Living Trust for Husband and Wife with No Children - Washington 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.
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.
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.
You should also take this time to decide who will get what property when you pass. Create a trust document: You can do this either by yourself through an online service, or with the help an estate planning attorney. Get the trust document notarized: Sign the document in front of a notary.
If you pass owning real property outside Washington State, an ancillary probate may need to be filed in each jurisdiction where you own real property. Placing your real property in a living trust can help you avoid probate in each jurisdiction, streamlining the asset distribution process and saving time and expenses.
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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.
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.

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