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How Irrevocable Trusts Can Help Eliminate Estate Taxes

Irrevocable trusts may help save on estate taxes. But there’s a catch…

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An irrevocable trust may help ensure your wishes are followed after you pass, but could come at a cost: the trust’s flexibility.

If you’re considering a trust for your assets, your lifestyle and personal preferences may dictate whether an irrevocable or revocable trust could be more appropriate for your situation.

One important note: These types of trusts are not only for the ultra wealthy. People from a wide range of financial means may benefit from an irrevocable trust.

Speaking with a fiduciary financial advisor could be a great first step to determining if a trust makes sense for your financial situation and figuring out which type of trust could work for you.

Fiduciary financial advisors may be well-versed in developing intricate trusts, and may be able to help find ways to reduce taxes for you and your heirs, mitigate risk and help satisfy your final wishes.

A 2023 Northwestern Mutual study found that 70% of U.S. millionaires not only work with a financial advisor, but consider financial advisors "their most trusted source of financial advice."1

The value of working with a financial advisor varies by person and advisors are legally prohibited from promising returns, but research suggests people who work with a financial advisor could end up with about 15% more money to spend in retirement.2

Hiring an advisor could increase your returns by 2x

Assuming 5% annualized growth of $500k portfolio vs 8% annualized growth of advisor managed portfolio over 25 years.

The hypothetical study discussed above assumes a 5% net return and a 3% net annual value add for professional financial advice to performance based on the Vanguard Whitepaper “Putting a Value on your Value, Quantifying Vanguard Advisor's Alpha”. Please carefully review the methodologies employed in the Vanguard Whitepaper. To receive a copy of the whitepaper, please contact compliance@smartasset.com. The value of professional investment advice is only an illustrative estimate and varies with each unique client's individual circumstances and portfolio composition. Carefully consider your investment objectives, risk factors, and perform your own due diligence before choosing an investment adviser.

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What Is an Irrevocable Trust?

An irrevocable trust is just that: irrevocable. The person who creates the trust – the grantor – can’t make any changes once it’s finalized.

Once you transfer ownership into the trust, or fund it, only a beneficiary can make and approve potential changes. You don’t have control over those assets anymore.

Any changes also require the signatures of its beneficiaries.

Revocable trusts may be more common and allow the grantor to retain all rights, make changes or even terminate the trust.

Click here to get matched with a fiduciary financial advisor who may be able to help answer your estate planning questions and which type of trust might work for your situation.

Types of Irrevocable Trusts

1. Irrevocable Life Insurance Trust

An irrevocable life insurance trust is a trust designated as the beneficiary of your life insurance policy.

When you pass, potential proceeds are paid into the trust before a trustee manages them for your beneficiaries. An irrevocable life insurance trust may be worth considering if you want to avoid estate taxes on potentially large life insurance payouts.

2. Irrevocable Marital Trust

A bypass trust, or marital trust, transfers assets from one spouse to another at the time of the first spouse’s death. The surviving spouse has a trustee managing those assets, which keeps them outside of the estate.

The surviving spouse can receive income from the trust as well as the principal if the grantor gives either the trustee or the surviving spouse the power to do so. When the surviving spouse dies, the potential remaining assets may go to beneficiaries, free of the estate tax.

3. Irrevocable Charitable Trust

There are also two irrevocable charitable trust options: a charitable lead trust and a charitable remainder trust. The first may allow you to yield certain assets to charitable organizations, with the rest of your assets going to your beneficiaries.

A charitable remainder trust may allow you to receive income from your assets for a set period. Any remaining assets or income go to a charity of your choice.

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When Is an Irrevocable Trust a Good Idea?

Simply put, an irrevocable trust can be a way to potentially save money on your tax bill.

Since you’re rescinding ownership of certain assets – as they’re now in the trust – you’re no longer liable for estate tax.

An irrevocable trust may also limit your estate’s vulnerability to creditors. If you die in debt, and your assets are not in a trust, they may potentially be sold to pay off what you owe. Revocable trusts do not offer that type of protection since they’re still in the owner’s name.

If you want to pass along your estate to your heirs, an irrevocable trust may help.

Considering an irrevocable trust? This free quiz can match you with up to three fiduciary financial advisors who serve your area and may be able to answer your questions.

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How to Get Help With Trusts and Estate Planning

There are several options when it comes to securing your legacy through trusts and estate planning. Your final wishes and what you plan to leave behind is up to you, but could have potential financial consequences for your heirs.

That’s where a fiduciary financial advisor may be able to help. Fiduciaries may be well-versed in developing estate planning strategies based on unique financial situations. Additionally, any conflicts of interest must be disclosed, and fiduciaries are obligated to work in your best interest.

Finding a fiduciary shouldn't be that hard. Thankfully, now it isn't.

SmartAsset’s free matching quiz can match you with up to three fiduciary advisors who serve your area. From there, you can compare and decide which advisor to work with. All advisors on SmartAsset’s matching platform have been vetted through our proprietary due diligence process.

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