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Commonly Asked Questions about Living Trust Forms for Married Couples

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.
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.
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.
Qualified Terminable Interest Property Trust. The Qualified Terminable Interest Property (QTIP) Trust is the most common method of creating a marital trust, especially for second marriages.
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.
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.
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.
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.