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How to Replace Circle to the Revocable Living Trust

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hey Paul Rabelais here Im an estate planning attorney and Im here to talk about how to amend modify or revoke your revocable living trust so across my state Louisiana and really across the country many many people millions of people have set up revocable living trusts in an attempt to simplify their estate settlement when they pass away the thought process is if things are in your name theyre frozen when you pass away your survivors have to hire lawyers go through a court process attorney involvement delay expense so many people in an attempt to avoid that they establish what we call their revocable living trust things in a trust when you pass away dont have to go through that court process it simplifies the estate settlement so occasionally sometimes people set up their living trust and and and in their trust instrument its dictated who gets the trust assets when they die whos going to be the trustee in charge of those distributions so the trust really replaces the will sometime

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Below are some common questions from our customers that may provide you with the answer you're looking for. If you can't find an answer to your question, please don't hesitate to reach out to us.

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Are most living trusts revocable or irrevocable?

Like most estate planning tools, the type of trust you use to protect your assets depends on your specific circumstances and needs. Overall, revocable trusts tend to be more common because of the flexibility they offer. However, there are some situations that align better with an irrevocable trust.

Why would someone want an irrevocable trust?

The only three times you might want to consider creating an irrevocable trust is when you want to (1) minimize estate taxes, (2) become eligible for government programs, or (3) protect your assets from your creditors.

What are the major disadvantages of revocable living trusts?

The main disadvantage of a revocable living trust is that it does not protect you from creditors or lawsuits. Because you have control of everything in your trust and have access to the assets, you can still be sued for liability.

Can you change from irrevocable to revocable?

Irrevocable trusts are just that irrevocable. Therefore, when asking the question can an irrevocable trust be amended? the answer is usually no you normally cannot revoke or amend them.

Why choose an irrevocable trust over a revocable trust?

An irrevocable trust usually cant be changed without a court order or the approval of all the trusts beneficiaries. This makes an irrevocable trust less flexible. But an irrevocable trust can protect trust assets from certain creditors and estate taxes, while a revocable trust cannot.

What kind of trust does Suze Orman recommend?

Revocable Living Trust - Do You Need One? Suze Orman explains why everyone needs a living revocable trust to protect their health and finances.

Which is better revocable or irrevocable trust?

When it comes to protection of assets, an irrevocable trust is far better than a revocable trust. Again, the reason for this is that if the trust is revocable, an individual who created the trust retains complete control over all trust assets.

What are the disadvantages of an irrevocable trust?

The downside to irrevocable trusts is that you cant change them. And you cant act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them, which can be a huge danger if you arent confident about the reason youre setting up the trust to begin with.

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