An Irrevocable Trust, by design cannot be modified in any fashion or terminated without the express written consent of the beneficiary or beneficiaries. Once the trust is created it stands AS IS and cannot be changed at all, notwithstanding a few exceptions.
- Perhaps a beneficiary needs to be changed
- Perhaps a financial institution may need clarification of a Trustees Identity
- The beneficiary may need to terminate the trust early due to an immediate need for a large expense
Why would there exist a need for an Irrevocable Trust?
- It protects your property held in Trust against creditors
- It minimizes your estate tax liability
- If you are looking to qualify for government assistance programs, i.e., Medicaid or Veterans Aid and Attendance benefits
There are three parties to a Trust:
First Party: The “Grantor” or “Settlor” who is the person or persons who establishes the trust. Keep in mind that when the Irrevocable Trust is established the “grantor” or “settlor” relinquishes all control of the assets held within the trust.
Second Party: The Trustee who are appointed by the “Grantor” or “Settlor” whose responsibilities include overseeing the assets, investments, etc., and to pay any expenses which benefits to beneficiary
Third Party: The Beneficiary whose job it is, is to sit back relax and benefit from the income generated by the investments within the trust.
Let’s start the conversation to see if an Irrevocable Trust is the right tax planning strategy for you as part of your Comprehensive Estate Planning. For more information on reviewing your goals for your Comprehensive Estate Planning, contact Daniel A. Baron of Baron Law today at 216-573-3723.
Helping You and Your Loved Ones Plan for the Future