Standard Legal’s Joint Trust documents do not provide for staggered distribution to child beneficiaries directly within the primary language. But there is a straight-forward way to accomplish a distribution of assets to specific child beneficiaries in specific amounts on specific dates using a second document included within the Living Trust package.
First, the primary Joint Trust document can be prepared as it is structured for all users.
Then the Grantor(s) can prepare and execute an Amendment to the Trust — a separate document provided with the Standard Legal Trust package — to provide for the staggered distributions as desired.
For example, the following language could be used by the Grantor within the Amendment document:
Upon the death of the second of us to die, the Trustee shall divide the then remaining balance of the trust estate into as many equal shares as there shall be then living children of mine, counting and treating as a then living child of mine the then living issue of any deceased child of mine and distribute one such equal share to each then living child of mine, and one such equal share, per stirpes, to the then living issue of each deceased child of mine; and the Trustee shall retain the share, or portion thereof, apportioned for each child of mine who has not attained the age of 40, or the then living issue of a deceased child of mine who has not attained the age of 40, in trust for the benefit of such one, or ones, and administered as hereinafter provided. Upon any child of mine attaining the age of 30, the Trustee shall pay over and distribute to such one one-third (l/3) of the then remaining share of the trust estate held for his or her benefit; upon any child of mine attaining the age of 35, the Trustee shall pay over and distribute to such one one-half (1/2) of the then remaining share of the trust estate held for his or her benefit; upon any child of mine attaining the age of 40, the Trustee shall pay over and distribute to such child the balance of the then remaining share of the trust estate held for his or her benefit.
To create a Joint Trust document with these types of staggered distributions, see Standard Legal’s Living Trust legal forms software here >