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Upon the decedent's death, the typical "A/B Trust" is divided into two subtrusts, which are often referred to as the ?Survivor's Trust? and the "Decedent's Trust." It is called an A/B Trust because the Survivor's Trust is referred to as Trust A, and the Decedent's Trust is referred to as Trust B. (a) Survivor's Trust.
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.
1 A/B Trust?. Upon the decedent's death, the typical "A/B Trust" is divided into two subtrusts, which are often referred to as the ?Survivor's Trust? and the "Decedent's Trust." It is called an A/B Trust because the Survivor's Trust is referred to as Trust A, and the Decedent's Trust is referred to as Trust B.
There are many assets you can put in your trust, but there are also several that you shouldn't include: Retirement assets. ... Health savings accounts (HSAs) ... Assets held in other countries. ... Vehicles. ... Cash.
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. In most cases, spouses still have control over individual interests in a Joint Trust.