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This is a common choice for married couples, especially when the plan is for the surviving spouse to receive 100% of the couple’s assets. A joint trust is revocable while one or both partners live.
A revocable trust also allows you the freedom to change your mind about the trustees and beneficiaries. If family relationships, friendships, or business relationships change over time, you might ...
However, a revocable trust can provide language to create sub-trusts upon the death of a grantor (e.g. credit shelter or other irrevocable trusts) that can preserve or reduce future estate tax ...
The "credit shelter trust" generally only works for married couples since (a) the tax code provides the opportunity to shift assets between married persons for an unlimited amount by means of the unlimited marital deduction; and (b) unmarried persons attempting to do the same would be impacted by the "gift tax" during life.
Living trusts generally do not shelter assets from the U.S. federal estate tax. Married couples may, however, effectively double the estate tax exemption amount by setting up the trust with a formula clause. [59] For a living trust, the grantor may retain some level of control to the trust, such by appointment as protector under the trust ...
During life, a married couple transfers ownership of property into a trust. Upon the death of the first party to die, the terms of the trust require that some portion of the property be transferred into "TRUST A" and some other portion into "TRUST B." Trust A holds property that remains accessible to the surviving spouse during his or her life.
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