Combine Revocable Living Trust

Aug 6th, 2022
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How to Combine Revocable Living Trust

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In this video, estate planning attorney Paul Rabale discusses nine common mistakes related to living trusts. He highlights that the revocable living trust is a highly popular topic in estate planning, attracting significant inquiry from both the public and professionals through articles, books, and videos. The focus on living trusts, particularly for avoiding probate (or succession in Louisiana), resonates not just with the wealthy but also with middle-class individuals looking to simplify estate settlement for their survivors. The video aims to shed light on these mistakes to help viewers better navigate estate planning.

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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.
To be clear, yes, you may have one, two, or more living trusts. As with all estate planning questions, though, whether or not multiple trusts make sense for you depends on your circumstances.
Though not a silver bullet for every situation, in appropriate circumstances, a Joint Revocable Living Trust (Joint Trust) can provide a married couple with docHub benefits and simplify the administration of assets upon death or incapacity.
In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means theres less asset protection, because if theres ever a judgment over one of the spouses, all of the assets could end up being at risk.
Separate trusts may offer better protection from creditors, if this is a concern. For example, at the death of the first spouse, the deceased spouses trust becomes irrevocable, which makes it harder to access by creditors. And yet the surviving spouse can still access it for income and other needs.
Generally, the statutes allow a merger with another trust so long as there is no material change in the beneficial interests of the trust beneficiaries. Many trust instruments include express merger provisions and this is also generally true of such provisions.
The best living trust for married couples may be a revocable living trust. This is because they are able to be changed when necessary, so if assets or circumstances change, the trust itself can be amended.
A person certainly can have more than one trust. The question of whether they should depend on the person. Almost every person can benefit from having a revocable living trust. There are multiple potential benefits if one has this type of trust, with the most commonly known benefit being probate avoidance.

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