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What can I do if my spouse and I don't want separate trusts?

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There is an easy answer for this. You and your spouse may create a joint revocable trust. As an overview, a trust is a fiduciary relationship in which one party, known as a settlor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary. You may form the trust in your name alone, or you may form a joint revocable trust with your spouse. Joint revocable trusts have been used historically as a mechanism for married persons to combine assets and control their disposition in a uniform manner. The predeceasing spouse, upon the death of the first spouse will have a general testamentary power of appointment over the entire joint revocable trust assets. The trust becomes irrevocable on the death of the predeceasing spouse and a credit shelter trust will be funded on the death of the surviving spouse.

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