California Probate Forms - Estate Tax Forms: Fill & Download for Free

I read the other answers. I was on the frontlines of settling my father’s, mother’s, and younger brother’s estates. They all died intestate.Most of the other answers said the estate would have to go through probate.This is only true if the value of the estate exceeds the amount specified for requiring probate. (In California, the threshold for probate is $166,250; the threshold varies by state.)So: start by Googling what your state’s threshold for probate is.Then, is the value of the estate more or less than the probate threshold?If it’s more than the probate threshold, you can either file the paperwork yourself to start the process of probate or you can retain a lawyer.Virtually every state has an information page on the internet that gives information about starting probate. Here are some examples:Is Probate Needed? (Oklahoma)Wills, Estates, and Probate (California)Probate | NY CourtHelp (New York)Just Google the name of the state and the word “probate,” e.g., “Florida probate.”If the value of the estate is less than the probate threshold, the procedure for claiming the estate is a lot less “official.”For starters, you’ll need copies of the decedent’s death certificate. (You will probably also need copies of birth certificates of any legatees under the laws of intestate inheritance for your state, plus death certificates for any potential legatees that predeceased the person whose estate you’re settling, possibly someone’s marriage certificate.). All the certificates must be official.You may need to execute a document called something like a “small estate affidavit.”Then you start the process of closing out the decedent’s accounts, paying outstanding bills, possibly changing title to motor vehicles owned by the decedent.Here’s the “fun” part of doing that:You will find that in many cases, the people you interact with at banks, credit unions, savings and loans, etc. are as ignorant of the procedures involved as you are. Be patient with these people; most of them are conscientious and trying to be helpful, but there are rules that have to be followed.You will learn things you never knew. For example, if you file a form with the post office that informs the postal authorities of the death of the person, that might stop mail from being delivered to the decedent’s address. This can be a problem for you: when you go to shut off the accounts for things like cable TV service, telephone service, utilities, etc., you need an account number. If the decedent didn’t have their account records neatly organized and readily available, you need to wait for bills to arrive in the mail so you can get the account numbers.You may find surprises when you start settling the estate. When my father died, I found he hadn’t paid income taxes for several years and that the IRS had liens against his bank accounts. Surprise!If there are multiple heirs to the estate, it’s best for one heir to become the point-of-contact and administrator for the estate. Having multiple people trying to deal with things can be confusing.Dividing an estate brings out the worst in people. Enough said.Good luck.

Immediately After DeathImmediately after someone dies, several things need to happen. First, a medical professional will need to fill out the Pronouncement of Death form. Then arrangements will have to be made to move the body from its place of death. Finally, a death registration form must be completed and filed with the county in which the person died. And, if the person dies out of state (away from their home) or out of the country there are additional steps that will need to be taken.Pronouncement of death and transportationRegistration of the death and death certificatesDeath out of stateDeath out of the countryTransporting ashesPronouncement of death and transportationArrangements will need to be made to transport the body to a mortuary, crematory or the coroner’s office unless there is going to be a home burial service. However, before the body can be moved anywhere, a medical professional will need to complete a Pronouncement of Death form. The date and time on the form will become the official time of death.If it appears that the death was not from natural causes, the Coroner’s office will be contacted to see if an autopsy needs to be done.If the death occurs in a hospital:Someone at the hospital will complete the Prouncement of Death form.Federal law requires the person completing the Pronouncement of Death form to notify the hospital’s organ procurement staff. The organ procurement staff will talk with the family about the opportunity to donate organs or tissue.The hospital or a family member will call the funeral home and make arrangements for the body to be picked up and transferred to a funeral provider or other designated facility. If the hospital has a morgue, they may transfer the body there while waiting for transportation.If the death occurs at home:Someone will have to call 911 and request that a person be sent to the house to complete the Pronouncement of Death form. If hospice was involved, they can complete the form.If the death is a result of an accident:Pronouncement of death may be at the scene of the accident or the body may be taken to a hospital or a coroner’s office, where the pronouncement will occur.If the death is in a nursing home:Medical professionals there can also complete the form.The nursing staff there will arrange for an immediate pickup of the body since they don’t have a morgue in which to store the body. In fact, most nursing homes, as part of their