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Whereas a spousal trust is established for the benefit of a settlor's spouse, a JP trust is settled for the benefit of a settlor and the settlor's spouse or common-law partner.
Simple Living Trusts for Married Couples Simple living trusts are often considered the easiest kinds of trusts to set up and keep. In a simple living trust, a couple can share the control and benefits of the trust while they are living.
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.
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.
Two of the most common estate planning vehicles are wills and trusts. Wills and trusts go hand-in-hand as the starting point for any good plan. Writing a will is something that we believe that everyone should do.
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.
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.
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.