Since each spouse is required to manage their own trust, separate trusts require more work. However, one spouse can name the other as a co-trustee so that both spouses can control all assets in the separate trusts. Joint trusts are easier to manage during a couple’s lifetime.

What are individual trusts?

A personal trust is a trust that an individual creates, formally naming themselves as the beneficiary. Personal trusts are separate legal entities that have the authority to buy, sell, hold, and manage property for the benefit of their trustors.

Are marital trusts revocable or irrevocable?

A marital trust is a type of irrevocable trust that allows you to transfer assets to a surviving spouse tax free.

What happens to marital trust when surviving spouse dies?

Also called an “A” trust, a marital trust goes into effect when the first spouse dies. Assets are moved into the trust upon death and the income that these assets generate go to the surviving spouse—under some arrangements, the surviving spouse can also receive principal payments.

Who are the married couple who have a living trust?

Pramilla and Andy are a married couple in Massachusetts. It’s 2019 and the estate tax exemption is $1M. The couple has $2M in assets, $1.5M of which are in Pramilla’s living trust, with Andy’s trust owning the rest.

Can a joint trust be created if a couple is not married?

The option of creating the marital trust at the death of the first member of the couple to die just isn’t there. It turns out to be a real mess to try and divide the assets in a joint trust at the first death of the two individuals who are not legally married. Plus, in this situation the joint revocable trust can be an estate tax disaster.

Which is better joint trust or individual trust?

A joint Trust can be simpler to administer and enables joint control over assets. A joint Trust can make the inheritance to the surviving spouse easier, requiring less administration than when a spouse with an individual Trust dies and leaves everything to the surviving spouse.

Which is the best revocable trust for a married couple?

A joint revocable trust is probably the easiest form of living revocable trusts for a married couple to use. A joint revocable trust merges the estate planning of a couple using a single trust document.