What Is a Reversible Living Trust?

By Tom Streissguth

In order to shelter assets from the probate courts and taxation, many people choose to create a trust. In a trust, a grantor transfers property to the care of a trustee and names a beneficiary who will inherit the property. There are many different kinds of trust, but two main forms affect how a grantor may handle the assets. These are revocable (or reversible) and irrevocable.

Irrevocable Trusts

With an irrevocable trust, the grantor gives up all control over the trust and its assets when he creates it. All decisions on handling the assets are made by the trustee, who must follow any direction or instructions that the trust contains. The grantor no longer has personal ownership of the assets the trust contains, and the assets are no longer a part of the grantor's estate for tax or probate purposes.

Reversible Trust

A revocable trust is also known as a reversible living trust. As long as the grantor is alive and capable of handling his affairs, he keeps control over the trust and its assets by naming himself as the trustee. He can terminate the trust, transfer ownership of assets back to himself or distribute the assets to beneficiaries when he chooses. Assets within a reversible trust remain part of the grantor's estate for tax purposes, so there is no tax advantage.

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Trustees and Probate

The most important advantage in a reversible trust is avoiding probate. In addition, a reversible trust allows control, as the grantor, who is also the trustee, can invest the assets, buy or sell property and distribute the income from the trust. If the grantor becomes incapacitated, the trust can appoint another trustee, if necessary, and still hold assets outside of the probate court process, which can save a considerable amount of money in legal fees and court costs.

Considerations

You can revoke a reversible trust at any time. You may also change the trust beneficiaries if you wish, or amend the distribution of assets. On the death of the grantor, the trust becomes irrevocable. Any assets outside of the trust will still be subject to probate, unless you have drawn up a back-up will to distribute these assets to your heirs.

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Is a Living Trust Liable or Subject to Probate?
 

References

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Living Trust for Married Couples

A living trust is a popular estate-planning tool, and is frequently used to avoid probate. You can use a living trust for much more than just probate avoidance. Many married couples use the living trust as a comprehensive estate-planning document that enables flexibility in the here-and-now, while providing security for the future.

What Is an Irrevocable Living Trust?

In the United States, there are various types of trusts you can create, all of which are either revocable or irrevocable. In comparison to revocable trusts, an irrevocable living trust is much more effective for eliminating your estate tax burden, in avoiding delays of asset distributions in probate courts and for Medicaid planning. However, an irrevocable trust only provides these benefits if you relinquish control over your assets.

What Are the Disadvantages of an Irrevocable Trust?

A trust is a legal device that permits a grantor to place assets under the control of a trustee, then who administers the assets for the benefit of beneficiaries named by the grantor. A living trust is a trust created while the grantor is still alive -- as opposed to a testamentary trust, which is created by the terms of the grantor's will. A trust is irrevocable if the grantor cannot unilaterally revoke it.

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