042: When a Joint Trust Isn't the Best Idea
Taking Care of Tutu - Navigating Estate Planning and Probate with Aloha
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In this episode of the Taking Care of Tutu podcast, we break down some of the frequently asked questions from last week at our law firm, which turned out to be different versions of a central question: Should married couples always have a joint trust?
Spoiler alert — not always. Meg shares three common situations where a joint trust might actually create more problems than it solves. From blended family dynamics to costly income tax consequences and asset protection concerns, she explains how the right trust setup depends on more than just emotion — it's about strategy, clarity, and peace of mind.
If you've ever wondered whether you and your spouse should combine everything into one trust, this episode will help you think it through clearly (and avoid expensive mistakes).
What You'll Learn
- Why blended families often do better with separate trusts
- When joint titling can lead to unexpected tax bills
- The difference between community property and tenancy by the entirety
- How to protect your home from business liabilities while still avoiding probate
- Ways to balance trust and transparency between spouses in separate trusts
Resources from this Episode
Guest's Website - https://obenauflawgroup.com/
Guest's Office Number(s): 808 244 3905
Email: [email protected]
Facebook - https://www.facebook.com/ObenaufLawGroup
Instagram: https://www.instagram.com/obenauflawgroup/
YouTube channel: https://www.youtube.com/@ObenaufLawGroup/
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Connect with Us
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Got a question for a future episode? Email [email protected] or message Meg on Instagram @obenauflawgroup
Episode Credits
If you like this podcast and are thinking of creating your own, consider talking to my producer, Emerald City Productions. They helped me grow and produce the podcast you are listening to right now. Find out more at https://emeraldcitypro.com Let them know we sent you.
43 episodes