--- title: "Irrevocable Trust Attorney | NY, NJ & OH | Legacy Counsel" description: "Irrevocable trusts move assets out of your taxable estate, protect them from creditors, and lock in long-term planning." lang: en json-ld: | [ { "@context": "https://schema.org", "@graph": [ { "@type": "LegalService", "@id": "https://jacobslegacycounsel.com/#legalservice", "name": "Jacobs Legacy Counsel", "alternateName": [ "Legacy Counsel by Jacobs Counsel", "Jacobs Legacy" ], "url": "https://jacobslegacycounsel.com", "description": "Fixed-fee estate planning for high-net-worth families, founders, executives, and professional athletes. Licensed in New York, New Jersey, and Ohio.", "logo": "https://jacobslegacycounsel.com/logo-dark.jpg", "image": "https://jacobslegacycounsel.com/og-image.jpg", "telephone": "+1-646-343-7227", "email": "intake@jacobscounsellaw.com", "priceRange": "Fixed-fee engagements", "address": { "@type": "PostalAddress", "streetAddress": "221 River Street, Floor 9", "addressLocality": "Hoboken", "addressRegion": "NJ", "postalCode": "07030", "addressCountry": "US" }, "areaServed": [ { "@type": "State", "name": "New York" }, { "@type": "State", "name": "New Jersey" }, { "@type": "State", "name": "Ohio" } ], "knowsAbout": [ "Estate planning", "Revocable living trusts", "Irrevocable trusts", "Dynasty trusts", "Asset protection planning", "Generation-skipping transfer tax planning", "Estate planning for professional athletes", "Estate planning for founders and executives", "QSBS planning", "Pre-liquidity estate planning", "Probate and trust administration" ], "contactPoint": { "@type": "ContactPoint", "telephone": "+1-646-343-7227", "email": "intake@jacobscounsellaw.com", "contactType": "client intake", "areaServed": [ "US-NY", "US-NJ", "US-OH" ], "availableLanguage": [ "en" ] }, "founder": { "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person" }, "employee": { "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person" }, "parentOrganization": { "@type": "LegalService", "@id": "https://jacobscounsellaw.com/#legalservice", "name": "Jacobs Counsel LLC", "url": "https://jacobscounsellaw.com" }, "sameAs": [ "https://jacobscounsellaw.com", "https://www.linkedin.com/company/jacobs-counsel", "https://www.instagram.com/jacobscounsel" ] }, { "@type": "WebSite", "@id": "https://jacobslegacycounsel.com/#website", "url": "https://jacobslegacycounsel.com", "name": "Jacobs Legacy Counsel", "publisher": { "@id": "https://jacobslegacycounsel.com/#legalservice" }, "inLanguage": "en-US" }, { "@type": "Person", "@id": "https://jacobscounsellaw.com/about/drew-jacobs#person", "name": "Andrew R. Jacobs, Esq.", "alternateName": "Drew Jacobs", "url": "https://jacobscounsellaw.com/about/drew-jacobs", "jobTitle": "Founder & Managing Attorney", "worksFor": { "@id": "https://jacobscounsellaw.com/#legalservice" }, "sameAs": [ "https://jacobslegacycounsel.com", "https://www.linkedin.com/in/drew-jacobs-dj32/", "https://www.instagram.com/jacobscounsel", "https://profiles.superlawyers.com/new-york-metro/hoboken/lawyer/andrew-jacobs/5765bbd8-0554-4eb5-be6d-0431db28f834.html", "https://www.avvo.com/attorneys/07030-nj-andrew-jacobs-5765bbd8.html", "https://iapps.courts.state.ny.us/attorneyservices/search?lastName=jacobs&firstName=andrew" ] } ] }, [ { "@context": "https://schema.org", "@type": "WebPage", "name": "Irrevocable Trust Attorney", "description": "Irrevocable trusts move assets out of your taxable estate, protect them from creditors, and lock in long-term planning.", "url": "https://jacobslegacycounsel.com/irrevocable-trust-attorney", "isPartOf": { "@type": "LegalService", "name": "Legacy Counsel by Jacobs Counsel LLC", "url": "https://jacobslegacycounsel.com" } }, { "@context": "https://schema.org", "@type": "FAQPage", "mainEntity": [ { "@type": "Question", "name": "Can I get assets back out of an irrevocable trust?", "acceptedAnswer": { "@type": "Answer", "text": "Not directly." } }, { "@type": "Question", "name": "Will I owe gift tax when I fund one?", "acceptedAnswer": { "@type": "Answer", "text": "Transfers usually consume part of your lifetime gift and estate exemption (approximately $15M per individual in 2026 under current federal law, subject to change)." } }, { "@type": "Question", "name": "Do irrevocable trusts protect against divorce?", "acceptedAnswer": { "@type": "Answer", "text": "Well-drafted irrevocable trusts can shield assets from a beneficiary's future spouse, but the rules are state-specific and depend on distribution language and trustee discretion." } }, { "@type": "Question", "name": "What is the right situs for my trust?", "acceptedAnswer": { "@type": "Answer", "text": "It depends on your residency, beneficiaries' residency, asset mix, and goals." } } ] } ], { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "Home", "item": "https://jacobslegacycounsel.com/" }, { "@type": "ListItem", "position": 2, "name": "Irrevocable Trust Attorney", "item": "https://jacobslegacycounsel.com/irrevocable-trust-attorney" } ] } ] --- A Practice of [Jacobs Counsel LLC](https://jacobscounsellaw.com) Serving NY · NJ · OH — Vol. 2026 [Legacy Counsel ](/) Firm Resources Estate Planning Trusts [Probate & Admin](/probate-trust-administration)[Pricing](/pricing)[Book Call](https://cal.com/drewjacobs/estate-planning)[Start Intake](/get-started) Menu 1. [Home](/) 