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Hear this out loud PauseThe surviving spouse is the sole Settlor/Trustee/Beneficiary if one dies. In short, nothing changes.
Hear this out loud PauseA Joint Trust is a single Trust document that covers both spouses and offers provisions for what happens upon the death of each. These specific types of Trusts may be particularly useful for married couples who live in a Community Property state.
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.
Hear this out loud PauseA Declaration of Trust is a legal document that declares who owns an asset or property and who will benefit from it. On the other hand, a Trust Agreement is an agreement between two parties where one party agrees to hold assets for another party's benefit.
A joint trust gives the surviving spouse more flexibility to use all of the assets of the trust after the death of the first spouse. A joint revocable trust is also easier to fund and maintain during a couple's lifetime. All assets simply go into the same place; there's no need to decide which trust an asset goes into.
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.
Two Settlor and One-Settlor Trusts - Trusts can be created by multiple persons, for example couples (married or otherwise), or one person.
Hear this out loud PauseFor example, if you gave your child enough money to pay for their entire deposit, a declaration of trust could ensure they got that back if the relationship broke down. This agreement is typically made when the property is purchased.