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Two Settlor and One-Settlor Trusts - Trusts can be created by multiple persons, for example couples (married or otherwise), or one person.
The Joint Trust. Typically, when a married couple utilizes a Revocable Living Trust-based estate plan, each spouse creates and funds his or her own separate Revocable Living Trust. This results in two trusts. However, in the right circumstances, a married couple may be better served by creating a single Joint Trust.
The settlor of a trust can be anyone, whether they're appointed on a personal or professional basis. The professional settlor can be a trust lawyer or accountant. These people are usually highly adept and can advise on complex issues.
When setting up a trust, the settlors can choose whether to set this up as a joint settlor trust or a single settlor trust.
Regardless of what this entity is called, its role is to legally transfer control of an asset to a trustee, who manages it for one or more beneficiaries. In certain types of trusts, the settlor may also be the beneficiary, the trustee, or both.
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.
Pros of Separate Revocable Living Trusts Separate trusts add an extra layer of protection for the assets within. If there is an active prenuptial agreement in place, this may affect how assets are protected, as well as whether or not state laws can dictate how assets are titled.