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Video Guide on Spousal Living Trusts management

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Commonly Asked Questions about Spousal Living Trusts

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.
The 4 Biggest Mistakes Parents Make When Setting Up a Trust Fund Not choosing the right Trustee. Choosing the wrong Trustee is a common mistake parents make. Not being clear about the goals of the Trust. Not including asset protection provisions. Not reviewing the Trust annually.
This type of trust not only provides a financial resource for your spouse, but it also assures that your assets are ultimately distributed ing to your wishes, and that your heirs do not incur any more estate taxes than are necessary.
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.
Using a testamentary spousal trust, where a corporate trustee is appointed, can ensure that the funds are professionally managed. Upon the death of the surviving spouse, the capital can then be distributed to other beneficiaries, such as the testators children. This can provide the testator with peace of mind.
A marital trust is a legal entity established to pass assets to a surviving spouse or children/grandchildren. When a spouse dies, their assets are moved into the trust. A general power of appointment, an estate trust, and a QTIP trust are three types of marital trusts.
Lack of control: As the gifting spouse, you must give up all direct control over and access to the trust assets, which can be a tough pill to swallow. Since you cannot be a trustee, you wont have any say in whether and when distributions will be made to the beneficiaries.
A marital trust is a type of irrevocable trust that allows you to transfer assets to a surviving spouse tax-free. It can also shield the estate of the surviving spouse before the remaining assets pass on to their children.