What is an Irrevocable Trust
Understanding Irrevocable Trusts in Estate PlanningAn irrevocable trust is a pivotal instrument in estate planning, primarily utilized for asset protection, estate tax planning, and safeguarding family members with disabilities. Unlike revocable trusts, irrevocable trusts cannot be undone once established, making them a significant decision in your estate planning journey.
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The Key Distinction of Irrevocable Trusts
Irrevocable trusts offer many of the same benefits as their revocable counterparts, such as avoiding probate, managing minor's assets, and providing clear guidelines for asset management. However, the crucial difference lies in their permanence—once established, irrevocable trusts cannot be altered or revoked.
Choosing to create an irrevocable trust involves assessing the balance between its potential advantages and the permanence of its decisions. Consulting with an experienced estate planning attorney is crucial in making an informed choice based on your unique circumstances.
Choosing to create an irrevocable trust involves assessing the balance between its potential advantages and the permanence of its decisions. Consulting with an experienced estate planning attorney is crucial in making an informed choice based on your unique circumstances.
Achieving Key Objectives with Irrevocable Trusts
Let's explore some examples of what you can achieve with irrevocable trusts that cannot be accomplished through revocable trusts.
1. Removing Assets From Your Taxable Estate
In Massachusetts, estates worth 2 million or more are subject to estate taxes. Considering assets like your home, life insurance proceeds, and retirement funds, this threshold is within reach for many individuals.
Married couples can use family trust strategies with revocable trusts to maximize exemptions. However, those who aren't married or whose combined assets exceed $4 million need additional strategies.
Gifting is one such strategy, allowing tax-free gifts up to the federal gift tax threshold (currently $17,000 per beneficiary). Irrevocable trusts, such as Crummey Trusts, come into play when you want to ensure assets go to grandchildren or other family members after your children's lifetimes. Crummey Trusts are irrevocable to ensure gift tax exemption.
Married couples can use family trust strategies with revocable trusts to maximize exemptions. However, those who aren't married or whose combined assets exceed $4 million need additional strategies.
Gifting is one such strategy, allowing tax-free gifts up to the federal gift tax threshold (currently $17,000 per beneficiary). Irrevocable trusts, such as Crummey Trusts, come into play when you want to ensure assets go to grandchildren or other family members after your children's lifetimes. Crummey Trusts are irrevocable to ensure gift tax exemption.
2. Protecting Assets from Assisted Living Costs
Long-term care expenses can be financially overwhelming, potentially depleting your hard-earned legacy. Medicaid, or Masshealth in Massachusetts, is a lifeline for many families. Still, eligibility requires a countable estate with limited assets.
For those seeking to preserve some assets while accessing Medicaid benefits, a specific type of irrevocable trust, known as an asset protection trust, can be the solution. It allows you to safeguard assets in case you need Medicaid assistance in the future.
For those seeking to preserve some assets while accessing Medicaid benefits, a specific type of irrevocable trust, known as an asset protection trust, can be the solution. It allows you to safeguard assets in case you need Medicaid assistance in the future.
3. Planning for Family Members With Special Needs
Caring for family members with special needs involves ensuring they receive vital government benefits. However, these benefits can be jeopardized if the individual possesses too many assets.
Irrevocable special needs trusts provide a solution. These trusts allow you to provide for the supplemental needs of your loved ones, with any remaining assets benefiting other family members after their passing, all while preserving benefits eligibility.
Irrevocable special needs trusts provide a solution. These trusts allow you to provide for the supplemental needs of your loved ones, with any remaining assets benefiting other family members after their passing, all while preserving benefits eligibility.
Meet Our Estate Planning Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
How We Can Help
Irrevocable trusts are indispensable tools for achieving these essential goals. Their permanence guarantees the integrity of your planning objectives. Consult with our experienced estate planning attorneys to navigate the complexities and determine if an irrevocable trust aligns with your estate planning strategy. Your tailored solution awaits. You can start by using the button below to schedule a free information call, or simply give us a call at 781-784-2322.
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