Amended And Restated Declaration Of Trust: Fill & Download for Free

The issue: How to effectively make a new Will and a new revocable living Trust having different provisions than your current Will and revocable living Trust.A “new” Will should include a provision revoking all prior Wills; for example, “I, Richard Wills, declare this document to be my Will, and I revoke all prior Wills of mine.”Trusts typically work differently, because a trust usually has already been funded, contains assets, and revoking it would mean that its assets would need to be transferred back to its Trustor, a new Trust made, and the assets then transferred to the new Trust. The way to avoid all of this is not to revoke the existing Trust or to make a new Trust but to execute an Amendment and Restatement of Trust, effectively substituting new language for the old language of the Trust and restating the new Trust from beginning to end, so it reads as complete. As it happens, I chose a revocable living trust as my estate planning vehicle back in 1985, and I’m now on my 12th Amendment and Restatement of Trust, having changed it that many times since then. Your estate planning counsel should be able to assist you to do this without having to have any interaction with any of the assets contained in your current trust unless you want to specifically make a change in them.Richard Wills, retired probate attorney originally licensed in CA & WA

A few of these are disputed. But that number is “few”, and those that are are countered by the mass of others from the same Founder.George Washington Gun Quotes“A free people ought not only to be armed, but disciplined…” – George Washington, First Annual Address, to both House of Congress, January 8, 1790This is, essentially, a restatement of the II: A well regulated (i.e., disciplined) militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.” -George Washington, Debates of the Massachusetts Convention of February 6, 1788“That no man should scruple, or hesitate a moment, to use arms in defence of so valuable a blessing, on which all the good and evil of life depends, is clearly my opinion.” -George Washington, letter to George Mason April 5th 1769“It may be laid down, as a primary position, and the basis of our system, that every citizen who enjoys the protection of a free government, owes not only a proportion of his property, but even of his personal services to the defence of it, and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls, provided with uniform Arms, and so far accustomed to the use of them, that the Total strength of the Country might be called forth at Short Notice on any very interesting Emergency.” -George Washington, letter to Alexander Hamilton May 2, 1783John Adams Gun Quotes“A free people ought not only to be armed, but disciplined; to which end a uniform and well-digested plan is requisite; and their safety and interest require that they should promote such manufactories as tend to render them independent on others for essential, particularly for military, supplies.” -John Adams, speech to US Congress January 8, 1790Again, another restatement of the II.Thomas Jefferson Gun Quotes“No free man shall ever be debarred the use of arms.” – Thomas Jefferson, Virginia Constitution, Draft 1, 1776“I prefer dangerous freedom over peaceful slavery.” – Thomas Jefferson, letter to James Madison, January 30, 1787“What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance. Let them take arms.” – Thomas Jefferson, letter to James Madison, December 20, 1787“The laws that forbid the carrying of arms are laws of such a nature. They disarm only those who are neither inclined nor determined to commit crimes…. Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.” – Thomas Jefferson, Commonplace Book (quoting 18th century criminologist Cesare Beccaria), 1774-1776“A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.” – Thomas Jefferson, letter to Peter Carr, August 19, 1785“The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” – Thomas Jefferson, letter to to John Cartwright, 5 June 1824“On every occasion [of Constitutional interpretation] let us carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying [to force] what meaning may be squeezed out of the text, or invented against it, [instead let us] conform to the probable one in which it was passed.” – Thomas Jefferson, letter to William Johnson, 12 June 1823“I enclose you a list of the killed, wounded, and captives of the enemy from the commencement of hostilities at Lexington in April, 1775, until November, 1777, since which there has been no event of any consequence … I think that upon the whole it has been about one half the number lost by them, in some instances more, but in others less. This difference is ascribed to our superiority in taking aim when we fire; every soldier in our army having been intimate with his gun from his infancy.” – Thomas Jefferson, letter to Giovanni Fabbroni, June 8, 1778Benjamin Franklin Gun Quotes“They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” – Benjamin Franklin, Historical Review of Pennsylvania, 1759“Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote!” -Benjamin FranklinThis is one of the disputed mentioned earlier.George Mason Gun Quotes“To disarm the people…[i]s the most effectual way to enslave them.” – George Mason, referencing advice given to the British Parliament by Pennsylvania governor Sir William Keith, The Debates in the Several State Conventions on the Adooption of the Federal Constitution, June 14, 1788“I ask who are the militia? They consist now of the whole people, except a few public officers.” – George Mason, Address to the Virginia Ratifying Convention, June 4, 1788“That a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural and safe defense of a free state; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.” -George Mason, Virginia Declaration of Rights, June 12 1776Noah Webster Gun Quotes“Before a standing army can rule, the people must be disarmed, as they are in almost every country in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops.” – Noah