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Commonly Asked Questions about Joint Living Trust

Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
If shielding assets from creditors is a concern, separate trusts usually offer greater protection. With a joint trust, if a creditor obtains a judgment against one spouse, all of the trust assets may be at risk.
Top 10 Things Not to Do When Someone Dies 1 DO NOT tell their bank. 2 DO NOT wait to call Social Security. 3 DO NOT wait to call their Pension. 4 DO NOT tell the utility companies. 5 DO NOT give away or promise any items to loved ones. 6 DO NOT sell any of their personal assets. 7 DO NOT drive their vehicles.
If a couple creates a revocable living trust together and one spouse passes away, the surviving spouse continues acting as the trustee during their lifetime. The surviving spouse still has the same power they had before their spouses death to amend the trust or revoke the trust.
With a joint trust, both parties are joint trustees. If one person becomes incapacitated, the other one is the sole trustee and continues to take care of everything. After the first person dies, the other person serves as the sole trustee. The idea behind a joint trust is to put all joint assets in the trust.
Limited Asset Protection: While it provides privacy, a living trust may not shield assets from creditors or lawsuits as effectively as an irrevocable trust. Funding Challenges: Transferring assets into the trust can be overlooked or require constant updates as financial situations change. Revocable vs. Irrevocable Trusts: Advantages and Disadvantages doaneanddoane.com revocable-vs-irrevoc doaneanddoane.com revocable-vs-irrevoc
Loss of Control With joint revocable trusts, both spouses must agree on all asset decisions. This requirement can often limit each spouses control over the shared assets held in the trust, leading to conflicts or disagreements.
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 couples lifetime. All assets simply go into the same place; theres no need to decide which trust an asset goes into.
All assets are simply owned by the Joint Trust. Since only one trust is ever created, no transfers need to be made after the death of the first spouse to die. This simplification in the administration process minimizes advisors fees and other costs and is a key advantage of using a Joint Trust. Joint Trusts: A Useful Tool for Some Married Couples wardandsmith.com articles joint-trusts-a- wardandsmith.com articles joint-trusts-a-
Asset protection If shielding assets from creditors is a concern, separate trusts usually offer greater protection. With a joint trust, if a creditor obtains a judgment against one spouse, all of the trust assets may be at risk.