Do Trusts Shield Estates From Creditors?

Most trusts used in estate planning are known as “revocable” living trusts.  These are flexible planning tools that have advantages in some situations.  Unlike other states where probate procedures are cumbersome and expensive, though, probate avoidance is usually not a good reason to create a trust in Washington State.  One major advantage of a revocable living trust is that the person(s) creating the trust can remove assets from the trust whenever they like.  Since that is the case, however, creditors can force the creators of the trust to remove assets from the trust to satisfy debts.  This is not the case when the trust is irrevocable.  The problem with that is that when you make a trust irrevocable, you no longer own the assets and cannot remove them from the trust, even though you may be entitled to receive income from the trust as a beneficiary.

While a trust may not be needed to avoid probate in Washington State, there are some situations where a revocable living trust may be a good planning tool. For example, if you own property in more than one state, placing your assets in trust could avoid two probates.  Additionally, if you are approaching the point where you will be needing assistance in managing your assets, a trust would allow you to give directions for how your assets will be managed and define the powers and duties of the trustee.

Whatever your situation may be, it is important to understand your options when creating an estate plan.  Choosing the right estate planning attorney is very important.  For over 35 years that man in the Seattle area is Bellevue, Washington trust and will lawyer Lyle Clark.  Start the New Year right by making sound decisions about your future.  Call attorney Clark today at (425) 452-3092.