Living Trust for Husband and Wife with Minor and or Adult Children Montana Form
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People also ask
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Should a husband and wife have separate living trusts?
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.
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What is the best trust for a married couple?
Often a revocable living trust would be filed as a separate trust by each person in the marriage, but in some cases a joint trust is a better option. If the couple is comfortable with the couple owning all assets jointly and the surviving spouse inheriting all the assets, a joint trust may be the way to go.
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Is it better to have one trust or two?
Both options offer unique benefits. A single, joint trust may simplify the process as all assets are consolidated. It might be ideal for couples who have been in long-term marriages and whose assets are jointly owned. However, two separate trusts can offer greater flexibility and protection in certain situations.
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Should husband and wife be trustees?
There are some circumstances where it may not be preferred to have the surviving spouse serve as a Trustee of the Family and/or Marital Trusts. Perhaps a spouse has not had experience dealing with finances, maybe they have poor spending habits, or perhaps the couple is in a second or subsequent marriage.
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Why would a husband and wife have separate trusts?
A spouse's separate trust is generally protected from the other spouse's creditors. Also, when one spouse dies, his or her trust becomes irrevocable, making it more difficult for creditors of either spouse to signNow the trust assets.
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What is the downside to a living trust?
Limited Asset Protection: While it provides privacy, a living trust may not shield assets from creditors or lawsuits as effectively as an irrevocable trust. Funding Challenges: Transferring assets into the trust can be overlooked or require constant updates as financial situations change.
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How much does it cost to set up a trust in Montana?
Trust fees are usually based on a percentage of the trust's income or principal, with annual minimums ranging from $500 to $2,500. A paid trustee's management fees over the life of the trust could exceed the cost of probate.
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How does a living trust work in Montana?
When you create a living trust in Montana you also remain in complete control of your assets. While you are alive, you live in your home, spend your money, make investment decisions, and can give away or dispose of anything you want. Although the assets are owned by the trust, this does not change your life.
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