when using revocable trusts government entities will consider that any property held in one still belongs to the trust s creator and therefore may be included in their estate for tax purposes or when qualifying for government benefits 97 once a revocable trust s creator dies the trust becomes irrevocable 5
secure act rulesthe setting every community up for retirement enhancement secure act changes some of the tax saving benefits of see through trusts previously certain non spousal beneficiaries of retirement accounts that had been placed in an irrevocable trust could take their distributions over their life expectancy however under the secure act rules some beneficiaries may find they must take a full distribution by the end of the tenth calendar year following the year of the grantor s death 10again because the tax implications of this can be challenging and can change with the passage of new laws it s important to consult a tax or estate attorney s guidance when using an irrevocable trust 