Difference Between a Revocable vs Irrevocable Trust
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What is the difference between a revocable trust and an irrevocable trust?
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That is one of the most asked questions that I get. It's both a simple question to answer, and a very complex question to answer.
The "duh" answer is that you can amend, revoke, and change a revocable trust. But you cannot change, within certain exceptions, an irrevocable trust.
So let's look at the practical answer and examine how and why they are used. Know that there are many, many different types and reasons to use trusts, and we are just scratching the surface here.
Most revocable trusts are set up for the primary purpose of avoiding probate. Probate is the government-supervised, or court-supervised, process of transferring assets that are in your name when you die to your heirs. Many people don't like probate because it can be difficult, time-consuming, and a financial drain on the estate and the heirs. So the idea is that assets in a trust don't have to go through that process. So people create a trust and transfer assets to their trust while they are alive so that when they die, those trust assets don't go through any government oversight. They set up a "revocable trust" because they want to retain every element of control over their trust after their assets are transferred to their revocable trust.
Note, however, that virtually all revocable trusts become irrevocable when the person who set up the trust dies. The person who sets up the revocable trust does not want anyone, after death, to be able to change how the trust assets are to be disbursed.
Irrevocable trusts can be more complex because irrevocable trusts typically place certain restrictions on the parties to the trust, in order to gain certain protections. Some of the protections people look for when they establish an irrevocable trust include protection from lawsuits, protections from federal estate tax, and protection from losing assets due to nursing home stays. But in order to get these protections, your trust must be worded correctly to comply with all of the rules and regulations that affect how protected you are from lawsuits, estate tax, or nursing home expenses.
This post is for informational purposes only and does not provide legal advice. Please do not act or refrain from acting based on anything you read on this site. Using this site or communicating with Rabalais Estate Planning, LLC, through this site does not form an attorney/client relationship.
Paul Rabalais
Estate Planning Attorney
www.RabalaisEstatePlanning.com
Phone: (225) 329-2450
Пікірлер: 303
Thanks government for creating such a mess of a system that we have to go through the expense of figuring this kind of crap out.
@duster3250
7 ай бұрын
They are crooks thats why hoping theyl tire our beneficiaries out til they give up n let big gov take the$$
@sowosowo8214
27 күн бұрын
not that hard to read 😂 thankful for things like this because theres family member that will try to take the whole house and kick the other family members out.
@kinvert
27 күн бұрын
@@sowosowo8214 Yeah? Who would enforce that crap? The government. Otherwise the rest of the family would deal with it.
@jussme8820
19 күн бұрын
They do it to confuse the sheeple but what really angers me is how much money they STEAL to simply piss it away
I agree with the others--the way you give information makes it go right into my brain. You seem like a "safe" attorney and I'm gradually watching all of your videos--thanks.
HE IS A GREAT TEACHER. I AM KEEP WATCH HIS VIDEOS. I LEARN A LOT FROM HIM
Best video yet I have seen ! So thank you very much for the clarity!
Love all the videos but this is my favorite because it's A)very informative (as always) and B)LOVE the person/human side of hearing the dogs barking in the background :)
Thanks for keeping us informed!
I have learned so much from your videos! Thank you so much for sharing your knowledge with us. It’s been a huge help to us.
Love your howling pup in the background! Great sound effects of we who have to deal with estate!
Thank you for breaking this down as simply as possible.
truly appreciate the way you present this information
thank you for being crystal clear in your explanation, happy to have found your channel
These videos really helped me work through knowing the difference between the 2 choices for a trust!
Sir, thanks again for posting these educational videos.
Video was very well done. I like how you simplify the information so it makes sense. Some of these legal jargons are difficult to comprehend.
Answered my questions. Thank you for serving those who you’ll never otherwise interact with.
Thank you so much for giving such good video. Your explanation is clear, straight forward and I am going to watch all your videos.
God bless you for sharing this information. I have no experience on any of this. I'm learning.
Need to watch this 10 more times to gather more ideas. But from the first listen it helped a lot. Thanks for sharing, shouts from NYC!!!
Hello, thank you! I have a very good elderly friend who doesn’t understand these things and wants to leave certain assets to his children. The fact that he is very hard of hearing even with aids and I can use subtitles fir him to read is a great help.
Thank you so much for your videos. You explain everything clearly, giving me the ability to understand what you are teaching us. This is coming from someone who has problems in comprehending and retaining information I hear. Especially ‘boring’ things about Real Estate. Thank you!
@explodingdynamite5535
2 жыл бұрын
🤣🤣
@explodingdynamite5535
2 жыл бұрын
But so true
Great teacher. Presented in very understandable terms
Thank you, Paul! Your videos and resources are invaluable to me as I finally begin the financial education for myself I never received when I was younger! Infinite gratitude to you!
Thank you for explaining this subject to so clearly. I'm a new subscriber and learning so much.
