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Why should you consider an irrevocable trust in your estate plan?

On Behalf of | May 19, 2023 | Estate Planning

Estate planning is an essential step in securing your family’s financial future. One tool that often plays a vital role in this process is the irrevocable trust. This unique legal arrangement offers several benefits worth exploring.

Irrevocable trusts can provide superior asset protection. Once assets are placed in an irrevocable trust, they typically no longer form part of your estate, safeguarding them from potential creditors, legal judgments or bankruptcy proceedings. This can offer peace of mind and financial security to your beneficiaries.

Benefits of an irrevocable trust

Despite the name, an irrevocable trust does not mean losing control over your assets. As the trust’s grantor, you establish the terms and conditions, select the trustee and beneficiaries and define how the assets will be managed and distributed. Your heirs can also enjoy tax benefits.

Transferring assets to an irrevocable trust may assist in qualifying for Medicaid or other need-based government benefits. However, this requires careful planning and timing due to Medicaid’s five-year “look-back” period.

Assets held in an irrevocable trust also bypass the probate process, ensuring a faster, smoother transfer of assets to your beneficiaries. Unlike a will, which becomes a public record during the probate process, an irrevocable trust offers privacy. The details of the trust, including assets, beneficiaries, and terms, remain confidential.

While irrevocable trusts offer numerous benefits, they are not without potential drawbacks, including a lack of flexibility to alter the trust terms once established. By exploring all the options available, you can create an estate plan that best suits your needs and those of your loved ones.