An Illinois Living Trust — Irrevocable is a legal instrument commonly used to protect assets, minimize estate taxes, and provide long-term care planning for individuals residing in Illinois. Unlike a revocable living trust, an irrevocable living trust cannot be changed or modified once it is created, except under very limited circumstances. One key aspect of an Illinois Irrevocable Living Trust is that it becomes effective during the granter's (the person who creates the trust) lifetime. This means that assets are transferred into the trust while the granter is still alive, allowing them to maintain control and benefit from those assets until their death. Upon the granter's passing, the trust's terms take over, directing how the trust assets will be distributed to beneficiaries. This helps avoid probate, which can be time-consuming and costly. There are different types of Illinois Irrevocable Living Trusts, each serving specific purposes: 1. Medicaid Asset Protection Trust: This type of trust is designed to protect assets from being counted for Medicaid eligibility purposes. By transferring assets into the trust at least five years before applying for Medicaid, individuals can potentially qualify for long-term care benefits while preserving their wealth for future generations. 2. Irrevocable Life Insurance Trust (IIT): An IIT is created to own life insurance policies and remove them from the insured's estate, reducing estate taxes. The life insurance proceeds are typically used to provide income or liquidity to pay estate taxes and other expenses. 3. Charitable Remainder Trust (CRT): A CRT allows individuals to donate assets to a charitable organization while retaining an income stream for themselves or their beneficiaries for a specified period. Upon termination of the trust, the remaining assets go to the designated charity. 4. Qualified Personnel Residence Trust (PRT): A PRT enables individuals to transfer their primary residence or vacation home to a trust while retaining the right to live in it for a predetermined period. This minimizes estate taxes while allowing continued use of the property during the specified time. 5. Special Needs Trust (SET): An SET is established to provide financial support for individuals with disabilities without affecting their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). When considering an Illinois Living Trust — Irrevocable, it is crucial to consult with an experienced estate planning attorney who can explain the legal requirements, tax implications, and specific terms of each type of trust. Creating an irrevocable living trust requires careful consideration and should be tailored to an individual's unique circumstances and objectives.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.