Irrevocable Trusts Do’s and Don’ts

  • Do make all transfers to your irrevocable trust, as advised by the elder law firm, in a timely manner.
  • Do take dividends and income on trust assets on at least a quarterly basis (if not, they are considered additions to principal and create a new look-back on the money not taken every year).
  • Do contact the elder law firm when you wish to make a gift from the trust to any of your beneficiaries.
  • Do contact the elder law firm when a Grantor needs Medicaid benefits or dies.
  • Do contact the elder law firm when personal or financial circumstances change significantly.
  • Do contact the elder law firm if you wish to change trustees or undo the trust.
  • Do provide your homeowner’s insurance company with the “letter of instruction”, including a copy of the trust for real property transferred to the trust, to add the trustees as “additional insureds” (supplied by the law firm).
  • Do provide your CPA or tax preparer with the “letter of instruction” regarding the trust tax return (supplied by the law firm).
  • Do choose your trustee carefully to avoid the expense (and unpleasantness) of changing the trustee.
  • Do contact the elder law firm if you want to refinance, take a reverse mortgage or take out a home equity line of credit (“HELOC”) on real property in the trust.
  • Don’t use trust assets to pay telephone or utility bills.
  • Don’t use trust assets to pay personal expenses.
  • Don’t use trust assets to purchase an automobile (since all the assets in the trust will be exposed to liability if there is a car accident).
  • Don’t take principal or capital gains from trust assets.
  • Don’t transfer IRA’s or 401(k)’s to the trust.
  • Don’t allow beneficiaries to return to the trust or the Grantor any gifts made from trust assets.
  • Don’t make additional transfers to the trust in the future without advising the elder law estate planning firm.
  • Don’t use trust assets for repairs and improvements on Grantor’s residence (permitted for rental property).
  • Don’t use trust assets for payment of real estate taxes and homeowner’s insurance on Grantor’s residence (permitted for rental property).
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My parents set up a trust with Ettinger Law Firm twenty years ago. I have been impressed with the help and care that I received when I called with questions. I decided it was time for me to set up my own trust, so I came to Ettinger Law Firm to get it done.

– C.V.L.

This is the best choice for elder care and estate planning! Well established and transparent in services and quality of staff is superb. Does free informational dinner programs in a variety of locations. Has built in updates for consumer, this is a firm that you stay with for life. Highly rated. Go now for your peace of mind.

– K.D.

Thanks! Doing our estate planning with you (Mike Ettinger) was an extremely comforting experience. All our questions were answered clearly and concisely. Our concerns were satisfactorily resolved and we felt better educated about trusts, wills, health proxies, etc. The final product format will make it very easy for our heirs to handle our estate with your assistance.

– J. McD

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At Ettinger Law Firm, our elder law lawyers focus on the needs of older adults in New York when protecting their families, assets and future. We recognize that many of our clients have minimal or no experience working with attorneys — our low-pressure approach enables you to make these crucial life decisions at your own pace. Trust our team to educate you and make the information you need accessible throughout the process. 

Contact us today to learn more or schedule a No-Cost Consultation for elder law estate planning. 

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