2. Irrevocable Trust Attorney Irrevocable Trust Legacy Counsel # Irrevocable Trust Attorney Quick answer: An irrevocable trust is a trust you cannot freely amend or revoke after it is signed. [Start Intake](/get-started)[Book a Consultation](https://cal.com/drewjacobs/estate-planning) Key Points - ◆ Who it is for: high earners, founders pre-liquidity, families above the federal or state estate tax threshold, and clients who need real asset protection - ◆ What it solves: federal estate tax, state estate tax (NY, not NJ/OH), creditor exposure, divorce risk, and generational wealth transfer - ◆ Requires giving up control — but trust design can preserve flexibility through trustees, decanting, and trust protectors - ◆ Comes in many forms: ILITs, SLATs, GRATs, dynasty trusts, IDGTs, QPRTs, and asset protection trusts ## How an irrevocable trust works You (the grantor) transfer assets to an irrevocable trust managed by a trustee for named beneficiaries. Modern irrevocable trusts are not as rigid as the name suggests. ## Common mistakes we fix Funding an irrevocable trust with assets the grantor still needs access to. Drafting in a high-tax trust situs (New York, New Jersey) when a friendlier jurisdiction (Delaware, South Dakota, Nevada, Ohio) would have saved state income tax on accumulated trust income. Ignoring the reciprocal trust doctrine when spouses set up mirror SLATs. ## New York, New Jersey & Ohio considerations New York: state estate tax cliff above ~$7.16M means irrevocable planning matters for far more families than the ~$15M federal threshold suggests. New Jersey: no state estate tax, but the inheritance tax and NJ trust income tax push many families to site irrevocable trusts out of state. Ohio: no state estate tax and the Ohio Legacy Trust Act allows domestic asset protection trusts — Ohio is one of the better situs choices in the country. ## How Legacy Counsel helps We pick the right structure for the goal (gift-and-grow, estate freeze, asset protection, or generational planning), the right situs for tax and creditor rules, and the right trustee mix. Frequently Asked Can I get assets back out of an irrevocable trust? + Not directly. Will I owe gift tax when I fund one? + Transfers usually consume part of your lifetime gift and estate exemption (approximately $15M per individual in 2026 under current federal law, subject to change). Do irrevocable trusts protect against divorce? + Well-drafted irrevocable trusts can shield assets from a beneficiary's future spouse, but the rules are state-specific and depend on distribution language and trustee discretion. What is the right situs for my trust? + It depends on your residency, beneficiaries' residency, asset mix, and goals. Related - [All Trusts](/trusts) - [ILITs](/ilit-attorney) - [SLATs](/slat-attorney) - [GRATs](/grat-attorney) - [Dynasty Trusts](/dynasty-trust-attorney) Next Step ### Talk to Legacy Counsel. Fixed-fee estate planning for clients in New York, New Jersey, and Ohio. [Start Intake](/get-started)[Book a Consultation](https://cal.com/drewjacobs/estate-planning) Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed. **Prospective Client Disclaimer.** Submitting this form does not create an attorney-client relationship. Do not send confidential or time-sensitive information until we have signed an engagement letter. We will review your submission and follow up to discuss whether we can represent you. By submitting, you consent to be contacted about your inquiry. Estate Planning & Legacy Counsel Legacy Counsel by Jacobs Counsel. Fixed-fee estate planning, trusts, wills, and generational wealth strategy for high-net-worth families. [← Visit jacobscounsellaw.com](https://jacobscounsellaw.com) [(646) 343-7227](tel:+16463437227)[intake@jacobscounsellaw.com](mailto:intake@jacobscounsellaw.com) 221 River Street, Floor 9 Hoboken, NJ 07030 Practice - [Estate Planning](/estate-planning) - [Trusts](/trusts) - [Probate & Administration](/probate-trust-administration) - [Pricing](/pricing) - [For Advisors](/for-advisors) States - [New Jersey](/estate-planning/new-jersey) - [New York](/estate-planning/new-york) - [Ohio](/estate-planning/ohio) - [State Guides](/resources/state-guides) Resources - [Blog](/blog) - [FAQ](/faq) - [Estate Planning Quiz](/quiz/estate-planning) - [Checklist](/resources/checklist) Firm - [About Drew Jacobs](/about) - [Contact](/contact) - [Start Intake](/get-started) - [Book a Consultation](https://cal.com/drewjacobs/estate-planning) - [Client Questionnaire](/client-questionnaire) Notices - [Privacy Policy](/legal/privacy-policy) - [Legal Disclaimer](/legal/disclaimer) - [Attorney Advertising](/legal/attorney-advertising) © 2026 Legacy Counsel by Jacobs Counsel. All rights reserved. Attorney Advertising. Prior results do not guarantee a similar outcome. **Jurisdiction.** Drew Jacobs is licensed to practice law in New York, New Jersey, and Ohio . Estate planning is highly state-specific — laws governing wills, trusts, probate, estate and inheritance tax, and asset protection vary materially by jurisdiction. We represent clients whose residence, primary assets, or business interests are situated in NY, NJ, or OH. For matters involving other states, we coordinate with qualified local counsel. Nothing on this site constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.