Webster, An Examination of the Leading Principles of the Federal Constitution, October 10, 1787James Madison Gun Quotes“Besides the advantage of being armed, which the Americans possess over the people of almost every other nation, the existence of subordinate governments, to which the people are attached, and by which the militia officers are appointed, forms a barrier against the enterprises of ambition, more insurmountable than any which a simple government of any form can admit of.” – James Madison, Federalist No. 46, January 29, 1788“The right of the people to keep and bear arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country.” – James Madison, I Annals of Congress 434, June 8, 1789“…the ultimate authority, wherever the derivative may be found, resides in the people alone…” – James Madison, Federalist No. 46, January 29, 1788William Pitt Gun Quotes“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.” – William Pitt (the Younger), Speech in the House of Commons, November 18, 1783Richard Henry Lee Gun Quotes“A militia when properly formed are in fact the people themselves…and include, according to the past and general usage of the states, all men capable of bearing arms, … To preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them.” – Richard Henry Lee, Federal Farmer No. 18, January 25, 1788“No free government was ever founded, or ever preserved its liberty, without uniting the characters of the citizen and soldier in those destined for the defense of the state…such area well-regulated militia, composed of the freeholders, citizen and husbandman, who take up arms to preserve their property, as individuals, and their rights as freemen.” -Richard Henry Lee, Gazette (Charleston), September 8, 1788Patrick Henry Gun Quotes“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…. The great object is that every man be armed. Everyone who is able might have a gun.” – Patrick Henry, Speech to the Virginia Ratifying Convention, June 5, 1778“Are we at last brought to such humiliating and debasing degradation that we cannot be trusted with arms for our defense? Where is the difference between having our arms in possession and under our direction, and having them under the management of Congress? If our defense be the real object of having those arms, in whose hands can they be trusted with more propriety, or equal safety to us, as in our own hands?” -Patrick Henry, Debates in the Several State Conventions on the Adoption of the Federal ConstitutionSt. George Tucker Gun Quotes“This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” – St. George Tucker, Blackstone's Commentaries on the Laws of England, 1803Thomas Paine Gun Quotes“The supposed quietude of a good man allures the ruffian; while on the other hand, arms, like law, discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The balance ofpower is the scale of peace. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside. And while a single nation refuses to lay them down, it is proper that all should keep them up. Horrid mischief would ensue were one-half the world deprived of the use of them; for while avarice and ambition have a place in the heart of man, the weak will become a prey to the strong. The history of every age and nation establishes these truths, and facts need but little arguments when they prove themselves.” – Thomas Paine, “Thoughts on Defensive War” in Pennsylvania Magazine, July 1775Samuel Adams Gun Quote“And that the said Constitution be never construed to authorize Congress to infringe the just liberty of the press, or the rights of conscience; or to prevent the people of the United States, who are peaceable citizens, from keeping their own arms; or to raise standing armies, unless necessary for the defense of the United States, or of some one or more of them; or to prevent the people from petitioning, in a peaceable and orderly manner, the federal legislature, for a redress of grievances; or to subject the people to unreasonable searches and seizures of their persons, papers or possessions.” – Samuel Adams, Massachusetts Ratifying Convention, 1788Joseph Story Gun Quote“The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them.” – Joseph Story, Commentaries on the Constitution of the United States, 1833Elbridge Gerry Gun Quote“What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty …. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.” – Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789Alexander Hamilton Gun Quotes“For it is a truth, which the experience of ages has attested, that the people are always most in danger when the means of injuring their rights are in the possession of those of whom they entertain the least suspicion.” – Alexander Hamilton, Federalist No. 25, December 21, 1787“If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.” – Alexander Hamilton, Federalist No. 28“[I]f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.” – Alexander Hamilton, Federalist No. 28, January 10, 1788“Little more can reasonably be aimed at, with respect to the people at large, than to have them properly armed and equipped; and in order to see that this be not neglected, it will be necessary to assemble them once or twice in the course of a year.” -Alexander Hamilton, Federalist No. 29 January 9, 1788Tench Coxe Gun Quotes“As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” – Tench Coxe, Philadelphia Federal Gazette, June 18, 1789“The militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American … the unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.” -Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788John Dickinson Gun Quote“With hearts fortified with these animating reflections, we most solemnly, before God and the world, declare, that, exerting the utmost energy of those powers, which our beneficent Creator hath graciously bestowed upon us, the arms we have compelled by our enemies to assume, we will, in defiance of every hazard, with unabating firmness and perseverance employ for the preservation of our liberties; being with one mind resolved to die freemen rather than to live as slaves.” -John Dickinson, July 6, 1775Roger Sherman Gun Quote“(C)onceived it to be the privilege of every citizen, and one of his most essential rights, to bear arms, and to resist every attack upon his liberty or property, by whomsoever made. The particular States, like private citizens, have a right to be armed, and to defend by force of arms, their rights, when invaded.” -Roger Sherman, Debates on 1790 Militia ActZachariah Johnson Gun Quote“The people are not to be disarmed of their weapons. They are left in full possession of them.” -Zachariah Johnson, Virginia Ratifying Convention, June 25, 1788Source: Gun Quotes From Our Founding Fathers – 2nd Amendment

