Firm Logo
We’re Here When You Need Us

We Have Your Best
Interest In Mind

Photo of Professionals at Law Office of Rebecca L. Evans
  1. Home
  2.  » 
  3. Wills
  4.  » Choosing the right trusts for your Virginia estate plan

Choosing the right trusts for your Virginia estate plan

On Behalf of | Dec 13, 2023 | Wills |

Creating an estate plan is an important step in managing your assets and ensuring your loved ones receive your legacy as intended. Incorporating trusts into your estate plan can offer numerous benefits, including avoiding probate, reducing estate taxes and protecting your assets. According to CNBC, only 18% of people with end-of-life plans had a trust in 2021.

Understanding the different types of trusts available and their specific purposes is key to making informed decisions about your estate plan.

Revocable living trusts

A revocable living trust is a popular choice for many. You can create this trust during your lifetime and retain the ability to change or revoke it at any time. This type of trust allows you to manage your assets while you are alive and ensure your loved ones distribute them according to your wishes upon your death, bypassing the often lengthy and costly probate process. It is an excellent tool for maintaining privacy and control over your estate.

Irrevocable trusts

In contrast to revocable trusts, an irrevocable trust no one can alter it once established. This type of trust is beneficial for asset protection and estate tax reduction. By transferring assets into an irrevocable trust, you effectively remove them from your estate, potentially lowering your estate tax liability. This trust is ideal if you have significant assets and want to protect them from creditors or reduce your taxable estate.

Special needs trusts

If you have a family member with special needs, a special needs trust is an essential tool. It allows you to provide financial support to the beneficiary without affecting their eligibility for government benefits like Medicaid or Supplemental Security Income.

Trusts for Minors

Whenever you have beneficiaries that are under age (or they are not quite responsible enough), it is important that your estate planning documents set up testamentary trusts to hold assets for such beneficiaries until they reach an appropriate age.

When creating your estate plan in Virginia, consider including trusts that align with your specific needs and objectives. Each trust serves a unique purpose, helping you achieve a comprehensive and effective estate plan.

FindLaw Network
Photo of Deborah N Arthur and Rebecca L. Evans