What are irrevocable trusts?

On Behalf of | Jan 23, 2024 | Trusts |

Irrevocable trusts are an estate planning resource that offers a variety of benefits that can’t be found in other tools. These trusts involve transferring ownership of assets into a separate legal entity, which is managed by a trustee for the benefit of the trust’s beneficiaries.

Once established, the terms of an irrevocable trust generally can’t be modified, amended or terminated without the permission of the trust’s beneficiaries or the courts. This is a defining feature and informs many of the trust’s advantages.

Asset protection and control

One of the primary benefits of an irrevocable trust is asset protection. Once assets are placed into the trust, they aren’t considered personal property of the trust’s creator. This shift in ownership means that these assets are typically protected from creditors and legal judgments against the grantor. For individuals concerned about protecting their estate from unforeseen liabilities, this can be a significant advantage.

Additionally, irrevocable trusts offer a level of control over how and when assets are distributed to beneficiaries. Unlike a will, which executes distributions in a relatively short timeframe after death, a trust can be structured to release assets according to specific conditions or at predetermined times.

Tax advantages

Irrevocable trusts can also provide substantial tax benefits. Since the assets in the trust aren’t under the grantor’s ownership, they are often exempt from estate taxes. This can result in considerable tax savings, especially for larger estates that might otherwise be subject to high estate tax rates.

Long-term planning and privacy

Irrevocable trusts are also beneficial for long-term estate planning. They can be used to provide for dependents with special needs, protect assets for future generations or support charitable causes. Trusts typically operate outside of the public probate process to offer a level of privacy not available with wills. This privacy can be important for individuals who wish to keep the details of their estate and beneficiaries confidential.

Anyone creating an estate plan should learn about how trusts work as part of a comprehensive plan. Having someone to assist with getting everything set up can reduce stress and ensure that a creator’s wishes are followed.


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