How to Make an Irrevocable Trust

An irrevocable trust is an estate-planning tool that allows you to control your assets, provide for your heirs and sidestep some estate and income taxes. Engaging legal counsel to help prepare these documents is recommended, although you may be able to make your own irrevocable trust by following these simple steps.

Difficulty: Moderate

Instructions

Things You'll Need:

• Irrevocable trust forms
• List of assets
• Beneficiaries
• Lawyer
• Notary public

1. Make a list of your assets and the individuals you would like to receive your property upon your death or incapacitation. Keep in mind that once you make an irrevocable trust, it cannot be changed.

2. Obtain the necessary forms to make your irrevocable trust from an attorney, a qualified trust preparer, a paralegal or on the Internet at websites, such as forms.lawguru.com. Seek legal assistance if you need help completing the forms

3. Prepare your irrevocable trust to provide for your minor and adult children, grandchildren and any developmentally handicapped heirs.

4. Take advantage of making an irrevocable trust to exclude unwanted individuals from staking a claim to your estate.

5. Study your local, state and county laws governing trusts. You may have to complete state-specific documents when preparing yours.

6. Abide by Internal Revenue Service code regulations if you are making an irrevocable trust to avoid estate and/or income taxes. When that is the case, you (the individual establishing the trust) can't have any power or control—direct or indirect—over the property or income of the trust. Obtain a tax exemption form from the county assessor's office in the county where the property is located.

7. Verify what must be done to "fund" your trust, including transferring property ownership, deeds and financial accounts.

8. Have your documents notarized and/or witnessed and, if necessary, recorded with your local county recorder's office to make them official.

Tips & Warnings

• An irrevocable trust cannot be amended.
• Consult an attorney if you have questions or concerns about making an irrevocable trust.
• A "Medallion Signature Guarantee" might be required when creating your irrevocable trust. Many banks provide a Medallion Signature Guarantee at no charge for their customers. It is different from notarizing a signature, because it guarantees that it is your signature.

Resources

• Get forms online.

Who Can Help Sponsored

• Protect Yourself with a Trust - LegalZoom

[joy1975]

on 6/27/2009 Each state has their own laws and rules when it comes to certain things. You can easily obtain these specific forms at your county courthouse but filling them out can be difficult if you're not used to legal jargon. I chose http://www.pro-se-clinic.com/services whenever I have legal forms to file.

[baron809]

on 4/10/2008 If any of the property is in California, it is still subject to taxes under Proposition 13 do not let anyone tell you otherwise.

Some states like California penalize you for early payment on inheritance tax. Our attorney did not know this and we received a huge bill from the IRS and State two years after my mom had passed away.