To Attend a FREE Workshop
currently Live Webinar

Call: 781-237-2815 or REGISTER Now

What is a Revocable Living Trust?

What is a Revocable Living Trust?

One of the most popular estate planning instruments today is the revocable living trust.Trusts are used to maintain control and disposition of assets after death, and some can be used to minimize the estate tax impact of property transfers.

The difference between a revocable and irrevocable trust is whether the trust creator can change or terminate the trust. In the revocable trust, the creator can change the terms and conditions of the trust, or even eliminate the trust altogether. An irrevocable trust, on the other hand, cannot be altered once established. When used and implemented correctly, an irrevocable living trust offers many benefits.

 

CAUTION! A Revocable Living Trust will NOT protect you from Nursing Home Costs or Lawsuits.

For more information, learn how to protect your home and other assets, go to the Medicaid Trust Planning Page.

 

Using a Revocable Living Trust for Financial Protection

A revocable living trust provides financial protection in the event you are no longer able to manage your financial affairs yourself. You can be trustee while you are healthy, but if you have a stroke or become otherwise incapacitated, your successor trustee would manage your assets in the trust.

 

Using a Revocable Living Trust for Privacy

Another benefit of revocable living trusts is continued privacy because the instrument will bypass probate. The trust can function like a will, dictating at what age children are to receive trust assets and the percentage shares of the distribution. The trust can be linked to a pour-over will, a short document that names the executor and that determines how taxes, creditors, and final expenses will be paid. The pour-over will directs the executor to gather all assets not included in the trust and pour them over into the trust. Once that happens, the trustee will follow the directions included in the trust. The pour-over will must be filed with the probate court, but because it doesn’t say much, it doesn’t reveal much.

Using Revocable Living Trusts to Avoid Probate

Regarding probate, living trusts offer another useful feature — if you own property in a state other than your state of residence, when you die, that property must go through what’s known as an ancillary probate. Many people think it’s worth setting up the trust just to avoid the out-of-state probate hassle, which necessitates hiring a lawyer in that other state.

 

Using Revocable Living Trusts as Management Tools

The living trust can be used as a tool to manage your property, and can be especially helpful if you become incapacitated because the successor trustee can manage your property, rather than a court-appointed trustee, which takes time. The benefit of having an immediate successor can be especially important if you own a business or other assets that need to be managed seamlessly.

 

Other Benefits of a Living Trust

Finally, you can include provisions in the trust that preserve the use of your estate and use the gift tax exclusion to set up other trusts that will help reduce estate taxes.

 

Disadvantages to Revocable Living Trusts

There are disadvantages to using a revocable living trust as well. The most improtant to note is that a revocable trust will not protect assets from increasing nursing home costs. For more information, please read Medicaid Trust Planning.

Additionally, you must re-title assets into the trust name, which entails a lot of paperwork. And although creditors only have a limited time after your death to make claims against your estate while it’s being probated, there is no time limit within which creditors may go after assets in a living trust.

 

Conclusion

If your goal in using a revocable living trust is only to avoid probate, there are easier ways to accomplish this task. However, the revocable living trust can provide a wide variety of estate planning benefits that are difficult to achieve with any other estate-planning tool.

Trusts can be extremely complex and generally require the aid of an experienced estate-planning attorney. Please contact us for more information on charitable trusts.

What Our Clients Experience

  • C.C. Dedham, MA

    My daughter was acquainted with Greta Atchinson, so when I had a need I naturally went to them. Both Greta and Dennis Sullivan have treated me wonderfully well! I’ve been very satisfied with the trust they did for me. Greta and Dennis were polite, caring and compassionate. They were very well prepared and helpful. I never felt rushed. I knew I needed to do something but didn’t know what. It was a great decision to go there. They were of tremendous help! Plus as a member of their Lifetime Protection Program I know they’re looking after me, plus whenever I have a question I can call them. I would absolutely recommend their services.

  • Mary McKernan, Needham, MA

    I’m extremely satisfied with the work that was done for my husband and me. Greta and the entire staff are always very helpful and nice. I’d initially found out about the Dennis Sullivan law firm when I was getting ready to retire and received a flyer from the state of Massachusetts that had various information on it. They are great people to know! We go in once a year now for a check-up that they provide. This keeps us very well informed about any developments, plus they answer all of my questions. The Sullivan group gets my highest recommendation!

  • C.B. Wellesley, MA

    We’re very pleased with the estate planning work that was done for us. My husband and I were very comfortable using their services. We originally went to one of their seminars, liked what we heard, and then came in for a consultation. I would definitely recommend going to see the people at Sullivan and Associates!

  • Mike McInerney, Framingham MA

    These people get things done! They got results in a number of different areas for me, such as estate planning, plus they’re still working with me and the state of Massachusetts in some matters involving my late wife. I first became acquainted with the Estate and Asset Protection Law Center of Dennis Sullivan & Associates a few years back. I’d seen an ad in the newspaper and went to one of Dennis’ free seminars, and then booked a consultation with him. He is very informative! Everyone there is very friendly, knowledgeable, and helpful. They are very accommodating people who get things well taken care of. I highly recommend their services!

  • J.S., Boston, MA

    I’m pleased to say they are my law firm! They’ve been very helpful to me over the years. I especially like the fact that they do a yearly check on all of my legal documents. This is a very viable service because things can change over time, and it’s good to know that I’m always current. This is very important, and I appreciate that they do this. These people do good work; they do things right!

  • H.S. Concord, MA

    Everything has gone fine. We first became familiar with the Sullivan Law Firm when we attended one of their seminars, and then made an appointment to come in for a consultation. We’ve been clients ever since. I appreciate that they continue to do a yearly review for us and advise us if we need to make any changes. As the saying goes, it’s good to have your ducks in a row! Everyone there has treated us wonderful. They are a very good group of people.

  • Noel Thyson, Winchester, MA

    I’m very satisfied with what the legal staff has done for me. Interestingly, an attorney I was using for another matter wound up recommending the Estate Planning and Asset Protection Law Center of Dennis Sullivan & Associates. I like the fact that they provide you with useful information, and quick answers. They treat you with dignity and respect. I highly recommend you go see them.

  • Matt DePalo, CPA., Natick

    The experience has been excellent. I am extremely satisfied with the Lifetime Protection Program.

  • I.C., Framingham

    The team at Dennis Sullivan & Associates is very helpful and knowledgeable. Everyone is pleasant and easy to do business with. I don't feel uncomfortable coming in. I interviewed four other attorneys...I'd rather come to you.

  • E.L., Lynn

    Thank you, Dennis, for your expert and caring assistance you have shown to me and my family. It was a trying and confusing process that needed a pro to guide us.

  • C.&J. K., Hopedale

    Thank you for all your hard work and dedication. We appreciate the promptness with which you handled our difficult situation.

  • B.S., Wayland

    We have told friends of our experience with Dennis Sullivan & Associates. We feel it has been very positive and beneficial.

  • Andy St. James, Holliston

    Dennis provided strong direction and guidance in developing and implementing a lifetime protection plan.

  • D.M. Framingham, MA

    We were very comfortable working with you and thank you for your patience in educating us about a process which frankly was quite foreign to us. We are pleased with the outcome and are pleased to recommend you to friends.

Request a Consultation

With NEW events, workshops, books, reports, & helpful education.

Resources Available By Request

Discover how you can protect your home, spouse, family and life savings from increasing medical and nursing home costs.