ARTICLE II
Parties
2.01 Grantor. MAUREEN K. O'HARE is the "GRANTOR".
2.02 Trustee. MAUREEN K. O'HARE, together with her successors in trust, are the "TRUSTEE."
2.03 Successor Trustee. MAUREEN A. BERRY and EDWARD G. O'HARE or the survivor of them, are the SUCCESSOR TRUSTEE hereunder.
ARTICLE V
Purpose
5.01 This Trust is established to benefit the beneficiaries who are named or described in this Trust. Such persons shall be known as the "beneficiaries". The Trust Property shall be held, administered and distributed by the TRUSTEE pursuant to, and in accordance with, the terms of this Trust, and any amendments hereto, for the above stated purpose,
ARTICLE VII
Family Distribution
7.01 Upon the death of the GRANTOR, the TRUSTEES shall distribute the Trust Estate, free of this Trust, in equal shares, one for each child of GRANTOR who shall survive the GRANTOR, and one for the issue of each deceased child who shall take by right of representation, except that, if DANIEL J. O'HARE shall have predeceased GRANTOR, then his share shall be distributed in equal shares to his siblings (the issue of any deceased sibling to take by right of representation). Such distribution shall be made as soon as soon shall be practicable. Until such distribution is completed, all of the income shall be paid at least quarterly to the beneficiaries in proportion to the shares to be distributed to them.
ARTICLE VIII
Trustees' Powers
8.08 Obligation to Report. The TRUSTEE agree to furnish annual statements to the beneficiaries receiving income hereunder, showing all receipts and disbursements during the period covered, and submit annually, a statement of profit. Such accounts shall be accounts stated, accepted and approved, except as to any items appearing therein with respect to which written exceptions or objections are made to the TRUSTEE within thirty (30) days from the rendition of any such statement, and all persons having contingent or remainder interests hereunder shall be bound thereby. The books of account of the TRUSTEE shall, at all reasonable times, be open to the reasonable inspection of such beneficiaries and such other persons as they may designate for that purpose.
ARTICLE XI
Definitions; Construction
11.01 For the purpose of this Trust, "children" means the lawful blood descendants in the first degree of the parent designated; and "issue" and "descendants" mean the lawful blood descendants in any degree of the ancestor designated; provided, however, that if a person has been adopted, that person shall be considered a child of such adopting parent and such adopted child and his issue shall be considered as issue of the adopting parent or parents and of anyone who is by blood or adoption an ancestor of the adopting parent or either of the adopting parents. The terms "child", "children", "grandchild", "heir", "issue", "descendant" and 'descendants" or those terms preceded by the terms "living" or "then living" shall include the lawful blood descendant in the first degree of the parent designated even though such descendant is born after the death of such parent.
Provided, however, when the term "GRANTOR'S child" or "GRANTOR'S children" is
used, said term shall refer to Edward G. O'Hare, Margaret M. 0'Hare-Huss, Maureen A. Berry, Daniel J. O'Hare, Eileen M. Maskell, Dennis V. O'Hare, Karen C. Haughney.
11.05 No person named in this Trust Agreement shall be deemed to be "incapacitated" unless the TRUSTEE shall have received one of the following:
(b) A duly executed medical report from each of two licensed physicians , one of whom shall preferably be the personal physician of such person, each certifying that he or she has examined the person and has concluded that, by reason of medically demonstrable condition or conditions, including physical or mental illness or disability , such person had, at the date thereof, become incapacitated or unable to act rationally and prudently in his or her own financial best interests;
June 6, 2016
To the O’Hare family:
I have delivered my resignation as successor trustee and resignation as attorney-in-fact to Maureen K O’Hare in person. My resignation as one of the Successor Trustee under the Maureen K. O’Hare Revocable Trust executed on February 19, 1997, effective immediately. I have also notified the lawyer Sim Shapiro.
Maureen Ann ______ is now accountable for all of Maureen K. O’Hare financial, healthcare and household affairs.
This is official notice that today, Monday, June 6, 2016, I have delivered the following files to Mother’s house:
1. Tax files and forms from the past 2 years for Maureen K. O’Hare
2. Health insurance forms and files for Maureen K. O’Hare
3. Credit card statements and files for Maureen K. O’Hare
4. Household utility bills for 23732 Beacon Drive for Maureen K. O’Hare
5. House mortgage and insurance bills and information for 23732 Beacon Drive for Maureen K. O’Hare
It has come to this. Maureen Ann ______ has chosen to handle our mother’s health, finance, and daily care without any assistance or input from me or her siblings. Therefore, she can also handle all that comes with that, including the management of mother’s financial stability and health. All of this is now Maureen Ann ______’s responsibility to ensure that all of mother’s bills are paid on time, health insurance is managed, mortgage and house insurance managed and paid, long-term investments and retirement accounts are managed and maintained, and income taxes are done in a timely and efficient manner for our mother, Maureen K. O’Hare.
Maureen Ann ______ is also responsible for creating and distributing an annual report to all beneficiaries. The annual report must show all receipts and disbursements during the period covered (January 1, 2016 Through December 31, 2016) and any year thereafter. Maureen Ann ______ must also submit annually a statement of financial condition to all Beneficiaries. These reports should be sent to all of Maureen K. O’Hare’s children (“beneficiaries”).
Sincerely,
Edward G. ______
MAUREEN K. O'HARE REVOCABLE TRUST
Maureen K O'Hare Revocable Trust 2-19-1997 (pdf)
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