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Estate Planning

Different Types of Trusts

What are the different types of trusts in an Estate Plan. What are the differences?  Here are just a few commonly known trusts used in Estate planning.

Revocable Living Trust:
This trust is created during the grantor’s lifetime and can be altered or revoked at any time. It allows assets to bypass probate, potentially providing privacy and avoiding the costs and delays associated with probate. Typically, the grantor also serves as the trustee during their lifetime, retaining control over the assets. Upon the grantor’s death or incapacitation, a successor trustee takes over and manages or distributes the assets according to the trust’s terms.

Irrevocable Trust:
Once established, this type of trust generally cannot be modified or revoked by the grantor. Irrevocable trusts can offer estate tax benefits, asset protection from creditors, and Medicaid planning advantages. Because the grantor gives up control over the assets, they may be shielded from estate taxes and creditors’ claims. Common types of irrevocable trusts include irrevocable life insurance trusts (ILITs), charitable trusts, and asset protection trusts.

Charitable Trust:
These trusts are established to benefit charitable organizations or purposes. They can provide tax benefits for the grantor and their heirs while supporting philanthropic causes. Charitable trusts can be structured in various ways, such as charitable remainder trusts (CRTs) and charitable lead trusts (CLTs), each offering different income and estate tax benefits.

Special Needs Trust (SNT):
Also known as a supplemental needs trust, this type of trust is designed to provide for the needs of a beneficiary with disabilities without jeopardizing their eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI). The trust can cover expenses not covered by public assistance programs, enhancing the beneficiary’s quality of life while preserving their eligibility for government benefits.

Testamentary Trust:
Unlike a living trust, which is created during the grantor’s lifetime, a testamentary trust is established through the grantor’s will and takes effect upon their death. This type of trust can be used to manage assets for minor children, provide for beneficiaries with special needs, or impose conditions on the distribution of assets.

Asset Protection Trust:
These trusts are designed to shield assets from creditors or legal claims. Depending on the jurisdiction, asset protection trusts can offer varying degrees of protection against creditors while allowing the grantor to retain certain benefits or control over the assets.

Qualified Terminable Interest Property (QTIP) Trust:
This type of trust is commonly used in estate planning to provide for a surviving spouse while ensuring that the remaining assets ultimately pass to beneficiaries designated by the grantor, such as children from a previous marriage. QTIP trusts can help maximize estate tax exemptions and provide for blended families.

Last Will and Testament:
A will outlines how you want your assets to be distributed upon your death. It also names an executor to manage the distribution of your assets and can designate guardians for minor children if applicable.

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