Irrevocable Living Trust

An Irrevocable Living Trust is a type of Trust that cannot be easily altered or terminated once it is created.

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WHAT IT IS 

Learn the ins and outs of an Irrevocable Living Trust and when to use this type of estate planning tool.

Living Trusts can be very powerful, but when you choose to use an Irrevocable Trust, you do so for very specific reasons. Because Irrevocable Trusts cannot be easily changed, there are some circumstances in which they wouldn’t be appropriate. But if you’re looking for a vehicle that will take effect during your lifetime and can offer you asset protection, this may be a smart option to consider.

Irrevocable Living Trusts can help protect your assets and property from creditors and judgments. They can also help you avoid taxes and might be able to ensure your property is safe if you need government benefits.

If you think you might want to create an Irrevocable Living Trust, it’s important you know all the details before you start.

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WHEN TO USE

In an Irrevocable Living Trust right for you? 

There are pros and cons to every type of Estate Planning tool. But perhaps even more so than others, it’s important to understand how and when an Irrevocable Trust can be beneficial. The fact that they’re not easy to change means it’s essential that you have a grasp on how they work as well as when and why they’d be a good option.

An Irrevocable Living Trust may be a good idea if you: 

  • Think you need asset protection from creditors

  • Want a tax shelter 

  • Need protection from liens or judgements

  • Are worried you’re surpassing the threshold limit for government benefits and your assets will be used

When Would an Irrevocable Living Trust Be Smart?
What Would NOT Go In an Irrevocable Living Trust?
What’s the Difference Between a Trust and a Living Trust?
Can You EVER Modify an Irrevocable Trust?
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Benefits of an Irrevocable Living Trust  

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They’re not for everyone, but there are times that an Irrevocable Living Trust can be a viable Estate Planning Tool. They can offer the following benefits:

  • Protection of Assets 
    If your goal is asset protection, an Irrevocable Living Trust can be a great solution. It can offer you protection from creditors and judgments or lawsuits.

  • Estate Tax Benefit
    If you have a very large estate, an Irrevocable Living Trust can work to your advantage. Any asset or property you place inside a Trust won’t add value to your estate, which can be huge in terms of estate taxes. 

  • Keep Government Benefits
    Those who rely on government benefits like supplemental security income or Medicare (or if you will one day in the future), your total estate value can actually count against you. It can be complicated, but some government aid will require you to use your own money first. When you put assets and property inside an Irrevocable Living Trust, they’re protected from being included in your total value - which means you could receive aid without having to deplete your personal assets first.

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HOW IT WORKS

Create a Legally Valid Estate Plan in 3 Steps

  • 1

    Create your estate plan

    Creating a will or trust through our platform is easy, and for your first time, we’ll ship your documents to you for free. Once you have your plan, make sure to get them signed, witnessed, and notarized to help ensure your plan is legally valid.

  • 2

    Schedule your signing ceremony.

    Finding a notary, gathering your witnesses, coordinating your appointment—it can be a hassle. To make matters worse, not all notaries will notarize estate planning documents. We make this step much easier through our notary partners. Click here to log in to your Trust & Will account and view your notary options.

  • 3

    Sign, witness, and notarize.

    Properly sign your documents in the presence of your witnesses and notary. After your witnesses also sign, the notary will provide their signature and seal. Then, safely store your documents for safekeeping. No need to mail your documents back to us.

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