Frequently Asked Questions

What are the different types of trusts?

Short answer

There are many types of trusts. Some are used to help with everyday estate planning. Others are used for taxes, asset protection, special needs, charities, businesses, or long-term family planning. The right trust depends on what the person is trying to do.

In this answer

A trust is a legal plan for managing property, but not all trusts are the same.

Different trusts are used for different goals. Some trusts are simple and common. Others are more advanced and are used for specific family, tax, business, or asset protection reasons.

Living Trusts

A living trust is created during a person’s lifetime.

It is often used in estate planning to explain who should manage property during life, what should happen if the person becomes unable to act, and who should receive property after death.

A revocable living trust can usually be changed while the person who created it is alive and able to make decisions.

Irrevocable Trusts

An irrevocable trust is usually harder to change after it is created.

People may use irrevocable trusts for more advanced planning goals. These may include tax planning, asset protection, long-term family planning, or planning for specific property.

Because these trusts can limit control, they need careful planning.

Special Purpose Trusts

Some trusts are created for a specific purpose.

A special needs trust may help support a person with a disability without disrupting certain benefits. A charitable trust may be used to support a charity. A dynasty trust may be used to help preserve family wealth for future generations.

Other trusts may be used for business planning, real estate, life insurance, or tax planning.

Choosing the Right Type of Trust

The right trust depends on the person’s goals.

A person may need a simple living trust, a more advanced trust, or more than one type of trust. The best choice depends on the person’s property, family situation, business interests, tax concerns, and long-term planning goals.

Related questions

What is a trust?

A trust is a legal arrangement for holding and managing property for someone’s benefit. The person who creates it, called the settlor, sets the instructions. A trustee follows those instructions for the beneficiaries. The trust document matters, but the plan also depends on which assets are actually placed in the trust or otherwise coordinated with it.

Learn more: What is a trust?

What is a living trust?

A living trust is a trust created during your lifetime. It gives a trustee instructions for managing trust property and identifies who benefits from it. People often use “living trust” to mean a revocable trust, but a living trust can also be irrevocable. Its terms and funding determine how it works during your life and after your death.

Learn more: What is a living trust?

What is a revocable trust?

A revocable trust is a trust the settlor can change or cancel during their lifetime, subject to its terms and applicable law. The settlor can generally direct how its assets are used and can take them back from the trustee. It can help provide for management during incapacity and a private transition after death when the assets and other parts of the estate plan are properly coordinated.

Learn more: What is a revocable trust?

What does it mean to fund a trust?

Funding a trust means transferring assets into it so the trustee can manage them under the trust’s instructions. The steps depend on the asset: a home may require a recorded deed, while a bank account or business interest requires a different form of transfer. Beneficiary designations also need review, but naming a beneficiary is not the same as transferring an asset into the trust.

Learn more: What does it mean to fund a trust?

What does a trustee do?

A trustee is the person or group in charge of a trust. The trustee follows the trust instructions, takes care of the trust property, keeps records, pays bills when needed, and helps the people the trust is meant to support.

Learn more: What does a trustee do?

Continue exploring

Foundational Estate Planning

Foundational estate planning helps organize revocable trusts, wills, powers of attorney, probate avoidance, and incapacity planning into a clear legal framework your family can understand and rely on.

Have questions about your own planning? Talk with Cardon Law.

Browse All FAQs