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Commonly Asked Questions about Living Trusts for Married Couples

Probate avoidance is the only goal. While this is an admirable goal, a trust may not be the only way to avoid probate. You have straightforward wishes. Youre motivated by tax savings or Medicaid eligibility. Youre not great at follow-through.
The main purpose of a living trust is to provide a flexible and efficient way to manage and distribute assets after the grantors death while avoiding the costly and time-consuming probate process.
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.
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.
A marital trust is a fiduciary relationship between a trustor and trustee for the benefit of a surviving spouse and the married couples heirs. Also called an A trust, a marital trust goes into effect when the first spouse dies. What Is a Marital Trust? Benefits, How It Works, and Types - Investopedia investopedia.com terms marital-trust investopedia.com terms marital-trust
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.
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.