Houser Firm

Avoid these 4 mistakes when setting up an irrevocable trust

On Behalf of | Aug 1, 2023 | Trusts & Wills

An irrevocable trust can be an excellent estate planning tool for protecting and managing your assets for the long term. However, navigating the intricate world of trusts requires careful planning and action. Mistakes can be costly, with the potential of derailing your estate plans.

Below are some blunders to avoid when creating an irrevocable trust to ensure a successful plan for your estate and loved ones’ future.

1. Not choosing the right trustee

One of the most crucial decisions you must make is appointing the right trustee – an individual or entity responsible for managing the trust and its assets, making critical decisions and ensuring your wishes are fulfilled. 

Do not base your decision on friendship or family relations. The trustee holds a lot of power and responsibility, so choosing someone reliable, trustworthy, competent and knowledgeable is important. 

2. Improperly funding the trust

Creating a trust is not all you have to do. You must also fund it and do it correctly. Otherwise, you may end up with an empty shell or a trust with no assets. It beats the whole purpose of creating the trust, as the beneficiaries will not benefit.

3. Ignoring the tax implications

Irrevocable trusts can have complex tax consequences, depending on the type of trust, the assets involved and the distribution rules. Since they are generally treated as separate entities for tax purposes, irrevocable trusts may be subject to income tax, capital gains tax, gift tax, estate tax and generation-skipping transfer tax.

Creating a trust without understanding the tax consequences could expose your estate to unintended tax burdens, which can be counterproductive.

4. Rushing the decision

Creating an irrevocable trust is a significant financial decision that requires careful consideration. Don’t rush into it without fully understanding the implications and benefits. It is difficult to amend or revoke an irrevocable trust, meaning you cannot change your mind once everything is up and running.

If you are considering creating an irrevocable trust, seeking legal guidance can help you navigate the complexities and make informed decisions. That way, you will rest assured that you have solid estate plans that will protect your loved ones’ future.