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What is an irrevocable trust?

On Behalf of | May 6, 2026 | Estate Planning

People who are creating an estate plan have options for how they transfer assets to their loved ones. One of these options is a trust, which is classified as either a revocable or an irrevocable trust. Some people lean toward revocable trusts because they can be changed. Those individuals may not realize that there are specific benefits that come with irrevocable trusts. 

An irrevocable trust can’t be changed or cancelled unless the court or the named beneficiaries agree to the changes. The permanency of this type of trust makes certain benefits possible, so it’s critical to understand how these trusts work. 

What happens when you set up an irrevocable trust?

When you establish and fund an irrevocable trust, the assets in the trust aren’t in your control any longer. Instead, the trustee controls the assets. They are responsible for everything related to the assets until you pass away. Once you pass away, the trustee ensures the assets are handed down to the beneficiaries in the intended manner. 

What are the benefits of the irrevocable trust?

Assets held in a trust can be distributed to the beneficiaries directly because trusts don’t have to go through the probate process. Bypassing trust also means that the beneficiaries will have more privacy since the terms of the trust aren’t part of the court record. 

Another benefit of an irrevocable trust is that your creditors can’t stake claim to the assets in the trust. This is only possible because you relinquish control of the assets to the trustee. 

It’s critical to understand how to establish a comprehensive estate plan, including a trust. Working with someone who’s familiar with your circumstances may be beneficial as you get everything together. 

 

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