Alabama Revocable Trust Agreement when Settlors Are Husband and Wife
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How to fill out Revocable Trust Agreement When Settlors Are Husband And Wife?
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FAQ
A living trust can help you manage and pass on a variety of assets. However, there are a few asset types that generally shouldn't go in a living trust, including retirement accounts, health savings accounts, life insurance policies, UTMA or UGMA accounts and vehicles.
In most cases, the settlor, trustee, and beneficiary are the same person (at least until that person dies or becomes incompetent). In other words, if you set up a Living Trust, you can be the settlor, the trustee and the beneficiary of the trust.
Separate trusts may be a good option for couples who own separate property that they brought into the marriage, either from inheritances or previous marriages, but they can be more expensive and more complicated to administer. Joint trusts, on the other hand, allow for more flexibility.
In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means there's less asset protection, because if there's ever a judgment over one of the spouses, all of the assets could end up being at risk.
A joint spousal trust is an inter vivos trust created after 1999 by a spouse who was aged 65 or over at the time, or by both spouses if they were both aged 65 or over at the time. The spouses have the exclusive right, during their lifetimes, to receive all income from the trust.
A disadvantage of a SLAT is that upon the non-donor spouse's death, the donor spouse no longer has indirect access to the trust assets. Instead, the trust may either terminate and be distributed to or continue for the benefit of the donor's children and other family members.
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.
In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means there's less asset protection, because if there's ever a judgment over one of the spouses, all of the assets could end up being at risk.