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Chicago, IL estate planning & probate attorney John N. Bielski II discusses the types of trusts commonly used in estate planning. He points out that the most commonly used trust is a revocable trust. These trusts are established by the individual and can be amended at any time. Their primary purpose is to hold assets to avoid probate, achieve certain tax advantages, and ensure that assets are distributed to beneficiaries, such as children, at a designated age. A revocable trust becomes irrevocable upon the individual’s death or if they become legally incapacitated. While alive, the individual retains full control, allowing them to buy, sell, and transfer assets freely without affecting daily life.
Other types of trusts, including irrevocable life insurance trusts and Grantor Retained Annuity Trusts (GRATs), can be more complex and tailored to specific needs. Special Needs Trusts are designed for beneficiaries who rely on government assistance programs like Medicaid or Social Security, allowing them to receive inheritances without jeopardizing eligibility for benefits. While numerous trust structures exist, it is important to select the type that aligns with the individual’s circumstances, avoiding unnecessary complexity.
