Legal Question in Wills and Trusts in Virginia
Living Trust Differences
My question is what is the differences between a revokable and irrevokable living trust? I would like to know this to see which one would be best for me. Thank you.
1 Answer from Attorneys
Re: Living Trust Differences
The difference is very, very simple: You can
change a revocable living trust after you create
it, including modifying it or canceling it
completely. Once the creator ("grantor" or
"settlor") dies, it becomes irrevocable.
You cannot change an irrevocable living trust
once it is created.
However, the consequences can be complex. A
revocable living trust may be taxed differently
for estate taxes than an irrevocable living trust. A revocable trust may be counted in your
estate because you can get the money back.
I would advise talking to a tax adviser.
Legally, the main difference is that you might
change your mind.
However, from a tax perspective their can be
many different tax issues.