Connecticut Irrevocable Trust

Q: What does “Irrevocable” really mean?

It means you can’t make changes to the Trust terms, or “take back” the assets once you’ve gifted them into the Trust. That’s part of what makes the protections possible. If you know who’s important to you and you genuinely trust the person you’ve appointed as Trustee, most families don’t need to be overly concerned about this, but it is a tradeoff, and we’ll talk through it carefully.

Q: Why would anyone give up control of their assets?

Very fair question. You go through your entire life being told that having money and assets, as many as possible, is a good thing. Then when you get into your 70’s and 80’s, you start to hear that owning things is suddenly a bad thing. At a basic level, if something is in your name, it can be counted against you — and it can be taken into account on a Medicaid application. So “giving up control” here usually means strategically moving assets into a structure where they’re no longer considered accessible to you, so they’re better protected if and when expensive care becomes necessary.

Q: Is an Irrevocable Trust always better than a Revocable Living Trust?

Not at all. Sometimes it would be considered an “overkill” to point someone in the direction of an Irrevocable Trust. If a healthy 55-year-old came to me asking about this, I’d likely challenge them to consider a Revocable Living Trust first, with the understanding that we can involve stronger asset protection tools down the road if the need becomes more real. The goal is to use the least invasive option that still achieves the outcome you want.

Q: Can I be the Trustee of my Irrevocable Trust?

In short, no. Neither you nor your spouse should be the Trustee, since that would run the risk of the State deciding that you’ve retained too much control over the assets for Medicaid protections to apply. Instead, we’ll help you prospect for the best person or people for the job. Most commonly a trustworthy, responsible adult child.

Q: Do assets in the Irrevocable Trust go through probate?

No. Since the Trust is the owner, and probate courts only have jurisdiction over assets you owned in your individual name, assets titled to the Irrevocable Trust side-step probate. That means your family can use and manage those assets without probate court involvement, even after you pass away.

Q: What are the tax consequences of an Irrevocable Trust?

Warning—tax talk alert. We generally structure our Irrevocable Trusts so they’re “pass through” entities for income tax purposes while you’re alive. Your Social Security Number is used as the Tax ID Number, which often means no separate income tax returns and no elevated income tax rates on Trust income (if any). You don’t feel a day-to-day tax difference. We also craft our Irrevocable Trusts to provide a combination of estate tax and capital gains tax advantages, but that’s a deeper conversation!

Q: Are there any other advantages to the Irrevocable Trust?

More than you have time to read. Medicaid planning is usually the main focus, but the protections can extend further. Because the Trust owns the assets, they’re not personally owned by you, your spouse, or your children. So if someone in the family faces a divorce, lawsuit, creditor claim, or bankruptcy proceeding, those Trust-owned assets are typically far better positioned than assets held outright in someone’s personal name.

Q: Can I control what happens to the Trust assets, even after I’m gone?

You absolutely can. Like any type of Trust, the distribution terms are fully customizable. For example, we can mandate that your Trustee offers all of your children or grandchildren the opportunity to buy your home from the Trust after you’ve moved out or passed away. Want to make sure they get a 25% “Fair Market Value” discount if they’re interested in purchasing? Great, we can do that, and much, much more.

What is an Irrevocable Trust?

In language we can all understand.

Think of an Irrevocable Trust as a protective bucket. We create the bucket and decide what belongs inside—most commonly your home—to shield those assets from Medicaid and the high costs of long-term care.

Once assets are transferred, you no longer own them in your individual name; the Trust does. This is critical because Medicaid is built around personal ownership. By moving assets into the Trust early, we start the five-year "look-back" clock, putting your inner circle in a much stronger position if long-term care becomes part of the picture.

Manage Health Declines

Protect your assets from the high cost of care associated with a diagnosis like Alzheimer’s or dementia.

Protect Your Inner Circle

Ensure the financial or logistical burden of care doesn't fall on your family.

Medicaid Readiness

Understand that protections apply when you are no longer the Trustee or changing terms.

