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Creating an Irrevocable TrustIdentify the beneficiaries of the Trust. Explain when the assets should be transferred to beneficiaries. Appoint a trustee who will distribute assets from the Trust according to the directions you set forth in the Trust document. Create the Trust in accordance with all applicable laws.
The cost of creating a living trust in Massachusetts can vary wildly depending on the process you use. If you go the online, DIY route, you might wind up paying less than $100. However, some web resources can charge up to $400.
Under an irrevocable trust, legal ownership of the trust is held by a trustee. At the same time, the grantor gives up certain rights to the trust.
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.
Irrevocable trusts often cost more to put together because they're customized to your specific tax-planning needs and the kind of property you own, Parrish says. The cost to set one up typically ranges from $3,000 to $6,000, and an especially complex irrevocable trust can be even more expensive.
The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.
Putting your house in an irrevocable trust removes it from your estate, reveals NOLO. Unlike placing assets in an revocable trust, your house is safe from creditors and from estate tax. If you use an irrevocable bypass trust, it does the same for your spouse.
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.
In Massachusetts, there are filing fees that will depend on the exact type of petition you wish to make. In order to create a general petition for the creation of a trust, the filing fee is $375 with a surcharge of $15.
With an Irrevocable Trust, once you have transferred the ownership of the house to the trust, it's irrevocable, meaning you are never supposed to be able to take it back. The trust will own that house for the rest of your life.