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Commonly Asked Questions about Trust Forms for Husband and Wife

An irrevocable trust provides you with more protection. While you cant modify it, creditors cant easily make claims against it, and assets held within it can generally be passed on to beneficiaries without being subject to estate tax.
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.
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.
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. In most cases, spouses still have control over individual interests in a Joint Trust.
Inflexibility. Once a joint trust is established, it can be hard to make changes or adjustments to even a revocable trust agreement without permission from the other spouse, which can be a disadvantage.
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.