Types Of Living Trusts

Living trusts are commonly used in estate plans. The Florida Trust Code establishes rules for living trusts in the Sunshine State. Revocable living trusts can be changed, but you cannot modify an irrevocable one. Understanding the different types of living trusts can help you choose the one appropriate for your needs.

Irrevocable Trust

Once an irrevocable living trust is established, the grantor loses all control over the trust’s assets. The trust cannot be altered or revoked in any way. Irrevocable living trusts are less popular amongst estate planners because of their rigidity. 

However, there are situations where irrevocable trust is the best option to achieve specific goals. These include: 

To Lessen The Impact Of Estate Taxes

An irrevocable trust can lessen estate tax by removing assets from the grantor’s taxable estate. When assets are transferred into an irrevocable trust, they are no longer considered part of the grantor’s estate for tax purposes. This can lead to a reduction in the estate’s overall value and, subsequently, the amount of estate tax owed upon the grantor’s death. Here’s how it works:

Asset transfer: When the grantor transfers assets into an irrevocable trust, they essentially give up ownership and control of those assets. This means the assets are no longer part of the grantor’s taxable estate.

Tax-exempt growth: Assets held within an irrevocable trust can grow and generate income exempt from estate taxes. This increases the trust’s value without adding to the taxable estate.

Trust beneficiaries: The beneficiaries of an irrevocable trust receive the assets and any income generated by the trust, usually after the grantor’s death. Since these assets have already been removed from the grantor’s estate, they will not be subject to estate tax.

Lifetime gift tax exclusion: When assets are transferred into an irrevocable trust, they may be considered gifts to the trust beneficiaries. However, the grantor can use their lifetime gift tax exclusion to offset the gift tax that might otherwise be due. 

Using this exclusion, the grantor can transfer significant assets into the trust without incurring gift tax liability.

Generation-skipping transfer (GST) tax exemption: An irrevocable trust can also be structured as a generation-skipping trust, which allows assets to be transferred to beneficiaries more than one generation below the grantor (e.g., grandchildren). 

Estate tax exclusion portability: For married couples, any unused portion of the estate tax exclusion of the first spouse to die can be transferred to the surviving spouse. This allows the surviving spouse to shield more of their estate from taxes, reducing the tax burden.

It’s important to note that irrevocable trusts come with certain limitations. Due to the complexities and potential tax implications involved in creating an irrevocable trust, consulting with an estate planning attorney or a tax professional is recommended to ensure the trust is structured in the most advantageous way possible.

Medicaid Eligibility Requirements

Applicants must meet certain requirements to qualify for financial aid from a government program like Medicaid. Making a trust irrevocable reduces the risk that the trust’s existence will affect its beneficiaries’ financial aid or housing subsidies.

Legal Safeguards Against Debt Collectors

The settlor and the beneficiaries of an irrevocable trust have greater protection from the settlor’s creditors and the beneficiaries’ creditors than those of a revocable trust because the irrevocable trust cannot be terminated. An irrevocable trust can be useful to shield assets from potential creditors.

Revocable Trust

As the name suggests, a revocable living trust can be terminated at any time. There’s more to “revocable” than just the option to dissolve the trust. Although the trust is the legal owner of the assets, the trust’s revocable nature allows you to continue making financial decisions on behalf of the trust.

With revocable living trusts, you, as the grantor, can have some options:

Change any of the conditions of the trust.

Move assets into or out of the trust.

Change your beneficiaries, as well as the trustee and successor trustee.

Another common practice when establishing a revocable living trust is for the grantors to name themselves trustees. The following are some additional benefits of a living trust that you can set up anytime.

Not having to deal with the probate process. When you pass away, your trust will automatically become the owner of the trust assets and will not need to go through probate.

Optimizing privacy. By using a trust, you can maintain the privacy of your assets and their distribution to your beneficiaries.

Contingency strategy.  If you create a living trust, a successor trustee can take over the administration of the trust in the event of your mental or physical incapacity.

Revocable living trusts are estate planning tools because they allow you to control the assets you transfer to the trust within your lifetime. You should always seek the advice of a competent estate planning attorney when establishing a living trust. They have the experience and are highly knowledgeable to suggest the best option for you. 

The Estate Plan

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