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Irrevocable Trusts Practical Counsel. Personal Attention.

Irrevocable Trusts Attorney in Cleveland

Trusts are great estate-planning tools that offer a host of benefits, including asset protection, privacy, ease of distribution, protection from creditors, and tax benefits. Unfortunately, far too many believe trusts are only a tool used by the wealthy. The reality is that trusts can greatly benefit estates of almost any size. Under Ohio law, the most common types are revocable, irrevocable, and special-needs trusts.

  • Revocable Living Trusts: Are established to manage assets that remain under your control during your lifetime. You can also name a successor trustee upon your death or incapacitation. These trusts can continue to manage the assets in accordance with your wishes, or can outline how assets are to be distributed upon your death.
  • Irrevocable Trusts: These trusts are irrevocable, except in accordance with trust documents. While this forfeits control of the assets, it also offers better protection from creditors. They can also offer additional tax benefits and may allow you to continue to benefit from the income of assets during your lifetime.
  • Special-Needs Trusts: These are established to benefit those with special needs by providing income and other benefits that can allow them to continue to receive crucial government benefits.

Establishing and Benefiting From Irrevocable Trusts

In a trust, assets are entrusted to a trustee who holds legal title and manages the assets until they are distributed to the eventual beneficiary. This can be a person, an attorney, or even a corporation, but is most often a trusted individual named by the person establishing the trust. The terms of the trust describe how income from the assets and principal are to be distributed and managed. In establishing an irrevocable trust, the trustee is surrendering the rights to the assets in trust unless he or she is named as trustee. In exchange, the assets will not be subject to estate taxes (unless he or she remains trustee) and will be better protected from creditors. You may also be able to continue to enjoy a trust income during your lifetime. There are a number of complex considerations in determining whether an irrevocable trust is right for you. Consultation with an experienced trust attorney in Cleveland will best help with determining the benefits and consequences. The Law Offices of Daniel McGowan, LLC is a full-service law practice with extensive experience in the areas of litigation and trial practice, elder law, probate law, and trust law.  Daniel McGowan is well known for his experience with the probate process and Florida, Pennsylvania, and Ohio and probate courts.  He has a reputation for being accessible, and with his thoughtful and innovative manner, he solves probate problems and other civil disputes. Daniel McGowan represents clients in probate and estate matters throughout the Cleveland area, including Lakewood, Rocky River, Fairview Park, Shaker Heights, Cleveland Heights, South Euclid, East Cleveland, Linndale, Brooklyn, Parma, and Brook Park. Newburgh Heights, Cuyahoga Heights, Brooklyn Heights, Warrensville Heights, Maple Heights, Garfield Heights, Bratenahl, and Euclid.

Call (216) 616-7592 today for a confidential consultation.

Additional Information in Cleveland, Ohio

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 216-616-7592 today!

  • Why should I hire an irrevocable trust lawyer in Cleveland, Ohio?
    Hiring an irrevocable trust lawyer in Cleveland ensures that your trust is properly drafted, complies with Ohio laws, and meets your estate planning goals. An experienced attorney can help navigate complex legal and tax issues, providing peace of mind that your assets are protected and your wishes are honored. To learn more about how we can assist you, please contact us.
  • What reporting duties does a trustee of an irrevocable trust owe to beneficiaries?
    Trustees must provide beneficiaries with annual accountings showing assets, income, expenses, and distributions. This duty ensures transparency and prevents misuse of trust assets. Failure to report may lead to court intervention or trustee removal. Beneficiaries have the right to demand records if reporting is delayed. Attorneys can help enforce these rights and review accountings for accuracy. Regular reporting fosters trust and minimizes disputes over administration.
  • How are disputes among beneficiaries of an irrevocable trust resolved?
    Beneficiaries may clash over distributions, management, or trustee decisions. Mediation is often encouraged before litigation to preserve relationships and resolve disagreements efficiently. If conflict persists, beneficiaries may petition the court for interpretation or enforcement of trust terms. Courts can also remove or replace trustees if disputes center on mismanagement. Legal representation ensures each beneficiary’s interests are fairly presented. Addressing disputes promptly prevents erosion of trust value.
  • Can beneficiaries request changes to an irrevocable trust if circumstances change?
    Yes—while irrevocable trusts are generally fixed, Ohio law allows modifications in certain cases with court approval or unanimous beneficiary agreement. Changed circumstances like tax law updates, medical needs, or impractical provisions may justify revision. Courts weigh whether changes align with the original intent of the settlor. Attorneys can file petitions to request modifications or decant the trust into a new structure. Flexibility exists to adapt while honoring the settlor’s goals. This balance protects beneficiaries and respects legal boundaries.
  • What are the tax implications of an irrevocable trust in Cleveland, Ohio?
    Irrevocable trusts can offer significant tax benefits, such as reducing estate taxes and potentially lowering income taxes on trust assets. Consulting with an irrevocable trust attorney in Cleveland can help you understand the specific tax advantages and how to structure your trust to optimize these benefits under Ohio law.
  • Can I be the trustee of my irrevocable trust in Ohio?
    In Ohio, you can be the trustee of your irrevocable trust, but this may affect the trust's benefits, such as asset protection and tax advantages. An irrevocable trust lawyer in Cleveland can provide guidance on the best trustee arrangements to maximize the benefits of your trust while complying with state laws.

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