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A living trust, also known as an inter-vivos trust, is made during the lifetime of the trustor. The trustor can use the assets in the trust during his or her lifetime. Once the trustor dies, the assets transfer to the designated beneficiaries.
By placing assets in a Lifetime Trust before death, this removes the risk of those assets being inherited by someone else's family. Whether you have a Will or not, people can come forward and claim a share of your estate. For those assets placed in a Lifetime Trust, then they are protected from these claims.
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.
Unlike trusts in wills, which take effect only after your death, a lifetime trust allows you to transfer the ownership of some or all of your assets to a trust while you are still alive. Those assets become the property of a lifetime trust which must be managed and looked after.
A lifetime trust, also called a lifetime asset protection trust (LAPT) is a special type of trust designed to protect your loved ones and their inheritance from ruinous decision-making and the actions of creditors.
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. You can make a valid living trust online, quickly and easily, with Nolo's Online Living Trust.
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.
A California living trust is a legal document that places some or all of your assets in the control of a trust during your lifetime. You continue to be able to use the assets, for example, you would live in and maintain a home that is placed in trust.
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.
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.