Appreciate the effort! Currently trying to do a trust and VERY USEFUL! Thanks
Thank you for taking the time to explain
I think I like the revocable trust because that way you can kinda like change things and take things out so I’m gonna go revocable. Thank you for your input and keep on putting out more information about anything thank you.
Bonjour, l am a Canadian who lives in Vancouver British Columbia Canada. I watch all of your KZread videos in your channel. I love your videos.
@americasestateplanninglawy1946
4 жыл бұрын
Thanks for watching from Vancouver! 😍
I want to set up both types of trusts and don’t not want ANY attorneys involved after the setting of the trusts with total control. In Detroit a greedy attorney is on trial for stealing money from the heir to the Carrhart estate.
Thank you for the advice. Definitely beneficial for my future usage of trusts!
Great info, Thank You Sir!
Paul I love your informative videos but after going to a lawyer, I was surprised to learn you can put just your house in an irrevocable trust and not other asserts.
Paul, thanks for the very informative videos. What credentials should one look for in an Estate Planner to ensure they are qualified?
Thank you for the concise information. I know what direction to take.
thanks for clarifying the difference
This was really good. Way better than what I've been reading online which really wasn't helpful to the specifics. You may think you provided high level, but I thought was very detailed. Thank you!
@americasestateplanninglawy1946
8 ай бұрын
Awesome, thank you!
THANK YOU.....VERY WELL EXPLAINED.............SAVED...FOR FUTURE USE FOR FAMILY...ETC
Hi Paul - great job on the video. A possible topic might be “what if the trust was not funded” (for personal reasons…)
Thanks for this valuable information. I was just about to do a quick claim, for my home, to my grandson. Luckily, I seen your video, I have 6 grands, and I will be doing the irrevocable trust, instead! Thanks!
Thank you Sir!!!
Thank you soooo much! you have eased a huge burden off my shoulders with your sucinct and robust explanation :)!
studying for series 66. thanks for the vids
Thank you so much! So helpful!
Thank you, thank you, thank...Paul
Great video thanks for you time doing this great info.
Hi Hope You Are Well Thank you for sharing so many years of school very easy to understand videos. Hope one day youtube will have a honor award to best video of the year informative good content,
Great video.....informative and clear.
Thanks so much!
I am a retired 51 year old veteran who is now a 2L in law school. LOVE your videos. Not the area of law I plan to practice (though you certainly have my respect brother) - I am attending law school to become an ADA in Alaska (where I was stationed and still have a house) I post your videos to my FB page - you have a great knack for explaining things in a way that they are easy to understand. This channel was a great choice to put your area of the law "out there" and to help folks understand estate planning. Of course "Always consult an attorney" - be well - and thanks for your hard work in making these videos.
@Elizabeth-yg2mg
3 жыл бұрын
What is an ADA?
@StevenMRA
3 жыл бұрын
@@Elizabeth-yg2mg Oh, sorry - Assistant District Attorney. I should avoid "jargon" and just spell things out - my mistake.
@Elizabeth-yg2mg
3 жыл бұрын
@@StevenMRA Thanks--good luck!
@ginalowe9103
3 жыл бұрын
Assistant District Attorney.
@ArnoldZiffle-jw2mv
3 жыл бұрын
@@StevenMRA seriously you need to get into estate planning when you start your practice, you will help all your clients avoid probate & other negatives. I worked in a big estates & probate department as a young person & it was easy once you learn the rules. All of our corporate business clients eventually became our estate planning clients because its just a natural progression.
great demonstration
Good job Paul, Thank you creating this explanatory video. AAA+++
Awesome Sir!
Excellent! Thank you!
very useful information.. Thank you!
Thank you, great info!
Great presentation thank you
Fantastic info! Maybe covered elsewhere, but I'm curious how rental land (such as farmland) and principal residences are treated inside an irrevocable trust.
@toriless
2 жыл бұрын
They are treated like any other asset but you must title the deed to the trust not the beneficiary. Deeds are all the same regardless of use.
Thank You Sir
Very informative. Thank you ✨️
Great article!!!
Thanks. Very informative. Irrevocable Trust for me.😍😍😍
Great explanation. Tax accountant that does prepares plenty of these trust.
thank you !
Thank you so very much.
This was very helpful, thank you for posting!
@americasestateplanninglawy1946
3 жыл бұрын
Glad it was helpful!
@Lili-xq9sn
2 жыл бұрын
@@americasestateplanninglawy1946 it would be more helpful if you answered specific questions in the comments. Thank you.
I love these videos
Thank you!
Thank you for this information! You explained everything very well. You said to ask questions, so here’s my question😊 My situation is I’m going through a divorce, and I hate to have to sale our home since Hawaii real estate has sky rocketed I would like to pass the home to our children instead of selling it, so I was thinking to do an irrevocable trust, to ensure that the home will in fact go to our children, since we will be divorced, but my husband will continue to live in the home. And he has incurred debt that our children are willing to help pay off, but they want to know for certain that they will inherit the house. Is a irrevocable trust a good way to ensure the children will get the home?
