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Understanding the difference between irrevocable and revocable trust

On Behalf of | Oct 24, 2024 | Estate Planning |

Planning for the future can feel stressful and overwhelming, especially when protecting your family and assets. You’ve likely come across the terms “irrevocable” and “revocable” trusts, and it’s normal to feel a bit lost.

This blog will explain the critical differences between the two to help you make informed choices during the estate planning process. Let’s explore how these trusts can work for you and bring peace of mind to you and your family.

Revocable trust

Also known as a living trust, this option offers flexibility. The owner can modify the trust’s terms, change beneficiaries and manage assets as they see fit. This adaptability makes revocable trusts attractive to those who want control over their estate.

However, this flexibility comes with downsides. Assets in a revocable trust have no protection against creditors, meaning executors may liquidate them to satisfy debts. Additionally, upon the owner’s death, these assets are subject to estate taxes.

Irrevocable trust

On the other hand, an irrevocable trust is far more rigid. Once established, its terms can only be easily altered with the consent of all beneficiaries or a court order, depending on state laws.

The main advantage of an irrevocable trust lies in its tax benefits. Assets and properties in an irrevocable trust are separate from the benefactor’s taxable estate, shielding them from estate taxes upon the owner’s death. Furthermore, depending on the trust type, the trust or its creator may address taxes, lifting tax burdens on beneficiaries.

Which trust is right for you?

Ultimately, the choice between these trusts depends on individual needs and circumstances. Those prioritizing control and flexibility might lean towards a revocable trust, while those focused on tax advantages and asset protection may prefer an irrevocable trust. Consulting with a qualified trust attorney can provide personalized guidance to ensure your choice suits your estate planning goals.

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