admitting practice, require the identification of a funeral establishment in case of death. Then the nursing home can make arrangements to transfer the body to that funeral home if they can’t immediately locate the next of kin.If arrangements have been made to donate the body to medical science:The next of kin or designated agent should notify the medical institution with which the deceased made prior arrangements to ask what they want done with the body. A contact name and phone number should be available in the contract provided by the medical institution. FYI, the contract should specify whether the institution or the estate will be for transportation of the body.If death is unexpected, traumatic or suspicious, or the cause of death cannot be documented on the death certificate:The body may need to be taken to the coroner’s office where an autopsy will be performed to determine the cause. Different county and state laws determine whether the coroner is required to examine the body.If an autopsy is to be performed, the state in which the person died may require a family member to sign an authorization form. Some counties have funds available for autopsy and body transportation; others may charge for these services.Once the autopsy has been completed, the body will be released.ReturnRegistration of the death and death certificatesState laws require the funeral provider, coroner or person in charge of a home funeral to complete the following:Death Registration form – This form collects two types of information about the deceased. The first is demographic information and is usually provided by the deceased’s family. The second type identifies the cause of death; that information is provided by a physician or coroner.Burial Permit form – identifies the type of disposition that has been chosen and also states where the deceased will be buried or where and how the ashes will be scattered.Both of these forms must be submitted to the County Recorder in the county in which the deceased died for review and approval. The body cannot be disposed of without them having been signed by the County Recorder. After disposal, the entity responsible for that disposal must sign the Burial Permit form and return it to the County Recorder.FYI, the county office processing death registration forms is called different names in different counties and states including the Department of Health, the Department of Vital Statistics or the Recorder’s Office.Once the County Recorder has certified the death registration form as complete and accurate, they can provide:A Certified Death Abstract (commonly called a Death Certificate) printed on official paper. This certified death abstract is the document most organizations require as proof of the death. For example, if the deceased had a life insurance policy, the company will not provide benefits without this proof of death.The executor of the estate must pay a fee for every copy of this form that is needed; it varies by state but usually ranges between $10 and $15 each. An original certified death abstract includes the signature of the County Recorder as well as the county seal. Some organizations processing death claims will accept a photocopy of the death certificate but many require an original. On average, ten certified death abstracts are required to settle an estate.The certified copy of the death registration form is called a Certified Death Abstract because the information on it is an abstract of the data actually collected on your death registration form. The abstract only lists the name of the deceased and his or her date of birth. The death registration form also collects the cause and place of death information, which is provided by a physician or a coroner.Most mortuaries or crematories can help the designated agent or executor to obtain certified original death abstracts by requesting them when they submit the death registration form to the county in which the deceased died. They will pay the certified death registration fees to the county and then bill these costs as part of the funeral. If the funeral director does not do this, or if the funeral agent or executor finds that they need additional originals, they will need to visit the county recorder and request them. Because certified death abstracts are often used in identify theft, some states now require any later requests for death certificates to be submitted on notarized forms.A copy of the Death Registration form is kept on file in the County Recorder’s office where the death occurred for a period of time which varies by state. The County Recorder then forwards the approved Death Registration form to the State Department of Vital Statistics where the signed death registration will be stored as a permanent record.The designated agent, executor or next of kin should check the death registration form carefully for any errors. If the date of death is entered incorrectly, the printed death certificate will show the wrong date of death, which could be a problem in closing out accounts, settling insurance claims, etc.ReturnDeath out of stateIf the deceased died out of state and desires a traditional burial service, their designated agent or a family member will probably need to arrange to transport their body back home. This will require the coordination of a funeral home in each city. Most funeral homes have relationships with world-wide agencies that specialize in shipping bodies home. If a body is shipped on a common carrier, it must be embalmed prior to shipping or sealed in an airtight casket or transportation container.The cost for shipping