Written by Allison Voge, JD, LLM
Choosing whether to use one joint trust or separate individual trusts when planning for a married couple requires careful consideration. A joint trust is established by a single trust agreement and is designed to hold nearly all of a married couple’s assets. The trust agreement includes instructions for managing the assets during the married couple’s lifetime, during the incapacity of either or both spouses, and upon each spouse’s death.
Written by Gerry W. Beyer, JD, LLM, JSD
Whenever you plan for married clients, it is vital to know what property your clients own and what their spouses own. However, clients are often unclear about ownership and may be unsure whether an asset is owned individually or jointly by the spouses. Because two different marital systems are recognized in the United States, title alone does not always determine who truly owns the property. This article is designed to shed light on this key estate planning issue.
If you are an estate planner, chances are you practice in a separate property (or common law) state. After all, there are only nine community property states. But that does not mean that community property will not appear on your radar.