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 (base of $15 million, indexed for inflation).

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.)

It is your choice. This document allows you to choose "Grantor Trust" status. If you select this, you simply report the Trust's income on your personal Form 1040 tax return (using your SSN), just like you do today. No separate trust tax return is required unless you specifically choose the "Non-Grantor" option.

You only need an Employer Identification Number (EIN) if you choose the Non-Grantor tax status. 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).

Generally, Yes. This trust is designed to remove assets from your "countable estate." Provided you fund the trust before the state's "Look-Back Period" (typically 5 years), the assets inside are generally protected from being seized to pay for long-term nursing home care.

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.

YES, with specific limitations. A Beneficiary can serve as a Trustee, provided their power to distribute assets to themselves is strictly limited to their Health, Education, Maintenance, and Support (HEMS). This Trust includes "Savings Clauses" to help prevent tax errors if a beneficiary serves, but appointing an independent Co-Trustee is often safer for maximum asset protection.

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.