As an estate planning lawyer, I am often asked about the difference between a revocable and an irrevocable trust and what type of trust I would recommend. Both types of trusts offer unique advantages in managing and transferring assets across generations, each catering to different estate planning goals. What type of trust is appropriate depends entirely on your individual facts and circumstances; as such, you must consult with an experienced estate planning attorney and trust lawyer to help you create an estate plan that works for you and your family. 
Understanding Revocable Trusts in Estate Planning
A revocable trust, often called a "living" trust, is a flexible estate planning tool allowing the trust creator or grantor to modify or dissolve the trust as their circumstances change. This type of trust is instrumental in asset management, especially as the grantor ages. By appointing themselves as trustee, the grantor retains control over the trust's assets, with the ability to designate successor trustees, such as children, to manage the assets upon their passing. Revocable trusts can even encompass charitable giving or the establishment of scholarship funds. Additionally, they safeguard against court-appointed conservatorship in cases of incapacitation or illness.
Benefits of Revocable Trusts
- Flexibility and Control: Revocable trusts offer the ease of amending trust terms, ensuring the trust remains aligned with the grantor's evolving needs.
- Asset Management Continuity: In case of incapacitation, successor trustees or appointed attorneys can manage the trust seamlessly.
- Probate Avoidance and Privacy: One of the hallmarks of a revocable living trust is that it generally avoids probate and maintains the confidentiality of the grantor's assets and estate plans.
However, it's crucial to note that revocable trusts generally don't offer protection against creditors' or predators' claims.
Understanding Irrevocable Trusts in Estate Planning
An irrevocable trust, once established, is generally unalterable, meaning assets transferred into the trust are permanently out of the grantor's direct control. This type of trust benefits those seeking to reduce estate taxes and protect assets from creditors, as the trust, not the grantor, legally owns the assets. Irrevocable trusts are particularly advantageous for those with significant wealth, facilitating long-term asset protection and potential eligibility for specific government programs.
Advantages of Irrevocable Trusts in Estate Planning
- Estate Tax Reduction: In some cases, transferring assets into an irrevocable trust can significantly reduce or eliminate estate taxes on those assets.
- Creditor Protection: If set up correctly and in accordance with your state law, Assets in the trust can be safeguarded from creditors.
- Probate Bypass and Privacy: Like revocable trusts, irrevocable trusts generally bypass probate and offer privacy.
However, the rigidity of irrevocable trusts and relinquishing control over assets can be challenging for some grantors and not always advisable.
Choosing the Right Trust for Your Needs in Tallahassee
The decision between a revocable and an irrevocable trust depends on individual circumstances, such as the need for control, asset protection, and tax considerations. For those prioritizing control and simplicity, a revocable trust is often preferable. Conversely, if asset protection is a crucial priority, an irrevocable trust might be the better choice.
In conclusion, revocable and irrevocable trusts offer distinct benefits for estate planning in Tallahassee. Understanding your unique needs and consulting with a skilled estate planning attorney can help you determine the best approach for your situation.
