Las Vegas Trust Attorney Who Explains the Options Before You Sign Anything
Not everyone needs a trust. But if you do need one, the type matters — and so does whether it's properly funded. I'm Rebecca Fuller, a trust attorney in Las Vegas, NV with nearly 20 years of estate planning experience. When you work with me, you get a real conversation about your assets, your family, and your goals — not a form letter and a generic document.
The Different Types of Trusts — and What Each One Actually Does
There's no single "right" trust. The right one depends on what you're trying to accomplish — and understanding the options is the first step. Here's how the most common trust types differ:
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Revocable Living Trust
A revocable living trust is the most common estate planning tool for individuals and families in Nevada. You create it during your lifetime, retain full control over the assets inside it, and can change or revoke it at any time. When you pass away, the trust distributes your assets to your named beneficiaries without going through probate — which saves your family time, cost, and court involvement. It also provides a legal structure for managing your assets if you become incapacitated before you die.
Irrevocable Trust
An irrevocable trust is a different tool with a different purpose. Once it's created, you generally cannot modify or revoke it — but in exchange, the assets inside it may be shielded from creditors, lawsuits, or estate taxes depending on how it's structured. Irrevocable trusts are typically used for asset protection, Medicaid planning, or transferring wealth to the next generation in a tax-efficient way. They're not the right fit for everyone, but for the right situation, they're one of the most powerful legal tools available.
Testamentary Trust vs. Living Trust
An irrevocable trust is a different tool with a different purpose. Once it's created, you generally cannot modify or revoke it — but in exchange, the assets inside it may be shielded from creditors, lawsuits, or estate taxes depending on how it's structured. Irrevocable trusts are typically used for asset protection, Medicaid planning, or transferring wealth to the next generation in a tax-efficient way. They're not the right fit for everyone, but for the right situation, they're one of the most powerful legal tools available.
Special Needs Trusts — Protecting a Dependent Without Disqualifying Their Benefits
If you have a child, sibling, or other dependent with a disability, standard estate planning can actually work against them. Leaving assets directly to someone who receives Supplemental Security Income (SSI) or Medicaid can disqualify them from those programs. A special needs trust in Nevada is designed to hold assets for a disabled beneficiary's benefit without counting as a resource that affects their eligibility. It's one of the most important — and most overlooked — trust structures for families in this situation. If this applies to your family, it deserves a dedicated conversation.
The Step Most People Miss — Funding Your Trust
A trust that exists only on paper doesn't protect anything. Once your trust is drafted and signed, it has to be funded — meaning your assets need to be legally transferred into the trust's name. Bank accounts, real estate, investment accounts, and other property don't move automatically just because a trust document exists.
An unfunded trust is one of the most common and costly estate planning mistakes. Your home is still in your name. Your accounts still go through probate. The document you paid for does nothing. I walk every client through the funding process as part of estate planning — not as an afterthought — so the trust you create actually works the way it's supposed to.
Incapacity Planning Belongs in Every Trust Conversation
Most people think of a trust as a death planning tool. It's also an incapacity planning tool. A properly structured revocable living trust gives your named successor trustee the legal authority to manage your assets and financial affairs if you become unable to do so yourself — without court intervention, without a conservatorship proceeding, and without delay.
Paired with a durable power of attorney, a trust creates a complete legal framework for someone you trust to step in when you need it most. The alternative is a court-appointed conservator — a process that is slow, expensive, and public. Estate planning while you're healthy is how you stay in control of what happens when you're not.
Working with a Nevada Trust Lawyer Who Works Directly with You
Do I need a trust if I already have a will?
Not necessarily — but a will alone doesn't avoid probate, and it can't manage your assets during incapacity. Many clients benefit from having both: a living trust to handle the bulk of their estate outside of probate, and a pour-over will to capture anything that wasn't transferred into the trust before death. Whether that combination makes sense for you depends on your asset profile and family situation.Do I need a trust in Nevada, or is a will enough?
It depends on what you own and what you want to avoid. If you have real estate, significant financial accounts, or you want to spare your family from probate court, a revocable living trust is often the better tool. If your estate is modest and your assets pass by beneficiary designation or joint ownership, a will may be sufficient. A consultation helps clarify which approach fits your situation.What is trust administration in Las Vegas, and when does it apply?
Trust administration is the process of managing and distributing a trust's assets after the grantor passes away. The successor trustee is responsible for notifying beneficiaries, settling debts, and transferring assets according to the trust's terms — all without going through probate. It's generally faster and more private than probate, but it still involves legal responsibilities that a trust attorney can help navigate.What makes an irrevocable trust different from a revocable one in Nevada?
The core difference is control. With a revocable trust, you retain ownership and can make changes at any time. With an irrevocable trust, you give up that control — but in exchange, the assets may be protected from creditors or excluded from your taxable estate. Irrevocable trusts are typically used for specific asset protection or tax planning goals, not general estate planning. Most clients start with a revocable living trust.What happens if I create a trust but never fund it?
The trust has no legal effect over assets that aren't transferred into it. Your home, bank accounts, and other property remain in your personal name — which means they still go through probate when you die, and your successor trustee has no authority over them during your lifetime. Funding the trust is not optional; it's what makes the document actually work. I include trust funding guidance in every estate planning engagement so clients don't leave with a document that does nothing.