human remains via air within the United States ranges from $275 to $1,500 plus applicable tax. For example, to ship a body from California to New York costs $525; from Florida to Massachusetts costs $305.Source: Delta Cares – a division of Delta Air Lines – published rates 6/09Two other options can also be considered:A funeral and burial in the city in which the death occurred.Cremation in the city of death and then shipment of the cremains.If the deceased purchased a pre-need funeral policy, it may be transferable to the city in which the deceased actually died. It depends on the actual policy and the state in which the deceased officially resided. Whoever is handling funeral arrangements should contact the funeral home with whom the deceased signed a contract to find out what should or can be done.Involving the funeral home that will be used for the funeral is usually a good first step. They can help to arrange transportation, etc.ReturnDeath out of the countryIf the deceased died outside of the United States, the designated agent or a relative should contact the United States Consulate in the country in which the death occurred and they should be asked for help in making the arrangements for the return of the body or for its disposition in the foreign city. See http://usembassy.state.gov/ for a list of the consulate addresses and phone numbers.The U.S. Department of State should also be contacted for further information and help.Certain documents are required by U.S. and foreign countries’ laws before remains can be sent from one country to another and those documents may vary depending on the circumstances of the death.A U.S. consular mortuary certificate-prepared by the U.S. consular office, and will be required if the body is being returned to the United States. This document, written in English, contains necessary information including the cause of the death. Generally, if the remains have been embalmed, the documentation which accompanies the consular mortuary certificate will satisfy U.S. public health requirements.A foreign death certificate provided by the U.S. consular mortuary (if available).The affidavit of the foreign funeral director – This document attests that the casket contains only the deceased’s body and clothing, plus packing materials.The body transmit permit – It will accompany the remains to the United States and is issued by local health authorities at the port of embarcation.A bill of lading – If the remains are not accompanied by a passenger, a bill of lading must be issued by the airline carrier to cover the body’s transportation.Report of Death of an American Citizen Abroad- Prepared by the Consular Officer, this report includes the essential facts concerning the death, planned disposition of the remains and custody of the deceased’s personal effects. It may also serve as a death certificate in the United States for probate, inheritance and other purposes. The next of kin will also find this report helpful in dealing with insurance companies, Social Security Administration, Department of Veterans Affairs, financial institutions such as banks and credit card companies, or any other situation in which proof of death is needed.If the remains have not been embalmed, the U.S. consular officer should alert U.S. Customs and the U.S. Public Health Service at point of entry in advance, faxing copies of the consular mortuary certificate, local death certificate (if available), affidavit of the foreign funeral director and a formal statement from competent foreign authorities stating that the individual did not die from a communicable disease. Otherwise, the deceased’s family may have a problem getting the body back into the United States.Once the body is received by a local funeral provider in the United States, that provider will complete the required death registration form and cremation or burial permit forms.If the deceased is a U.S. citizen and when he or she dies abroad there is no legal representative present in the country, the consular office usually notifies the deceased’s next of kin by official telegram relayed through the Department of State in Washington, D.C. The U.S. consular office will then receive instructions from the deceased’s legal representative and will arrange for disposition of the remains. The consul can also act as provisional conservator of the deceased’s personal effects, such as jewelry and clothing and will pay local debts such as a hospital bill, from funds available in the deceased’s estate of from funds received from the legal representation.Further information about document and assistance from the U.S. Consular Office is available at http://travel.state.gov/content/passports/en/abroad/events-and-records/death.htmlReturnTransporting AshesIf the body is cremated in an out of state or out of country location and the ashes are being brought home or taken to another location to be scattered, there are Department of Transportation (DOT) regulations that must be followed.If the urn is being transported as carry-on luggage, it MUST pass through the x-ray machine and be screened. Whoever is carrying the urn or other container needs to be sure it is made of a material that can be successfully x-rayed, such as wood, plastic or a non-lead lined ceramic. If the container is made of a material that generates an opaque image and prevents the security scanner from clearly seeing what’s inside, the container will NOT be allowed through the security checkpoint. And under no circumstances will a screener open the container or urn, even if the person carrying it requests this action.

