Irrevocable Trust Attorney — Asset Protection, Medicaid Trusts and Special Needs Trusts

A revocable trust avoids probate. However, it does not protect your assets. For protection from long-term care costs, creditors or estate tax, you may need an irrevocable trust attorney.

An irrevocable trust is different because you give up control. In exchange, the assets are generally no longer treated as yours. Consequently, they can be protected in ways a revocable trust cannot. Nevertheless, giving up control is a major decision.

This guide explains the main types of irrevocable trusts, what they protect, and the rules that decide whether they work.

Revocable vs. irrevocable trusts

With a revocable trust, you keep full control. Therefore, the law treats the assets as yours for creditors, taxes and Medicaid. With an irrevocable trust, you transfer assets permanently and usually cannot take them back.

That loss of control is the source of the protection. For example, assets in a properly designed irrevocable trust may not count toward Medicaid eligibility after the look-back period. Similarly, they may be outside your taxable estate.

Not a one-size tool

There are many types of irrevocable trusts. Each serves a different purpose. As a result, choosing the wrong type can fail to achieve your goal. A trust review or estate planning consultation helps you choose.

Medicaid asset protection trusts

Long-term care can cost a great deal each year. Medicaid can cover it, but only after assets fall below strict limits. A Medicaid asset protection trust aims to preserve assets for your family while preparing for future eligibility.

The key rule is the five-year look-back. Medicaid generally reviews transfers made in the 60 months before applying. Transfers in that period can trigger a penalty period. Therefore, these trusts work best when created well in advance.

Typically, the trust can pay income to you but not principal. Moreover, the house can sometimes be placed in the trust while you keep the right to live there. A Medicaid planning consultation explains your state's rules. For more, read our guide to elder law and Medicaid planning.

Special needs trusts

A special needs trust provides for a person with a disability without disqualifying them from means-tested benefits, such as SSI and Medicaid. Consequently, it is essential when a beneficiary relies on those programs.

There are two main types. A third-party special needs trust is funded with someone else's money, such as a parent's. It usually has no payback requirement. By contrast, a first-party trust holds the beneficiary's own assets and generally must repay Medicaid at death.

A special needs planning consultation designs the right trust. In addition, it coordinates with ABLE accounts and guardianship planning.

Estate tax and wealth planning trusts

Federal estate tax affects only large estates. Under 2025 federal tax legislation, the basic exemption is $15 million per person starting in 2026, adjusted for inflation. However, some states impose their own estate or inheritance taxes at much lower thresholds.

For larger estates, irrevocable trusts can remove growth from the taxable estate. Common examples include irrevocable life insurance trusts and gifting trusts. Furthermore, these trusts can protect inheritances for children from their own divorces or creditors.

Beneficiary protection

Even without tax concerns, many families use trusts to protect heirs. For instance, a spendthrift clause limits creditors' access to a beneficiary's share. A beneficiary planning consultation explains these options.

Domestic asset protection trusts

Some states allow self-settled asset protection trusts. In these states, you can be a beneficiary of your own irrevocable trust while gaining some creditor protection. Examples include Nevada, Delaware and South Dakota.

However, these trusts have limits. Fraudulent transfer laws can unwind transfers made to avoid existing creditors. In addition, protection may be weaker for residents of states without such laws. Therefore, timing and honesty are critical.

For everyday estate planning, a living trust may be all you need. See our guide to living trusts to compare.

Our Asset Protection Trusts services in the USA

Every service below has a fixed price, is prepared by a qualified attorney and is delivered online — wherever you are in the USA. Additionally, you can upload evidence, message your attorney and track progress from your secure client dashboard.

Asset Protection Trusts services near you — every state we cover

Because everything is handled online, it makes no difference where you live. Nevertheless, the law does change from state to state, so every document is prepared for your local rules. Here are some of the places our clients come from most often.

Asset Protection Trusts help in California

We prepare asset protection trusts documents for California law and local court practice. Clients come to us from Los Angeles (near the Stanley Mosk Courthouse downtown), San Diego (near the Hall of Justice on West Broadway), San Francisco (near the Civic Center courthouse on McAllister Street). For example, see Trust review in Los Angeles, Trust review in San Diego, Trust review in San Francisco. Similarly, see Living trust consultation in California.

