DIY Legal Forms

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Testamentary Trust for Disabled Child

I hereby give to [name] (Trustee) the sum of ---------- dollars ($----------) to be held in trust by Trustee for the benefit of [name] (Child).

1. Maintenance of Child. Trustee shall provide such amounts from either principal or income as are required to maintain Child's well-being. This includes, but is not limited to, Child's health, medical or educational needs, or necessary training programs.

2. Public Funds. Trustee shall seek whatever public assistance is available for Child's maintenance.

3. Termination. The Trust shall terminate on Child's death. At such time, all principal and accumulated income of the trust estate shall be distributed to [names], per stirpes.

4. Spendthrift Provision. No income or principal of this Trust shall be subject to the claims of Child's creditors, including claims by governmental authorities prior to the distribution of funds to Child.

5. Expenses at Child's Death. Trustee shall pay all taxes and funeral expenses of Child, as well as any other expenses related to the administration of Child's estate.

6. Enumeration of Trustee's Powers. [Description of Trustee's powers].

IN WITNESS WHEREOF, I have set my hand and seal this [date].





STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.


[Name of Notary Public]

My commission expires: [date]