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A Joint Living Trust can be created by a person and that person's spouse. In some cases, this method is preferable to creating two separate Living Trusts, especially where assets to be contributed are held jointly and could not easily be divided to be placed into two separate trusts. Another advantage is that the joint trust is created in a single document rather than multiple documents.
Typically, the Joint Living Trust provides for both spouses, who are the Co-Grantors, to serve as the initial Co-Trustees. They serve for such time as they are able and willing to manage the assets of the Trust during their joint lifetime. After the death, "disability" or voluntary resignation of one, the other can continue as Trustee. When neither Grantor serves as Trustee, a successor Trustee takes over the management of the Trust.
The Joint Living Trust is "revocable," that is, it can be amended or revoked at a later time.
Payments
During the Grantors' lifetime, payments of the net income of the Trust are made to the Grantors at fixed intervals. The amount of the payments can be changed from time to time at the request of the Grantors.
When a Grantor dies, the Trust provisions designate the beneficiaries who will receive that Grantor's property, much in the same manner as a will. At the option of the Grantor, these provisions can include specific distributions and distributions of tangible personal property before the distributions of the remaining trust assets. The successor Trustee carries out these provisions in a role similar to that of an Executor. These provisions also allow the Grantors to include a trust share that will be maintained for the benefit of the Grantors' minor children through a trust for minor children.
Advantages of a Living Trust
The Joint Living Trust is often viewed as a preferable alternative to the Will. Some of the perceived advantages of the Joint Living Trust relate to privacy, reduced probate costs, and management of assets. For more information, see the Trust vs. Will Comparison topic. And for a review of what to consider when deciding on a Living Trust, see the Factors to Consider topic.
NOTE: This trust is not appropriate for couples with a combined estate (including life insurance proceeds and retirement plans) that exceeds the federal estate tax applicable exclusion amount ($3,500,000).
What else can I help you with?
Living Trust Revocation?
Get StartedThe Living Trust Revocation is a document used to revoke a living trust or joint living trust. The Revocation can be used to either dismantle the entire plan of using a revocable living trust or to revoke the "old" living trust in preparation for preparing and signing a "new" living trust. However, if a new living trust will be created, and if it will have the same number of grantors as the revoked living trust, consider amending and restating the existing living trust instead of revoking it. If the living trust is merely restated and not revoked/replaced, the assets already transferred to the living trust will remain in the living trust, avoiding the need to transfer each of them. (See this program's Living Trust or Joint Living Trust documents and select the option to "Amend" the Trust.)
Pour-Over Will?
Get StartedA Pour-Over Will is a specialized will that is used as a supplementary document to the Living Trust or Joint Living Trust. Its primary function is to "Pour Over" the Will writer's remaining assets (at the Will writer's death) into the Will writer's Living Trust or Joint Living Trust. Often a Living Trust is established to avoid "probate" of a will, but if any assets were not transferred into the trust �by design or by inadvertence, a pour-over will serves as a safety net to convey those assets into the Living Trust so that they can be distributed with the Will writer's other assets. Note: If a Joint Living Trust has been created, each joint Grantor should prepare a Pour-Over Will.A Pour-Over Will includes a standard provision that provides for an Executor (Personal Representative in some states). It also includes an optional provision to select a Guardian, if the Will writer has minor children.Instead of the usual provisions that provide for the distribution of specific bequests, tangible personal property, and the residuary estate, the Pour-Over Will simply distributes the Will writer's remaining assets to his or her Living Trust. The Living Trust then distributes that property, plus the Trust assets, in accordance with the distribution provisions (specific bequests, etc.) of the Living Trust.The Pour-Over Will should be signed with the same formalities as any other Will.
What is the definition of a living trust?
A living trust is simply a trust created by a living person. It is also known as an "inter vivos trust". That's Latin meaning a trust between living persons. Conversely, a trust created by someone in a will is called a testamentary trust.
What is the abbreviation for living trust?
The abbreviation for living trust is "LT".
What is the living trust all about?
A living trust is very similar to a living will. The living trust is created by the individual and outlines the wishes of that individual in regards to their assets.
What is a Joint tenant in common bank account?
An account classified as Tenants in Common allows, for example, 2 individual living trust to own the account. However, when one owner dies, 1/2 of the assests go to the parties specific in the individul living trust and not the other account owner.
What is a definition of a trust?
A living trust is simply a trust created by a living person. It is also known as an "inter vivos trust". That's Latin meaning a trust between living persons. Conversely, a trust created by someone in a will is called a testamentary trust.
Do I need a living trust?
If you are already writing a living will so you don't have to worry about your estate in the future it is a good idea to write a living trust as well. For more information about living trust http://www.legalzoom.com/living-trusts/living-trusts-overview.html and scroll down to where it talks about living trust.
What is the living michigan trust?
A living trust is similar to a living will. This is a common way of protecting assest from creditors.
Is a living trust taxable?
Income of a living trust is taxable to the trustees, if that's what you mean.
Does a new living trust superseed an old living trust?
Not necessarily. Sometimes people have more than one living trust. It depends on what the new trust says and how your assets are titled. Consult an attorney.
How to properly name a living trust?
To properly name a living trust, you should include your name, the word "trust," and the date it was created. For example, "John Smith Living Trust, created on January 1, 2022."
