A Guide to the Different Types of Trusts

Having an estate plan in place can offer reassurance that your assets will be managed according to your wishes, both during your lifetime and after you pass away. Wills are the centerpiece of many estate plans, but they can be contested and may go through a lengthy probate process. Instead, many people will use a trust to transfer assets to their loved ones. However, there are many types of trusts, each corresponding to a different goal or financial situation.

If you need help arranging your estate, managing your accounts and planning ahead for taxes, a financial advisor can help.

What Is a Trust?

A trust is a legal arrangement between two parties: the trustee and the trustor. Trustors are also known as settlors or grantors. The trustor is the person who establishes the trust and transfers assets into it. The trustee is the person or entity responsible for managing those assets according to the wishes of the trustor. Often the trustor will also be the trustee, or one of several trustees — until their death, of course.

Similarly to a will, a trust can have beneficiaries. Those beneficiaries could be your spouse, children, other family members or even close friends. You can also name a charitable organization as a trust beneficiary. Trust beneficiaries receive assets based on the trustee’s instructions. These instructions are set by you, the trust’s settlor.

The types of assets you may transfer to a trust include:

Real property, including homes, land or investment real estate
Deposit accounts held at banks and credit unions
Investments, including stocks, bonds and money market accounts
Life insurance policies
Business interests and assets
Collectibles and antiques

Funding a trust occurs when you transfer assets into the trust and under the control of the trustee.

Advantages of Trusts for Estate Planning

A trust has benefits for creators and beneficiaries alike. You may consider a trust if you want to:

Pass on assets without going through probate (which is necessary for wills)
Create a plan for managing personal or business assets if you become incapacitated
Set aside assets to care for a dependent with a disability
Establish rules or requirements that beneficiaries must meet to receive their inheritance
Preserve assets for the care of minor children if you pass away
Potentially reduce estate and gift taxes

Trusts let you control how and when your assets are passed on. “A trust can be a critical part of any estate plan, especially if you have small children,” says Paul T. Joseph, attorney, certified public accountant (CPA) and founder of Joseph & Joseph Tax & Payroll in Williamston, Michigan. He adds that they’re also helpful if you have older children who are “not capable of handling and managing the assets contained in the trust.” The stipulations you outline in the trust can help your beneficiaries use it wisely.

Revocable vs. Irrevocable Trusts

Before diving into specific types of trusts, it helps to understand the two broad categories of trusts. These are revocable and irrevocable trusts. One can be modified after it’s established, while the other cannot. Here’s how each works.

Revocable Trusts

Revocable trusts, also referred to as revocable living trusts, allow you to maintain control of your assets during your lifetime. You can change or dissolve a revocable trust if necessary. This is why they are called “revocable” trusts — you can “revoke” them. For example, if you go through a divorce or acquire new assets, you may need to update the terms of the trust to reflect the consequences of those events.

A revocable trust offers flexibility; the transfer of assets and the guidelines you’ve specified for the handling of those assets don’t become permanent until you pass away. With a revocable trust, you have the option to name yourself the trustee or co-trustee and choose someone to act as a successor trustee when you die or if you’re otherwise unable to manage the trust.

Revocable trusts aren’t subject to probate. That means the assets in the trust go to beneficiaries without having to pass through the probate court. This allows for greater privacy than a will.

Irrevocable Trusts

Once you establish an irrevocable trust, you cannot change or modify it. If you transfer real estate or other assets you own to the trust, you can’t undo that action. Given that this means less flexibility, why establish one in the first place?

One main benefit is that it can work as a safeguard. “An irrevocable trust would typically be used to create a safe haven for the placement of assets,” Joseph says. “These trusts may protect assets from claims of creditors, beneficiaries or even Medicaid.”

Additionally, an irrevocable trust can also remove certain assets from your estate, sheltering them from estate and gift tax. That may be appealing if you have a large estate and need a way to minimize tax liability on those assets.

10 Special Types of Trusts

Beyond those two broad categories, there are a number of different specialty trusts you can incorporate into your estate plan. The type of trust that’s appropriate depends largely on what you need the trust to do.

1. Marital Trusts (“A” Trust)

A marital trust (or “A” trust) can be established by one spouse for the benefit of the other. When the first spouse passes away, assets in the trust, along with any income the assets generate, pass to the surviving spouse. A marital trust would allow the surviving spouse to avoid paying estate taxes on those assets during their lifetime. The surviving spouse’s heirs, however, would be responsible for paying estate taxes on any remaining trust assets that eventually go to them.

