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In California, a community property state, the surviving spouse is entitled to at least one-half of any property or wealth accumulated during the marriage (i.e. community property), absent a pre-nuptial or post-nuptial agreement that states otherwise.
Joint trusts are easier to manage during a couples lifetime. Since all assets are held in one trust, ownership mimics how many couples hold their assets - jointly. Both spouses having equal control of the management of joint assets held by the trust.
Family trusts can be beneficial for protecting vulnerable beneficiaries who may make unwise spending decisions if they controlled assets in their own name. A spendthrift child, or a child with a gambling addiction can have access to income but no access to a large capital sum that could be quickly spent.
Joint Trust: Because all assets are inside one trust, sometimes Joint Trusts can make things simpler. While both spouses are living, each has equal control regarding the management of joint assets held in the Joint Trust.
Assuming you have no creditor concerns, both spouses want all the assets to go to the surviving spouse, and state death tax will not be an issue, a joint trust may be the way to go, for several reasons: A joint trust is easier to fund and maintain during the couples lifetime.
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Family trusts protect your investment assets A family trust can protect the assets of a family group, as assets arent held in your personal name. A family trust is a separate legal entity, meaning you can access a certain level of protection if you face financial difficulty or legal action.
Yes. A married couple can typically create a joint trust agreement, naming themselves as co-trustees. Under this arrangement, the married couple will own the trust assets during their lifetimes.
Married partners or civil partners inherit under the rules of intestacy only if they are actually married or in a civil partnership at the time of death. So if you are divorced or if your civil partnership has been legally ended, you cant inherit under the rules of intestacy.
If there are no children of the decedent or the descendants of the children, then the entire estate goes to the surviving spouse. If there isnt a surviving spouse, no children, or descendants of children, then the estate goes to the surviving parents or the surviving parent.
A trust will cost about $1,200 for individuals and $2,500 for married couples on average. However, costs may differ based on an individuals needs and circumstances.

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