Find a Private Trust Attorney Who Fits Your Needs

The most widely used trust in America. Created during your lifetime, holds your assets, and avoids the delay and expense of probate court. You remain trustee and beneficiary while alive. At death, assets pass directly to heirs per your instructions — no court required.

Once signed, it cannot be altered or revoked without court approval or beneficiary consent. You permanently give up control of assets. In exchange, those assets are removed from your taxable estate and shielded from your personal creditors.

Created within a will and only comes into existence upon your death. Must go through probate to be established — no probate avoidance benefit. However, once funded, it provides powerful control over how heirs receive assets, especially for minor children. Staggered distributions are fully customizable.

For individuals with disabilities who receive government benefits like SSI or Medicaid. Assets held in a properly drafted SNT do not count toward eligibility limits — allowing supplemental support without losing critical benefits.

Protects beneficiaries from themselves and their creditors. The trustee controls all distributions — beneficiaries cannot access principal directly, assign their interest, or pledge it as collateral. Creditors of the beneficiary cannot seize trust assets. Ideal for heirs who may struggle with finances, addiction, or poor judgment.

Engineered to shield assets from future creditors, lawsuits, and judgments. Domestic APTs are strongest in Nevada, South Dakota, and Delaware. Offshore APTs (Cook Islands, Nevis, Cayman Islands) offer even stronger protections with greater compliance complexity.

Transfers assets out of your estate to qualify for Medicaid long-term care benefits — potentially saving hundreds of thousands in nursing home costs. Assets must be placed in the trust at least 5 years before applying for Medicaid. The grantor can retain the right to income but not principal.

Transfers wealth across multiple generations — potentially 100+ years — while minimizing estate, gift, and generation-skipping transfer (GST) taxes at each transfer. Available in states that abolished the Rule Against Perpetuities (Nevada, South Dakota, Delaware).

Pays income to you or named beneficiaries for a set period or lifetime, then remaining assets go to charity. You receive an immediate partial income tax deduction and avoid capital gains tax on appreciated assets transferred into the trust.

The reverse of a CRT. The charity receives income payments first (the "lead" interest) for a set period, then remaining assets pass to heirs at reduced or zero estate/gift tax. The charitable payments reduce the taxable value of what ultimately passes to your family.

Transfer appreciating assets to heirs with minimal or zero gift tax. You receive fixed annuity payments back for a set term. Any growth above the IRS hurdle rate (Section 7520 rate) passes to heirs gift-tax-free. Widely used by founders before IPOs or liquidity events.

One spouse creates an irrevocable trust for the other, removing assets from the grantor's taxable estate while allowing the beneficiary spouse indirect access. Uses the lifetime gift tax exemption. Assets transferred now are locked in at today's higher exemption even if the 2026 sunset reduces it.

Owns one or more life insurance policies. Because the trust owns the policy — not you — the death benefit is excluded from your taxable estate entirely. At death, trust receives proceeds and distributes them tax-free. Often used to fund estate tax obligations or equalize inheritances.

Transfers your home to heirs at a fraction of its full value for gift tax purposes. You retain the right to live there for a set term (e.g., 10 years). At term end, ownership passes to heirs — but the taxable gift was calculated on the discounted present value, not the future fair market value.

Passes assets to a surviving spouse with the marital deduction (no estate tax on first death), while guaranteeing the remaining assets eventually pass to children from a prior marriage. Surviving spouse receives all income during their lifetime but cannot alter who receives the principal. Standard tool in blended families.

Holds title to real property with the grantor's identity kept confidential in public records. The trustee holds legal title; the beneficiary retains all rights to use and manage the property. Public records show only the trust name. Widely used by real estate investors and high-profile individuals to prevent targeted litigation.

A trust formed to conduct business operations, originally developed in Massachusetts to avoid corporate regulations. Beneficiaries hold transferable certificates of beneficial interest. The trustee manages the business. Used in REITs and some business structures, though largely replaced by LLCs in modern practice.

Assets are managed by a trustee without disclosing specifics to the beneficiary (often also the grantor). Used by politicians and executives to eliminate conflicts of interest. The beneficiary knows assets exist but has no knowledge of what they are or how they are managed.

A bank account held in trust for a named beneficiary. You control the account completely during your lifetime. At death, the balance passes directly to the beneficiary — bypassing probate entirely. Often set up simply by naming a "payable on death" (POD) beneficiary at your bank.

Provides legally enforceable care instructions and funding for a pet after the owner's death or incapacity. All 50 states recognize pet trusts by statute. Specifies the caretaker, standard of care, veterinary requirements, and what happens to remaining funds when the pet passes.

"Defective" for income tax (grantor pays taxes on trust earnings) but valid for estate tax (assets removed from estate). Paying the trust's income taxes is effectively a tax-free gift to heirs. Commonly used to transfer business interests or real estate portfolios while the grantor absorbs the tax burden, allowing the trust to compound faster.

Directs the trustee to make distributions only for the beneficiary's health, education, maintenance, and support (the HEMS standard). Unlike a fully discretionary trust, the trustee must distribute when these needs arise. Provides accountability while ensuring a beneficiary's essential needs are always met.

Conditions distributions on the beneficiary meeting specific behavioral milestones. Common conditions include graduating college, maintaining employment, staying sober, or matching earned income dollar-for-dollar. Allows grantors to effectively "govern from the grave" and instill values in future generations.

The trustee has full discretion to decide if, when, and how much to distribute. Because no beneficiary has a guaranteed right to receive anything, creditors cannot compel distributions. This provides the strongest creditor protection of any domestic structure for beneficiaries — assets are effectively unreachable as long as the trustee withholds.