Q: As an atheist American, how do you feel about the claim "America is a Christian nation"?I think it’s ridiculous, regardless of whether the claim is that “America is a Christian nation” or that it was somehow “founded on Judaeo-Christian values” or what have you. The actual historical evidence is that the founders of our country specifically chose to establish the U.S.A. as a secular country (despite one—and only one—mention of “God” in the Declaration of Independence) and even went so far as to enshrine the principle of separation of church and state into the very fist amendment to the Constitution. They certainly could have specified time and again that America was being founded on Christian principles and that it was meant to be a Christian country, but they specifically chose not to.[As an aside, I have yet to see anybody explain what these supposed “Christian values” or “Christian principles” are, at least insofar as they are values and principles unique to Christianity.]As I have written extensively elsewhere:[1]Is America a Christian Nation Founded on Judaeo-Christian Values?Time and again, when ostensibly devout Christians here in America want to exercise their right to discriminate against those who do not share their beliefs, they trot out the well-worn nostrum that “America is a Christian nation” or “America was founded on Judaeo-Christian values” as a justification. This “foundation on Judaeo-Christian values” bit is so important, in fact, that some people even think its appropriate to put large stone monuments commemorating the Ten Commandments in courthouses.But was America or its laws actually founded on Judaeo-Christian values (to the exclusion, presumably, of all other values)?Well, to start with, we have the First Amendment to the United States Constitution, which states in part:Congress shall make no law respecting an establishment of religion…So, given the fact that the founders certainly could have specifically stated that America was a Christian nation founded on Judaeo-Christian values and instead chose to state that would be no official state religion, it certainly seems as though the founders at least didn’t think that their new country was a Christian nation founded on Judaeo-Christian values. But maybe that was just an oversight on their part.Well, what about Article Six of the very same Constitution, which states in part:[N]o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.Again, the founders could have stated that only good, God-fearing Christians would be eligible to serve in public office, but instead chose to say that it essentially didn’t matter what religion (if any) somebody belonged to. Still, maybe they just assumed that all Americans would be Christians and this was to prevent bickering between, say, Catholics and Protestants. Hey — it’s possible, right?And then, of course, we have the famous “Separation of Church and State” as described by Thomas Jefferson:I contemplate with sovereign reverence that act of the whole Americanpeople which declared that their legislature should “make no law respecting an establishment of religion, or prohibiting the free exercise thereof,” thus building a wall of separation between Church & State.But surely Thomas Jefferson was an outlier, right? One wacky “deist” in a sea of devout Christians, obviously. Surely the rest of the founders and early Americans were confident that America was, first and foremost, a Christian nation and were not afraid to announce this fact openly, right? Well, not according to the Treaty of Tripoli, which was submitted to the Senate by President John Adams, received unanimous ratification from the U.S. Senate on June 7, 1797, and states in part:As the Government of the United States of America is not, in any sense, founded on the Christian religion; as it has in itself no character of enmity against the laws, religion, or tranquility, of Mussulmen [Muslims]; and as the said States never entered into any war or act of hostility against any Mahometan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.But, hey — maybe they were just lying for the sake of getting the treaty done. Not that lying is exactly a “Christian” value, mind you, but that’s politics for you.OK, so depending on your point of view, it’s either blindingly obvious that the founders of this great country did not think that America was founded on Judaeo-Christian values or else it’s blindingly obvious that none of the facts provided above have anything whatsoever to do with the issue and can be safely ignored (“Nothing to see here, folks, move along”). Fine. For those in the latter camp, however, how about we explore exactly what these supposed “Judaeo-Christian values” actually are and see if they do, in fact, form the foundation of our laws.First up, of course, is the Ten Commandments, which is seen by many American Christians to be the foundation of U.S. law, to the extent that some would erect statues of the 10 Commandments right in the lobby of courthouses, as mentioned earlier. There are various versions, but here’s the most common list:Thou shalt have no other gods before me.[Hmmmm… I don’t see that enshrined anywhere in the Constitution or other laws of the United States. In fact, as mentioned above, the First Amendment of the Constitution specifically says that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” You’d think that if America were indeed founded on Judaeo-Christian values the first and arguably most important commandment would be called out somewhere, right? Interesting…]Thou shalt not make unto thee any graven image.