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Commonly Asked Questions about Trusts 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.
Under typical circumstances, the surviving spouse would become the sole trustee after the death of one spouse. The surviving spouse would control the shared property, and the personal property of the deceased spouse would be distributed to the beneficiaries.
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.
Marital trusts are a way to ensure your family is taken care of in the manner you see fit and leaves behind a clear plan. The other benefit is that marital trusts allow loved ones to take advantage of estate tax exemptions and defer taxes until after the surviving spouse dies.
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.
Complexity and Cost Trusts require legal expertise to draft, and ongoing management by a trustee may involve administrative fees. Additionally, some trusts require regular tax filings, adding to the overall cost.
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