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Estate · Trust Types

Six Types of Trusts —
Which Job Does Each Do?

"Trust" isn't one thing. There are dozens of variations, but most situations are solved by one of six core trust types. Each does a specific job. Mixing them is common.

60 days

Typical trust settlement time

Compared to 12-18 months for probate. The right trust for your situation skips court entirely and gets assets to your family in weeks instead of years.

Revocable Living Trust

The standard probate-avoidance tool. You keep control while alive.

Key points

You can change or revoke it anytime
Assets bypass probate at death
Doesn't protect from creditors or lawsuits
Most common starting point for families

Best for

Homeowners and middle-class families avoiding probate

Irrevocable Trust

Can't be changed once created — but provides asset protection + tax benefits.

Key points

Once funded, you give up control
Assets protected from lawsuits + creditors
Can remove assets from your taxable estate
Useful for Medicaid planning (5-year lookback applies)

Best for

Asset protection, high-net-worth tax planning, long-term care planning

Special Needs Trust

Provides for a disabled beneficiary without disqualifying them from SSI / Medicaid.

Key points

Beneficiary keeps means-tested benefits
Trustee makes discretionary distributions
Common for parents of disabled children
Two types: first-party (self-funded) and third-party

Best for

Families with a disabled child or relative

Charitable Trust

Lets you give to charity while receiving income or tax benefits during life.

Key points

Two main types: CRT (income to you) and CLT (income to charity)
Significant income + estate tax deductions
Useful for highly-appreciated assets
Requires ongoing administration

Best for

High-net-worth donors wanting tax-efficient charitable giving

Spendthrift Trust

Protects beneficiaries from their own spending — or from creditors.

Key points

Trustee controls distributions
Beneficiary can't access principal directly
Shields assets from beneficiary's creditors
Common for younger or financially-immature heirs

Best for

Heirs with addiction issues, gambling problems, or active lawsuits

Asset Protection Trust

Aggressive irrevocable structure designed to shield assets from creditors.

Key points

Domestic versions (DAPT) in 17+ states
Offshore versions for maximum protection
Requires giving up significant control
Must be set up before creditor problems exist

Best for

Doctors, business owners, and high-liability professionals

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Sources

NAEPC · American Bar Association

Educational content only. Not legal or financial advice. Trust law varies by state. Consult a licensed attorney for your specific situation.

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