Black Bear Ranch - WikipediaThe commune's legal ownership was held by one resident, Richard Marley, until in 1987 it was transferred to the Black Bear Family Trust, which limits development of the property and established trustees to oversee various specified duties.http://blackbearranch.org/about/black-bear-family-trust-document/JUNE 21, 1987 BLACK BEAR FAMILY TRUST1. Recitals of Common Understandings. In 1968 a group of people, desiring to establish a cooperative living situation in a forest setting, raised money from various sources and made a down payment on a piece of land (described below, and commonly known as Black Bear Ranch). The title, for convenience sake, and not to establish any particular ownership prerogratives, was placed in the name of one of their number–Richard Marley–who, along with others in the group, is named in this document among the settlors of this trust. Over the years many other people in addition to those who originally established Black Bear Ranch came to live on the land for various periods of time. Children were born there. These people, many feeling strong ties to the land and the people they lived with on the land, have come to form the Black Bear community. The purchase and financial maintenance of the land has always been understood to be a collective obligation which resulted in collective ownership.2. Declaration and Acknowledgement of Trust. Settlors and beneficiaries are people who have been involved with the Black Bear community and whose continuous understanding has been and is that the property was to be managed cooperatively with mutual responsibilities and obligations toward each other and toward the land. The “settlors” in this instrument are the individuals named in Exhibit A, attached hereto and incorporated herein by reference.The above mentioned settlors declare that they have set aside all that real property situated in Siskiyou County, State of California, known as Black Bear Ranch and described as follows:Southwest quarter of the Southeast quarter of the Southwest quarter of the Southwest quarter and the Southeast quarter of the Southwest quarter of the Southwest quarter of the Southwest quarter of Section 13, the South half of the Northeast quarter of the Northeast quarter of the Northeast quarter, the Southeast quarter of the Northeast quarter of the Northeast quarter, the Southeast quarter of the Southwest quarter of the Northeast quarter of the Northeast quarter, the West half of the Northeast quarter of the Southeast quarter of the Northeast quarter, the East half of the West half of the Southeast quarter of the Northeast quarter and the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 23 and the North half of the Northwest quarter of the Northwest quarter of the Northwest quarter, the Southwest quarter of the Northwest quarter of the Northwest quarter of the Northwest quarter, the West half of the Southwest quarter of the Northwest quarter of the Northwest quarter, and the Southwest quarter of the Southwest quarter of the Northwest quarter of Section 24, in Township 39 North of Range 12 West of the Mount Diablo Meridian, California Being the Same property contained in the Patent from the United States of America to John Daggett dated January 19, 1920, recorded March 4, 1920 in Liber 14, Patents, page 344.The settlors declare that the initial trustees of this instrument shall be Shem Korngold, Richard L. Marley, Fran Forim, Geba Greenberg, Gail Ericson and Eva Bess Pumpian-Mindlin. The trustees declare that the settlors have transferred and delivered to them, without consideration, the real property known as Black Bear Ranch described above.3. Purpose of Trust. The purposes of this trust are: To continue Black Bear Ranch in the spirit embodied in Paragraph 1, as a vital forest community. To preserve Black Bear Ranch in ecological harmony. Black Bear Ranch is to be managed harmoniously with nature, and with a view to preserving the water, soil, wildlife, and forest resources and ecological balance as thoroughly as practicable. Toward these ends the settlors desire that the trustees and beneficiaries act as stewards of the land with the greatest sensitivity to, and nurturing of, the forest community at Black Bear Ranch. Beneficiaries may visit or reside at Black Bear Ranch at times and under rules established under this trust in accordance with the goals and purposes laid out in this instrument.4. Trust Irrevocable. This trust is irrevocable and shall not be subject to amendment, alteration, or change by the settlors. It may be amended, altered or changed by the beneficiaries only pursuant to the procedures specified in Paragraphs 16 and 17.5. Management of Property. The trustees are authorized to