Joint Revocable Trust In Florida
Description
How to fill out Consent To Revocation Of Trust By Beneficiary?
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FAQ
A Florida Community Property Trust (FLCPT) is a joint trust that holds the assets of a married couple, and, while both spouses are alive, the assets generally may be used for their benefit.
There are some drawbacks though. For example, a Joint Trust may not offer asset protection in cases of creditors or judgements against either spouse. Because everything is in one Trust, all assets would be vulnerable to judgements. Another possible disadvantage could be a lack of flexibility after one spouse's death.
The joint revocable living trust should be revocable and subject to amendment by either spouse or both spouses acting together during the joint lifetimes of the spouses. If the trust is revoked, its assets will be distributed to the spouses as they direct.
The surviving spouse is the sole Settlor/Trustee/Beneficiary if one dies. In short, nothing changes. The surviving spouse manages the Trust and its assets as they see fit. For example, if the surviving spouse desires to, they can amend the Trust, add or remove assets, change future beneficiaries, etc.
A revocable trust automatically becomes irrevocable upon the death of the grantor. Some married couples opt for a joint revocable trust, which does not become irrevocable until both spouses have passed away. When a trust becomes irrevocable, that means the successor trustee cannot make any changes to it.