What Type of Trust Should You Use in Estate Planning?

TYPES OF TRUSTS AND THEIR USES IN ESTATE PLANNING

Trusts are a valuable tool in estate planning and probate. They allow individuals to manage and distribute their assets in a way that meets their specific needs and goals. In this article, we'll explore the different types of trusts and their uses in estate planning and probate.

1. Revocable Living Trust

A revocable living trust is a popular type of trust used in estate planning. It allows the grantor to maintain control of their assets during their lifetime, while also providing for the distribution of those assets after their death. The grantor can make changes to the trust at any time during their lifetime, including adding or removing assets, changing beneficiaries, or even revoking the trust entirely.

The main benefits of a revocable living trust are that it avoids probate, provides privacy, and allows for more control over the distribution of assets. Additionally, because the trust is revocable, the grantor can change their mind at any time.

2. Irrevocable Trust

An irrevocable trust is a type of trust that cannot be changed or revoked once it is established. This means that the grantor gives up control of the assets placed in the trust. Irrevocable trusts are often used for tax planning purposes or to protect assets from creditors.

There are several types of irrevocable trusts, including:

• Irrevocable Life Insurance Trust (ILIT): This type of trust is specifically designed to hold life insurance policies. It allows the grantor to remove the life insurance policy from their estate, which can help reduce estate taxes.

• Charitable Trust: This type of trust allows the grantor to donate assets to a charity while still receiving some tax benefits.

• Spendthrift Trust: This type of trust is designed to protect assets from creditors or from being spent too quickly by beneficiaries.

3. Testamentary Trust

A testamentary trust is a type of trust that is created through a person's will. Unlike revocable living trusts, which are created during the grantor's lifetime, a testamentary trust does not come into existence until after the grantor's death.

Testamentary trusts are often used to provide for the care of minor children or to protect assets for beneficiaries who may not be capable of managing them on their own.

4. Special Needs Trust

A special needs trust is a type of trust that is designed to provide for the care of a person with a disability without affecting their eligibility for government benefits. Assets placed in a special needs trust can be used to provide for the beneficiary's needs, such as medical care or education, without affecting their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI).

In conclusion, trusts are an essential tool in estate planning and probate. They allow individuals to manage and distribute their assets in a way that meets their specific needs and goals. Whether you're looking to avoid probate, protect assets from creditors, or provide for the care of a loved one with a disability, there is a trust that can meet your needs. It's important to consult with an estate planning attorney to determine which type of trust is right for you.

Tune in to my podcast, The Accidental Entrepreneur, or subscribe to my blog for more helpful resources for establishing and maintaining a successful business. Avoid the common pitfalls business owners often make and protect your business with legal advice you can trust. Get in touch for more information about the legal documents you might need for your business, to suggest future podcast and blog topics, or to become a guest on my show here.