retain, purchase, or otherwise acquire unproductive real property. It is the specific intent of the settlor that the trustees shall not be required to manage the trust property so as to provide monetary income, but instead, the management goals specified in Paragraph 3 shall be followed. The trustees shall incur no liability to the beneficiaries for any failure to manage the trust property so as to produce income, provided the management goals in Paragraph 3 are being observed.6. Authority of Trustees to Act. Any action taken by the trustees unanimously shall be binding on the trust estate and may be relied upon by third parties dealing with the trustees.7. Powers of Trustees. The trustees shall have the following powers:a. To manage, control, grant options on, repair or improve the trust property.b. To convey, sell, exchange, partition or divide the property only in the event that the purposes of the trust cannot be fulfilled on the land.c. To lease the trust property for any purpose, provided, however that the trustees shall not have the power to execute any lease of trust property extending beyond the term of this trust.d. To loan or advance the trustee’s own funds to the trust for any trust purpose, with interest at current rates; to receive security for such loans in the form of a mortgage, pledge, deed of trust, or other encumbrance of any assets of the trust; and to sell property to the trust at a price not less than its fair market value as determined by an independent appraisal.e. To borrow money and to encumber the trust property by mortgage, deed of trust, pledge, or otherwise.f. To commence or defend such litigation with respect to the trust or any property of the trust estate as they may deem advisable, and to compromise or otherwise adjust any claims or litigation against or in favor of the trust.g. To carry insurance, if determined by the trustees in their absolute discretion to be economically feasible, of such kinds and in such amounts as they deem advisable, to protect the trust estate and the trustees personally against any hazard.h. To pay all taxes due on the trust property.8. No bond or Monetary Fees Required. No bond shall be required of any person named in this instrument as trustee, or of any person appointed as successor trustee in the manner specified here, for faithful performance of his or her duties as trustee. The trustees shall not be entitled to monetary compensation.9. Accountings. The trustees shall not be required to render any accounting pursuant to Probate Code Section 1138.1. However, a written account shall be rendered to the beneficiaries if requested by a vote pursuant to Paragraph 17. Thereafter, the trustees shall account to the adult beneficiaries and the written approval of the adult beneficiaries shall bind minor and contingent remaindermen.10. Exculpatory provisions. No trustee acting under this instrument shall be liable to any beneficiary or to anyone claiming an interest in the property under or through a beneficiary for the trustee’s acts or failure to act, except for willful misconduct or gross negligence. No trustee shall be liable or responsible for any act, omission, or default of any other trustee. No successor trustee shall be liable for any act, omission, or default of a predecessor trustee.11. Substitution and Replacement of Trustees. Upon the death, resignation or removal of any trustee, the beneficiaries may designate any adult as a successor trustee by vote pursuant to Paragraph 17. The beneficiaries may also remove any trustee and designate any adult as successor trustee by vote pursuant to Paragraph 17. After a vote for removal, the trustee removed shall be notified in writing delivered personally or by ordinary mail. A successor trustee designated by the beneficiaries may begin to act as trustee after depositing a written acceptance at Black Bear Ranch or mailing the same to the current address of the remaining trustees.12. Names of Beneficiaries. The initial beneficiaries of this trust shall be the individuals named in Exhibit B, attached hereto and incorporated herein by reference. The trustees shall be entitled to rely on the addresses statedherein unless and until they receive written notice of change of address.13. Beneficiaries’ Interests Not Transferrable. No interest in the trust property shall be anticipated, assigned, encumbered, or subjected to creditors’ claims. Beneficial interest in the trust property is indivisible. No individual may hold more than one beneficial interest in the trust property. A single beneficial interest in the trust property may be transferred only by inheritance. Any beneficiary may make a testamentary gift of his or her entire beneficial interest in the trust