What Are the Different Types of Trusts in Kansas?

March 18, 2024

Estate planning is essential to securing your financial future and ensuring your wishes are honored. At the Law Office of Andrew Rowe, P.A., we recognize the complexities and nuances that come with setting up trusts. It’s a subject that often feels overwhelming due to its intricacies and the variety of options available. Our mission is to demystify this process, providing you with a clear, accessible pathway to understanding and selecting the right type of trust for your needs. Let’s go through the different types of trusts together, ensuring that your estate planning in Kansas is handled with care and precision.

Revocable vs. Irrevocable Trusts in Kansas

Trusts are broadly categorized into two main types: revocable and irrevocable. Understanding the distinction between these two can significantly impact your estate planning strategy.

  • Revocable Trusts: Often referred to as a living trust, a revocable trust offers flexibility and control. As the grantor, you can alter or dissolve the trust during your lifetime. It’s an effective tool for avoiding probate, ensuring privacy, and managing your assets should you become incapacitated.
  • Irrevocable Trusts: Once established, an irrevocable trust cannot be easily changed or revoked. This might seem restrictive, but it offers substantial benefits, including asset protection from creditors and potential tax advantages. Choosing between a revocable or irrevocable trust depends on your specific needs, including your desire for flexibility versus the need for asset protection or tax planning.

Special Needs Trusts 

For families with a disabled relative, a special needs trust is a critical tool. It allows you to provide for their care and expenses without jeopardizing their eligibility for government benefits like Medicaid or Supplemental Security Income (SSI). This type of trust must be carefully structured to ensure it meets federal and state guidelines. It can cover expenses that enhance the beneficiary’s quality of life, such as personal care attendants, out-of-pocket medical expenses, and recreational activities, without supplanting government assistance.

Testamentary Trusts: Ensuring Your Wishes Are Honored

A testamentary trust is created as part of your will and becomes effective upon your death. It’s a valuable tool for managing assets left to minors or individuals who may not be ready or able to handle a direct inheritance. In Kansas, this type of trust allows you to specify conditions or milestones that beneficiaries must meet before gaining access to the assets, such as reaching a certain age or completing education. Testamentary trusts require careful drafting to ensure they align with your wishes and the needs of your beneficiaries.

Charitable Trusts

For those passionate about philanthropy, charitable trusts offer a way to support your favorite causes while providing tax benefits. There are two main types: charitable lead trusts and charitable remainder trusts.

  • Charitable Lead Trusts allow you to provide a stream of income to a charity for a set term, with the remainder going to your beneficiaries.
  • Charitable Remainder Trusts work in reverse, with beneficiaries receiving income for a specified term and the remainder going to charity. Both options require thoughtful planning to balance charitable intentions with family needs.

Considering a Trust? Contact the Experienced Lawyers in Kansas

Deciding on the right trust involves weighing various factors, including your goals, the needs of your beneficiaries, and the complexities of tax laws and regulations. At the Law Office of Andrew Rowe, P.A., we’re committed to guiding you through this process with clarity and dedication. While we’re always on hand for urgent situations, such as last-minute decisions in critical moments, please be aware that the typical process from consultation to finalizing the paperwork usually spans a month. Call us at The Law office of Andrew Rowe, P.A., today at 316-202-0131 or contact us online to schedule a consultation with a dedicated Estate Planning Lawyer serving clients in Kansas. Our experience and personalized approach ensure that your estate planning meets legal requirements and reflects your values and wishes, securing a lasting legacy for you and your loved ones.