As a new parent, estate planning may not be high on your priority list. You may be focused more on other financial concerns, such as mortgage payments, childcare costs and career progression. Irrevocable trusts – legal arrangements where you permanently transfer assets from your ownership into a trust – may not even be on your radar.
You may ask: Isn’t this something you think about when you’re retiring or when your children are older? Not necessarily. It’s a smart move to plan for your irrevocable trust as early as now.
Reasons why you should consider creating an irrevocable trust
Once you place assets in an irrevocable trust, you generally cannot change your mind or take them back without the approval of your beneficiaries or a Delaware court. While this lack of flexibility may not often suit young families, you might still want to consider one if:
- You have a child or loved one with disabilities: You can establish special needs trusts to provide for their future while preserving eligibility for government benefits
- You’re in a high-risk profession or in another litigation-prone field: If you are a doctor or a business owner, you might use Delaware Asset Protection Trusts to shield your family assets from potential future creditors
- You have or expect significant assets: You can use irrevocable trusts for tax planning and wealth preservation across generations
- You own a business: Irrevocable trusts can help you facilitate smooth business transitions while minimizing tax consequences
Take note that if you’re facing one or more of the above situations, creating an irrevocable trust requires in-depth consideration. For example, if you are just starting your business or still building your wealth, not having control over key assets may limit your ability to make critical financial decisions. Ongoing administrative expenses, such as trustee fees and tax preparation costs, might also outweigh the benefits if you don’t have significant wealth to protect.
See if this is the right estate planning tool for you
Irrevocable trusts provide a range of benefits. However, it’s important to assess if this can truly address you and your family’s needs. Consulting with a legal professional experienced in estate planning may give you a better idea of whether an irrevocable trust is the right tool for you.