property by instructing that the trustees be notified under the terms of his or her will. Such notification must include the name and current address of the new trust beneficiary, and, if a minor, the date of birth. The new beneficiary must be a single individual. In the event of the intestate death of a beneficiary, his or her oldest living child (including one who has been legally adopted) shall become a beneficiary with all rights and obligations associated with beneficial interest in the trust property as though such new beneficiary were added as described in Paragraphs 15 and 17, provided, however that such new beneficiary must notify a trustee in writing of his or her current address, and, if a minor, date of birth, within one year of his or her parent’s death. The new beneficiary shall become a beneficiary immediately upon such notification. In the event that the oldest child is already a beneficiary, the beneficial interest shall pass to the next oldest child, continuing to pass in order of seniority to all living children. In the event that a beneficiary dies intestate without living children who can accept the beneficial interest, his or her beneficial interest will cease to exist and the number of beneficiaries shall be reduced by one.All testamentary transfers under this paragraph of beneficial interest in the trust property shall be restricted to spouses, children, grandchildren or siblings of beneficiaries first named in this original instrument. Children, grandchildren and siblings include those legally adopted.14. Renunciation of Beneficial Interest.a. Beneficiaries may renounce their interests in the trust property in two ways.b. Any beneficiary may renounce his or her interest in the trust property by delivering a written notice to that effect to any of the trustees.c. In the event that two consecutive votes shall have occurred during which one or more beneficiaries shall have failed to respond with any vote in person or by proxy, the trustees shall send, by certified mail, an address confirmation request to such beneficiary or beneficiaries. Should such beneficiary or beneficiaries fail to respond within one year of the date of such mailing with written notification of current address, such beneficiary or beneficiaries shall be conclusively presumed to have renounced his, her or their beneficial interest or interests under this trust.d. After a renunciation pursuant to this paragraph, a former beneficiary shall have no further beneficial or legal interest in the trust property and shall not be entitled to vote under Paragraph 17. Any beneficiary who shall have renounced his or her interest may subsequently be appointed as an additional beneficiary pursuant to the procedures specified in paragraphs 15 and 17.15. Additional Beneficiaries. Beneficiaries may be added in three ways.a. The beneficiaries at any given time may appoint additional beneficiaries other than themselves, their estates, their creditors, or the creditors of their estates, by vote under the procedures of Paragraph 17. The trustees shall be notified in writing of the names and addresses of any additional beneficiaries so appointed, and, if they are minors, of their dates of birth.b. All those people who, from the date of creation of this trust until its termination, shall have resided at Black Bear Ranch and slept no less than 270 nights in any twelve month period on the property described herein as Black Bear Ranch shall be beneficiaries of this trust, provided, however, that new beneficiaries must declare in writing to a trustee in writing under penalty of perjury that they have fulfilled the above-mentioned residency requirement, and must notify a trustee in writing of their current addresses, and, if minors, of their dates of birth, within one year of such residency.c. Testamentary transfers under Paragraph 13.d. Such new beneficiaries shall become beneficiaries on the date of written notification to the trustees. Thereafter, such additional beneficiaries shall have all the same rights, privileges, and duties an the beneficiaries named in Paragraph 12, including the right to vote pursuant to the procedures of Paragraph 17.16. Amendment or Termination of Trust by Beneficiaries. This trust may be amended, altered, changed or terminated by the beneficiaries by a vote held under the procedures set out in Paragraph 17. After such a vote, the trustees shall be notified in writing of any amendment, alteration or change adopted, and shall thereafter administer the trust in accordance with the adopted amendments, alterations or changes. If the trust in terminated by a vote pursuant to Paragraph 17, the trustees, after receiving written notification, shall convey the trust assets