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Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
After one spouse dies, the surviving spouse is free to amend the terms of the trust document that deal with his or her property, but can't change the parts that determine what happens to the deceased spouse's trust property.
A revocable living trust becomes irrevocable once the sole grantor or dies or becomes mentally incapacitated. If you have a joint trust for you and your spouse, then a portion of the joint trust can become irrevocable when the first spouse dies and will become irrevocable when the last spouse dies.
Money in joint accounts Normally this means that the surviving joint owner automatically owns the money. The money does not form part of the deceased person's estate for administration and therefore does not need to be dealt with by the executor or administrator.
The general principle. The general starting point in cases of jointly held bank accounts is that on the death of one of the account holders, the account balance passes in its entirety, by the 'principle of survivorship', to the surviving account holder.
What happens in this type of trust is that the trust is a joint revocable trust when both spouses are alive. When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse.
Trusts can be both single and joint. A single living trust involves just one individual, while a joint living trust usually involves a married couple. Joint living trusts are commonly used to transfer assets between spouses upon one spouse's death.
While there's no limit to how many trustees one trust can have, it might be beneficial to keep the number low. Here are a few reasons why: Potential disagreements among trustees. The more trustees you name, the greater the chance they'll have different ideas about how your trust should be managed.
Joint trusts are also revocable living trusts, set up to hold all of the assets of a married couple and to provide access to the trust assets for both. Typically, at the first death, half of the assets receive a step-up in basis, but all of the assets stay in the trust.
Or she may have named someone else to act as co-trustee with you. The living trust document should say whether you and any co-trustees can make decisions alone or must agree on decisions, either unanimously or by majority rule. If no instruction is given, Arizona law allows decisions by majority rule.