Living Trust for Individual as Single, Divorced or Widow (or Widower) with No Children - Oklahoma 2025

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The major difference between the two is that a marital trust is irrevocable while a survivors trust is revocable. The marital trust is designed with the idea of taking advantage of the unlimited marital deduction by ensuring that only the surviving spouse is able to receive distributions from the trust.
In other words, regardless of the existence of a living trust, so long as it is revocable, a divorce in California will proceed pretty much as any other divorce, but the trust may need to be dissolved and assets removed from it.
One such drawback is their irrevocable nature; once established, the terms are generally set and cannot be easily altered. The surviving spouses estate may also be subject to increased estate taxes upon their death, depending on the trusts structure and the value of the assets.
A survivors trust gives the living spouse access to property for living expenses or any purpose they choose.
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.
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Overall, a marital trust provides a flexible and tax-efficient way to provide for a surviving spouse, while also controlling the ultimate disposition of assets so your family doesnt end up in probate.
You place assets into the trust during your life, but you continue to use and manage them as you normally would. You can live in your house, give gifts, and spend money. After you die, the assets are controlled by the terms you have set up in the trust.

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