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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.
A settlor is the entity that establishes a trust. The settlor goes by several other names: donor, grantor, trustor, and trustmaker. 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.
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.
Hear this out loud PauseThe surviving spouse is the sole Settlor/Trustee/Beneficiary if one dies. In short, nothing changes.
In general, to benefit from all the advantages that trusts can give, the settlor, the trustee and the beneficiary are usually different people or groups of people. But they don't have to be. A settlor or trustee can also be a beneficiary of same trust.
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.
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.
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.