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Do You Need An Irrevocable Trust?

Quinton J. Miller • March 15, 2019
I’m a big fan of Irrevocable Trusts… in the right circumstances and for the right clients. When it comes to trusts, one size does not fit all, and competent legal advice is critical to avoid complications and headaches. As I like to put it, a trust is a tool but it lacks magical powers.

Traditionally, Irrevocable Trusts were used to avoid estate taxes. This is less common now that the estate tax exemption is over five million per person. Today, Irrevocable Trusts are more often used to provide for beneficiaries with special needs, or to protect assets while qualifying for public assistance such as Medi-Cal.

It is important to understand that the creator of an Irrevocable Trust has limited control, if any, over the trust assets. In a traditional Revocable Living Trust, assets placed in the trust remain under your control and for your benefit. You can amend or revoke your Revocable Living Trust at will. By contrast, an asset placed into an Irrevocable Trust largely passes beyond your control. The asset will be governed by the terms of the trust, which by definition cannot be changed or revoked.

For this reason, you need to make sure that an irrevocable trust is appropriate for your needs and situation before moving forward. An inappropriate irrevocable trust can require a court order to amend or undo.

Trust formation and creation is client specific, and one size does not fit all. For this reason you need an experienced professional to help you evaluate your needs and then create a plan to accomplish that goal. The professionals at the Law Offices of Quinton J. Miller have the experience and expertise you need when it comes to your estate plan. We know the questions to ask and can help you accomplish your goals. Connect with us today.

The Law Office of Quinton J. Miller is a general practice law firm with an emphasis on Estate Planning and serves clients throughout Sacramento and Northern California.  We assist clients with estate and long term care planning, and small businesses with transition planning, litigation, and general business needs.  For more information or to schedule a consultation, please contact us at (916) 714-1717 or visit our website at www.QuintonLaw.com.
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