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In the absence of a prenuptial or postnuptial agreement, Californians can't completely disinherit their spouses due to California's community property laws. California is one of a handful of states that is a ?community property state.? This means that all assets acquired during the course of the marriage are owned ... Can I Disinherit My Spouse? | Mission Viejo Estate Planning Lawyer personalfinance.lawyer ? our-blog ? may personalfinance.lawyer ? our-blog ? may
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.
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.
To maximize creditor protection, you may not want to name your spouse as a trustee of the trust. If you wish to appoint your spouse as trustee, they should not be the sole trustee or have control over the other trustees' actions. In addition, you may want to preclude the distribution of capital to your spouse.
As a rule, the act of marrying will automatically revoke (invalidate) all previous estate plans whether it is a Will or a Trust. Marriage & Living Trusts Affordable Living Trusts ? marriage Affordable Living Trusts ? marriage
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.
A trust set up in one spouse's name can be considered separate property regardless of whether it is set up before or after marriage.
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.
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.
If the trust was established during the marriage, then it is marital property, and you stand a strong chance of getting access to those funds. If the trust was established before the marriage, it is separate property, and you will find it much more difficult to access this asset. How Can I Access My Spouse's Trust in a High Net Worth Divorce? arnoldsmithlaw.com ? how-can-i-access-my-... arnoldsmithlaw.com ? how-can-i-access-my-...