Q4B Document Center

Alerts & Notices


 

6/4/2011
The trust forms and questionnaires have been updated to allow for an optional forfeiture clause that discourages trust beneficiaries from challenging the trust by providing that they will forfeit their inheritance if they do. There is also an option for disinheriting the challenging beneficiary's descendants (children, grandchildren, etc.). These clauses are not likely to be enforceable against a legitimate challenge, but should serve to discourage unwarranted challenges.

9/19/2009
The trust documents and the trust questionnaires have been updated to incorporate new provisions of the Arizona Trust Code, and to revise the trust document packages in several other respects:

Provisions For Arizona Trusts Only: 

  1. An option has been added that allows trustors to name an individual who has authority to resolve disputes between the trustee and a beneficiary. The purpose is to prevent the use of the court system when the trustee and the beneficiary are willing to abide by a private party's decision resolving their disagreement. (The decision is non-binding and may be subsequently resolved by arbitration.)

  2. Married trustors now have the opportunity to opt out of the Arizona notice requirement when the first spouse dies; this clause exempts a surviving spouse (or other trustee) from having to provide the heirs notice of their rights under the trust.

    New printable trust questionnaires reflecting these options are now available.

Other Provisions That Have Been Revised: 

  1. The IRA Conduit Trust provisions have been changed to create individual IRA Conduit Trusts for each heir (rather than using one common conduit trust for multiple heirs). A new article "USING SEPARATE IRA CONDUIT TRUSTS" has been posted in the Reference Library.

  2. The perpetuities savings clause has been extended to 500 years.

  3. The standard of "welfare and best interests" has been added to paragraph 5.3 for the surviving spouse in the Bypass Trust for married couples; this change should provide greater protection, especially for Medicaid purposes, in the event the surviving spouse becomes incompetent and no longer serves as trustee.

2/2/2009
The "Certificate And Abstract Of Trust Existence And Authority" has been updated in the trust document package, along with the Execution Instructions pertaining to it.

4/19/2008
"IRA Conduit Trust" provisions have been added to the trust document package. Articles explaining the use of the Conduit Trust and the various factors to be considered when choosing a retirement plan beneficiary have been posted in our Reference Library. In addition, the Powers of Attorney have been updated to simplify document execution and readability.

7/1/2006
Q4B Center, LLC no longer provides a CLDP Review service. An Attorney Review service is still available from the Review Screen. Please see the revised Terms Of Use and our Getting Started page for additional details.

11/1/2004
A recent Arizona law requires organ donation provisions in living wills to be separately initialed. The document forms at Q4BCenter.com have been updated accordingly. Please note the blank line for initials at the bottom of page one in the Living Wills when organ donation is selected. Also note the new instructions regarding "Living Wills" in the "Instructions For Executing Your Estate Planning Documents" in the document package.

10/30/2003
HIPAA (Health Insurance Portability and Accountability Act) is a federal law which attempts to protect the privacy of medical records. Unfortunately, it may be difficult for a successor trustee to get medical information to establish the incapacity of an acting trustee without going to court. In order to counteract the negative effects of the law, we have incorporated an "Authorization To Physicians" into the Health Care Power of Attorney and the living trust itself.

8/4/2002
New features of updated trust questionnaires and trust document packages: