HomeMy WebLinkAboutSUB202100027 Other Family Division Plat 2017-01-11 ALICE BABER BARNETT REVOCABLE TRUST AGREEMENT
I,ALICE SABER BARNETT, of the County of Albemarle,Virginia,desiring to create
a trust, agree with ALICE BABER BARNETT and CHARLES LEWIS BARNETT
(collectively,my"Trustee"), as of January 11, 2017 as follows:
Article I. Creation of Trust. I have transferred and by this agreement do now transfer to my
Trustee the assets listed on the attached Schedule A. All assets received by my Trustee shall be
held in trust and,managed and distributed in accordance with this agreement. Either Trustee may
act alone, and all references herein to"my Trustee"shall refer to one Trustee acting alone and to
both Trustees acting together.
Article II. Provisions Governing Trust Benefits. _
A. During My Lifetime. During my lifetime my Trustee shall apply as I may direct any
income of the trust. In addition,my Trustee shall distribute principal from the trust as I may
direct. If I should be unable to so direct(in the opinion of my Trustee),my Trustee may expend •
income or principal as my Trustee may deem appropriate to provide for my support or other
needs or to pay my obligations. Further, any attorney-in-fact named by me under a general
durable power of attorney for property may direct distributions of income and principal from the
trust during my lifetime as fully and effectively as I could do,if acting personally,to provide for
my support or other needs or to pay my obligations.
B. Following My Death. Upon my death my surviving Trustee shall distribute to my
granddaughter RACHEL LYDIA BARNETT, of Albemarle County, Virginia, a sum to
be determined by my Trustee in his or her sole and absolute discretion which he or she
deems equal to the then fair market value of two acres of my real property located on
Burch's Creek Road. If the said property is sold within a reasonably short period of time
after my death,the sales price may be used by my Trustee to guide his or her
determination of fair market value,but my Trustee may also use other factors such as the
valuation for tax assessment purposes, any appraisal or other expression of professional
opinion, and his or her own personal opinion. This distribution shall be made prior to any
distribution provided for below.
Upon my death my surviving Trustee shall also divide the remaining trust property
(after deduction for payment of debts, taxes, commissions, and administrative expenses)
into five shares considered by my Trustee to be approximately equal in value, and shall
distribute such shares as follows:
(1) I give one share to my son CHARLES LEWIS BARNETT, of
Albemarle County, Virginia, if he survives me;
1
(2) One share to my grandson JASON ANDREW BARNETT, of
Fluvanna County, Virginia, or, if he fails to survive me, to his issue;
(3) One share to my granddaughter SHAINA BARNETT STRINGER,
of Albemarle County,Virginia, or, if she fails to survive me, to her issue;
(4) One share to my grandson MICHAEL RICHARD BARNETT, of
Albemarle County,Virginia, or, if he fails to survive me, to his issue; and
(5) One share to my granddaughter RACHEL LYDIA BARNETT, of
Albemarle County, Virginia, or, if she fails to survive me, to her issue.
However, if any beneficiary is less than eighteen years of age, my Trustee may
deliver to the beneficiary or to a person standing in loco parentis to the beneficiary(or
partially to each), without the intervention of a guardian, so much of the beneficiary's
share as my Executor may deem appropriate.
C. Provisions for Interests Vesting in Beneficiaries Under Age Twenty-Five.
Notwithstanding the foregoing provisions,whenever any interest in a trust vests absolutely in a
beneficiary under age twenty-five,my Trustee may retain the interest upon a separate trust and
pay to the beneficiary as much of the net income or principal as my Trustee may deem
appropriate to provide for the beneficiary's support,other needs or education until the beneficiary
reaches age twenty-five,when the interest shall pass outright to the beneficiary. If the beneficiary
dies before reaching that age,the interest shall constitute a part of the beneficiary's estate.While
the beneficiary is under twenty-one years of age, any part of the interest may be distributed to a
custodian(selected by my Trustee) for the beneficiary under the Virginia Uniform Transfers to
Minors Act(21). In addition, any part or all of the interest maybe distributed to the custodial
trustee of any trust created for the beneficiary under the Virginia Uniform Custodial Trust Act.
These are powers only and do not prevent absolute vesting of the interest in the beneficiary.
Article III. Payment of Charges Against My Estate. Upon my death my Trustee may,if my
Trustee shall deem it appropriate,provide my executor or administrator with funds to pay all or
any part of these charges against my estate: debts,funeral and cremation or burial expenses, costs
of administration, estate,inheritance or other death taxes and pre-residuary bequests in my will.
These payments shall be made by my Trustee from the trust assets before their division. My
Trustee shall hold United States Treasury Securities that may be used at par to pay federal estate
taxes,they shall be used for such purpose. My Trustee shall not seek reimbursement from any
person on account of a payment made pursuant to this Article.Assets that are not otherwise
subject to federal estate taxes shall be segregated by my Trustee and not used for payments
pursuant to this Article. Payments pursuant to this Article may be made either directly to my
executor or administrator or upon the direction of my executor or administrator, and my Trustee
may rely upon my executor or administrator as to the amount of the charges.
2
Article IV. Administrative Powers of My Trustee.
A. In addition to the powers granted by law, I grant to my Trustee those powers set forth
in Sections 64.2-105, 64.2-777, and 64.2-778 of the Code of Virginia, as in force from time to
time, and I incorporate those Code Sections in this agreement by this reference. I hereby waive
the "prudent investor"rule. My Trustee may select assets for allocation to a particular trust or
share as my Trustee shall deem to be in the best interests of the beneficiaries under this
agreement, and assets allocated to one trust or share need not be of the same character as assets
allocated to another trust or share; and,without limiting the generality of the foregoing,my
Trustee may allocate assets having different income tax bases in such manner, amounts and
proportions as my Trustee shall deem appropriate. If, at the time my Trustee is to make a
distribution under any trust set up under this agreement to another trust, any beneficiary of the
distributee trust is then entitled to a distribution of trust assets from the distributee trust,my
Trustee may make the distribution directly to such beneficiary. I expressly authorize my Trustee
to merge any trust under this agreement with any trust having the same trustee and substantially
the same dispositive provisions. If at any time after my death the size of any trust under this
agreement is so small that,in the opinion of my Trustee, the trust is uneconomical to administer,
my Trustee may terminate the trust and distribute the assets to the person or persons authorized
to receive the trust income in such shares as my Trustee may deem appropriate.No Trustee who
is also an income beneficiary of the trust at issue,or who has a legal duty to support an individual
who is an income beneficiary of the trust at issue, shall exercise any discretion granted in the
preceding sentence. The powers and discretion granted to my Trustee are exercisable only in a
fiduciary capacity and may not be used to enlarge or shift any beneficial interest except as an
incidental consequence of the discharge of the duties of my Trustee.
B. No Trustee shall have any voice as a Trustee in any decision covering the
discretionary distribution of income or principal of any trust for the purpose of discharging a
legal obligation of such Trustee or for such Trustee's pecuniary benefit unless related to such
Trustee's needs as an individual beneficiary for health, education, support or maintenance.
Article V. Rights to Add,Withdraw,Amend and Revoke. I reserve for myself the right to
transfer to my Trustee other assets that are acceptable to my Trustee and to make policies of
insurance payable to my Trustee.I reserve the right to revoke or amend this agreement by a
writing(other than a will)signed by me and delivered to my Trustee during my lifetime,but the
duties or compensation of my Trustee shall not be changed without the consent of my Trustee. If
this agreement has been revoked by me during my lifetime,but at my death a policy of insurance
is still payable to my Trustee,my Trustee shall be authorized to pay over the proceeds of any
such policy of insurance to the executor or administrator of my estate.
3
Article VI. Miscellaneous Provisions.
A. Distribution to Descendants. Whenever property is to be distributed to the
descendants of a person(the "ancestor"),such property shall be divided into equal shares,one
share for each then living descendant in the first generation below the ancestor in which at least
one descendant is living, and one share for each deceased descendant in such generation who has
a descendant then living. Each share created for a living descendant shall be distributed to such
descendant. Each share created for a deceased descendant shall be divided and distributed
according to the directions in the two preceding sentences until no property remains
undistributed.
