Inter Vivos Trust
An Inter Vivos Trust, also known as a living trust, is a legal arrangement created during your lifetime to manage and distribute assets. It allows for seamless wealth transfer, avoids probate, and provides financial control while you are alive and after your passing.
Key Features of an Inter Vivos Trust
- Avoids probate – Ensures a smooth transfer of assets without court intervention.
- Maintains financial privacy – Keeps your estate details out of public records.
- Allows flexible management – Can be revocable or irrevocable depending on your needs.
- Protects assets from legal claims – Shields wealth from creditors and lawsuits when structured properly.
- Ensures incapacity planning – Allows for continued asset management if you become unable to manage finances.
Our Inter Vivos Trust Services
Want to ensure your estate is managed efficiently during and after your lifetime?
- Custom trust drafting – We create trusts that align with your financial and estate planning goals.
- Wealth transfer planning – We help structure trusts to protect assets and avoid probate.
- Trust administration and compliance – Our team ensures proper management and legal adherence.
We specialize in estate planning solutions that provide financial security and control for you and your heirs.
Who Should Consider an Inter Vivos Trust?
An Inter Vivos Trust is ideal for individuals who want to protect assets, maintain control, and ensure a smooth wealth transfer. It is particularly useful for:
- Families looking to avoid probate – Transfers assets directly to beneficiaries without court delays.
- Individuals planning for incapacity – Ensures assets are managed without the need for a guardianship.
- High-net-worth individuals – Provides asset protection and tax planning benefits.
- Business owners – Allows for structured business succession planning.
- Real estate investors – Helps manage multiple properties efficiently and protects them from legal claims.
How to Set Up an Inter Vivos Trust
Setting up an Inter Vivos Trust requires careful legal structuring to align with your estate planning goals. Here is our process:
- Initial consultation – We assess your financial situation and estate planning needs.
- Trust drafting – Our attorneys create a customized trust agreement tailored to your objectives.
- Asset transfer – We guide you in transferring real estate, investments, and other assets into the trust.
- Trustee appointment – We help you select the right trustee to manage the trust.
- Ongoing administration – We assist with trust management, modifications, and legal compliance.
Disadvantages of an Inter Vivos Trust
While an Inter Vivos Trust provides significant benefits, it has some limitations:
- Upfront costs – Setting up a trust involves legal and administrative fees.
- Requires proper funding – Assets must be properly transferred to the trust to be effective.
- Ongoing management – Trusts require administration and possible updates over time.
- Potential creditor risks – Revocable trusts do not provide the same asset protection as irrevocable trusts.
- No automatic tax benefits – While an Inter Vivos Trust can aid estate planning, it does not directly reduce estate taxes.
Inter Vivos Trust FAQ
Yes, both terms refer to a trust created during your lifetime to manage and transfer assets.
Yes, if it is revocable. An irrevocable trust, however, cannot be easily modified.
Not directly, but it can be structured with other estate planning strategies to minimize tax burdens.
Assets in the trust are distributed according to your instructions without probate delays.
Yes, you can manage the trust as the trustee while alive, then designate a successor trustee to take over upon incapacity or death.
A revocable trust does not provide full creditor protection, but an irrevocable version may offer stronger safeguards.
Best Alternatives to an Inter Vivos Trust
If an Inter Vivos Trust is not the right fit, consider these alternatives:
- Testamentary Trust – Created through a will and takes effect after death, but does not avoid probate.
- Irrevocable Trust – Provides stronger asset protection and tax benefits but limits changes.
- Dynasty Trust – Preserves family wealth for multiple generations while minimizing estate taxes.
- Limited Liability Company (LLC) – Offers asset protection and flexible management for business and investment holdings.
- Payable on Death (POD) Accounts – Allows direct beneficiary transfers for financial accounts without probate.
Each option serves different estate planning needs. Our team can help determine the best strategy to secure your assets and legacy.
Protect Your Assets with an Inter Vivos Trust
An Inter Vivos Trust ensures financial control, smooth wealth transfers, and asset protection. At SJF Law Group, we structure trusts that align with your estate planning needs. Contact us today to set up an Inter Vivos Trust that secures your legacy and simplifies your estate.