Thank you !!!
I appreciate all of your information on living Trust Thank you.
@americasestateplanninglawy1946
3 жыл бұрын
Thanks EC! 😎
Very informative
Thank you.
Are you familiar with the Laws that give the irrevocable trust the power to define what income is? Thank you for your explanation on the differences between the revocable and irrevocable trust.
Paul, great informative videos. Thank you for sharing this information. In one of you videos on Trust, you mentioned Testamentary Trust. Can you do a separate video on this topic relative to "Bloodline" highlighting pros and cons. Include details on taxes and inherited IRA's. Thank you.
Thank you
I appreciate the video, but I'm more confused after watching it than before. You probably explained it well, but it's just an incredibly complicated subject.
In SC, if the property adjoins the homestead property,nursing homes can’t touch it,even if a road divides it. If property is in another area,but you use the land for income,they can’t touch it.
Thanks for your insight , so the question on irrevocable trust is : For IRS / tax purposes who pays the tax . Does the trustee (parent) pays the tax or is the income from the trust to be reported to the beneficiary and ben has to pay tax. Would appreciate your answer. Thanks.
@Elizabeth-yg2mg
3 жыл бұрын
Paul has a video "How to do trusts get taxed".
good info.
😂😂❤❤❤😅 this is an orginal person, i love it! And that cute Dog ❤, thank you for Information i follow, this is not a fake person!!! This is good.
THAN YOU VERY MUCH
Is an revocable trust immune to liens imposed after death but before the estate is sorted? Do all revocable trusts become irrevocable upon death of the grantor? If not, is there a short answer to why or when? Thank you for your simple and easy to assimilate descriptions of very complex monetary establishments.
Great videos and very important information! My question is can someone have both a revocable and irrevocable trust at the same time?
@toriless
2 жыл бұрын
Yes, but they should be titled differently. Assets you do not want to be available for redistribution vs those you want without restrictions in the other.
Hi I have learned a lot with your information Thanks I have A question if assets are, how income producing and I need that income , How do we have to lease and enjoy from revenu during the years and how would be taxes filled ?
Thank you for your clear and succinct explanation of these trusts. I live in Baltimore, Maryland and wonder how to find a good attorney. I don’t want to just go to the yellow pages- which obviously don’t exist any more. ☺ Any suggestions?.
Thanks
Simply understood thank you. Any special irrevocable trusts you mentioned and need a lawyer or can you use an online platform to set up special irrevocable trusts along with a revocable trust to save money using a lawyer?
Thanks for a clear understanding. I. Ghee
Your videos are excellent. I like the way you start with basics. Generally in a trust, such as a special needs trust, is a bank or financial institution named to hold the money or securities? The second part of this is, if an institution is named and they have merged, been sold, or are no longer in business at the death of the trustee or the one that set up the trust, what happens at that point?
What is the instrument one would use to leave money to kids currently under age 10 but I don't want them to get it before age 25? If you covered this in another video, a link would be most appreciated. Thank you for what you are doing!
It's better to live with some/ certain protections that can't be changed in the irrevocable trust funds. Reasons being changing times to lesson stress.
@toriless
2 жыл бұрын
Yes, something like property is more appropriate in a irrevocable trust since it cannot be spent down like an IRA. The IRA would be subject to restrictions.
Great explanation Paul. Thank you thank you.
@americasestateplanninglawy1946
4 жыл бұрын
You’re welcome JK 😀
like the question below how do we find a estate planner? are there certain qualifications or education degrees that we must look for to know whom is qualified.
So I’m hearing Nursing home quite a bit during this conversation and so those that make exceptional income long term care plan is essential with a trust
As usual, so helpful!
Thank you. You cleared the fog. I finally can sleep again. Downey California
Revocable Trust: You can change it; Avoiding Lawyers; They become irrevocable when they die. Irrevocable Trust: You cannot change it; To avoid state taxes; Get assets out of their name;
@DollyC69
2 жыл бұрын
Concerning state taxes, are you saying you don't pay them if they are in an irrevocable trust? Sorry, not understanding.
“Gazillion” ... That’s a lot, right? Lol. Thanks for keeping it simple, practical and on point! Thumbs up 👍🏻
I need to know more. So lost and don’t wanna take any step until I know I’m maligning the correct decision
thank you this really helps I am gong to see my trust lawyer because my binder is so big I really dont know what will make it easy for the people who are going to be i control. I am going to see what can be done to keep my son in law out of it and give my grand son and daught in control of the house i want them to have he is autistic
Great video! What if Mary dies first, can John change their revocable or irrevocable trust?