Irrevocable Living Trust Advantages

An irrevocable living trust is an agreement set in writing between you and the person who is going to manage the trust. The terms of the agreement should be set to reflect your own personal needs.

There are many advantages to creating an irrevocable living trust.

 

 

Function

Irrevocable living trusts allow you to observe the trustee in action working with the trust, so you get to see how your gift has benefited others. This is a good way to pass property on to charity.

 

Significance

Irrevocable living trusts avoid probate and court fees. They also save on property taxes , gift taxes, estate taxes and capital gains taxes. Another cost savings is the legal fees, since assets in a living trust are not counted as part of the estate.

 

Features

Upon your death, the assets of the trust will be distributed to any named beneficiaries directly without publicity, probate or added costs or legal issues. Also upon your death, an irrevocable living trust can supersede any legal disputes connected with your will.

 

Considerations

Income or taxes from assets that are part of an irrevocable living trust, or for members of the family who receive payment from the trust, will be paid by the trust. Family who are paid by the trust are usually in a lower tax bracket and will pay less tax.

 

Benefits

Family members pay no inheritance tax from any assets gained as part of the irrevocable living trust.

 

Prevention/Solution

If you find yourself needing nursing home or assisted living care, the assets set aside in an irrevocable living trust are not counted in the eligibility requirements for Medicaid.

Any assets can be moved into an irrevocable living trust. Advantages of including property, bank accounts and certificates of deposit can be great.

 

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