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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.
Recommended for you For married couples, a Joint Revocable Trust might be able to offer a sense of confidence that begins the day you both sign. Read more about Joint Trusts and whether or not they're a smart choice for your circumstances.
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.
Cotrustee (also known as joint trustee) refers to a manager of a trust with multiple trustees. A trust can be established with numerous trustees which may be necessary for large trusts or those involving complex assets.
Each spouse is required to manage their own trust, but they can name the other spouse as co-trustee so they both can control all assets.
Yes, but naming the surviving spouse, as a Trustee should be done only after reviewing all the facts and counseling with your advisors. In a ?first time? marriage where both spouses have great confidence in each other, it is common for the surviving spouse to be designated as a Trustee of the Family and Marital Trusts.
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 basic revocable joint trust agreement (also referred to as a trust instrument or declaration of trust) for married couples that can be customized for use in any US jurisdiction. Married individuals as joint settlors may use this trust to hold and administer their assets and property during their lifetimes.