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Furthermore, there are recurring administrative costs such as trustee fees, tax preparation fees, and legal fees. Ongoing Record-Keeping: Trusts also require meticulous record-keeping and can be complex to understand and manage. There is a strict legal framework that must be adhered to, which can be daunting for many.
Simple Living Trusts for Married Couples Simple living trusts are often considered the easiest kinds of trusts to set up and keep. In a simple living trust, a couple can share the control and benefits of the trust while they are living.
In many states, including California, property owned by a spouse before he or she is married is considered separate property and is not divided between spouses when they divorce. Trusts, if established before the marriage, are also considered separate property.
A trust is created when property is transferred by a written agreement, testamentary writing, or Court order. Before you can do that, you need to have the necessary documentation in place. Preferably not your name and/or surname, which would make it easy for creditors or SARS to track your trust.
Typically, when a married couple utilizes a Revocable Living Trust-based estate plan, each spouse creates and funds his or her own separate Revocable Living Trust. This results in two trusts. However, in the right circumstances, a married couple may be better served by creating a single Joint Trust.