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Tuesday is always an interesting day in “Guertin Land.”  Tuesday is my work at home day.   One day a week I play lawyer and daddy from home.  My wife is off to her weekly meeting and its just me, my son, the dogs and client files.  Now I try to make this as legit a work day as possible- this means attempting to get up, awake and working long before my 20 month old wants to start his day ( which sometimes happens at 5 a.m)-  just last week at around 5:12 AM  Jeremy was belting out at an extreme volume “Allllllll Aboard!”  He hasn’t been the same since he took a ride on the Essex Steam Train.  So I parent and work my way through the day.  This morning I was working on a trust and I wrote this paragraph, that when I re-read I could not help think that if I get hit by a bus tomorrow and die- nobody,I mean NOBODY will know what the heck I was trying to say.  So, try to get into my mind-  read what I wrote and post a comment with what you think I meant- the person closest will get a copy of my book and something random from my office.

The term “Equally” when used in this agreement means that if one of the grantor’s issue receives any property because of the grantor’s death (including property not passing through the grantor’s estate such as real property, life insurance, joint bank accounts, investment accounts and all other non-probate assets), which when added to  the property passing by way of this trust equate to a greater total fair market value (at the time of the second death of me and my spouse) than the grantor’s other issue would receive.   The Grantor’s issue receiving the greater total amount, considering all of the above, shall be required to  pay to the issue receiving the lesser amount, an amount necessary to equalize the total amounts necessary to effectuate a 50/50 total distribution to both of the grantor’s issue, per stirpes. If either or both of the grantor’s issue has made a contribution to any property increasing the fair market value (exceeding $1,000), that amount will be subtracted from the fair market value before the above calculation.

 

May 2012
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