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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.
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.
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.
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 other situations, a joint revocable trust is prepared so that after the first death, the entire remaining trust estate, including that portion belonging to the deceased spouse, remains revocable by the surviving spouse (sometimes referred to as the ?outright approach?).
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.
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.