B. Disclaimer. Any beneficiary or the legal representative of any deceased beneficiary
shall have the right, within the time period prescribed by law,to disclaim any benefit or power
under this agreement.
C. Resignation of Trustee. Any Trustee may resign as Trustee hereunder,without cause
and without court approval,by giving thirty(30)days'written notice thereof to me,if I am then
living and competent,and otherwise to the other Trustee then serving hereunder,if any,but if none,
then to all adult beneficiaries,if any,then entitled to any portion of the income hereunder. Upon
delivery of the assets in the hands of the resigning Trustee to the successor Trustee or the then
serving co-Trustee and acknowledgment by written receipt,the resigning Trustee shall be
discharged of all further liability with regard to the trust assets.The Trustee's fees and expenses
(including reasonable attorneys'fees)attributable to the appointment of a successor Trustee,if
required,shall be paid from the trust assets.
D. Successor Trustee. My Trustee shall have the right to designate as successor Trustee
any individual or corporation having trust powers, effective upon the resignation,incapacity or
death of my Trustee. Such designation shall be made while my Trustee is serving as Trustee by
an instrument executed by my Trustee during my Trustee's lifetime in the manner provided for
the execution of a deed or by the teens of my Trustee's last will, and any such designation shall
become effective upon the execution by such successor Trustee of a writing accepting the duties
of Trustee and without further formality or notice to any party. Any inter vivos designation of a
successor may be revoked by my Trustee at any time before it shall become effective. If more
than one trustee is serving hereunder,no designation of a successor Trustee shall be effective
unless each trustee consents to the designation in a writing meeting the requirements of this
paragraph. Should my Trustee fail to designate a successor Trustee, and should my Trustee fail or
cease to serve,I name my granddaughter,SHAINA BARNETT STRINGER, of Albemarle
County,to serve as Trustee. If administration of the trust should be necessary in any jurisdiction
where my Trustee is unable to serve,I give to my Trustee the power to designate any individual
or corporation with trust powers to serve with my Trustee or in my Trustee's stead.No successor
Trustee shall be responsible for or required to inquire into the transactions of any predecessor
Trustee and a successor Trustee may rely conclusively upon the accounts of a predecessor
Trustee.
4
E. Compensation of My Trustee. Any corporate Trustee shall receive for its services the
compensation for which it is willing to undertake similar services for others at the time such
services are rendered, as evidenced by its published fee schedule in effect from time to time.
Notwithstanding the preceding sentence,if the then current adult beneficiaries of a trust created
under this agreement and a corporate Trustee agree upon a fee for the corporate Trustee that is
less than its customary fee, the corporate Trustee shall receive for its services the fee to which it
agrees. Any individual who serves as Trustee shall be entitled to receive reasonable
compensation for services rendered based on the duties and responsibilities assumed and the
time, expertise,and effort expended.
F. Spendthrift Trust. To the extent permitted by law,neither the principal nor income of
any trust shall be liable for the debts of any beneficiary or,except to the extent otherwise
specifically provided,to alienation or anticipation by a beneficiary. No beneficiary's interest in
the principal or income of any trust may be voluntarily or involuntarily transferred.
G. Effect of Adoption. A person who has a relationship by or through legal adoption
shall take under this agreement as if the person had the relationship by or through birth, except
that a person adopted after reaching age twenty-one and descendants of such a person shall not so
take.
H. Matters of Interpretation. For simplicity,I have expressed pronouns and other terms
in one number and gender,but where appropriate to the context these terms shall be deemed to
include the other number and gender. This agreement is made or delivered in Virginia, and shall
be governed by its laws. This agreement is signed in more than one counterpart,each of which is
an original.The underlined headings are for convenience and shall not affect interpretation.
I. Copies of Trust Agreement. I hereby direct that so long as I am living and competent,no
one other than my Trustee and I shall be entitled to a copy of this Agreement or any Amendment
thereto,and except as I may otherwise direct my Trustee in writing,my Trustee shall not provide a
copy of this Agreement or any Amendment thereto to anyone other than me at any time that I am
alive and competent.My Trustee shall presume that I am competent absent a certification in writing
by my attending physician that I am unable to manage my financial affairs.
