
Affidavit of Disclaimer of Interest by Heir of Tanadgusix Corporation free printable template
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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 are 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 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 have a lot more flexibility at the time to determine their needs going forward the drawback so the decision of death you are hoping that the surviving spouse will make the right decision he or she may allocate too much they may not allocate enough that is a risk involved and that is one of the drawbacks similar to the separate trusts before there's still the medicaid look-back issue because a disclaimer is also deemed a transfer and the marital trust is still exposed
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