2. Bypass Trusts (“B” or Credit Shelter Trusts)

Married couples may also establish a bypass or credit shelter trust (also known as an “A-B” trust) to reduce the estate tax impact for their heirs. When the first spouse dies, this type of trust splits assets into two separate trusts. One trust receives as many assets as the state or federal estate tax exemption limit will. What’s left over is transferred into a marital trust of the surviving spouse. When the surviving spouse dies, any remaining assets go to their beneficiaries, free of the estate tax.

3. Charitable Trusts

A charitable trust helps you to create a legacy of giving within your estate plan. There are two types of charitable trusts you can establish: a charitable lead trust and a charitable remainder trust.

A charitable lead trust directs some assets to charity. The remaining assets go to your beneficiaries after you pass away. A charitable remainder trust allows you to receive income from your assets for a set period, with any remaining assets or income going to a charity that you designate.

4. Generation-Skipping Trusts

If you’d rather transfer assets to your grandchildren than your children, you can choose a generation-skipping trust. This type of trust lets you pass assets to your grandchildren, allowing your children to avoid paying estate taxes on those assets in the process. At the same time, you still have the option to allow your children access to any income that the assets generate.

5. Grantor Retained Annuity Trust (GRAT)

A GRAT runs for a limited time. It’s often used to reduce taxes on financial gifts to beneficiaries. With this trust, you can contribute the assets that you’re looking to provide as a gift and you will then receive an annuity payment regularly, based on the original value of the assets. When the term ends, the remaining funds will transfer to your beneficiaries without any gift-tax obligation. It can be a good way to receive payments now for income while leaving part of your assets to your loved ones.

6. Life Insurance Trusts

A life insurance trust is an irrevocable trust that you designate specifically to hold life insurance proceeds. You designate the trust as the beneficiary of your life insurance policy; when you die, the policy proceeds go into the trust. The trustee then manages the proceeds on behalf of your beneficiaries. The advantage of an irrevocable life insurance trust is that it allows you to avoid estate taxes on life insurance payouts.

7. Special Needs Trusts

A special needs trust can help provide for a special needs dependent, such as a child, sibling or parent. It does this without compromising their ability to receive government benefits for their disability. The money in the trust allows them to pay for medical care or day-to-day needs while also allowing them to remain eligible for government benefits.

8. Spendthrift Trusts

A spendthrift trust may give you peace of mind if you’re concerned about your heirs frittering away their inheritance. This type of trust allows you to specify when and how principal trust assets can be accessed by the trust beneficiaries. The purpose of this is to prevent misuse. For instance, you may restrict beneficiaries to only benefiting from the income or interest earned by trust assets, but not the principal amount of the assets themselves.

9. Testamentary Trusts

A testamentary trust, or will trust, is established through a last will and testament. Once you pass away, the executor activates the trust, making it irrevocable. The main function of a testamentary trust is to ensure that beneficiaries can only access trust assets at a predetermined time.

People often use testamentary trusts when they want to specify when they leave their assets to their beneficiaries. For example, if you’re a parent, maybe you have assets you don’t want to leave to a child until they turn 18, or until they graduate from college. Once the beneficiary receives the specified assets, the trust terminates.

10. Totten Trusts

A Totten trust, also known as a payable-on-death account, lets you put money into a bank account or other security. When you die, the money that you’ve set aside is passed to the named beneficiary of the account.

Otherwise, a Totten trust functions similarly to a standard bank account. You can deposit and withdraw funds, or even close the account, at any time. You can also name a new beneficiary if you so choose. The key thing to keep in mind with a Totten trust is that you name a beneficiary, and when you die, the beneficiary receives the money in the account.

Bottom Line

A well-crafted estate plan will protect the interests of both you and your beneficiaries. While a will is an essential part of the estate-planning process, a trust can ensure that your assets go to your loved ones without going through probate. However, before creating a trust, consider the different types available. This decision will be vital to how well your estate plan holds up.

Tips for Estate Planning

If you’re unsure whether a trust belongs in your estate plan, you don’t have to go it alone. Most financial advisors have the resources to help you put together an estate plan. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with vetted financial advisors who serve your area, and you can have a free introductory call with your advisor matches to decide which one you feel is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now.
Estate taxes can be hefty, but you can maximize inheritance for your family by gifting portions of your estate in advance to heirs, or even setting up a trust. Some inherited assets can also have tax implications, so read more about inheritance taxes and exemptions now.