Accredited Wealth Management Advisor Practice Exam

Which type of trust best protects its assets from the grantor's creditors?

1. An irrevocable living trust that pays income to the grantor

2. A revocable living trust

3. An irrevocable living trust without any beneficial interest for the grantor

4. An irrevocable testamentary trust for the family

The correct answer is: An irrevocable living trust without any beneficial interest for the grantor

The answer highlights that an irrevocable living trust without any beneficial interest for the grantor offers the best protection for its assets from the grantor's creditors. This protection is primarily due to the nature of how irrevocable trusts operate. When a grantor establishes an irrevocable trust, they effectively relinquish control and ownership of the assets placed within the trust. As a result, these assets are no longer considered part of the grantor's estate and, consequently, are not subject to claims by creditors. By not retaining any beneficial interest, the grantor has no legal rights to the assets, which further enhances the trust's protective barriers against creditor claims. In contrast, a revocable living trust allows the grantor to maintain control over the assets, meaning that they are still viewed as part of the grantor's estate and can be targeted by creditors. Similarly, while an irrevocable living trust that pays income to the grantor also provides some level of protection, the grantor’s ability to receive benefits from the trust can invite scrutiny from creditors. Lastly, an irrevocable testamentary trust for the family usually takes effect upon the grantor's death and is also designed more for estate planning purposes than for creditor protection during the grantor's lifetime,