Differences Between Irrevocable and Revocable Trusts
| Irrevocable Trusts | Revocable Trusts |
| The trust is issued a Tax Identification Number. | The trust is not issued a Tax Identification Number. |
| The terms of the trust agreement cannot be amended after the trust agreement is executed. The trust agreement can include trust protector language, which may permit the trust protector to revise the trust agreement for tax purposes or to accommodate a beneficiary who has special needs. The trust protector may also remove and appoint trustees, but they cannot amend terms such as the identification of the beneficiaries or amount of assets to be distributed to each beneficiary. | The terms of the trust agreement, including the identification of the beneficiaries and amount of assets to be distributed to each beneficiary, can be amended after the trust agreement is executed. However, often when the grantor or first to die of the grantors passes away, the trust becomes irrevocable, so at that point, the terms can no longer be amended. |
| The assets put into the trust are no longer a part of the grantor’s estate, which makes irrevocable trusts a powerful asset protection tool. | The assets put into the trust remain a part of the grantor’s estate, so revocable trusts are not useful for asset protection. |
| The assets in the trust can be used for the benefit of the beneficiaries without the beneficiaries having to own the assets outright. | The assets put into the trust will pass directly to the named beneficiaries on the death of the grantor(s), so they may be used to pass property to the beneficiaries as a way to “avoid probate.” To completely avoid probate, all of the grantor’s otherwise probable assets would need to be transferred to the trust. For example, if one bank account is omitted, the grantor’s estate will need to be probated. |
Our office regularly assists clients with determining which type of trust will meet their goals, drafting the trust agreement, obtaining the Tax Identification Number (if needed), and providing education regarding how to properly use the trust.
If you are interested in learning more about which type of trust may be beneficial for you, please call Waldron & Schneider to schedule an appointment for a consultation with one of our experienced attorneys.
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.
Throw back Thursday. In 1998, the attorneys and staff of Waldron & Schneider broke ground at the current location.
I remember that! Loved working there ❤️
I've never seen this before!
Makes me sad. But love it
Randy and Robbye ❤️
Oh wow!
Partner Kimberly Bartley writes about why a business may need a risk assessment policy in her blog.
Why do I need a Risk Assessment Policy?
www.ws-law.com
Risk Assessment Policies are a great tool to help business define areas of risk or vulnerability, both to their staff and customers.Partner Richard Simmons with his wife Jennifer and State Rep. Dennis Paul at the Space Center Rotary LEAP awards
Congratulations to partner Richard Simmons’ son Jacob and the Lakers for winning the Clear Lake Boys Basketball 2023 Championship.
Associate Attorney Shawn Williamson and his wife Kim Williamson attended the Economic Alliance Houston Port Region Annual Membership Banquet with Royal Harbor Partners Wealth Management Firm. The Economic Alliance brings together the industries main players and members of the Economic Alliance. Waldron and Schneider was honored represent the firm and it's commitment to the local economy and its businesses, small and large.