A Pennsylvania Living Trust — Irrevocable is a legally binding document created by an individual, known as the granter or settler, to manage and distribute their assets during their lifetime and after their death. This type of trust is irrevocable, meaning that once it is established, it cannot be modified, amended, or revoked without the consent of all named beneficiaries. Key terms: 1. Pennsylvania Living Trust: A trust created under the laws of Pennsylvania that allows individuals to transfer assets and properties to a separate legal entity while retaining control over them during their lifetime. 2. Irrevocable Trust: Unlike a revocable trust, an irrevocable trust cannot be altered or revoked once established without the unanimous consent of the beneficiaries. Once assets are transferred to an irrevocable trust, the granter relinquishes ownership and control over them. 3. Granter/Settler: The person who establishes the trust and transfers their assets into it. The granter determines the terms, beneficiaries, and how the assets are managed and distributed. 4. Assets: Any property, real estate, investments, bank accounts, or other valuables that the granter transfers to the irrevocable trust. Once transferred, these assets are legally owned by the trust and managed by the designated trustee. 5. Beneficiaries: Individuals or organizations named by the granter to receive the benefits or assets from the trust. Beneficiaries can include family members, friends, charities, or even the granter themselves. Types of Pennsylvania Living Trust — Irrevocable: 1. Medicaid Planning Trust: This type of irrevocable trust is specifically designed to protect and preserve assets in the event the granter requires long-term care and needs to qualify for Medicaid benefits. By transferring assets into the trust, the granter can prevent those assets from being counted for Medicaid eligibility purposes. 2. Special Needs Trust: Also known as a supplemental needs trust, this irrevocable trust is created to provide financial support for a disabled or special needs beneficiary without jeopardizing their eligibility for government benefits such as Medicaid or Supplemental Security Income (SSI). 3. Charitable Remainder Trust: This trust allows the granter to donate assets, receive potential tax benefits, and still receive income generated by those assets during their lifetime. After the granter's death, the remaining assets are transferred to a charitable organization. 4. Life Insurance Trust: This type of irrevocable trust holds life insurance policies owned by the trust rather than the granter. It allows the proceeds from the life insurance policies to be excluded from the granter's taxable estate, potentially reducing estate taxes. In conclusion, a Pennsylvania Living Trust — Irrevocable is a powerful estate planning tool that enables individuals to protect their assets, provide for beneficiaries, and potentially reduce estate taxes. With various types of irrevocable trusts available, individuals can tailor their estate plans to meet their unique needs and goals. Consulting with an experienced estate planning attorney is recommended to ensure compliance with Pennsylvania state laws and to draft a trust that reflects the granter's wishes.
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.