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Commonly Asked Questions about Legal Trust Forms for Husband and Wife

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 situations where both spouses want the surviving spouse to inherit all the assets, which is often the case, a joint trust can be far less complicated to set up and maintain than separate trusts, with less headaches for the surviving spouse. However, there are situations where separate trusts will be a better choice.
One of the biggest differences between a revocable and an irrevocable trust is your ability to make changes to it after its been created. You, the grantor, can modify a revocable trust, while an irrevocable trust cant be easily changed.
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.
If the trust was established during the marriage, then it is marital property, and you stand a strong chance of getting access to those funds. If the trust was established before the marriage, it is separate property, and you will find it much more difficult to access this asset.
Trusts with distinct benefits for spouses Qualified terminable interest property trusts (QTIPs) may be established to provide lifetime income to a spouse and then have the remainder transferred to another beneficiary after the spouses death.
One way that spouses without businesses may attempt to hide assets is through setting up trusts or gifting money to someone who will return it after the divorce is finalized. Spouses that hide assets will often involve family members or friends in the process.