“While estate planning is important, most people ignore it and, therefore, there is not much that they know about it either. Revocable and irrevocable trust deeds are an important element in estate planning.”
Estate planning isn’t only challenging, it’s essential. Your assets have a great potential to be treated without consideration—especially after the death of the rightful owner. Estate planning makes certain that these issues are dealt with, while the owner is still alive. Creating a trust, either revocable or irrevocable is a highly technical area of law, you should consult with an experienced estate planning attorney regarding the use of trusts in your estate plan. Trust have numerous benefits in your planning for asset protection and preservation, tax efficiencies, special needs planning, and more.
Catch News’ recent article, “The Differences between a Revocable and Irrevocable Trust,” says that people will use different terms that refer to the same thing. Revocable trusts are also called intervivos trusts, revocable living trusts, or living trusts. The word “intervivos” is a Latin word meaning “between the living.” All three terms mean the same thing.
What are these trusts and how are they different? Let’s look at the important aspects and details of revocable and irrevocable trusts. It is a document created by an individual to help manage her assets. The trust can apply both during the lifetime or after death. The basic idea behind a trust is to define a trustee and beneficiaries for the assets owned by a certain individual.
A revocable trust is a trust that can be changed as long as it is in effect. The creator of the trust can also decide to cancel it. This trust lets the asset owner amend the beneficiaries, assets and distribution of these assets. The trustees can also be amended throughout the life of the owner. Once the owner dies, the assets are given to the beneficiaries. However, they’re managed by a succeeding trustee.
Irrevocable trusts cannot be amended, even by the owner. An irrevocable trust can’t be changed into a revocable one, but the reverse can happen. Revocable trusts can have specific terms that render it irrevocable. This can include specific dates or events in the life of the owner. After the death of the trust owner, a revocable trust is also automatically converted into an irrevocable trust. Irrevocable trusts are usually only considered by people who are looking for increased asset protection and are willing to give up the control over their assets.
Each type of trust has pluses and minuses. Although it might not seem like there are many advantages to an irrevocable trust, there are certain circumstances where the benefits are derived by the owner. These includes greater asset protection, exemption from taxes and charitable giving. With an irrevocable trust, the assets are protected from creditors and lawsuits. In addition, there are estate, capital gain and income taxes (for charitable giving) that can be avoided when assets are placed in an irrevocable trust.
By contrast, a revocable trust gives total control of the assets to the creator of the trust. He can amend or even cancel the trust at any time. Any additions or omissions can be made through a trust amendment document that is done by the owner.
If you’re thinking about creating a revocable or irrevocable trust, talk with an experienced estate planning attorney for help in deciding on the right one, and even whether a trust is the best decision for your situation.
Reference: Catch News (September 19, 2018) “The Differences between a Revocable and Irrevocable Trust”