Riverside California Revocable Trust for Lifetime Benefit of Trustor, Lifetime Benefit of Surviving Spouse after Trustor's Death with Trusts for Children
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FAQ
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.
After one spouse dies, the surviving spouse is free to amend the terms of the trust document that deal with his or her property, but can't change the parts that determine what happens to the deceased spouse's trust property.
A lifetime trust can apply to any trust you create and will last for the lifetime of the beneficiary or beneficiaries. It can be applied to an irrevocable trust, a revocable living trust or a testamentary trust.
If the beneficiary of a revocable trust dies before the settlor does, the settlor can simply rewrite his trust instrument to address the change. If the beneficiary dies after the settlor dies and the trust still holds property on behalf of the beneficiary, the property often passes to the beneficiary's estate.
The trust remains revocable while both spouses are alive. The couple may withdraw assets or cancel the trust completely before one spouse dies. When the first spouse dies, the trust becomes irrevocable and splits into two parts: the A trust and the B trust.
A SLAT is an irrevocable trust, which means it generally can't be changed once created. It enables one spouse to make a gift that can benefit the other spouse even while the spouse who made the gift is still alive.
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.
The Spousal Lifetime Access Trust (SLAT) As the name suggests, a SLAT is an irrevocable trust where one spouse makes a gift into a trust to benefit the other spouse (and potentially other family members) while removing the assets from their combined estates.
A SLAT allows the donor spouse to transfer up to the donor spouse's available exemption amount without a gift tax. When the donor spouse dies, the value of the assets in the SLAT is excluded from the donor spouse's gross estate and are not subjected to the federal estate tax.
The deceased spouse's assets are either put completely into a Family Trust, or split between a Family Trust and a Marital Trust. The Family Trust will no longer be considered part of the surviving spouse's estate upon death.