As trusts are becoming one of the most preferred means of passing on and preserving wealth, most Americans need to know the difference between a revocable and irrevocable trust.
On the most basic level, the difference between these two trust instruments is control.
Here's a quick overview of what you need to know:
A revocable trust is more commonly known as a living trust. This legal instrument is created during a person's life and is used to hold things like real property, business assets, and investments for the benefit of that person and his or her family.
What makes this trust "revocable" is that the person who creates the trust (the "grantor") can dissolve the trust at any point during his or her life.
As CNBC's Suze Orman likes to point out, "[e]veryone needs a living revocable trust," to ensure not only that one's assets are protected after death but also to protect those assets during life.
Business owners can also place their current businesses in revocable trusts, but it will not protect that business from creditors. In addition, larger trusts may require paying a third party trustee to manage a revocable trust's assets and its tax burdens.
A simple pourover will can ensure that any leftover assets not already in a revocable trust are transferred in, once that person dies.
An irrevocable trust cannot be altered or dissolved after its creation without the permission of the trustee (the one responsible for the trust's assets) and all of the beneficiaries (the ones who receive support and money from the trust).
Many estate planners will suggest that a person create an irrevocable trust upon his or her death in order to make sure that the deceased's loved ones are taken care of.
The difficulty in changing or destroying the trust can ensure that misguided beneficiaries don't fight over or burn through limited trust funds, and the funds in the trust will be protected from the beneficiaries' creditors.
In the event that a person creates a living revocable trust and dies, that trust then reverts to an irrevocable trust.
No one likes to imagine his or her own demise, but planning for the future may involve either a revocable or irrevocable trust. If you're still unsure which trust is right for you, consult with an experience estate planning attorney in your area.
- Trust-owned home sale might avoid taxes (Albuquerque Journal)
- Drafting a Living Trust? 3 Questions to Answer (FindLaw's Law and Daily Life)
- Will or Living Trust: What's the Difference? (FindLaw's Law and Daily Life)
- An Attorney-Drafted Will and Annual Updates Are Included With a Legal Plan From LegalStreet (LegalStreet.com)
(Disclosure: LegalStreet and FindLaw.com are owned by the same company.)