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Irrevocable trust Most trusts can be irrevocable. An irrevocable trust offers your assets the most protection from creditors and lawsuits. Assets in an irrevocable trust aren't considered personal property. This means they're not included when the IRS values your estate to determine if taxes are owed.

That really depends on which benefits are most important to you. But, generally, the consensus among advisers and estate attorneys is that the trust laws of South Dakota and Nevada offer the best combination of tax benefits, asset protection, trust longevity and flexible decanting provisions. Why Do I Need a Trust?

Alaska, Nevada, and Delaware all provide for self-settled spendthrift trusts. Good spendthrift statutes generally allow the grantor to set up an irrevocable trust, be a discretionary beneficiary and avoid having the assets be subject to creditor claims of either the grantor or another beneficiary.

However, there are big differences in the various state laws. When considering these factors, some of the top states are South Dakota, Ohio, Tennessee, and Alaska. However, most experts consider the best state for asset protection trusts to be Nevada.

Revocable Trusts Commonly referred to as living trusts, revocable trusts offer an effective estate-planning tool to lower the costs and hassles of probate, preserving privacy and preparing your estate for ease of transition in the event of death or incapacity.

A living trust is a fund and legal document that secures your assets for a beneficiary until a certain time, such as when you pass away, when the beneficiary reaches a certain age, or another circumstance specific to your needs.

With that said, revocable trusts, irrevocable trusts, and asset protection trusts are among some of the most common types to consider. Not only that, but these trusts offer long-term benefits that can strengthen your estate plan and successfully protect your assets.

Real property includes your home, your vacation home, rental properties you own, and other real estate. To add real property to a living trust, you must transfer ownership from yourself to the trustee, whom you can designate as yourself in your documents.

For a revocable living trust to take effect, it should be funded by transferring certain assets into the trust. Often people fund a living trust with real estate, financial accounts, life insurance, annuity certificates, personal property, business interests and other assets.

Some assets are more appropriate for funding into a trust than others.Cash Accounts. Rafe Swan / Getty Images.Non-Retirement Investment and Brokerage Accounts.Non-qualified Annuities.Stocks and Bonds Held in Certificate Form.Tangible Personal Property.Business Interests.Life Insurance.Monies Owed to You.More items...