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Suppose Charles, a very successful entrepreneur, owns a substantial amount of real and personal property and wants to transfer the property from his individual ownership in order to protect it from any creditors and avoid the need for probate at the time of his death. He has no children but has numerous nieces and nephews.

Charles decides to have an irrevocable trust drafted by an attorney who specializes in trust law. The provisions of the trust provide the following: his eldest nephew, Thomas, is the trustee and the nieces and nephews are to have the power to name one of their group as successor trustee should Thomas die or resign; during his life Charles is to have a generous monthly stipend and the right to the use and possession of his various homes; upon his death, the remaining property in the trust is to be liquidated and divided equally amongst his nieces and nephews. Charles will have no power or control over the trust property.


Now suppose Charles executed deeds for all his real property transferring the title to the trustee of his trust. He also arranged for all his bank and investment accounts to be transferred to the trustee and they are all now in the name of the trustee of the irrevocable trust.


Charles cannot undo those transfers once they have been made. Those transfers are irrevocable. Charles is no longer the owner of his property. He is the beneficiary of his irrevocable trust.

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15y ago

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