Our Trusts Attorneys Understand Irrevocable And Revocable Options

Last updated on June 1, 2026

Trusts are a complex topic that can understandably seem intimidating. However, for many people, they’re well worth considering. Irrevocable and revocable trusts are powerful tools that offer more flexibility than a will. They can keep your estate out of court, provide significant tax advantages, minimize taxes, prepare for Medi-Cal (Medicaid) eligibility and establish your legacy on your terms.

Our trust lawyers at the Law Offices of Berge & Berge can help you put the right trust into place. Based in San Jose, we focus solely on estate planning and elder law in the South Bay area. Our lead attorney, James Berge, is a board-certified specialist in estate planning, trust and probate law (through the California Board of Legal Specialization) with more than 25 years of experience. You can benefit from our team’s financial and legal insight.

We Commonly Assist:

• Retirees seeking to avoid probate and protect their families
• Married couples planning for incapacity and long-term care
• Families with special-needs beneficiaries
• Business owners and real estate investors
• High-net-worth families concerned about estate taxes
• Seniors seeking Medi-Cal eligibility planning

Trust Structures We Commonly Create For Our Clients

In California, our attorney can help you create structures that can protect your family home, preserve eligibility for Medi-Cal benefits, minimize estate taxes and support loved ones with disabilities.
We can help you combine asset protection and public benefits planning trusts to qualify for government programs.

Trusts for Probate Avoidance and Family Protection

• Revocable Living Trusts
• Survivor’s Trusts
• Separate Share Trusts

Trusts for Medi-Cal and Asset Protection Planning

• Medi-Cal Asset Protection Trusts
• Veterans Asset Protection Trusts
• Irrevocable Asset Protection Trusts

Trusts for Loved Ones with Disabilities

• Third-Party Special Needs Trusts
• First-Party Special Needs Trusts
• Pooled Trusts

Trusts for Estate Tax Reduction

• ILITs
• SLATs
• GRATs
• IDGTs
• Dynasty Trusts

Trusts for Charitable Giving

• CRTs
• CLTs

Specialized or niche trusts can help plan for your pets’ ongoing care after death.

Our attorneys routinely combine multiple planning strategies into a single trust arrangement customized to each client’s goals.

Are They Distinct Trusts? Understanding What These Structures Carry.

Many of these trust structures are not entirely separate types of trusts. Instead, they often represent combinations of:

• Tax classifications, such as grantor versus non-grantor trusts
• Drafting approaches, such as discretionary or support provisions
• Planning objectives, such as asset protection or tax minimization

In highly complex estate plans, we can combine multiple features into one integrated structure. For example, a trust may function as a Spousal Lifetime Access Trust and an Intentionally Defective Grantor Trust with dynasty-style provisions.

Revocable Vs. Irrevocable Trusts: Which Suits You Best?

Revocable and irrevocable trusts are commonly confused terms. Both offer certain advantages during your life and after your death. However, they differ in several important ways:

• A revocable trust, also known as a living trust, can be changed or canceled at any time during your life. You can be both the trustee and beneficiary. This flexibility allows you to adjust your plans as your life circumstances evolve. Revocable trusts are great for maintaining control over your assets while also avoiding probate. However, they are limited in their ability to accomplish tax objectives, Medi-Cal (California Medicaid) planning, asset protection and other goals.
• An irrevocable trust is fixed once it’s set up. You generally can’t make changes, and you lose control of the assets that are granted to the trust. Why choose this option? It offers potential tax benefits and asset protection that a revocable trust does not. Irrevocable trusts can be a smart move if you’re looking to reduce estate taxes or protect your assets from legal judgments.

Our lawyers can help you craft the right trust to align with your goals. We handle a variety of trusts, including charitable trusts and trusts for loved ones with special needs. We can assist with trust formation, amendments to an existing trust and trust administration.

Frequently Asked Questions: Trusts

Planning for the future means understanding the tools that protect your assets and loved ones. Two common tools, trusts and wills, serve different purposes. Let us answer some common questions about trusts and how they function.

What is a trust and how does it differ from a will?

A trust is a legal arrangement where a trustee holds and manages assets on behalf of beneficiaries. Unlike a will, which takes effect only after death, a trust can manage assets during a person’s lifetime and after. Trusts can also avoid probate, while wills must go through the court process.

What steps are involved in setting up a trust?

Setting up a trust involves:

• Choosing the type of trust (revocable or irrevocable)
• Naming a trustee and beneficiaries
• Drafting and signing the trust document
• Funding the trust by transferring assets into it

Each step must be carefully handled, usually with the help of an attorney, to help ensure the trust functions properly.

How can trusts help in avoiding probate?

Assets held in a trust do not pass through probate, the often lengthy and public court process of distributing a deceased person’s assets. Instead, the trustee can distribute property directly to beneficiaries, saving time and keeping matters private.

What tax benefits can trusts provide?

Certain types of trusts, like irrevocable trusts, can remove assets from the grantor’s estate, potentially reducing estate taxes. Some trusts can also help manage capital gains or provide income tax benefits, depending on how they are structured.

What are the limitations of revocable trusts in tax planning?

Revocable trusts offer flexibility, but they do not provide significant tax advantages because the assets remain part of the grantor’s taxable estate. Additionally, they do not shield income from taxes or reduce estate taxes, making them less effective for aggressive tax planning.

Why Clients Choose Berge & Berge

• More than 25 years of estate planning experience
• Certified Specialist in Estate Planning, Trust and Probate Law
• Attorney and CPA perspective
• Focused exclusively on estate planning, elder law, probate, and trust administration
• Deep experience with Medi-Cal planning and special needs planning
• Serving families throughout San Jose and the South Bay