[Hmmmm… Again, I don’t see anything about this mentioned anywhere in the Constitution or other laws of the United States. And it’s kinda ironic that somebody would fight to erect a large graven image of the 10 Commandments in front of a court of law, doncha think?]Thou shalt not take the name of the Lord thy God in vain.[Nope, still not seeing it. One could argue, by the way, that putting “In God We Trust” on our money is a direct violation of this commandment. There’s a reason why observant Jews write “G-D” instead of “God”. Ah, well… moving on!]Remember the sabbath day, to keep it holy.[Ah, yes — this must be why we have all those laws prohibiting football games and NASCAR races on Sundays. Oh wait, never mind. As an aside, did anybody else find it hilarious when, after 9/11, everybody started singing “God Bless America” at sporting events held on Sundays? Just me, huh? OK, fine.]Honour thy father and thy mother.[You know, the Old Testament was really explicit about this one. In fact, Deuteronomy 21:18-21 specifically states that if you have a disobedient child, you need to take them outside and have them stoned to death. Gotta love those old time family values! Regardless, I’m not aware of anything in the Constitution or other laws of the land dealing with this. ]Thou shalt not kill.[Bingo! We have a winner! This one is definitely in the Constitution. Isn’t it? OK, so it actually isn’t. We do have the nifty Second Amendment right to bear arms, though, so I guess it’s OK to kill in some circumstances. But, what the heck — let’s give this one to them, since there are plenty of English common law statutes dating back hundreds of years that prohibit murder.]Thou shalt not commit adultery.[Um, yeah. Sorry, no laws against adultery. Which is good, I suppose, since most of the politicians would be in jail. Remember back in 2012 and the only Republican running for president that hadn’t had more than one wife was the Mormon? Good times, good times.]Thou shalt not steal.[Again, not in the Constitution, but plenty of examples from English common law. So we’ll give it to the Christians. That’s what, 2 out of 8 so far? Hmmmm… In other news, it’s a darn good thing that “steal” doesn’t include manipulating the tax code to avoid paying ones fair share of taxes to contribute to the common good, right? I mean, am I right, or am I right?]Thou shalt not bear false witness against thy neighbor.[Not really sure about this one, to be honest. Nothing in the Constitution (again), but plenty of laws regarding perjury in a court of law. That probably counts, so that makes 3 of 9 so far. w00t!]Thou shalt not covet (thy neighbor’s house, wife, servants, animals, or anything else).[OK, I’m going to go out on a limb here and call this commandment positively un-American on its face. I mean coveting your neighbor’s, well, everything, is what capitalism is all about and is what makes this country so great in the first place, capisce? Well, maybe not quite, but there still ain’t any laws against it, and that’s a fact!]OK, so the final tally from the Ten Commandments is a pretty poor showing of only 3 out of 10. Maybe. Not looking so good for this myth so far, but let’s see what a selection of values described in the New Testament can tell us:Thou shalt love the Lord thy God with all thy heart, and with all thy soul, and with all thy mind.[Nope, just a restatement of the first of the 10 Commandments. Nothing to do with the U.S. And remember, according to the Biblical account, Jesus said this was the most important commandment of all, so it seems odd not to have it actually enshrined anywhere in our laws.]Thou shalt love thy neighbor as thyself.[Nice enough sentiment (and in no way original to Christ’s teachings), but not really enshrined anywhere or officially part of U.S. values.]Religion that God our Father accepts as pure and faultless is this: to look after orphans and widows in their distress and to keep oneself from being polluted by the world.[Interesting how so many conservative Christians think we need laws to prevent gay marriage and abortions due to “Bible principles” and yet rail against government programs that “force people” (via taxes) to care for the poor, the widowed, the orphans, etc. Suddenly, it’s a bad thing for the government to “force” anybody to follow Biblical principles (when it’s a principle they don’t actually want to follow themselves, of course). I’m just saying…]Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: But I say unto you, That ye resist not evil: but whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also.[Well, seeing as how the United States spends more on its military than, what, the next top ten countries combined, I’m going to give this one a big fat “NOPE!” There’s also that pesky “right to bear arms” enshrined in the Second Amendment to the Constitution to consider. And as for giving people more than what they ask for if they sue you, well, that alone would put more than half the lawyers in this country out of business, wouldn’t it?]Judge not, that ye be not judged.[Well, there goes our entire legal system down the drain…]And so on and so forth. Yes, one could try to abstract the “Judaeo-Christianvalues” into some sort of core beliefs like “treat individuals with respect” or something, but that’s just a modern gloss on what the scriptures that form the basis of Judaeo-Christian values actually state.And please, don’t even get me started on all the other Biblical laws that most modern-day Christians wholly write off as not applicable. I mean, it’s vitally important that gay people not be allowed to marry since the Bible says that homosexuality is wrong, but divorce? Eating shrimp? Owning slaves (OK, sorry, that one actually was in the Constitution to start with until the 13th and 14th Amendments came along…)Footnotes[1] Is America a Christian Nation Founded on Judaeo-Christian Values?