abuser what is expected of them to qualify for a distribution under this trust, and shall withhold funds until such time in the future as the Trustees are convinced that the lifestyle has been changed.
While the Trustees shall not make discretionary distributions to abusers, they may make distributions to enroll a beneficiary in a legitimate treatment program, provide lifesaving medical treatment, or assist those who have been affected by the alcohol and/or substance abuse of one of my beneficiaries.
An heir who has not had a history of addictive problems should not construe this provision to prohibit an occasional social drink. However, it clearly does prohibit any form of drinking or recreational substance abuse by any beneficiary who has previously had or received treatment for alcohol or substance abuse. Further, it prohibits recreational drug use by any beneficiary.
Notwithstanding anything herein to the contrary, my Trustee shall not take any action that would be a violation of public policy in the Trustee’s sole discretion.
(2) Drug and Alcohol-Free Requirement
No beneficiary of this trust may receive any distribution from the trust until the beneficiary is drug and alcohol free as defined below. Only if this condition is met can any distributions be made from a trust, except for emergency medical treatment and then the distribution is to be made on behalf of the beneficiary, paid directly to the service provider, and such service provider has to be a fully licensed medical facility or doctor.
The following procedure is to be used to determine that a beneficiary of this trust is sober and drug free. A beneficiary shall have the right to be tested up to four times during the calendar year, however, never more often than once a quarter. The testing date for each quarter shall be randomly determined by the Trustee. A beneficiary must complete the test within 48 hours of notice or be considered not sober and not free from drugs and other substances.
- Each test shall be administered at a testing facility of Trustee’s choice. Said facility shall be a certified drug and alcohol testing facility.
- Test results will be reported to Trustee directly by the testing facility.
- Trustee may request a hair follicle test to determine long term use of drugs.
- Trustee and testing facility will determine an appropriate Alcohol test. Said test must be an industry standard test.
- The Trustee shall pay from the beneficiary’s trust, the costs of any testing, including the cost of travel to and from the testing facility, if any, that may be incurred by the beneficiary in compliance with the testing requirements of this trust.
- A sober and free from drugs and other substances period, for trust distribution purposes, is defined as a twelve calendar months starting from the 30th day of the month testing was performed in. A sober and free from drugs and other substances test is required to establish the start of sober and free from drugs and other substances period.
- The first sober and free from drugs and other substances period shall be established upon the completion of the first sober and free from drugs and other substances test. Subsequent sober and free from drugs and other substances periods will commence at the end of the current sober and free from drugs and other substances period and upon the occurrence of either 1) a single sober and free from drugs and other substances test during the 11th or 12th month of a sober and free from drugs and other substances period, or 2) after a not sober and free from drugs and other substances test, two consecutive sober and free from drugs and other substances tests taken more than ninety-days days apart.
- Trustee is free to distribute funds, in accordance with the instructions of this trust, during any period the beneficiary is sober and free from drugs and other substances as defined herein. During any time frame that the beneficiary fails to test sober and free from drugs and other substances, Trustee is not authorized to distribute funds to the beneficiary for any purpose except for a rehabilitation program as defined in the following paragraph.
The Trustee is authorized to pay for a one-time drug and alcohol rehabilitation program should a beneficiary request treatment. The trustee, at the Trustee’s sole discretion, may pay for up to two more rehabilitation programs. Failure to complete a program, once started, shall be treated as if the beneficiary is not sober and free from drugs and other substances. Completion of the program requires proof of attendance and proof of completion, such proof is to be provided to the Trustee directly by the program administrator.
I believe in the sanctity and permanence of marriage. Marriage should be entered thoughtfully, slowly and deliberately, and with a commitment to make it work. A successful marriage takes much hard work and faces many trials along the way. For the benefit of the participants and children, I believe that every effort should be made to save a marriage, including, but not restricted to, spiritual and conventional counseling.
I instruct my Trustees to be more liberal in distributions to beneficiaries who are making efforts to strengthen their marriage and to be more restrictive to those who have troubled marriages or who are divorced.
To judge the appropriateness of distributions, my Trustees have every right to inquire and form their opinion on the soundness, logic and rationale of a second marriage. They may require prenuptial agreements as allowed under Arizona law.
I believe that a strong faith in God has been beneficial in all aspects of my life. Further, I believe that faith in God does not grow in a vacuum, and must be nurtured by participation in organized church activities. Hence, I hope that all of my beneficiaries will be active participants in the services and ministries of their Christian Church. I further hope and expect that my beneficiaries will raise their children in the same manner.
Therefore, I authorize my Trustees to be more liberal in distributions to beneficiaries that have exhibited a history and pattern of Church participation for themselves and their children, and to be more restrictive to beneficiaries that demonstrated the opposite pattern.
I recognize that as times change, so do fads, habits, addictions, and obsessive behaviors. I therefore urge diligence on the part of my Trustees to be aware of the lifestyle and behaviors of my beneficiaries. If a beneficiary is participating in activities or behaviors detrimental to a productive, Christian lifestyle, such as crime or other, the Trustees may take the same actions as outlined in other value issues such as drug and alcohol abuse.