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Massachusetts Living Trust for Husband and Wife with One Child

State:
Massachusetts
Control #:
MA-E0177
Format:
Word; 
Rich Text
Instant download

Description

This form is a living trust form prepared for your state. It is for a husband and wife with one child. A living trust is a trust established during a person's lifetime in which a person's assets and property are placed within the trust, usually for the purpose of estate planning. The trust then owns and manages the property held by the trust through a trustee for the benefit of named beneficiary, usually the creator of the trust (settlor). The settlor, trustee and beneficiary may all be the same person. In this way, a person may set up a trust with his or her own assets and maintain complete control and management of the assets by acting as his or her own trustee. Upon the death of the person who created the trust, the property of the trust does not go through probate proceedings, but rather passes according to provisions of the trust as set up by the creator of the trust.
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  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child
  • Preview Living Trust for Husband and Wife with One Child

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FAQ

Q: Can a person have more than one trust? A: Yes, it is not that uncommon for a person to be the beneficiary of multiple trusts. However, caution should be used. Trusts come in many shapes and sizes and can serve multiple purposes and can be established by you or by someone else for your benefit.

To be clear, yes, you may have one, two, or more living trusts. As with all estate planning questions, though, whether or not multiple trusts make sense for you depends on your circumstances.

In California, surviving spouses already receive all of the community property upon the death of their spouse.However, creating a joint will is still an option in California, and while it might help a couple save some time and money on their estate plan, it can also lead to some complex problems.

At the time of your death, the assets in your family trust are protected by the exemption, and the assets in your marital trust are protected by the marital deduction. No estate taxes are due.

Joint trusts are easier to fund and maintain.In a joint trust, after the death of the first spouse, the surviving spouse has complete control of the assets. When separate trusts are used, the deceased spouses' trust becomes irrevocable and the surviving spouse has limited control over assets.

Q: Can a person have more than one trust? A: Yes, it is not that uncommon for a person to be the beneficiary of multiple trusts. However, caution should be used. Trusts come in many shapes and sizes and can serve multiple purposes and can be established by you or by someone else for your benefit.

Separate trusts may offer better protection from creditors, if this is a concern. For example, at the death of the first spouse, the deceased spouse's trust becomes irrevocable, which makes it harder to access by creditors. And yet the surviving spouse can still access it for income and other needs.

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.

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Massachusetts Living Trust for Husband and Wife with One Child