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What is the Difference Between a Revocable Trust and an Irrevocable Trust?

Posted by Noah Sarkauskas | Jun 20, 2022 | 0 Comments

When it comes to estate planning, there are several different types of trusts you can create. But what is the difference between a revocable trust and an irrevocable trust? In this blog post, we will break down the key differences between these two trusts so you can decide which is right for you.

What Is a Revocable Trust and What Is an Irrevocable Trust?

A trust is an arrangement in which a person (the trustee) holds property for the benefit of another person (the beneficiary). There are two main types of trusts: revocable and irrevocable. A revocable trust can be modified or terminated by the trustee at any time, while an irrevocable trust cannot be changed once it has been created. Revocable trusts are often used to manage assets during a person's lifetime, while irrevocable trusts are typically used to transfer wealth to beneficiaries after the trustee's death. However, both types of trusts can be used for either purpose. The key distinction is that a revocable trust gives the trustee more control over the trust assets, while an irrevocable trust does not.

The Benefits of a Revocable Trust

A revocable trust can be a helpful tool for managing your assets and protecting your beneficiaries. Unlike a will, a revocable trust allows you to transfer ownership of your property without going through probate. This can be a significant advantage if you have beneficiaries who live in another state or who are unable to manage their own finances. In addition, a revocable trust gives you the flexibility to change the terms of the trust at any time. For example, you can add or remove assets, change the beneficiary designation, or even revoke the trust entirely. As a result, a revocable trust can offer flexibility and peace of mind in estate planning.

The Benefits of an Irrevocable Trust

Asset protection is one of the main reasons people set up irrevocable trusts. Because the trust property is held by the trustee, it is effectively out of the reach of creditors. This can be especially important for business owners or other individuals with significant assets. Estate planning is another common reason for setting up an irrevocable trust. By doing so, you can ensure that your assets are distributed according to your wishes after your death. Finally, there are also some tax advantages to setting up an irrevocable trust. In some cases, it can help to minimize estate taxes and gift taxes. Overall, there are many potential benefits of setting up an irrevocable trust.

How to Choose the Right Type of Trust for You

There are many different types of trusts, and choosing the right one for your needs can be complicated. One important factor to consider is the purpose of the trust. For example, if you are setting up a trust for your children's education expenses, you will need to choose a trust that can be used for this purpose. Another factor to consider is the size of the trust. If you are only setting aside a small amount of money, you may not need a large trust. However, if you are setting aside a significant amount of money, you will need to choose a trust that can accommodate this amount. Finally, you will also need to consider the terms of the trust. Some trusts are revocable, which means that they can be changed at any time. Other trusts are irrevocable, which means that they cannot be changed once they are established. You will need to decide which type of trust is best for your needs.

An experienced estate planning attorney should help you make this decision.

Contact an Estate Planning Attorney

Trusts can be a great way to protect your assets and provide for your loved ones, but it's important to understand the difference between a revocable trust and an irrevocable trust. If you have any questions about trusts or would like more information, please send us a message or give us a call at 414-253-8500. We would be happy to help!

About the Author

Noah Sarkauskas

Bringing technology, automation, machine learning, and a systematic approach to the legal world, Noah Sarkauskas is making the legal field significantly more efficient. Noah leverages technology to complete your legal work in a significantly quicker and more time-efficient matter while simultaneo...


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