Living Trust for Married Couples

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Commonly Asked Questions about Living Trust for Married Couples

Should spouse or trust be primary beneficiary?

In the overwhelming majority of cases, it is our recommendation to our married clients that they name their spouse as the primary beneficiary of their retirement account and name the Trust as the second or alternate or contingent beneficiary.

Should married couples have separate living trusts?

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.

Should a trust account be in both spouse names?

Separate trusts may be a good option for couples who own separate property that they brought into the marriage, either from inheritances or previous marriages, but they can be more expensive and more complicated to administer. Joint trusts, on the other hand, allow for more flexibility.

Should your trustee be your spouse?

Yes, but naming the surviving spouse, as a Trustee should be done only after reviewing all the facts and counseling with your advisors. In a first time marriage where both spouses have great confidence in each other, it is common for the surviving spouse to be designated as a Trustee of the Family and Marital Trusts.

Should husband and wife have separate trusts?

In addition, during their lifetimes, each spouse has equal control over the trusts assets, which can make it simpler to manage and to conduct transactions involving the assets. On the other hand, for spouses who arent comfortable sharing control of their combined assets, separate trusts may be the way to go.

What is the best trust for a married couple?

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.

Is there a downside to a living trust?

What Are the Disadvantages of a Trust in California? Trusts are costly to create. Creating a trust without an attorney may be less expensive, but doing so leaves the trust much more vulnerable to trust contests and other legal litigation. It is also more time-consuming to properly set up a trust than to create a will.

What are the problems with joint trusts?

There are some drawbacks though. For example, a Joint Trust may not offer asset protection in cases of creditors or judgements against either spouse. Because everything is in one Trust, all assets would be vulnerable to judgements. Another possible disadvantage could be a lack of flexibility after one spouses death.