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What is an Irrevocable Trust?

What is an Irrevocable Trust

If you've been doing your research on estate planning, you may have come across the term "irrevocable trust." But what exactly is an irrevocable trust, and why would you want to set one up? Read on to learn more about irrevocable trusts and the benefits they can provide.

What is an Irrevocable Trust?

An irrevocable trust is a type of trust that, once established, cannot be changed or modified by the trustee. This means that the trustee cannot change the beneficiaries, cancel the trust, or otherwise make any changes to the terms of the trust. Irrevocable trusts are often used for estate planning purposes because they can provide certain tax advantages and asset protection benefits.

Irrevocable trusts are a great way to protect your assets and ensure that your beneficiaries receive them according to your wishes. Heritage Law Office can help you set up an irrevocable trust that is tailored to your unique needs and circumstances.

What are the Advantages of an Irrevocable Trust?

One of the biggest advantages of an irrevocable trust is that it can help you avoid probate. Probate is the legal process through which a person's assets are distributed after they die. It can be a time-consuming and expensive process, so many people try to avoid it if possible. An irrevocable trust can help you do this because, once the assets are transferred into the trust, they are no longer considered part of your estate. This means that they won't go through probate when you die. 

Another advantage of an irrevocable trust is that it can provide asset protection in the event that you become incapacitated or sued. If your assets are held in an irrevocable trust, they will be protected from creditors and lawsuits. This is because, once again, the assets are no longer considered part of your estate. 

Finally, an irrevocable trust can provide certain tax advantages. For example, depending on how the trust is structured, you may be able to avoid paying capital gains taxes on any appreciation in the value of the assets held in the trust.

There are many advantages to setting up an irrevocable trust. If you're interested in learning more about this type of trust and whether it's right for you, contact Heritage Law Office today to schedule a consultation with one of our experienced estate planning attorneys.

Contact an Experienced Irrevocable Trust Attorney

Do you want to protect your assets for the future? A trust is a great way to ensure that your assets are taken care of after you're gone or take advantages of sophisticated estate planning methods. Heritage Law Office can help you set up an irrevocable trust so that you know you and your loved ones will be taken care of.

An irrevocable trust is one of the best ways to protect your assets. It's important to have an attorney who understands trusts and can help you set one up that meets all your needs. Contact us today and let us help you get started!

Schedule a free consultation with Heritage Law Office today by calling 414-253-8500 or sending us a message!

Frequently Asked Questions about irrevocable trusts

Frequently Asked Questions (FAQs)

1. What is an irrevocable trust and how does it work?

An irrevocable trust is a type of trust that cannot be altered, changed, or terminated without the permission of the trust's beneficiary or beneficiaries. The grantor, or the person who creates and funds the trust, effectively transfers ownership of assets to the trust. Once inside the trust, these assets are no longer considered part of the grantor's estate, offering a level of asset protection and potential tax advantages.

2. How does an irrevocable trust avoid probate?

Assets placed into an irrevocable trust are no longer legally owned by the person who put them there. When the grantor of the trust dies, the assets in the trust don't have to go through probate, as they aren't part of the deceased's estate. Instead, they are managed and eventually distributed to beneficiaries by the trustee, according to the terms of the trust.

3. How can an irrevocable trust protect my assets in the event of incapacitation or a lawsuit?

With an irrevocable trust, the assets are owned by the trust, not by you. This means that even if you are sued or become incapacitated, the assets cannot be reached by creditors or any legal judgment against you, as they are not considered your personal assets. This provides a significant level of asset protection, which can be beneficial for those with substantial wealth or those in high-liability professions.

4. What are the tax advantages of an irrevocable trust?

Depending on how an irrevocable trust is structured, it can potentially provide tax advantages. One benefit is that it can reduce estate tax liability because the assets in the trust are not considered part of the grantor's estate. Additionally, the trust might also help avoid or defer capital gains taxes on the appreciation of the assets in the trust.

5. How can Heritage Law Office help me establish an irrevocable trust?

At Heritage Law Office, we have experienced estate planning attorneys who can assist you in setting up an irrevocable trust. We can explain how these trusts function, help you understand the potential benefits and drawbacks, and tailor the trust to meet your specific needs. Contact us to schedule a consultation.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we serve Milwaukee County, surrounding communities, and to clients across Wisconsin, Minnesota, Illinois, and California.