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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.

Yes, once the trust grantor becomes incapacitated or dies, his revocable trust is now irrevocable, meaning that generally the terms of the trust cannot be changed or revoked going forward. This is also true of trusts established by the grantor with the intention that they be irrevocable from the start.

A living trust, sometimes referred to as a revocable trust or inter vivos trust, is established and takes effect during your lifetime by a written document known as a trust agreement. A will is written during your lifetime, but does not take effect until after your death.

To make a living trust in New Mexico, you: Choose whether to make an individual or shared trust. Decide what property to include in the trust. Choose a successor trustee. Decide who will be the trust's beneficiaries?that is, who will get the trust property. Create the trust document.

A revocable trust can be changed at any time by the grantor during their lifetime, as long as they are competent. An irrevocable trust usually can't be changed without a court order or the approval of all the trust's beneficiaries. This makes an irrevocable trust less flexible.

One isn't necessarily better than the other, as they both have their advantages and disadvantages. While the revocable trust offers more flexibility, the irrevocable trust offers certain advantages such as creditor protection.