Arkansas Joint Trust with Income Payable to Trustors During Joint Lives

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Joint revocable trusts have been used historically as a mechanism for married persons to combine assets and control their disposition in a uniform manner.
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FAQ

The Joint Trust. Typically, when a married couple utilizes a Revocable Living Trust based estate plan, each spouse creates and funds his or her own separate Revocable Living Trust. This results in two trusts.

Typically, when a married couple utilizes a Revocable Living Trust based estate plan, each spouse creates and funds his or her own separate Revocable Living Trust. This results in two trusts. However, in the right circumstances, a married couple may be better served by creating a single Joint Trust.

A joint revocable trust is a single trust document that two persons establish to hold title to assets which they typically own together as a married couple. While both spouses are alive and competent, they both retain full control of the trust assets and can change the trust at any time.

What happens in this type of trust is that the trust is a joint revocable trust when both spouses are alive. When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse.

In general, most experts agree that Separate Trusts can provide more asset protection. Joint Trust: Marital assets are all together in a single trust. This means there's less asset protection, because if there's ever a judgment over one of the spouses, all of the assets could end up being at risk.

But when the Trustee of a Revocable Trust dies, it is up to their Successor to settle their loved one's affairs and close the Trust. The Successor Trustee follows what the Trust lays out for all assets, property, and heirlooms, as well as any special instructions.

A revocable living trust becomes irrevocable once the sole grantor or dies or becomes mentally incapacitated. If you have a joint trust for you and your spouse, then a portion of the joint trust can become irrevocable when the first spouse dies and will become irrevocable when the last spouse dies.

The income from the revocable (living) trust is to be reported on the personal income tax returns of the Trustors (persons who formed the trust). The IRS and California taxing authorities do not recognize a living (revocable) trust as a separate taxpaying entity as long as both Trustors are alive.

A joint revocable trust is a single trust document that two persons establish to hold title to assets which they typically own together as a married couple. While both spouses are alive and competent, they both retain full control of the trust assets and can change the trust at any time.

What happens in this type of trust is that the trust is a joint revocable trust when both spouses are alive. When one of the spouses dies, the trust will then split into two trusts automatically. Each trust will have half the assets of the trust along with the separate property of the spouse.

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Arkansas Joint Trust with Income Payable to Trustors During Joint Lives