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Understanding the Different Types of Trusts Your Estate Planning Attorney Can Help You With

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Estate planning can be a daunting task, especially if you don’t have any prior knowledge about it. One of the most important steps in this process is creating trusts. Trusts play a crucial role in your estate planning and are useful tools for avoiding probate, minimizing taxes, and protecting your assets. It's essential to choose the right type of trust that suits your needs, which is why you need an estate planning attorney. Read on to explore the different types of trusts that your estate planning attorney can help you prepare.

Revocable Trust

A revocable trust allows you to have control over your assets during your lifetime and the flexibility to change or revoke the trust at any given point. This trust helps in avoiding probate as it enables you to transfer the assets to your beneficiaries without the involvement of the court. A revocable trust is an ideal option for those who want to maintain control over their assets even after their death.

Irrevocable Trust

An irrevocable trust is a trust that cannot be modified or revoked once it has been created. This type of trust is often used for estate tax planning, asset protection, and Medicaid planning. An irrevocable trust can help protect your assets from legal claims or creditors, reduce your estate taxes, and provide a steady stream of income to your beneficiaries.

Testamentary Trust

A testamentary trust is a trust that is created after your death, according to the stipulations in your will. It can help in distributing your assets according to your wishes and can be useful in ensuring that your assets are managed efficiently. A testamentary trust can be revocable or irrevocable and offers great flexibility in terms of asset distribution and protection.

Living Trust

A living trust is a trust that you create during your lifetime. This type of trust helps in avoiding probate and allows for the easy transfer of assets to your beneficiaries. A living trust is flexible and offers great control over the management of your assets.

Special Needs Trust

A special needs trust is a trust that is created for a beneficiary with special needs. This type of trust is designed to provide financial assistance to the beneficiary while also allowing them to maintain eligibility for government benefits like Medicaid or Supplemental Security Income. A special needs trust is essential in ensuring that the beneficiary has access to necessary assistance without compromising their eligibility for government benefits.

Creating trusts is a crucial step in estate planning, and choosing the right type of trust can make all the difference. Whether it’s a revocable trust, an irrevocable trust, a living trust, a testamentary trust, or a special needs trust, an estate planning attorney can provide valuable insights and ensure that your assets are distributed according to your wishes. With the right type of trust, you can rest assured that your loved ones will be taken care of and your legacy will be protected.

For more info, contact a local estate planning attorney