When it comes to estate planning, trusts are a common tool used to protect assets and distribute them to beneficiaries after the grantor passes away. One question that often arises is the difference between a revocable trust and an irrevocable trust. In this article, we will explore the key differences between these two types of trusts and help you determine which one might be best for your situation.

Understanding Trusts in Estate Planning

Before diving into the differences between revocable and irrevocable trusts, it's important to understand what a trust is and how it can benefit you in estate planning.

A trust is a legal arrangement in which a grantor transfers assets to a trustee, who then manages those assets on behalf of the beneficiaries named in the trust. The grantor can specify the terms of the trust, including when and how the assets are distributed to the beneficiaries. Trusts can be used to avoid probate, reduce estate taxes, protect assets from creditors, and provide for minor or disabled beneficiaries.

What is a Revocable Trust?

A revocable trust, also known as a living trust, is a trust that the grantor can modify or revoke during their lifetime. In other words, the grantor retains control over the assets in the trust and can change the terms of the trust as they see fit.

Because the grantor retains control over the assets in a revocable trust, it is considered part of their estate for tax and Medicaid purposes. This means that the assets in the trust are subject to estate taxes when the grantor passes away, and they may also be counted as assets when determining eligibility for Medicaid.

What is an Irrevocable Trust?

An irrevocable trust, on the other hand, is a trust that the grantor cannot modify or revoke once it is established. Once the assets are transferred to the trust, they are no longer considered part of the grantor's estate for tax and Medicaid purposes.

Because the grantor gives up control over the assets in an irrevocable trust, it can provide greater protection against creditors and may help reduce estate taxes. However, because the grantor cannot change the terms of the trust once it is established, it is important to carefully consider the terms of the trust before creating it.

Revocable Trust vs. Irrevocable Trust: Which is Right for You?

The decision to create a revocable trust or an irrevocable trust depends on your individual circumstances and goals. Here are some factors to consider:

Control Over Assets

If you want to retain control over your assets and have the flexibility to change the terms of the trust as needed, a revocable trust may be the better option. However, if you are willing to give up control over your assets in exchange for greater protection and tax benefits, an irrevocable trust may be more appropriate.

Estate Taxes

If you have a large estate and are concerned about estate taxes, an irrevocable trust may be a good way to reduce your estate tax liability. Because the assets in an irrevocable trust are not considered part of your estate, they may not be subject to estate taxes when you pass away.

Medicaid Planning

If you are concerned about the cost of long-term care and want to qualify for Medicaid, an irrevocable trust may be a good way to protect your assets. Because the assets in an irrevocable trust are not considered part of your estate, they may not be counted when determining your eligibility for Medicaid.

Understanding the Benefits of Trusts in Estate Planning

Now that we've explored the key differences between revocable and irrevocable trusts, let's take a closer look at the benefits of trusts in estate planning.

Avoiding Probate

One of the main benefits of creating a trust is that it can help you avoid probate. Probate is the court-supervised process of administering a deceased person's estate, including distributing assets to beneficiaries and paying any outstanding debts. Probate can be time-consuming, costly, and public, which is why many people choose to create a trust to bypass the probate process.

Reducing Estate Taxes

Another benefit of creating a trust is that it can help you reduce your estate tax liability. Estate taxes are taxes imposed on the transfer of property after someone passes away. By creating a trust, you can transfer assets to your beneficiaries without incurring estate taxes, which can help preserve more of your wealth for your loved ones.

Protecting Assets from Creditors

Creating a trust can also help protect your assets from creditors. If you are sued or face other legal claims, assets held in a properly structured trust may be protected from seizure or attachment by creditors.

Providing for Minor or Disabled Beneficiaries

Finally, creating a trust can help ensure that your minor or disabled beneficiaries are taken care of after you pass away. By creating a trust, you can specify how and when assets should be distributed to these beneficiaries, as well as who should manage the assets on their behalf.

Contact a Revocable Trust or Irrevocable Trust Attorney

If you're considering creating a trust as part of your estate plan, it's important to work with an experienced estate planning attorney who can help you understand your options and create a plan that meets your needs. At Heritage Law Office, our experienced estate planning attorneys can help you create a revocable or irrevocable trust, as well as other estate planning tools like wills, powers of attorney, and more.

We understand that estate planning can be complex and overwhelming, which is why we take the time to thoroughly review your needs and provide personalized guidance every step of the way. Contact us either online or at 414-253-8500 to schedule a free consultation today.