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Form #1023

Alternative Provisions

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Alternative Provisions to Describe Beneficial Interests - free to use

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Alternative provisions to describe beneficial interests.

A. Beneficial interest in one person, on his or her death, to another:

"The entire interest in _________[husband's name], and on his death provided that he has not previously sold, assigned, transferred, or otherwise disposed of his beneficial interest and provided further that the Trust property has not previously been conveyed then to: _________[wife's name], his wife."

To which may be added:

"… and if _________[wife's name], predeceases _________[husband's name], or after _________[husband's name] death, if _________[wife's name] has not previously sold, assigned, transferred or otherwise disposed of her interest and provided further that the Trust property has not previously been conveyed then to _________[children's names], their children [in joint tenancy or in undivided equal shares]."

B. Beneficial interest in Joint Tenancy:

"_________[Husband's name] and _________[wife's name], his wife as Joint Tenants, not as Tenants in Common, with the right of survivorship."

or

"_________[Husband's name] and _________[wife's name], his wife as Joint Tenants, not as Tenants in Common, with the right of survivorship and on the death of the survivor provided the property has not previously been conveyed and provided that the beneficial interest has not been sold, assigned, transferred or otherwise disposed of then to: _________[children's names], their children."

C. If interest is held in two or more people, the provision should read as follows:

"An undivided one-third interest in _________[name of third person]

"An undivided one-third interest in _________[husband's name]

"An undivided one-third interest in _________[name of other third person]"

or

"An undivided one-third interest in _________[name of third person husband], and on his death provided that he has not previously sold, assigned, transferred or otherwise disposed of his beneficial interest and provided further that the Trust property has not previously been conveyed then to _________[name of third person's wife], his wife;

"An undivided one-third interest in _________[husband's name], and on his death provided that he has not previously sold, assigned, transferred, or otherwise disposed of his beneficial interest and provided further that the Trust property has not previously been conveyed then to: _________[wife's name], his wife;

"An undivided one-third interest in _________[name of other third person husband], and on his death provided that he has not previously sold, assigned, transferred or otherwise disposed of his beneficial interest and provided further that the Trust property has not previously been conveyed then to: _________[name of other third person's wife], his wife."

D. If beneficial interest is to be held by a PARTNERSHIP, the provision in C may be used, or:

"_________[Names of individuals], d/b/a _________ Company, a partnership."

E. Beneficial interest in a CORPORATION:

"The entire interest in the _________ Corporation."

F. Beneficial interest in JOINT TENANCY with instructions as to disposition after death of surviving joint tenant:

"_________[Husband's name] and _________[wife's name], his wife, as Joint Tenants with the right of survivorship, and on the death of the survivor provided the property has not been sold, assigned, transferred or otherwise disposed of, then as follows: An undivided one-half interest in equal shares to _________[names], the children by a former marriage of _________[wife's name]; and an undivided one-half interest in equal shares to _________[names], the children by a former marriage of _________[husband's name]."

G. Conditional disposition of beneficial interest on death of beneficiary:

"An undivided 60 percent interest in _________[husband's name], and on his death provided that he has not previously sold, assigned, transferred, or otherwise disposed of his beneficial interest and provided further that the Trust property has not been conveyed previously then to: _________[wife's name], his wife as to an undivided _________ of his interest (or _________ percent of the total beneficial interest) but if she shall predecease _________[husband's name], then the _________ percent of the beneficial interest shall go to _________[sons' names], the sons of _________[husband's name], in equal shares and is to be added to each of the shares as set out; the remaining _________(or _________ percent of the entire beneficial interest) shall go to _________[sons' names], the sons of _________[husband's name] in equal shares and shall be added to the interest they have and is to be disposed of as set out;

"An undivided _________ interest in _________[husband's son], the son of _________[husband's name] and on the death of _________[husband's son], provided that he has not previously sold, assigned, transferred or otherwise disposed of his beneficial interest and provided further that the Trust property has not previously been conveyed then to: _________[name of son's wife], the wife of _________[son's name];

"An undivided _________ percent interest in _________[husband's other son], the son of _________[husband's name] and on the death of _________[husband's other son], provided that he has not previously, sold, assigned, transferred, or otherwise disposed of his beneficial interest and provided further that the Trust property has not previously been conveyed then to: _________[wife of husband's other son], the wife of _________[husband's other son]."

Contributed by
Anonymous3
 
Name of Firm Anonymous3
Total Forms Contributed 102
 

See All Anonymous3's Forms
 

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Terms Of Use

Submissions to this site, including any legal or business forms, posts, responses to questions or other communications by contributors are not intended as and should not be construed as legal advice. You are strongly encouraged to consult competent legal council before engaging in any action based upon content contained on this site.

These downloadable forms are only for personal use. Retransmission, redistribution, or any other commercial use is prohibited. This includes reposting forms from this site to another site offering free legal or other document forms for download.

Please note that the donator may have included different usage terms regarding this form, and you agree to abide by these terms. It is highly recommended that you have a licensed attorney review any legal documents for which you are searching in order to make sure that your needs are being properly and completely satisfied.

Your use of this site constitutes your acceptance of our terms of use and your agreement to hold this site, its officers, employees and any contributors to this site harmless for any damage you might incur from your use of any submissions contained on this site. If you do not agree to the above terms, please do not proceed.

These forms are provided to assist business owners and others in understanding important points to consider in different transactions. They are offered with the understanding that no legal advice, accounting, or other professional service is being offered by these documents or on this website. Laws vary in the different states. Agreements acceptable in one state may not be enforced the same way under the laws of another state. Also, agreements should relate specifically to the particular facts of each situation. Therefore, it is important to consult legal counsel whenever utilizing these forms. The Forms are not a substitute for legal advice YourFreeLegalForms.com is not engaged in recommending or referring members on the site or making claims about the competence, character or qualifications of its participating members.
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