The "Fortress" Irrevocable Trust Agreement

No. This document is drafted to be self-explanatory. However, because an Irrevocable Trust is permanent, we recommend reviewing your final draft with a tax professional if your estate exceeds the federal estate tax exemption ($15 million base exemption (2026, indexed)).

Yes. Unlike a Will, which must go through a public, expensive, and time-consuming court process, assets held in this Irrevocable Trust pass directly to your beneficiaries without court interference. This saves your family time, legal fees, and keeps your affairs private.

This Trust allows you to utilize the Annual Gift Tax Exclusion (indexed annually for inflation). This allows you to transfer substantial wealth to your beneficiaries every year without using up your lifetime estate tax exemption. (Consult your tax advisor for your specific situation. Not tax advice.)

Under the Grantor Trust option, the Grantor pays the trust's income tax personally, which lets the trust compound undiminished as an extra wealth-transfer benefit, but the income is taxed to the Grantor. Under the Non-Grantor option (the default if no box is checked), the trust is a separate taxpayer, files Form 1041, and faces compressed trust brackets on retained income.

An Employer Identification Number (EIN) is generally needed when the trust is taxed as a Non-Grantor trust. The Trust must first be fully executed (signed and notarized). After signing, you apply for the EIN directly on the IRS website (www.irs.gov).

This is not a state-specific Medicaid Asset Protection Trust. Transfers to an irrevocable trust may create Medicaid transfer penalties and are subject to a 60-month look-back; consult an elder-law attorney before using it for long-term-care planning.

The Trust is an empty legal shell until it is "funded." If left unfunded, the assets will not receive creditor or tax protection and may still go through Probate Court. Your next critical step is to transfer legal title of assets (like real estate, brokerage accounts, etc.) from your name into the name of the Trust. The Complete Bundle includes the Trust Funding Guide and an Assignment of Property Form to walk you through this process correctly.

📋 Read the complete Trust Funding Guide →

While possible, estate planning best practices typically recommend separate trusts for each spouse (e.g., "The John Doe Trust" and "The Jane Doe Trust") for maximum asset protection. This form is designed for a single Grantor, but you can easily use the template twice to create separate trusts for both spouses.

Generally, NO. To ensure the assets are legally removed from your estate for tax and creditor protection purposes, you should not be the Trustee. If you retain the power to control distributions, the IRS may count the trust assets in your taxable estate (IRC § 2036), defeating the purpose of the trust. You must appoint a trusted, independent party.

A beneficiary may serve as Trustee; Section 5(j) automatically restricts self-distributions to the ascertainable HEMS standard and bars distributions that discharge the trustee's own support obligations, and Section 5(i) requires an independent Co-Trustee whenever the sole Trustee would also be the sole Beneficiary. An independent Trustee or Co-Trustee is recommended for larger estates.

You can name it anything you like, but most people use a name that is professional and private.

• Standard Option: "The [Your Last Name] Irrevocable Trust" (e.g., The Smith Irrevocable Trust).
• Privacy Option: To keep your name off public records (like real estate deeds), you can use a generic name like "The Blue Sky Trust" or "The 123 Main Street Trust." This makes it harder for prying eyes to link the assets to you.

No. An Irrevocable Trust is a private contract. You do not file it with the court or county recorder. You only share it with your Trustee and the bank where you open the Trust account, keeping your family's financial affairs completely private.

The Standard Edition includes only the Trust Agreement document. The Bundle adds the Certificate of Trust (required by banks), Crummey Notice Letters (required by IRS), Assignment of Property form, and a complete Trust Funding Guide with instructions. Most users need the Bundle for complete implementation.

An Irrevocable Trust is permanent by design. However, the Fortress Trust includes a powerful "Trust Protector" provision. This provision enables a third-party (like a CPA) to execute administrative or ministerial changes if necessary—providing you with a contractually-defined mechanism for flexibility should tax laws or family needs drastically shift.