What is the difference between an asset protection trust and an irrevocable trust?
Asset protection trusts and irrevocable trusts are used to protect assets from creditors and other liabilities. However, an asset protection trust is specifically designed to shield assets from creditors, while an irrevocable trust may have other purposes. An asset protection trust is different from an irrevocable trust in that it’s designed to protect assets for the benefit of the person creating the trust, rather than helping another person or organization. An asset protection trust is created with the intent to protect assets of the person creating the trust from potential creditors. An irrevocable trust, on the other hand, may have other purposes. It is typically used to manage assets and pass them on to another person or organization, such as a charity or business. An irrevocable trust can also protect assets from being seized by creditors, but this is not its primary purpose. A key difference between an asset protection trust and an irrevocable trust is that an asset protection trust is more limited in its abilities. This means that the person creating the trust cannot revoke or modify it. On the other hand, an irrevocable trust can be modified in certain situations. In New York, asset protection trusts and irrevocable trusts can both be used to protect assets and provide benefits to the person creating the trust. Before deciding which type to choose, it is important to consider the goals and objectives of the trust and consult with a qualified attorney.
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