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Disadvantages of Irrevocable Trusts Fairly Rigid terms: They are not very flexible. Once the terms are established, they can be difficult to change. The Three-Year Rule: If you include life insurance in an irrevocable trust and pass away within three years, the proceeds return to your estate and become taxable.
Irrevocable trusts are generally set up to minimize estate taxes, access government benefits, and protect assets. This is in contrast to a revocable trust, which allows the grantor to modify the trust, but loses certain benefits such as creditor protection.
A revocable trust can be changed at any time by the grantor during their lifetime, as long as they are competent. An irrevocable trust usually can't be changed without a court order or the approval of all the trust's beneficiaries.
One isn't necessarily better than the other, as they both have their advantages and disadvantages. While the revocable trust offers more flexibility, the irrevocable trust offers certain advantages such as creditor protection.
The main benefit of a spendthrift trust is that it can protect your assets from a potentially unreliable beneficiary. It safeguards your estate without taking the beneficiary's inheritance from them. In addition to asset protection, spendthrift trusts can help protect your beneficiaries from creditors.