Living Trust for Husband and Wife with No Children - Colorado 2025

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Typically, a revocable living trust would be filed as a separate trust by each spouse, but sometimes a joint trust is a better option. A joint trust may be best if the couple is comfortable owning all assets jointly and with the surviving spouse inheriting all assets.
Primarily, the lack of flexibility in a joint trust can be a problem, especially if the two spouses dont agree about who should ultimately be a beneficiary or how much they should receive.
If each spouse has distinct assets or complex estate plans, separate trusts might be the better option. On the other hand, if a couples financial life is highly integrated, a joint trust could provide simplicity and ease of management. Its also important to note that this decision isnt set in stone.
A spouses separate trust is generally protected from the other spouses creditors. Also, when one spouse dies, his or her trust becomes irrevocable, making it more difficult for creditors of either spouse to reach the trust assets.
Benefits of Separate TrustsGreater Asset Protection A spouses trust is generally protected from the other spouses creditors. Also, when one spouse dies, his or her trust becomes irrevocable, making it more difficult for creditors of either spouse to reach the trust assets.
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We charge $999 for a trust, which includes a durable power of attorney and living will, which is significantly less than a probate attorney will cost. Not only does it make sense in terms of dollars and cents, but making your wishes clear ahead of time avoids the emotional toll of family infighting.
While Trusts may not be as critical for DINK couples as for those with children, they can still offer advantages. Revocable Living Trusts provide privacy, streamline asset transfer, and can bypass probate for chosen beneficiaries.
Often a revocable living trust would be filed as a separate trust by each person in the marriage, but in some cases a joint trust is a better option. If the couple is comfortable with the couple owning all assets jointly and the surviving spouse inheriting all the assets, a joint trust may be the way to go.

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