Advantages and Disadvantages of Revocable Trusts


Should I have an attorney create a revocable trust?

What is a revocable trust?

A revocable trust is a fluid trust arrangement whereby trust provisions can be revoked or changed during the settlor’s life, depending upon the settlor’s changing needs and wishes. The trustee, appointed by the settlor, holds and manages the trust assets, and has a fiduciary duty to follow the trust’s directions, which usually includes distributing assets and income of the trust to beneficiaries, which may also include the settlor.  Upon the settlor’s death, the living trust becomes irrevocable and assets are distributed according to the trust’s terms. Unlike probate, the living trust’s terms and distribution of assets remains private, and the burden upon your family members to figure out your estate in the probate process are eliminated.

Get more details on revocable trusts below, and then get in touch with the team at LaCava Law Firm, LLC in Geneva, IL to start planning your trust.

What are other benefits of a revocable trust?

Some additional benefits to the flexibility and privacy of a living trust are the avoidance of the confusing and slow probate process, avoidance of probate court costs, and avoidance of additional attorney’s fees. Moreover, if the trust assets include settlor owned real estate located outside of the settlor’s state of domicile, an ancillary probate of the real estate is avoided, making the process easier on your loved ones.

Choosing a revocable trust for your estate allows you to maintain control of your assets until you are unable to make decisions. Work with LaCava Law Firm, LLC in Geneva, IL to plan for tomorrow today!

Are there disadvantages to a revocable trust?

While revocable trusts have clear benefits, there are a few key aspects to consider before making a decision.

Creating a revocable trust takes time and effort, even with a skilled attorney. Assets have to be placed into the trust to avoid probate. Your estate plan has to also be watched annually to make sure that your revocable trust is properly maintained. This usually is best handled by a skilled trustee, who will need to be paid for these efforts. Finally, property in your revocable trust can still often be reached by creditors, so if the goal of your estate plan is asset protection, then this may not be the proper trust for you.

How can I get more details on setting up a revocable trust with an attorney?

Learn more about how to set up a revocable trust by scheduling a consultation with the team at LaCava Law Firm, LLC in Geneva, IL. Estate planning attorney Michael LaCava has the attention to detail and legal knowledge to ensure that your assets will be protected according to your wishes, and regularly partners with other professionals such as accountants and wealth managers to ensure that your estate plan is robust. Get into touch with Michael by calling (630) 444-7504 or use our contact form to start planning your estate with a revocable trust.

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Michael LaCava