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Commonly Asked Questions about Trust Forms for Parents

An irrevocable trust provides you with more protection. While you cant modify it, creditors cant easily make claims against it, and assets held within it can generally be passed on to beneficiaries without being subject to estate tax.
Here are some of the most common options: Bare trust this is the simplest kind of trust. Interest in possession trust the beneficiary can get income from the trust straight away, but doesnt have a right to the cash, property or investments that generate that income.
An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust arent considered personal property. This means theyre not included when the IRS values your estate to determine if taxes are owed.
Perhaps the biggest potential downside to a trust is the incredibly high need for competency. Whichever trust you set up, youll need to give ownership and administration control to the trustee for the entire instrument.
Irrevocable trusts are an effective way to remove assets from your taxable estate. Revocable trusts can help your estate avoid probate but they dont reduce your estate tax liability.
A Simple Trust is a trust which makes no distributions other than current income. The trust terms require all its income to be distributed currently and do not provide for charitable contributions.
The state has not adopted the Uniform Probate Code, so having a living trust could be very useful for your heirs after youve died, as it will allow them to avoid a potentially lengthy and costly probate process. You can create your living trust yourself, but, like any estate planning activity, it can get tricky.