Asset Protection Trusts help in Texas

We prepare asset protection trusts documents for Texas law and local court practice. Clients come to us from Houston (near the Harris County Civil Courthouse), Dallas (near the George L. Allen Sr. Courts Building), San Antonio (near the Bexar County Courthouse), Austin (near the Travis County Civil and Family Courts Facility). For example, see Trust review in Houston, Trust review in Dallas, Trust review in San Antonio, Trust review in Austin. Similarly, see Living trust consultation in Texas.

Asset Protection Trusts help in Florida

We prepare asset protection trusts documents for Florida law and local court practice. Clients come to us from Miami (near the Miami-Dade County Courthouse on West Flagler Street), Orlando (near the Orange County Courthouse), Tampa (near the George E. Edgecomb Courthouse). For example, see Trust review in Miami, Trust review in Orlando, Trust review in Tampa. Similarly, see Living trust consultation in Florida.

Asset Protection Trusts help in New York

We prepare asset protection trusts documents for New York law and local court practice. Clients come to us from New York City (near the New York County Courthouse at 60 Centre Street and the immigration court at 26 Federal Plaza), Brooklyn (near the Kings County Supreme Court on Adams Street). For example, see Trust review in New York City, Trust review in Brooklyn. Similarly, see Living trust consultation in New York.

Asset Protection Trusts help in Illinois

We prepare asset protection trusts documents for Illinois law and local court practice. Clients come to us from Chicago (near the Richard J. Daley Center). For example, see Trust review in Chicago. Similarly, see Living trust consultation in Illinois.

Asset Protection Trusts help in Georgia

We prepare asset protection trusts documents for Georgia law and local court practice. Clients come to us from Atlanta (near the Fulton County Courthouse). For example, see Trust review in Atlanta. Similarly, see Living trust consultation in Georgia.

Asset Protection Trusts help in Arizona

We prepare asset protection trusts documents for Arizona law and local court practice. Clients come to us from Phoenix (near the Maricopa County Superior Court). For example, see Trust review in Phoenix. Similarly, see Living trust consultation in Arizona.

Asset Protection Trusts help in Pennsylvania

We prepare asset protection trusts documents for Pennsylvania law and local court practice. Clients come to us from Philadelphia (near City Hall, home of the Court of Common Pleas). For example, see Trust review in Philadelphia. Similarly, see Living trust consultation in Pennsylvania.

Asset Protection Trusts help in Washington

We prepare asset protection trusts documents for Washington law and local court practice. Clients come to us from Seattle (near the King County Courthouse). For example, see Trust review in Seattle. Similarly, see Living trust consultation in Washington.

Asset Protection Trusts help in Colorado

We prepare asset protection trusts documents for Colorado law and local court practice. Clients come to us from Denver (near the Denver City and County Building). For example, see Trust review in Denver. Similarly, see Living trust consultation in Colorado.

Asset Protection Trusts help in Massachusetts

We prepare asset protection trusts documents for Massachusetts law and local court practice. Clients come to us from Boston (near the Edward W. Brooke Courthouse). For example, see Trust review in Boston. Similarly, see Living trust consultation in Massachusetts.

Asset Protection Trusts help in Nevada

We prepare asset protection trusts documents for Nevada law and local court practice. Clients come to us from Las Vegas (near the Regional Justice Center). For example, see Trust review in Las Vegas. Similarly, see Living trust consultation in Nevada.

Asset Protection Trusts help in New Jersey

We prepare asset protection trusts documents for New Jersey law and local court practice. Clients come to us from Newark (near the Essex County Hall of Records). For example, see Trust review in Newark. Similarly, see Living trust consultation in New Jersey.

Asset Protection Trusts help in North Carolina

We prepare asset protection trusts documents for North Carolina law and local court practice. Clients come to us from Charlotte (near the Mecklenburg County Courthouse). For example, see Trust review in Charlotte. Similarly, see Living trust consultation in North Carolina.

We also help clients in Alabama, Alaska, Arkansas, Connecticut, Delaware, District of Columbia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming. See every location we cover.

Trust review in every state

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This guide is general information, not legal advice for your situation. Every case is different — speak to a qualified attorney before you act.