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Revocable Trust vs. Irrevocable Trust: What’s the Difference?

Photo of two doors on historical building. Revocable trust vs. irrevocable trust.

Trusts are a popular estate planning tool that can help you protect your assets and ensure they are distributed according to your wishes. However, there are two main types of trusts to choose from: revocable and irrevocable. Understanding the differences between a revocable trust vs. irrevocable trust can help you make an informed decision about which one is right for your needs.

Understanding the Basics of Trusts.

Trusts are legal arrangements that allow you to transfer assets to a trustee, who manages them on behalf of your beneficiaries. There are many different types of trusts, but they all share the same basic structure. You, as the grantor, transfer assets to a trustee, who holds and manages them for the benefit of your beneficiaries. Trusts can be used for a variety of purposes, including estate planning, asset protection, and charitable giving.

The Advantages and Disadvantages of Revocable Trusts.

Revocable trusts, also known as living trusts, are trusts that can be changed or revoked by the grantor at any time. One advantage of a revocable living trust is that it allows the grantor to maintain control over their assets during their lifetime. Additionally, revocable trusts can help avoid probate, which can be a lengthy and expensive process. However, there are some disadvantages. For instance, revocable trusts do not provide asset protection and may not be the best option for those looking to protect their assets from creditors or lawsuits.

The Advantages and Disadvantages of Irrevocable Trusts.

Irrevocable trusts, on the other hand, cannot be changed or revoked once they are created. (There are exceptions to this, however.) Being irrevocable means that the grantor gives up control over their assets and the trust becomes its own legal entity. One advantage of an irrevocable trust is that it provides asset protection, as the assets are no longer considered part of the grantor’s estate and are therefore protected from creditors and lawsuits. However, irrevocable trusts can be more complex to set up and may require the assistance of an attorney. Additionally, once the assets are transferred to the trust, they cannot be accessed by the grantor, which may not be ideal for everyone. It’s important to carefully consider your needs and goals before choosing between a revocable and irrevocable trust.

Choosing the Right Trust for Your Needs.

When deciding between a revocable trust vs. irrevocable trust, it’s important to consider your specific needs and goals. If you want to maintain control over your assets and have the flexibility to make changes in the future, a revocable trust may be the better option. However, if asset protection is a priority and you’re willing to give up control over your assets, an irrevocable trust may be the way to go. It’s important to consult with a trusted estate planning attorney to determine which type of trust is best for your unique situation.

Working with a Trust Attorney.

When it comes to creating a trust, it’s important to work with a qualified trust attorney who can guide you through the process and ensure that your wishes are properly documented. A trust attorney can also help you understand the differences between a revocable trust vs. irrevocable trust and advise you on which type of trust is best for your specific needs. Additionally, a trust attorney can assist with the funding of your trust and ensure that all necessary legal requirements are met.

Let us help you!

You don’t need to choose between a revocable trust vs. irrevocable trust on your own. We can help. Call us today at 602-443-4888.

 

ABOUT THE AUTHOR

Founding attorney Paul Deloughery has been an attorney since 1998, became a Certified Family Wealth Advisor. He is also the founder of Sudden Wealth Protection Law.

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