Trusts

A trust is defined by two fundamental classifications: revocable vs. irrevocable and grantor vs. non-grantor. The revocable/irrevocable distinction determines who retains control and ownership, while the grantor/non-grantor distinction determines who pays the income tax on trust earnings. Every trust relies on the same three core roles: the grantor, who funds the trust and establishes its rules; the trustee, who manages the assets under those rules; and the beneficiaries, who receive the economic benefit.

A revocable trust keeps full authority with the grantor. The grantor can change the trust terms, add or remove assets, change the trustee, or revoke the trust. Because the grantor retains control, the trust is not treated as separate. All income is taxed to the grantor, the assets remain part of the grantor’s estate, and creditors can reach them. The purpose of a revocable trust is administrative convenience: it allows assets to transfer quickly upon death and provides continuity if the grantor becomes incapacitated. In a revocable trust, the grantor may also serve as trustee because no legal or tax separation is needed.

An irrevocable trust requires the grantor to give up ownership and the ability to unilaterally undo the trust. This separation is what moves the trust assets outside the grantor’s estate, provides asset protection, and allows structured long-term management. Because control affects tax and creditor treatment, the trustee is usually someone other than the grantor. The grantor may still retain limited, non-controlling powers—such as replacing the trustee with another independent person—without compromising the trust’s benefits. Once a trust is irrevocable, it is classified for income tax purposes as either a grantor trust or a non-grantor trust. This classification is entirely about who pays the income tax, not who owns the assets. Ownership is already with the trust.

A grantor irrevocable trust keeps the assets and all future growth outside the grantor’s estate, while the grantor continues to pay the income taxes on those assets. This allows the trust to grow without paying its own tax bill, and the grantor’s estate gradually decreases through the tax payments. Because the IRS treats the grantor and the trust as the same taxpayer for income tax purposes, transactions between them—such as loans or swaps—do not produce taxable income or gains. A non-grantor irrevocable trust is taxed as a separate taxpayer. Income that stays in the trust is taxed at trust brackets. Income distributed to beneficiaries is taxed to them instead. This structure allows income shifting to beneficiaries who may be in lower tax brackets, while the trust principal remains outside the grantor’s estate. Non-grantor trusts are also used when strong legal separation is needed, such as for asset protection or divorce planning.

Most modern irrevocable trusts use discretionary distributions, where the trustee decides when and how much to distribute. This limits beneficiary control, supports asset protection, and allows the trustee to direct taxable income to the most efficient recipient. Some trusts use a defined standard—commonly “health, education, maintenance, and support”—while others grant full discretion. Mandatory distributions reduce asset protection and are used only when required by the grantor’s objectives.

Specialized trusts—such as asset-protection trusts, spendthrift trusts, special-needs trusts, life-insurance trusts, charitable trusts, and dynasty trusts—are variations built on the same foundation: whether the trust is revocable or irrevocable, whether it is taxed as grantor or non-grantor, and how responsibilities are divided among the grantor, trustee, and beneficiaries.