A San Jose California Revocable Trust Agreement, when the Settlers are Husband and Wife, is a legal document that allows married couples in San Jose, California, to plan for the distribution and management of their assets during their lifetime and after their passing. This type of trust agreement is a popular estate planning tool used by couples to minimize estate taxes, avoid probate, and ensure their assets are managed according to their wishes. The San Jose California Revocable Trust Agreement provides a variety of benefits and options for couples, and there are several types or variations available: 1. Joint Revocable Trust: In this type of trust agreement, the husband and wife serve as joint Settlers, meaning they establish and fund the trust together. Both spouses have the authority to modify or revoke the trust during their lifetime. Upon the death of one spouse, the surviving spouse continues to manage the trust assets. 2. Reciprocal Trusts: In some cases, couples might opt for separate Revocable Trust Agreements, but mirror each other's provisions. This allows each spouse to have control over their separate property and ensure their individual wishes are met, while still coordinating their estate plans. 3. A-B Trusts: Also known as Marital and Family Trusts or Survivor's Trusts, this type of trust agreement is designed to maximize the federal estate tax exemption for both spouses. Upon the death of the first spouse, the assets are divided into two separate trusts: the Surviving Spouse Trust (Marital Trust) and the Family Trust (Bypass Trust or Credit Shelter Trust). The Surviving Spouse Trust provides income and access to principal for the surviving spouse, while the Family Trust preserves the estate tax exemption for the deceased spouse's estate. 4. Qualified Terminable Interest Property (TIP) Trusts: This trust provides income for the surviving spouse while preserving the ultimate distribution of assets to heirs chosen by the deceased spouse. TIP trusts are often used when a spouse has children from a previous marriage and wants to ensure they receive an inheritance. When creating a San Jose California Revocable Trust Agreement, it is essential to consult with an experienced estate planning attorney who specializes in trust law. They will guide you through the process and help you choose the type of trust agreement that best suits your needs and goals. By establishing a well-drafted and legally binding trust agreement, couples can have peace of mind knowing their assets will be protected and distributed according to their wishes.