Independence, Mentor & Cuyahoga Falls
216-861-0360

  • Home
  • About
    • Your Legal Team
    • A History of Service
    • What We Do
    • Testimonials
  • What We Do
    • Adults With Disabilities
    • Children With Special Needs
    • Elder Law
    • Estate Planning
    • Trust And Estate Administration
  • Resources
    • Adults With Disabilities Resources
    • Children With Special Needs Resources
    • Elders And Their Caregivers Resources
    • Newsletters
    • Speaking Engagements
    • Events
    • Blog
    • Careers
  • Contact
  • Make A Payment
  • Videos

Sheffield Village
440-323-1111

Hickman Lowder Lidrbauch & Welch Co., L.P.A.
  • Home
  • About
    • Your Legal Team
    • A History of Service
    • What We Do
    • Testimonials
  • What We Do
    • Adults With Disabilities
    • Children With Special Needs
    • Elder Law
    • Estate Planning
    • Trust And Estate Administration
  • Resources
    • Adults With Disabilities Resources
    • Children With Special Needs Resources
    • Elders And Their Caregivers Resources
    • Newsletters
    • Speaking Engagements
    • Events
    • Blog
    • Careers
  • Contact
  • Make A Payment
  • Videos

 216-861-0360

Hickman Lowder Lidrbauch & Welch Co., L.P.A.

We meet the lifetime legal needs of children and adults with disabilities, the elderly, and their families.

  1. Home
  2.  → 
  3. Estate Planning
  4.  → 
  5. Revocable Trust or Irrevocable Trust: What is the Best Option for Me?

Revocable Trust or Irrevocable Trust: What is the Best Option for Me?

On Behalf of Hickman Lowder | Oct 20, 2021 | Estate Planning, Trusts

Trusts are great tools for you to pass assets to your heirs, whether that be to children, other family members, or charities. However, not all trusts are created equally. Sometimes, we use revocable trusts for one client, while another client established an irrevocable trust. When does it make sense to use a revocable trust compared to an irrevocable trust?

A revocable trust allows the grantor (you, the person establishing the trust) to revoke (amend or change) the trust, thus having legal access to the assets funding the trust. Most clients use revocable trusts to help avoid probate court. Also, many choose to keep the revocable trust unfunded until their death. On their accounts, they would have the revocable trust as a beneficiary and at death, the account would be transferred to the revocable trust. A revocable trust provides no Medicaid protection as the government “sees through” the trust as if you own the assets yourself.

An irrevocable trust does not allow the settlor (you) to revoke, change, or amend the trust. In my legal practice, I use irrevocable trusts for Medicaid planning. You would transfer real estate or money to an irrevocable trust and then choose a trustee to manage the funds, but you cannot be a beneficiary of the trust. Essentially, you transfer all possession, control, and ownership of your assets to the irrevocable trust. Any asset funding an irrevocable trust is not considered an available resource for Medicaid purposes, so long as the grantor has no right to distribution of income or principal from the trust and the assets were transferred to the trust five years prior to applying for Medicaid. The trust can only benefit named beneficiaries and the trustee of the irrevocable trust must manage the trust in a way that only benefits the beneficiaries, not you the settlor.

Establishing the right trust for you can be tricky and discussing the pros and cons with an experienced elder law attorney will put you at ease, helping you pick which option works best for you and your family.

Recent Posts

  • What families need to know about Ohio STABLE accounts
  • What Is a Special Needs Trust? A Guide to Planning for Individuals with Disabilities
  • What You Must Know About the Medicaid and Medicare 2026 Updates
  • Amanda M. Buzo Appointed to the Lorain County Office on Aging Board of Directors
  • Preventing Elder Social Isolation: Practical Strategies That Make a Difference

Categories

  • Adults With Disabilities
  • Children With Special Needs
  • Elder Law
  • Elders and their Caregivers
  • Estate Administration
  • Estate Planning
  • Firm News
  • Guardianship
  • Medicaid Planning
  • Mental Health
  • Older Adults
  • Special Education
  • Trusts
  • Uncategorized
  • Videos
  • Wills

Archives

RSS Feed

Subscribe To This Blog’s Feed

Helpful Resources

Click on these links for useful information:

Blog

Events

Newsletter

Speakers

Tell Us About Your Situation

Independence Office

6450 Rockside Woods Blvd S
Suite 165
Independence, Ohio 44131

Independence Directions

216-861-0360

216-861-3113

[email protected]

Sheffield Village Office

5062 Waterford Drive
Sheffield Village, OH 44035

Sheffield Directions

440-323-1111

440-323-4284

[email protected]

Mentor Office

7372 Lakeshore Boulevard
Mentor, OH 44060

Mentor Directions

216-861-0360

216-861-3113

[email protected]

Cuyahoga Falls Office

820 Graham Road
Suite B
Cuyahoga Falls, OH 44221

Cuyahoga Falls Directions

216-861-0360

216-861-3113

[email protected]
Review The Firm
  • Follow
  • Follow
  • Follow
  • Follow
  • Follow

© 2026 Hickman Lowder Lidrbauch & Welch Co., L.P.A. • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw