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Irrevocable trusts The assets move out of your estate, and the trust pays its own income tax and files a separate return. This can give you greater protection from creditors and estate taxes.
The only three times you might want to consider creating an irrevocable trust is when you want to (1) minimize estate taxes, (2) become eligible for government programs, or (3) protect your assets from your creditors. If none of these situations applies, you should not have an irrevocable trust.
Once you move your asset into an irrevocable trust, it's protected from creditors and court judgments.
The most popular type of trust for asset protection is a self-settled spendthrift trust. This type of trust allows settlors to protect his or her own assets. They may also protect assets which someone will gift to beneficiaries.
How to set up an asset protection trust Choose a trustee and name the trust beneficiaries. Decide how you want the trustee to manage the assets. Transfer assets into the trust (note that you may need to establish a limited liability company (LLC) before moving over any assets)