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A fiduciary relationship between a trustor and trustee for the benefit of a surviving spouse and the married couple's heirs. Also called an A trust, a marital trust goes into effect when the first spouse dies. Assets are moved into the trust upon death and the income generated by the assets goes to the surviving spouse. Under some arrangements, the surviving spouse can also receive principal payments.
A Surviving Spouse and Probate. When a person dies, generally a large portion of his property passes through the probate process. Through a series of steps that a local court oversees, the deceased personâs assets are gathered, valued and used to pay off his outstanding debts.Whatever assets remain are distributed to his beneficiaries. A surviving spouse is someone who is still alive when the person to whom she is legally married dies.Given a surviving spouseâs close emotional and financial ties to her deceased spouse, she will often play a prominent role in any probate proceeding.hrough a series of steps that a local court oversees, the deceased personâs assets are gathered, valued and used to pay off his outstanding debts. Whatever assets remain are distributed to his beneficiaries. A surviving spouse is someone who is still alive when the person to whom she is legally married dies.