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Disclaimer of Property Interest Wills and Estates Legal Form

Disclaimer of Property Interest Wills and Estates Legal Form

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so a very similar option to the separate trusts but with a minor adjustment so same pictures you saw before but this time we allow the surviving spouse to decide what assets go in the shelter trust after your death something you're the first to die so what this does is it ensures the spouse can analyze the assets at the time of your death can decide how much do I need in my name how much does a shelter trust provide based on the facts at that time determine what can be allocated to the shelter trust typically the this is called a disclaimer and it's made within nine months after the spouses death and then the balance of those assets end up in the marital trust which we talked about before and the pros and cons are very similar you get the creditor protection with the shelter trust you get to provide for the surviving spouse if necessary you have more flexibility on the division of assets because if the surviving spouse get to decide what goes into the shelter trust they

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