Trusted Management

Feel comfortable naming a trusted person to manage the Trust assets on your behalf.

Strategic Control

Willingly trade some day-to-day control now for much stronger asset protection later.

Starts protecting assets from Medicaid

If your life's work includes real estate, diverse investments, or business interests, a Trust streamlines everything under one roof. The more you have to protect, the more essential Trust planning becomes.

Lets you choose who’s in charge

You may not manage the Trust assets directly, but you do choose the Trustee. With the right person in place, someone you trust to follow your wishes, you’re not giving things up so much as putting them in capable hands.

Avoids probate altogether

Assets titled to the Trust don’t belong to you personally, which means they fall outside the probate court’s reach. Your family isn’t left waiting, filing paperwork, or asking permission to use what you set aside for them.

Keeps taxes predictable

These Trusts are typically structured as pass-through entities for income tax purposes. No separate tax filings. No surprise tax brackets. No change to how income is reported while you’re alive.

Reduces exposure to estate taxes

Because the Trust, not you, owns the assets, they’re ‌removed from your taxable estate. Depending on the size of your estate and the laws in place at the time, this can translate to meaningful tax savings for your family.

Creates a real barrier against lawsuits, divorces, and creditors

Assets inside an Irrevocable Trust aren’t owned by you, your spouse, or your children. So if anyone in the family runs into legal trouble, those assets aren’t sitting out in the open. The Trust does exactly what it’s designed to do — protect what matters.

The Strategy Session

We’ll discuss your family and goals in plain English. Before you leave, you’ll have a clear recommended path and a transparent, flat-fee quote.

Collaborative Design

Over 2–3 sessions, we build your plan together. We break dense legal documents into digestible pieces, focusing only on the decisions that matter.

Signing & Follow-Through

We sign the documents to make them official, then stay involved to help you properly fund the Trust so your plan works exactly as intended.

I have worked with Bryan Etter for the past four years on probate and estate planning matters, and I highly recommend him. He takes the time to thoroughly explain my options, making sure I feel confident and informed in every decision.

Robert Nichols Estate Planning Client

I have had the pleasure of working with Bryan for the past few months. He very quickly put an Estate Plan in place for my mother when we were in crisis. When she passed, he came to my home immediately, explained what comes next, and put my mind at ease.

Lisa Hammersley Estate Planning Client

Recently, I contacted Bryan Etter to consider a living trust. He was very thorough in explaining options. I felt very comfortable with his presentation. We went on to complete a trust. I'd definitely recommend him for any Estate Planning.

Charles Leigus Estate Planning Client

Inner Circle Legal Planning, PLLC exceeded my expectations in every way. Their professionalism and organization are outstanding. Bryan Etter, in particular, stands out for his knowledge, responsiveness, and genuine kindness.

Deborah Lombardi Estate Planning Client

Estate Planning is never easy, but thankfully, I came across Bryan Etter online in early Fall, who came highly recommended by his many positive reviews. Bryan immediately put my mother and I at ease during our initial consultation.

John Vairo Estate Planning Client

I feel compelled to share the wonderful experience I had working with Bryan Etter in my Estate Planning. I had thought that I only needed a will, but Bryan explained several other aspects of this process, such as needing a Health Care Proxy, etc.

Barbara Coppola Estate Planning Client

I've had the fortunate opportunity to work with Bryan and his team on multiple occasions, and each time has been better than the last. He's extremely patient, detail-oriented and always very responsive, regardless of how simple my questions may be.

Matthew Gunn Estate Planning Client

Working with Bryan was a very good experience for me. I wanted to be sure all of my affairs were in order, to make life easier for my children when the inevitable occurs. Bryan was very professional and clear about every aspect of making a trust.

Virginia Metaxas Estate Planning Client

Just recently my wife and I were looking for a law firm that handles Estate Planning and the process we would need to complete this task. We chose Bryan's team and couldn't be more satisfied with the knowledge and professionalism his team provided.