to the beneficiaries, in fee, an tenants in common. It would be in accordance with the purpose of this instrument for the beneficiaries, according to procedures established in Paragraphs 4 and 17(e), to modify or terminate this trust in favor of an agreement by which Black Bear Ranch becomes an asset of a non-profit corporation or other entity which may better carry out the goals and purposes established in Paragraph 3 of this instrument.17. Voting Procedures. Under this instrument the beneficiaries are entitled to vote on several kinds of decisions: requesting an accounting from the trustees under Paragraph 9, removing and replacing trustees under Paragraph 11, naming additional beneficiaries under Paragraph 15, and amending or terminating the trust under Paragraph 16.a. Any group constituting one-tenth of the living beneficiaries 18 years of age or older may call for a vote by requesting any trustee in writing to hold an election.b. Thereafter, the trustees shall give notice that a vote shall be held at Black Bear Ranch by posting a written notice prominently at Black Bear Ranch and mailing such notice by ordinary mail to the last known addresses of those beneficiaries 18 years of age or older not then residing at Black Bear Ranch. Such notice shall be posted and mailed no later than 90 days before a scheduled vote and shall include the current address of each of the trustees.c. At the time mentioned in the notice, the vote shall take place. All beneficiaries 18 years of age or older shall be eligible to vote in person. Such beneficiaries may also vote by written proxy delivered or mailed to any trustee at his or her current address other than one subject to a removal vote under Paragraph 11, provided such proxy is received by the trustee not less than 30 days prior to the date fixed for the scheduled vote.d. In order for a vote to be valid, those voting in person or by proxy must constitute at least one-fourth of the number of living beneficiaries 18 years of age or older who voted in the most recent previous vote (the first vote shall have as its quorum at least one fourth of all living adult beneficiaries), provided, however, that an election to designate a successor to a trustee who has died or resigned shall not require any specific quorum. A vote to abstain shall be deemed a vote.e. A vote for the removal of one or more trustees, or for the naming of additional beneficiary or beneficiaries, or for requesting an accounting, or for the amendment or termination of this trust, shall succeed only by unanimous vote of those voting in person and by proxy, provided, however, that no trustee shall be entitled to vote in a Paragraph 17e election.f. A vote for the election of a successor trustee shall be decided by simple plurality: the individual who receives the most votes shall become the successor trustee upon his or her acceptance.18. Termination of Trust. This trust shall terminate 60 years from the date of this instrument, or at such time as there is only one remaining living beneficiary, which ever shall first occur. Upon such termination, the entire trust estate shall be conveyed to the surviving beneficiary or beneficiaries as tenants in common, free from trust.19. Law Governing; Severability provision. This trust has been accepted by the trustees and will be administered in the State of California, and its validity, construction and all rights under it shall be governed by the laws of that state. If any provision of this instrument shall be invalid or unenforceable, the remaining provisions shall continue to be effective.20. No-Contest Clause and Elimination of Rights Under Probate Code Section 1138-1. If any beneficiary or trustee under this trust, singly or in conjunction with any other person or persons, shall contest in any court the validity of this trust or shall seek to obtain an adjudication inany proceeding in any court that this trust or any of its provisions are invalid or seek otherwise to nullify or set aside this trust or any of its provisions, then the right of that person to take, which is given to him or her by this trust, shall be determined as it would have been determined had the person predeceased execution of this declaration of trust without surviving issue, and such person shall no longer be a beneficiary or trustee.The trustees are hereby authorized to defend any contest or other attack of any nature on this trust or any of its provisions.No trustee, beneficiary, or remainderman shall have authority to petition the court under Probate Code Section 1138-1.Executed at Black Bear Ranch, Siskiyou County, California on June 21, 1987.TRUSTEES:/s/ Shem KorngoldFran ForimGail EricsonRichard L. MarleyGeba GreenbergEva Bess Pumpian-Mindlin