Irrevocable trusts

Irrevocable trusts across San Diego County

Irrevocable trusts serve a different purpose than revocable trusts. They are used to remove assets from your taxable estate, protect property from future creditors, qualify for Medi-Cal long-term care benefits, or fund a charitable giving strategy. We match San Diego County residents with vetted, licensed estate-planning attorneys who draft irrevocable trusts appropriate for the specific goal, whether that is asset protection, tax reduction, or Medi-Cal planning.

(858) 925-5546 Request a quote

Estate-planning attorney explaining irrevocable trust options to a San Diego County family at a law office

What's included in this service?

Draft an irrevocable trust tailored to the specific goal: Medi-Cal asset protection, estate tax reduction, charitable giving, or creditor protection
Advise on the Medi-Cal look-back period for transfers into an irrevocable Medi-Cal asset protection trust
Structure the trust so retained interests, trustee powers, and beneficiary rights are appropriate for the planning objective
Coordinate the trust with the broader estate plan, including the revocable trust, will, and beneficiary designations
Prepare a pour-over will or other documents needed to complete the plan
Walk you through the funding process and advise on which assets to transfer into the irrevocable trust and which to keep outside it

When do you need this service?

You are approaching the age at which long-term care costs are a realistic concern and want to protect assets for Medi-Cal eligibility
Your estate may be subject to federal estate tax and you want to reduce the taxable estate through an irrevocable trust structure
You are in a profession with significant liability exposure and want to protect assets from future creditors
You want to make a planned charitable gift through a charitable remainder trust or charitable lead trust
You have a beneficiary with special needs and want to supplement their care without disqualifying them from SSI or Medi-Cal

What do homeowners ask about Irrevocable trusts?

Can I change an irrevocable trust after it is signed?

Generally no, not without court involvement or the consent of all beneficiaries. That is what makes it irrevocable. Some trust designs include limited amendment rights or a trust protector who can modify administrative provisions. The attorney we match you with structures the trust so the right flexibility is built in from the start, within the limits that preserve the planning benefit.

How does an irrevocable trust help with Medi-Cal planning in California?

California Medi-Cal for long-term care has asset limits that determine eligibility. An irrevocable Medi-Cal asset protection trust transfers assets out of your countable estate, but California has a look-back period for certain transfers. Timing matters significantly. The estate-planning attorney we match you with advises on the look-back rules and structures the trust to protect the maximum amount while maintaining eligibility for benefits.

What is the difference between a revocable and irrevocable trust for estate tax?

Assets in a revocable trust are still in your taxable estate because you retain control. Assets properly transferred into an irrevocable trust are generally removed from your taxable estate, which reduces the estate tax exposure for larger estates. Most San Diego residents do not have estates subject to federal estate tax, but for high-net-worth families, an irrevocable trust can be a significant planning tool.

What types of irrevocable trusts do the estate-planning attorneys in your network handle?

The estate-planning attorneys we match handle irrevocable Medi-Cal asset protection trusts, irrevocable life insurance trusts (ILITs), charitable remainder trusts, charitable lead trusts, special needs trusts, and asset protection trusts. The right structure depends on the planning goal. The initial consultation identifies which type fits your situation.

Are the attorneys in your network licensed California attorneys?

The estate-planning attorneys we match are licensed members of the State Bar of California. You can verify any California attorney at calbar.ca.gov before signing a fee agreement. Trust Law SD is a referral service and is not a law firm.