Bill Valintas Estate Planning Client

Throughout the process, Bryan patiently explained each step to me. He was always professional yet friendly, responsive, and conscientious. I'd highly recommend Bryan to anyone looking for an estate planning attorney.

Marion Coleman Estate Planning Client

A Note from Bryan

There’s a moment I see a lot in this line of work.

I see the shift in someone’s voice the moment long-term care comes up. It’s no longer about 'someday'—it’s about protecting your life’s work from the reality of a diagnosis like Alzheimer’s or dementia.

Irrevocable Trust planning exists for that exact moment.

I take this work personally. I’m not here to rush you into a plan you don’t understand; I’m here to ensure your Inner Circle isn’t left with preventable stress because nobody started the clock early enough. My goal is to make sure your plan actually works when your family needs it most.

- Bryan M. Etter

What does “Irrevocable” really mean?

It means you can’t make changes to the Trust terms, or “take back” the assets once you’ve gifted them into the Trust. That’s part of what makes the protections possible. If you know who’s important to you and you genuinely trust the person you’ve appointed as Trustee, most families don’t need to be overly concerned about this, but it is a tradeoff, and we’ll talk through it carefully.

Why would anyone give up control of their assets?

Very fair question. You go through your entire life being told that having money and assets, as many as possible, is a good thing. Then when you get into your 70’s and 80’s, you start to hear that owning things is suddenly a bad thing.

At a basic level, if something is in your name, it can be counted against you — and it can be taken into account on a Medicaid application. So “giving up control” here usually means strategically moving assets into a structure where they’re no longer considered accessible to you, so they’re better protected if and when expensive care becomes necessary.

Is an Irrevocable Trust always better than a Revocable Living Trust?

Not at all. Sometimes it would be considered an “overkill” to point someone in the direction of an Irrevocable Trust. If a healthy 55-year-old came to me asking about this, I’d likely challenge them to consider a Revocable Living Trust first, with the understanding that we can involve stronger asset protection tools down the road if the need becomes more real. The goal is to use the least invasive option that still achieves the outcome you want.

Can I be the Trustee of my Irrevocable Trust?

In short, no. Neither you nor your spouse should be the Trustee, since that would run the risk of the State deciding that you’ve retained too much control over the assets for Medicaid protections to apply. Instead, we’ll help you prospect for the best person or people for the job. Most commonly a trustworthy, responsible adult child.

Do assets in the Irrevocable Trust go through probate?

No. Since the Trust is the owner, and probate courts only have jurisdiction over assets you owned in your individual name, assets titled to the Irrevocable Trust side-step probate. That means your family can use and manage those assets without probate court involvement, even after you pass away.

What are the tax consequences of an Irrevocable Trust?

Warning—tax talk alert. We generally structure our Irrevocable Trusts so they’re “pass through” entities for income tax purposes while you’re alive. Your Social Security Number is used as the Tax ID Number, which often means no separate income tax returns and no elevated income tax rates on Trust income (if any). You don’t feel a day-to-day tax difference.

We also craft our Irrevocable Trusts to provide a combination of estate tax and capital gains tax advantages, but that’s a deeper conversation!

Are there any other advantages to the Irrevocable Trust?

More than you have time to read. Medicaid planning is usually the main focus, but the protections can extend further. Because the Trust owns the assets, they’re not personally owned by you, your spouse, or your children. So if someone in the family faces a divorce, lawsuit, creditor claim, or bankruptcy proceeding, those Trust-owned assets are typically far better positioned than assets held outright in someone’s personal name.

Can I control what happens to the Trust assets, even after I’m gone?

You absolutely can. Like any type of Trust, the distribution terms are fully customizable. For example, we can mandate that your Trustee offers all of your children or grandchildren the opportunity to buy your home from the Trust after you’ve moved out or passed away. Want to make sure they get a 25% “Fair Market Value” discount if they’re interested in purchasing? Great, we can do that, and much, much more.

What is an Irrevocable Trust?

Let’s protect what you’ve built and keep it in the family – while still giving you access to programs that may cover otherwise very expensive care needs.

Who is this for?