5
WITNESS the following signatures and seals:
gets;Ba.G t ,4,` (SEAL)
ALICE BABER BARNETT, SETTLOR
%;,; _,., Michelle C Minor
,'' ,.:., ''.a Commonwealth of Virginia
` ; Notary Public
'?`,::Ark.-4 Commission No.7684255 aL...w -, &J....07 (SEAL)_,.,• My Commission Expires 6/30/2020
- ALICE BARER BARNETT, TRUSTEE
COMMONWEALTH OF VIRGINIA
[CI COUNTY] OF au.4,5`f te5 vi)),to wit:
The foregoing instrument was acknowledged before me this /1- day of January,
2017,by Alice Babel-Barnett. /
41141:142
Notary Public
My commission expires: (,P AD_ 20 20
Notary Registration No.: 164
8 2 5.5-
:fi. :t. Michelle C.
`' 41 A : 4!:
ommonwealth E ' fire.ie '
,
.: _: = My Commission Expires 6/30/2020 CHARLES LEWIS BARNETT,TRUSTEE
COMMONWEALTH OF VIRGINIA
COUNTY] O c 5 yi ,to wit:
The foregoing instrument was acknowledged before me this I1' day of January,
2017,by Charles Lewis Barnett. }
--4,,,41,,- _,
Notary Public
My commission expires: 69/5yb AO
Notary Registration No.: Ki(,g y255-
6
1 1
... —
.,
Schedule A
''''-''''':(kfc.'..:*,;:.:-.1-agiliii;',),-,- -0 ao Ds •I-ot t*,okt4-14.,-4,),t-iowo•orini:u DI,1_91`,; ,-..',.-:, r2.71,.4,..,3,i,.el,A,!.1
--x. - rt.- -
-7:::t.i',,,,,„‘,.i. 4:6_0. .D.•_,.- it 1 t ,,k.)1.1D‘ M ...' i,.::;.-...,z;
(
ISOM:TENDER
-\;.,.t. . ft:;-::ei.s-:
-J...,,,,,,t
, A.-.1 K., )itl.,..•• . FOR ALL DEBTS,PRIME ARP PRIVATE c-;7117•°"' .. .
B 15850680 -C :----, -÷'Y'• !4-: '.---: .
..a :.-,..V` ..??..1: --.. • P ....e.---is1-._!. . -- -',-
-7'11i1TY--
c-7.-,,.k,,, ,tl•, - ,G,,. ,,.=-,,44:-W
-;‘- it'S.,,.
W.: trimpTolf,D.,.9. -- •:,"gio!'./.-
.5c;`,-4---,741V-,:.'".:7-:1-1.i,':. -
2- -4,-%r ).}1.
r.'..-.,..---,,,.'-..,:‘:-..,:::t.,-.,,,:.-:-.:!...;_.!--4';',:fil; ...:. 2 •-•';'::‘\_.--....1'.!
.,7_; \':h_._ _-t,' ..%4•.,,,.. _ -, /-pt. •--/Pr,,,,,,-1\-..?: ,
: ,„1,•,,,,,A,,,,,•„: ,.,:.. '''*,,, N,,,...,...--_-,,, ,
-,-5,-;i:',,,,,:::-,-,•,;-• ,t.T. kl \::• .'!:.-P,,•
G\A 1,-,,,,,*.--/w, LI
C :;--51:: 4 .:.- ,
• •1),Ef:Aik,-, 1 :, A
fr,e-&-W4 i
; tk .41?V:ii ' —4'. ..'• :-; •
4t-2f '''''
— V 4.,—-e...
_.., 4 ....2*-K -,1..v '....,a1,..c. '-,.• ,, ,,t4.----.? jt-:,--- -..i-
. `:. yl:t. ,,,,I. 2 ,e,.....4...44,,r.o. -x-...--;: ', z••=,, z, L—Ailz.,\-. -.:,-,,„-ap•-. .19- (-77,..- ,..1- • Yr. .
- ift, t\!,
.,,.... .
-km 7, :' :Ircissornata4odradkatimrg .......":„.„. 44,;,._ . ..,
Sr0640:14e.Frrnsuny ,, , . . .,,:,' ,,
..'...:,-
-..."-•".
' n