Trusts allow you to avoid probate, minimize taxes, provide organization, maintain control, and provide for yourself and your heirs. In its most simple terms, a trust is a book of instructions wherein you tell your people what to do, when, and how.
While there are many types of trusts, the major distinction between trusts is whether they are revocable or irrevocable. Let’s take a look at both so you’ll have the information you need:
Revocable Trusts. Revocable trusts are also known as “living trusts” because they benefit you during your lifetime and you can alter, change, modify, or revoke them if your circumstances or goals change.
- You stay in control of your revocable trust. You can transfer property into a trust and take it out, serve as the trustee, and be the beneficiary. You have full control. Most of our clients like that.
- You select successor trustees to manage the trust if you become incapacitated and for after you die. Most of our clients like that they, not the courts, select who’s in charge when they need help.
- Your trust assets avoid probate. This makes it difficult for creditors to access assets since they must petition a court for an order to enable the creditor to get to the assets held in the trust. Most of our clients want to protect their beneficiaries’ inheritances.
Irrevocable Trusts: When irrevocable trusts are used, assets are transferred out of the trustmaker’s estate into the name of the trust. You, as the trustmaker, cannot alter, change, modify, or revoke this trust after execution. It’s irrevocable and you usually cannot be in control.
- Irrevocable trust assets have increased asset protection and are kept out of the reach of creditors.
- Taxes are often reduced because, in most cases, irrevocable trust assets are no longer part of your estate.
- Trust protectors can modify your trust if your goals become frustrated.
So which one should you choose? It will depend on your needs, family situation, desires, and options to achieve your economic and family protection goals. As experienced estate planning attorneys, we can help you figure out whether a revocable or irrevocable trust is a good fit for you and your loved ones.
Give us a call at 305-456-7158 and we will schedule an Estate Planning Session for you or you can click Estate Planning Session to request we call you to schedule. Either way, do not wait, be protected and have peace of mind knowing you have the right estate plan.
Yahima Suarez, Esq.
Yahima Suarez, PA