What does joint revocable trust mean?

A joint revocable trust is a single trust document that two persons establish to hold title to assets which they typically own together as a married couple. While both spouses are alive and competent, they both retain full control of the trust assets and can change the trust at any time.

Can a revocable living trust be joint?

Single and Joint Revocable Living Trusts Trusts can be both single and joint. Joint trusts are particularly useful in community property states, such as Arizona, California, Nevada, Idaho, New Mexico, Louisiana, Texas, Washington, and Wisconsin.

Should married couples have a joint trust?

Couples wishing to keep their marital estate as a single unit should consider a joint trust. A joint trust gives the surviving spouse more flexibility to use all of the assets of the trust after the death of the first spouse.

What happens if spouse waives Florida homestead laws?

This unfortunate event happens because the surviving spouse had waived the protection of the Florida homestead laws. This means that the surviving spouse will become a 50% owner with the surviving children of the deceased spouse.

What are joint tenants with rights of survivorship in Florida?

Joint tenants with rights of survivorship, or JTWROS, is a form of joint ownership in Florida that automatically transfers the real or personal property to the surviving owner upon the other owner’s death. Owning property as joint tenants with right of survivorship is allowed in every state in the country under common law.

What happens to joint property when husband dies?

Joint property: Any asset that is titled to a husband and wife jointly, joint with right of survivorship (JWROS), or as tenants by the entirety, passes to the wife at the moment of husband’s death. It does not pass under the will and title vests in the surviving joint owner immediately.

What happens to a revocable trust after a spouse dies?

After one spouse dies, the terms given in the revocable trust for that spouse’s particular assets must be carried out. The surviving spouse cannot alter the wishes of the deceased spouse.

Can a spouse revoke a joint revocable trust?

Another way to avoid any chance that a complete gift occurred on funding the trust would be to give each spouse the right to revoke the trust without the consent of the other spouse. This solution may cause problems if the marriage falters after the joint revocable living trust has been created and funded.

Can a married couple create a joint trust?

Typically, when a married couple utilizes a Revocable Living Trust based estate plan, each spouse creates and funds his or her own separate Revocable Living Trust. This results in two trusts. However, in the right circumstances, a married couple may be better served by creating a single Joint Trust.

Can a spouse devise a homestead in Florida?

However, if you are married, Florida law states that your homestead may not be devised if the you are survived by a spouse, unless it is devised to that spouse. A devise is a distribution of property pursuant to a Will or Trust.

What are the rules for a revocable trust in Florida?

Florida law provides that a surviving spouse is entitled to a minimum portion of the decedent’s estate. This elective share is equal to 30% of the estate, including certain assets passing outside of probate. Generally, assets held in a revocable trust will be subject to the elective share.