An Irrevocable Trust Is

An Irrevocable Trust is one you generally cannot amend, change, or revoke without the consent of its beneficiaries. Once assets are transferred in, you give up control over them. That loss of control is exactly what gives the Trust its power: assets outside your control can be shielded from creditors, lawsuits, and certain long-term care costs.

What It Can Accomplish

Irrevocable and Asset Protection Trusts are used for a few distinct purposes: protecting assets from creditors or a future lawsuit, Medicaid Planning for the cost of long-term care, and in some cases reducing estate tax exposure. The right structure depends on what you own, who you want to protect, and what risks you are planning for.

The Trade-Offs

Giving up control is a serious decision. An Irrevocable Trust is not right for everyone, and it should never be entered into without understanding exactly what you are giving up and what you are gaining. There are also timing rules to understand - planning works very differently before a problem exists than after one starts.

How It Works With Rosswurm Legal

Tracey comes to your home and walks you through whether an Irrevocable or Asset Protection Trust fits your situation - honestly, including the cases where it does not. If it makes sense, Tracey creates the Plan and assists with funding, then follows through to make sure everything is in place. Flat fee, no hourly billing.

Frequently Asked Questions

What's the difference between revocable and Irrevocable Trusts?

A Revocable Trust you can change or end at any time. An Irrevocable Trust generally cannot be amended or revoked without the consent of the beneficiaries. In exchange for giving up control, an Irrevocable Trust can offer asset protection and other benefits a Revocable Trust cannot.

Can I ever change an Irrevocable Trust?

Generally no - that's the trade-off. Because you give up control, the assets can be protected from creditors and other claims. Some Irrevocable Trusts include flexibility provisions, but the whole point is that the assets are out of your reach.

Is an Irrevocable Trust right for me?

It depends entirely on your situation - your assets, your family, your goals, and your concerns. Tracey will walk you through whether an irrevocable or Asset Protection Trust makes sense for you, and what it would and would not accomplish.

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Start Your Plan Today

Rosswurm Legal, LLC is committed to answering your questions, providing guidance, advice, and peace of mind. Schedule a home consultation and see how simple Estate Planning can be.

Rosswurm Legal, LLC
429 E. DuPont Road, #257
Fort Wayne, IN 46825
260-699-4055
willsandtrusts@rosswurmlegalllc.com

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